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business as to which the number of submit agenda items related to CSB Members in office, minus the number business for consideration at any pub- of Members who have disqualified lic meeting, and the Chairperson shall themselves from consideration of such include such items on the agenda. At a matter is two, two Members shall con- minimum, each quarterly meeting stitute a quorum for purposes of such shall include the following agenda matter. Once a quorum is constituted, items: a simple majority of voting Members is (i) Consideration and vote on any no- required to approve an item of the tation items calendared since the date Board’s business. A tie vote results in of the last public meeting; no action. (ii) A review by the Board of the (b) Voting. The Board votes on items schedule for completion of all open in- of business in meetings conducted pur- vestigations, studies, and other impor- suant to the Government in the Sun- tant work of the Board; and shine Act. Alternatively, whenever a (iii) A review and discussion by the Member of the Board is of the opinion Board of the progress in meeting the that joint deliberation among the CSB’s Annual Action Plan. members of the Board upon any matter (2) Publication of agenda information. at a meeting is unnecessary in light of The Chairperson shall be responsible the nature of the matter, impracti- for posting information related to any cable, or would impede the orderly dis- agenda item that is appropriate for position of agency business, such mat- public release on the CSB Web site no ter may be disposed of by employing less than two days prior to a public notation voting procedures. A written meeting. notation of the vote of each partici- pating Board member shall be recorded [68 FR 65403, Nov. 20, 2003, as amended at 80 by the General Counsel who shall re- FR 46824, Aug. 6, 2015] tain it in the records of the Board. If a § 1600.6 Office location. Board member votes to calendar a no- tation item, the Board must consider The principal offices of the Chemical the calendared notation item at a pub- Safety and Hazard Investigation Board lic meeting of the Board within 90 days are located at 2175 K Street NW, Wash- of the date on which the item is ington, DC 20037. calendared. A notation vote to sched- ule a public meeting may not be PART 1601—PROCEDURES FOR DIS- calendared. The Chairperson shall add CLOSURE OF RECORDS UNDER any calendared notation item to the THE FREEDOM OF INFORMATION agenda for the next CSB public meet- ACT ing if one is to occur within 90 days or to schedule a special meeting to con- Subpart A—Purpose, Scope, and sider any calendared notation item no Applicability later than 90 days from the calendar action. Sec. (c) Public meetings and agendas. The 1601.1 Purpose and scope. Chairperson, or in the absence of a 1601.2 Applicability. chairperson, a member designated by the Board, shall schedule a minimum Subpart B—Procedures for Requesting and of four public meetings per year in Disclosing Records Washington, DC, to take place during 1601.10 Proactive disclosures. the months of October, January, April, 1601.11 Requirements for making requests. and July. 1601.12 Responsibility for responding to re- (1) Agenda. The Chairperson, or in the quests. absence of a chairperson, a member 1601.13 Timing of responses to requests. designated by the Board, shall be re- 1601.14 Responses to requests. sponsible for preparation of a final 1601.15 Special procedures for confidential meeting agenda. The final agenda may commercial information. not differ in substance from the items Subpart C—Appeals published in the Sunshine Act notice for that meeting. Any member may 1601.20 Processing of appeals.

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Subpart D—Administration (5) Requester means any person, in- cluding an individual, Indian tribe, 1601.30 Protection of records. 1601.31 Preservation of records pertaining to partnership, corporation, association, requests under this part. or public or private organization other 1601.32 Other rights and services. than a Federal agency that requests access to records in the possession of Subpart E—Fees the CSB pursuant to 5 U.S.C. 552.

1601.40 Procedures for fees. § 1601.2 Applicability. AUTHORITY: 5 U.S.C. 552. (a) In general. The FOIA and the reg- SOURCE: 82 FR 45502, Sept. 29, 2017, unless ulations in this part apply to all CSB otherwise noted. documents and information. However, if another law sets specific procedures Subpart A—Purpose, Scope, and for disclosure that supersede the FOIA, Applicability then CSB must process a request in ac- cordance with the procedures that § 1601.1 Purpose and scope. apply to those specific documents. If a (a) In general. This part contains the request is received for disclosure of a Chemical Safety and Hazard Investiga- document to the public that is not re- tion Board (‘‘CSB’’ or ‘‘agency’’) regu- quired to be released under the provi- lations implementing the Freedom of sions of law other than the FOIA, then Information Act (‘‘FOIA’’), 5 U.S.C. 552. the CSB must consider the request These regulations provide the proce- under the FOIA and the regulations in dures by which members of the public this part. Requests made by individuals may obtain access to records compiled, for records about themselves under the created, and maintained by the CSB, Privacy Act of 1974, 5 U.S.C. 552a, are along with the CSB procedures for re- processed in accordance with CSB’s sponding to such requests. The rules in Privacy Act regulations (part 1602 of this subpart are to be read in conjunc- this chapter), as well as under this sub- tion with the FOIA and the Uniform part. Freedom of Information Fee Schedule (b) Disclosure of requested records. The and Guidelines published by the White CSB will only withhold information House Office of Management and Budg- under the FOIA if the agency reason- et (OMB Guidelines). ably foresees that disclosure would (b) Definitions. harm an interest protected by an ex- (1) Chairperson means the Chair- emption or disclosure is prohibited by person of the CSB. law. The FOIA Officer will make re- (2) Chief FOIA Officer means the per- quested records available to the public son designated by Chairperson who has to the greatest extent possible in keep- overall responsibility for the CSB’s ing with the FOIA, except for the fol- compliance with the FOIA. lowing types of records, which are ex- (3) FOIA Officer means a person des- empt from the disclosure requirements: ignated by the Chief FOIA Officer to (1) Records specifically authorized process requests for the CSB docu- under criteria established by an Execu- ments under the FOIA. tive Order (E.O.) to be kept secret in (4) Record means information regard- the interest of national defense or for- less of its physical form or characteris- eign policy and which are, in fact, tics including information created, properly classified pursuant to such stored, and retrievable by electronic E.O.; means that is created or obtained by (2) Records related solely to the in- the CSB and under the control of the ternal personnel rules and practices of CSB at the time of the request, includ- the CSB; ing information maintained for the (3) Records specifically exempted CSB by an entity under Government from disclosure by statute (other than contract for records management pur- 5 U.S.C. 552(b)) provided that such stat- poses. Record includes any writing, ute requires that the matters be with- drawing, map, recording, tape, film, held from the public in such a manner photo, or other documentary material as to leave no discretion on the issue or by which information is preserved. that the statute establishes particular

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criteria for withholding information or (vi) Could reasonably be expected to refers to particular types of matters to endanger the life or physical safety of be withheld; and if enacted after the any individual. date of enactment of the OPEN FOIA (8) Records contained in or related to Act of 2009, specifically cites to 5 examination, operating, or condition U.S.C. 552(b)(3); reports prepared by, or on behalf of, or (4) Records containing trade secrets for the use of an agency responsible for and commercial or financial informa- the regulation or supervision of finan- tion obtained from a person and privi- cial institutions; leged or confidential; (9) Geological or geophysical infor- (5) Interagency or intra-agency mation and data, including maps, con- memoranda or letters which would not cerning wells. (c) Disclosure of segregable nonexempt be available by law to a party other material. The CSB will consider wheth- than an agency in litigation with the er partial disclosure of information is CSB, provided that the deliberative possible whenever the agency deter- process privilege shall not apply to mines that a full disclosure of a re- records created twenty-five (25) years quested record is not possible. If a re- or more before the date on which the quested record contains exempted ma- records were requested; terial along with nonexempted mate- (6) Personnel and medical files and rial, all reasonably segregable non- similar files the disclosure of which exempt material must be disclosed. would constitute a clearly unwarranted (d) Records available through routine invasion of personal privacy; distribution procedures. If the record re- (7) Records or information compiled quested includes material published for law enforcement purposes, but only and offered for sale, e.g., by the Super- to the extent that the production of intendent of Documents of the Govern- such law enforcement records or infor- ment Printing Office, or by an author- mation: ized private distributor, then the CSB (i) Could reasonably be expected to will refer the requester to those interfere with enforcement pro- sources. Nevertheless, if the requester ceedings; is not satisfied with the alternative (ii) Would deprive a person of a right sources, then the CSB will process the to a fair trial or an impartial adjudica- request under its usual FOIA proce- tion; dures, noting that the CSB will likely (iii) Could reasonably be expected to withhold copyrighted records under Ex- constitute an unwarranted invasion of emption 4. personal privacy; (iv) Could reasonably be expected to Subpart B—Procedures for Re- disclose the identity of a confidential questing and Disclosing source, including a State, local or for- Records eign agency or authority or any pri- vate institution which furnished infor- § 1601.10 Proactive disclosures. mation on a confidential basis, and in (a) In general. Records that the FOIA the case of a record or information requires the CSB to make available for compiled by criminal law enforcement public inspection in an electronic for- authority in the course of a criminal mat may be accessed through the investigation or by an agency con- CSB’s Web site (which can be found at ducting a lawful national security in- http://www.csb.gov/disclaimers/legal-af- telligence investigation, information fairs-foia/). The CSB is responsible for furnished by a confidential source; determining which of its records must (v) Would disclose techniques and be made publicly available, for identi- procedures for law enforcement inves- fying additional records of interest to tigations or prosecutions, or would dis- the public that are appropriate for pub- close guidelines for law enforcement lic disclosure, and for posting and in- investigations or prosecutions if such dexing such records. The CSB must en- disclosure could reasonably be ex- sure that its Web site of posted records pected to risk circumvention of the and indices is reviewed and updated on law; or an ongoing basis. The CSB has a FOIA

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Contact and FOIA Public Liaison who (3) Where a request for records per- can assist individuals in locating tains to a third party, a requester may records particular to the CSB. The receive greater access by submitting most up to date contact information either a notarized authorization signed for the CSB’s FOIA Contact and the by that individual or a declaration CSB’s FOIA Public Liaison is available made in compliance with the require- at http://www.foia.gov/report- ments set forth in 28 U.S.C. 1746 by makerequest.html. that individual authorizing disclosure (b) Definitions. of the records to the requester, or by (1) Disclose or disclosure means mak- submitting proof that the individual is ing records available for examination deceased (e.g., a copy of a death certifi- or copying, or furnishing a copy of non- cate or an obituary). As an exercise of exempt responsive records. administrative discretion, the CSB can (2) FOIA Contact means the name, ad- require a requester to supply addi- dress and phone number at the CSB tional information, if necessary, in where a requester can make a FOIA re- order to verify that a particular indi- quest. vidual has consented to disclosure. (3) FOIA Public Liaison means the of- (b) Addressing requests. (1) All re- ficial who supervises the FOIA Re- quests for records to the CSB must be quester Service Center. made in writing. (2) For hard copy requests: The enve- § 1601.11 Requirements for making re- quests. lope and the request both should be clearly marked ‘‘FOIA Request’’ and (a) General information. (1) To make a addressed to: Chief FOIA Officer—FOIA request for records, a requester should Request, Chemical Safety and Hazard write directly to the FOIA office of the Investigation Board, 1750 Pennsylvania agency that maintains the records Ave. NW., Suite 910, Washington, DC sought. A request will receive the 20006. quickest possible response if the re- (3) For electronic requests: The subject quest is addressed to the FOIA office of the agency that maintains the records line of the request should be marked sought. If the CSB is the agency that ‘‘FOIA Request’’ and the request may maintains the records sought, then the be submitted by email to [email protected]. contact information for the CSB’s (4) A request that is improperly ad- FOIA office is listed at http:// dressed will be deemed to have been re- www.foia.gov/report-makerequest.html, ceived by the CSB on the date that it and any additional requirements for is actually received by the CSB, or submitting a request can be found would have been received with the ex- herein. Additionally, requesters who ercise of due diligence, by the FOIA Of- have questions or concerns about mak- ficer. ing a request, and those who have made (c) Description of records sought. (1) a request who have questions or con- Requesters must describe the records cerns, may discuss their request(s) sought in sufficient detail to enable the with the CSB’s FOIA Contact or FOIA CSB’s personnel to locate them with a Public Liaison. reasonable amount of effort. (2) A requester who is making a re- (2) To the extent possible, requesters quest for records about himself or her- should include specific information self must comply with the verification that may help the CSB identify the re- of identity requirements described in quested records, such as the date, title this section. Requesters must provide or name, author, recipient, subject either a notarized statement or a state- matter of the record, case number, file ment signed under penalty of perjury designation, or reference number. In stating that the requester is the person general, requesters should include as they claim to be. This certification is much detail as possible about the spe- required in order to protect the re- cific records or the types of records quester’s privacy and to ensure that that they are seeking. Before submit- private information about the re- ting their requests, requesters may quester is not disclosed inappropriately contact the CSB’s FOIA Contact or to another individual. FOIA Public Liaison to discuss the

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records they seek and to receive assist- pected to come into existence at some ance in describing the records. future time; or (3) If, after receiving a request, the (3) Restore records destroyed or oth- CSB determines that the request does erwise disposed of, except that the not reasonably describe the records FOIA Officer must notify the requester sought, then the CSB must inform the that the requested records have been requester what additional information destroyed or otherwise disposed of. is needed or why the request is other- wise insufficient. Requesters who are § 1601.12 Responsibility for responding to requests. attempting to reformulate or modify such a request may discuss their re- (a) In general. The agency that first quest with the CSB’s FOIA Contact or receives a request for a record and with the CSB’s FOIA Public Liaison. If maintains that record is the agency re- a request does not reasonably describe sponsible for responding to the request. the records sought, the CSB’s response In determining which records are re- to the request may be delayed. sponsive to a request, the CSB ordi- (d) Form of records. Requests may narily will include only records in its specify the preferred form or format possession as of the date that it begins (including electronic formats) for the its search. If any other date is used, records that the requester seeks. The the CSB must inform the requester of CSB must accommodate requests if the that date. A record that is excluded record is readily reproducible in that from the requirements of the FOIA form or format. If a person seeks infor- pursuant to 5 U.S.C. 552(c), is not con- mation from the CSB in a format that sidered responsive to a request. does not currently exist, then the CSB (b) Authority to grant or deny requests. must make reasonable efforts to pro- The Chief FOIA Officer or a designee is vide the information in the format re- authorized to grant or to deny any ini- tial request for records that are main- quested. The CSB will not create a new tained by the CSB and to determine record of information to satisfy a re- any appropriate fees. quest. (c) Consultation, referral, and coordina- (e) Contact information. Requesters tion. When reviewing records, the CSB must provide their first and last name must determine whether another agen- along with their contact information, cy of the Federal Government is better such as their phone number, email ad- able to determine whether the record is dress, and/or mailing address, to assist exempt from disclosure under the the CSB in communicating with them FOIA. As to any such record, the CSB and providing released records. must proceed in one of the following (f) Agreement to pay fees. The CSB ways: considers a FOIA request an agreement (1) Consultation. When records origi- by the requester to pay all applicable nated with the CSB, but contain within fees charged unless the requester seeks them information of interest to an- a waiver of fees. The CSB ordinarily other agency or other Federal Govern- will confirm this agreement in an ac- ment office, the CSB should consult knowledgement letter. The CSB will with that other entity prior to making not charge any fee if the total cost of a release determination. the response is less than $25.00. See (2) Referral. (i) When the CSB believes § 1601.40 [discussing fees in more detail]. that a different agency or component If the fee will be greater than $25.00, of a different agency is best able to de- then the CSB must contact the re- termine whether to disclose the record, quester to discuss how the requester the CSB should refer the responsibility wants to proceed. for responding to the request regarding (g) Types of records not available. The that record to that agency or compo- FOIA does not require the CSB to: nent. Ordinarily, the agency that origi- (1) Compile or create records solely nated the record is presumed to be the for the purpose of satisfying a request best agency to make the disclosure de- for records; termination. However, if the CSB and (2) Provide records not yet in exist- the originating agency jointly agree ence, even if such records may be ex- that the CSB is in the best position to

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respond regarding the record, then the for classification by another agency record may be handled as a consulta- under any applicable E.O. concerning tion. the classification of records, the CSB (ii) Whenever the CSB refers any part must refer the responsibility for re- of the responsibility for responding to sponding to the request regarding that a request to another agency, it must information to the agency that classi- document the referral, maintain a copy fied the information, or to the agency of the record that it refers, and notify that should consider the information the requester of the referral, informing for classification. Whenever the CSB’s the requester of the name(s) of the record contains information that has agency to which the record was re- been derivatively classified (for exam- ferred, including that agency’s FOIA ple, when it contains information clas- contact information. sified by another agency), the CSB (3) Coordination. The standard refer- must refer the responsibility for re- ral procedure is not appropriate where sponding to that portion of the request disclosure of the identity of the agency to the agency that classified the under- to which the referral would be made lying information. could harm an interest protected by an (e) Timing of responses to consultations applicable exemption, such as the ex- and referrals. All consultations and re- emptions that protect personal privacy ferrals received by the CSB must be or national security interests. For ex- handled according to the date that the ample, if a non-law enforcement agen- first agency received the perfected cy responding to a request for records FOIA request. on a living third party locates within (f) Agreements regarding consultations its files records originating with a law and referrals. The CSB may establish enforcement agency, and if the exist- agreements with other agencies to ence of that law enforcement interest eliminate the need for consultations or in the third party was not publicly referrals with respect to particular known, then to disclose that law en- types of records. forcement interest could cause an un- (g) No responsive record. If no records warranted invasion of the personal pri- are responsive to the request, the FOIA vacy of the third party. Similarly, if an Officer will so notify the requester in agency locates within its files material writing. originating with an Intelligence Com- munity agency, and the involvement of § 1601.13 Timing of responses to re- that agency in the matter is classified quests. and not publicly acknowledged, then to (a) In general. The CSB ordinarily disclose or give attribution to the in- will respond to requests according to volvement of that Intelligence Commu- their order of receipt. nity agency could cause national secu- (b) Definitions. rity harms. In such instances, in order (1) Working day means a Federal to avoid harm to an interest protected workday; Saturdays, Sundays, and by an applicable exemption, the CSB Federal holidays are excluded in com- must coordinate with the originating puting the response time for processing agency to seek its views on whether FOIA requests. the record can be disclosed. The release (2) [Reserved] determination for the record that is (c) Multitrack processing. The CSB has the subject of the coordination will a specific track for requests that are then be conveyed to the requester by granted expedited processing, in ac- the CSB. cordance with the standards set forth (d) Classified information. Upon re- in paragraph (f) of this section. In addi- ceipt of any request involving classi- tion, the CSB uses two standard proc- fied information, the CSB must deter- essing tracks- one for simple requests mine whether the information is cur- and a separate track for complex re- rently and properly classified in ac- quests. The CSB will assign requests to cordance with applicable classification the simple or complex track based on rules. Whenever a request involves a the estimated amount of work or time record containing information that has needed to process the request. Among been classified or may be appropriate the factors the CSB may consider are

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the number of records requested, the (ii) An urgency to inform the public number of pages involved in processing about an actual or alleged Federal Gov- the request and the need for consulta- ernment activity, if made by a person tions or referrals. The CSB must advise who is primarily engaged in dissemi- each requester of the track into which nating information; their request falls and, when appro- (iii) The loss of substantial due proc- priate, will offer a requester an oppor- ess rights; or tunity to narrow or modify their re- (iv) A matter of widespread and ex- quest so that it can be placed in the ceptional media interest in which there simple processing track. exists possible questions about the gov- (d) Unusual circumstances. Whenever ernment’s integrity that affect public the CSB cannot meet the statutory confidence. time limit for processing a request be- (2) A request for expedited processing cause of ‘‘unusual circumstances,’’ as may be made at any time. Requests defined in the FOIA, and the CSB ex- based on paragraphs (f)(1)(i) through tends the time limit on that basis, the (iv) of this section must be submitted CSB must, before expiration of the to the CSB. When making a request for twenty (20) day period to respond, no- expedited processing of an administra- tify the requester in writing of the un- tive appeal, the request must be sub- usual circumstances involved and of mitted to the CSB’s FOIA Appeals Offi- the date by which the CSB estimates cer in accordance with § 1601.20. processing of the request will be com- (3) A requester who seeks expedited pleted. Where the extension exceeds processing must submit a statement, ten (10) working days, the CSB must, certified to be true and correct, ex- as described by the FOIA, provide the plaining in detail the basis for making requester with an opportunity to mod- the request for expedited processing. ify the request or arrange an alter- For example, under paragraph (f)(1)(ii) native time period for processing the of this section, a requester who is not original or modified request. The CSB a full-time member of the news media must make available its designated must establish that the requester is a FOIA Contact or its FOIA Public Liai- person whose primary professional ac- son for this purpose. A list of agency tivity or occupation is information dis- FOIA Public Liaisons is available at semination, though it need not be the http://www.foia.gov/report- requester’s sole occupation. Such a re- makerequest.html. The CSB must also quester also must establish a par- alert requesters to the availability of ticular urgency to inform the public the Office of Government Information about the government activity in- Services (OGIS) to provide dispute res- volved in the request—one that extends olution services. beyond the public’s right to know (e) Aggregating requests. To satisfy un- about government activity generally. usual circumstances under the FOIA, The existence of numerous articles the CSB may aggregate requests in published on a given subject can be cases where it reasonably appears that helpful in establishing the requirement multiple requests, submitted either by that there be an ‘‘urgency to inform’’ a requester, or by a group of requesters the public on the topic. As a matter of acting in concert, constitute a single administrative discretion, the CSB request that would otherwise involve may waive the formal certification re- unusual circumstances. The CSB must quirement. not aggregate multiple requests that (4) The CSB must notify the re- involve unrelated matters. quester within ten (10) calendar days of (f) Expedited processing. (1) The CSB the receipt of a request for expedited must process requests and appeals on processing of its decision whether to an expedited basis whenever it is deter- grant or deny expedited processing. If mined that they involve: expedited processing is granted, then (i) Circumstances in which the lack the request must be given priority, of expedited processing could reason- placed in the processing track for expe- ably be expected to pose an imminent dited requests, and must be processed threat to the life or physical safety of as soon as practicable. If a request for an individual; expedited processing is denied, then the

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CSB must act on any appeal of that de- the request does not reasonably de- cision expeditiously. scribe the records sought; the informa- tion requested is not a record subject § 1601.14 Responses to requests. to the FOIA; the requested record does (a) In general. The CSB, to the extent not exist, cannot be located, or has practicable, will communicate elec- been destroyed; or the requested record tronically with requesters having ac- is not readily reproducible in the form cess to the Internet, such as by email or format sought by the requester. Ad- or web portal. verse determinations also include deni- (b) Acknowledgments of requests. The als involving fees or fee waiver matters CSB must acknowledge the request in or denials of requests for expedited writing and assign it an individualized processing. tracking number if it will take longer (f) Content of denial. The denial must than ten (10) working days to process. be signed by the Chairperson or the The CSB must include in the acknowl- FOIA Officer and must include: edgment a brief description of the (1) The name and title or position of records sought to allow requesters to the person responsible for the denial; more easily keep track of their re- (2) A brief statement of the reasons quests. for the denial, including any FOIA ex- (c) Estimated dates of completion and emption(s) applied by the CSB in deny- interim responses. Upon request, the ing the request; CSB must provide an estimated date by (3) An estimate of the volume of any which the CSB expects to provide a re- records or information withheld, such sponse to the requester. If a request in- as the number of pages or some other volves a voluminous amount of mate- rial, or searches in multiple locations, reasonable form of estimation, al- the CSB may provide interim re- though such an estimate is not re- sponses, releasing the records on a roll- quired if the volume is otherwise indi- ing basis. cated by deletions marked on records (d) Grants of requests. Once the CSB that are disclosed in part or if pro- determines it will grant a request in viding an estimate would harm an in- full or in part, it must notify the re- terest protected by an applicable ex- quester in writing. The notice must de- emption; and scribe the manner in which the record (4) A statement that the denial may or records will be disclosed, whether by be appealed under § 1601.20, and a de- providing a copy of the record or scription of the appeal requirements. records with the response, or providing (5) A statement notifying the re- them at a later date, or by making a quester of the assistance available copy of the record available to the re- from the CSB’s FOIA Public Liaison quester for inspection at a reasonable and the dispute resolution services of- time and place. The procedure for such fered by the OGIS. an inspection must not unreasonably (g) Markings on released documents. disrupt the operation of the CSB. The Records disclosed in part must be CSB must also inform the requester of marked clearly to show the amount of any fees charged under § 1601.40 and information deleted and the exemption must disclose the requested records to under which the deletion was made un- the requester promptly upon payment less doing so would harm an interest of any applicable fees. The CSB must protected by an applicable exemption. inform the requester of the availability The location of the information deleted of its FOIA Public Liaison to offer as- must also be indicated on the record, if sistance. technically feasible. (e) Adverse determinations of requests. (h) Use of record exclusions. (1) In the If the CSB makes an adverse deter- event that the CSB identifies records mination denying a request in any re- that may be subject to exclusion from spect, it must notify the requester of the requirements of the FOIA pursuant that determination in writing. Adverse to 5 U.S.C. 552(c), the CSB must confer determinations, or denials of requests, with Department of Justice, Office of include decisions that: The requested Information Policy (OIP), to obtain ap- record is exempt, in whole or in part; proval to apply the exclusion.

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(2) When invoking an exclusion, the whether the information is protected CSB must maintain an administrative from disclosure. record of the process of invocation and (2) The notice must either describe approval of the exclusion by OIP. the commercial information requested or include a copy of the requested § 1601.15 Special procedures for con- records or portions of records con- fidential commercial information. taining the information. In cases in- (a) In general. Confidential commer- volving a voluminous number of sub- cial information provided to the CSB mitters, the CSB may post or publish a by a submitter must not be disclosed notice in a place or manner reasonably pursuant to a FOIA request except in likely to inform the submitters of the accordance with this section. proposed disclosure, instead of sending (b) Definitions. individual notifications. (1) Confidential commercial information (e) Exceptions to submitter notice re- means commercial or financial infor- quirements. The notice requirements of mation obtained by the CSB from a this section do not apply if: submitter that may be protected from (1) The CSB determines that the in- disclosure under Exemption 4 of the formation is exempt under the FOIA, FOIA, 5 U.S.C. 552(b)(4). and therefore will not be disclosed; (2) Submitter means any person or en- (2) The information has been lawfully tity, including a corporation, State, or published or has been officially made foreign government, Indian tribal gov- available to the public; ernments but not including another (3) Disclosure of the information is Federal Government entity, that pro- required by a statute other than the vides confidential commercial informa- FOIA or by a regulation issued in ac- tion, either directly or indirectly to cordance with the requirements of E.O. the Federal Government. 12600 of June 23, 1987; or (c) Designation of confidential commer- (4) The designation made by the sub- cial information. A submitter of con- mitter under paragraph (c) of this sec- fidential commercial information must tion appears obviously frivolous. In make good faith efforts to designate by such case, the CSB must give the sub- appropriate markings, at the time of mitter written notice of any final deci- submission, any portion of its submis- sion to disclose the information within sion that it considers to be protected a reasonable number of days prior to a from disclosure under Exemption 4 of specified disclosure date. the FOIA, 5 U.S.C. 552(b)(4). These des- (f) Opportunity to object to disclosure. ignations expire ten (10) years after the (1) The CSB must specify a reasonable date of the submission unless the sub- time period within which the submitter mitter requests and provides justifica- must respond to the notice referenced tion for a longer designation period. above. (d) When notice to submitters is re- (2) If a submitter has any objections quired. (1) The CSB must promptly pro- to disclosure, it should provide the CSB vide written notice to the submitter of a detailed written statement that confidential commercial information specifies all grounds for withholding whenever records containing such in- the particular information under any formation are requested under the exemption of the FOIA. In order to rely FOIA if the CSB determines that it on Exemption 4 as basis for nondisclo- may be required to disclose the sure, the submitter must explain why records, provided: the information constitutes a trade se- (i) The requested information has cret or commercial or financial infor- been designated in good faith by the mation that is privileged or confiden- submitter as information considered tial. Whenever possible, the business protected from disclosure under Ex- submitter’s claim of confidentiality emption 4; or should be supported by a statement or (ii) The CSB has a reason to believe certification by an officer or author- that the requested information may be ized representative of the business sub- protected from disclosure under Ex- mitter. Information provided by a sub- emption 4, but has not yet determined mitter pursuant to this paragraph may

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itself be subject to disclosure under the (1) FOIA Appeal means an inde- FOIA. pendent review of an adverse deter- (3) A submitter who fails to respond mination initial determination made within the time period specified in the in response to a FOIA request. notice will be considered to have no ob- (2) FOIA Appeals Officer means the jection to disclosure of the informa- person designated by the Chairperson tion. The CSB is not required to con- to process and to decide a FOIA appeal. sider any information received after (c) Requirements for making an appeal. the date of any disclosure decision. (1) A requester may appeal any adverse Any information provided by a sub- determinations to the FOIA Appeals mitter under this subpart may itself be Officer. Examples of adverse deter- subject to disclosure under the FOIA. minations are provided in § 1601.14(e). (g) Analysis of objections. The CSB (2) The requester must make the ap- must consider a submitter’s objections peal in writing. Requesters can submit and specific grounds for nondisclosure appeals by mail or email in accordance in deciding whether to disclose the re- with the following requirements here- quested information. in, which are also listed on the CSB’s (h) Notice of intent to disclose. When- Web site. To facilitate handling, the re- ever the CSB decides to disclose infor- quester should mark both the appeal mation over the objection of a sub- letter and envelope, or subject line of mitter, the CSB must provide the sub- the electronic transmission, ‘‘Freedom mitter written notice, which must in- of Information Act Appeal’’ or ‘‘FOIA clude: Appeal.’’ (1) A statement of the reasons why (i) For hard copy requests: The enve- each of the submitter’s disclosure ob- lope and the request both should ad- jections was not sustained; dressed to: FOIA Appeals Officer— (2) A description of the information FOIA Appeal, Chemical Safety and to be disclosed or copies of the records Hazard Investigation Board, 1750 Penn- as the CSB intends to release them; sylvania Ave. NW., Suite 910, Wash- and ington, DC 20006. (3) A specified disclosure date, which (ii) For electronic requests: The ap- must be a reasonable time after the no- peal should addressed to the FOIA Ap- tice. peals Officer and may be submitted by (i) Notice of FOIA lawsuit. Whenever a email to [email protected]. requester files a lawsuit seeking to (3) To be considered timely, an appeal compel the disclosure of confidential must be postmarked, or in the case of commercial information, the CSB must electronic submissions, transmitted, promptly notify the submitter. within ninety (90) calendar days after (j) Requester notification. The CSB the date of the adverse determination must notify the requester whenever it that is the subject of the appeal. For provides the submitter with notice and purposes of apply the ninety (90) cal- an opportunity to object to disclosure endar day deadline, the CSB will treat because the request includes informa- an appeal that is improperly addressed tion that may arguably be exempt from as being received on the date on the disclosure under Exemption 4 of the date that it is actually received by the FOIA; whenever it notifies the sub- CSB, or would have been received with mitter of its intent to disclose the re- the exercise of due diligence, by the quested information; and whenever a FOIA Appeals Officer. submitter files a lawsuit to prevent the (4) The appeal should clearly identify disclosure of the information. the adverse determination that is being appealed and the assigned request num- Subpart C—Appeals ber. (5) An appeal should also include a § 1601.20 Processing of appeals. copy of the initial request, a copy of (a) Right of appeal. If a request has the letter denying the request in whole been denied in whole or in part, the re- or in part, and a statement of the cir- quester may appeal the denial to the cumstances, reasons, or arguments ad- CSB’s FOIA Appeals Officer. vanced in support of disclosure of the (b) Definitions. requested record.

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(d) Adjudication of appeals. (1) The permit disclosure of any document or CSB FOIA Appeals Officer or designee information in the possession of the will act on behalf of the CSB’s Chief CSB that is confidential or otherwise FOIA Officer on all appeals under this of a nonpublic nature, including that section. regarding the CSB, the Environmental (2) An appeal ordinarily will not be Protection Agency or the Occupational adjudicated if the request becomes a Safety and Health Administration. matter of FOIA litigation. (2) No person may, without permis- (3) On receipt of any appeal involving sion, remove from the place where it is classified information, the FOIA Ap- made available any record made avail- peals Officer must take appropriate ac- able to him for inspection or copying. tion to ensure compliance with appli- Stealing, altering, mutilating, obliter- cable classification rules. ating, or destroying a Federal record, (e) Decisions on appeals. The CSB in whole or in part, is a violation of must provide its decision on an appeal Federal law. in writing. The disposition of an appeal (b) [Reserved] will be in writing and will constitute the final action of the CSB on a re- § 1601.31 Preservation of records per- quest. A decision that upholds the taining to requests under this part. CSB’s determination in whole or in The CSB must preserve all cor- part will contain a statement that respondence pertaining to the requests identifies the reasons for the affirm- that it receives under this subpart, as ance, including any FOIA exemptions well as copies of all requested records, applied. The decision will provide the until disposition or destruction is au- requester with notification of the stat- thorized pursuant to title 44 of the utory right to file a lawsuit and will United States Code and the General also inform the requester of the medi- Records Schedule 4.2 of the National ation services offered by the OGIS of Archives and Records Administration. the National Archives and Records Ad- The CSB must not dispose of or destroy ministration as a non-exclusive alter- records while they are the subject of a native to litigation. If the CSB’s deci- pending request, appeal, or lawsuit sion is remanded or modified on appeal, under the FOIA. the CSB must notify the requester of that determination in writing. The § 1601.32 Other rights and services. CSB must then further process the re- Nothing in this subpart will be con- quest in accordance with that appeal strued to entitle any person, as of determination and will respond di- right, to any service or to the disclo- rectly to the requester. sure of any record to which such person (f) Engaging in dispute resolution serv- is not entitled under the FOIA. ices provided by OGIS. Dispute resolu- tion is a voluntary process. If the CSB Subpart E—Fees agrees to participate in the dispute res- olution services provided by OGIS, it § 1601.40 Procedures for fees. will actively engage as a partner to the (a) In general. The CSB must charge process in an attempt to resolve the for processing requests under the FOIA dispute. in accordance with the provisions of (g) When appeal is required. Before this section and with the OMB Guide- seeking review by a court of the CSB’s lines. For purposes of assessing fees, adverse determination, a requester the FOIA establishes three categories generally must first submit a timely of requesters: Commercial use request- administrative appeal. ers, non-commercial scientific or edu- cational institutions or news media re- Subpart D—Administration questers, and all other requesters. Dif- ferent fees are assessed depending on § 1601.30 Protection of records. the category. Requesters may seek a (a) In general. (1) Except as author- fee waiver. The CSB must consider re- ized by this part or as otherwise nec- quests for fee waivers in accordance essary in performing official duties, with the requirements in paragraph (k) CSB employees must not disclose or of this section. To resolve any fee

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issues that arise under this section, the arly research and the CSB must advise CSB may contact a requester for addi- requesters of their placement in this tional information. The CSB must en- category. sure that searches, review, and duplica- (i) Example 1. A request from a pro- tion are conducted in the most effi- fessor of geology at a university for cient and the least expensive manner. records relating to soil erosion, written The CSB ordinarily will collect all ap- on letterhead of the Department of Ge- plicable fees before sending copies of ology, would be presumed to be from an records to a requester. Requesters educational institution. must pay fees by check or money order (ii) Example 2. A request from the made payable to the Treasury of the same professor of geology seeking drug United States, or by another method as information from the Food and Drug determined by the CSB. Administration in furtherance of a (b) Definitions. murder mystery he is writing would (1) Commercial use request is a request not be presumed to be an institutional that asks for information for a use or a request, regardless of whether it was purpose that furthers a commercial, written on institutional stationery. trade, or profit interest, which can in- (iii) Example 3. A student who makes clude furthering those interests a request in furtherance of the stu- through litigation. The CSB’s decision dent’s coursework or other school- to place a requester in the commercial sponsored activities and provides a use category will be made on a case-by- copy of a course syllabus or other rea- case basis based on the requester’s in- sonable documentation to indicate the tended use of the information. The CSB research purpose for the request, would must notify requesters of their place- qualify as part of this fee category. ment in this category. (5) Noncommercial scientific institution (2) Direct costs are those expenses is an institution that is not operated that the CSB incurs in searching for on a ‘‘commercial’’ basis, as defined in and duplicating (and, in the case of paragraph (b)(1) of this section and commercial use requests, reviewing) that is operated solely for the purpose records in order to respond to a FOIA of conducting scientific research the request. For example, direct costs in- results of which are not intended to clude the salary of the employee per- promote any particular product or in- forming the work (i.e., the basic rate of dustry. A requester in this category pay for the employee, plus sixteen per- must show that the request is author- cent (16%) of that rate to cover bene- ized by and is made under the auspices fits) and the cost of operating com- of a qualifying institution and that the puters and other electronic equipment, records are sought to further scientific such as photocopiers and scanners. Di- research and are not for a commercial rect costs do not include overhead ex- use. The CSB must advise requesters of penses such as the costs of space, and their placement in this category. of heating or lighting a facility. (6) Representative of the news media is (3) Duplication is reproducing a copy any person or entity that gathers in- of a record, or of the information con- formation of potential interest to a tained in it, necessary to respond to a segment of the public, uses its editorial FOIA request. Copies can take the form skills to turn the raw materials into a of paper, audiovisual materials, or distinct work, and distributes that electronic records, among others. The work to an audience. Accordingly, the copies provided must be in a form that term includes any person actively is reasonably usable by requesters. gathering news for an entity that is or- (4) Educational institution is any ganized and operated to publish or school that operates a program of broadcast news to the public. The term scholarly research. A requester in this news means information that is about fee category must show that the re- current events or that would be of cur- quest is made in connection with the rent interest to the public. Examples of requester’s role at the educational in- news media entities include television stitution. The CSB may seek or radio stations that broadcast news verification from the requester that to the public at large, and publishers of the request is in furtherance of schol- periodicals that disseminate news and

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make their products available through (c) Charging fees. In responding to a variety of means to the general pub- FOIA requests, the CSB will charge the lic, including news organizations that following fees unless a waiver or reduc- make their products available for pur- tion of fees has been granted under chase by or subscription by or free dis- paragraph (k) of this section. Because tribution to the general public, includ- the fee amounts provided below already ing those solely on the Internet. These account for the direct costs associated examples are not all-inclusive. More- with a given fee type, the CSB should over, as methods of news delivery not add any additional costs to charges evolve (for example, the adoption of calculated under this section. the electronic dissemination of news- (1) Search. (i) Requests made by edu- papers through telecommunications cational institutions, noncommercial services), such alternative media shall scientific institutions, or representa- be considered to be news-media enti- tives of the news media are not subject ties. A request for records supporting to search fees. The CSB must charge the news-dissemination function of the search fees for all other requesters, requester will not be considered to be subject to the restrictions of paragraph for a commercial use. Freelance jour- (d) of this section. The CSB may prop- nalists who demonstrate a solid basis erly charge for time spent searching for expecting publication through a even if they do not locate any respon- news media entity will be considered as sive records or if they determine that a representative of the news media. A the records are entirely exempt from publishing contract would provide the disclosure. clearest evidence that publication is (ii) For each quarter hour spent by expected; however, the CSB can also personnel searching for requested consider a requester’s past publication records, including electronic searches record in making this determination. that do not require new programming, The CSB will advise requesters of their the fees will be charged as follows: $6.00 placement in this category. for clerical personnel; $11.00 for profes- (7) Review is the examination of a sional personnel; and $15.00 for manage- record located in response to a FOIA rial personnel. request in order to determine whether (iii) The CSB must charge the direct any portion of it is exempt from disclo- costs associated with conducting any sure under one or more of the FOIA ex- search that requires the creation of a emptions. Review time includes proc- new computer program to locate the essing any record for disclosure, such requested records. The CSB must no- as doing all that is necessary to pre- tify the requester of the costs associ- pare the record for disclosure, includ- ated with creating such a program, and ing the process of redacting the record the requester must agree to pay the as- and marking the appropriate exemp- sociated costs before the costs may be tions. Review costs are properly incurred. charged even if a record ultimately is (iv) For requests that require the re- not disclosed. Review time also in- trieval of records stored by the CSB at cludes time spent both obtaining and a Federal records center operated by considering any formal objection to the National Archives and Records Ad- disclosure made by a confidential com- ministration (NARA), the CSB must mercial information submitter under charge additional costs in accordance § 1601.15, but it does not include time with the Transactional Billing Rate spent resolving general legal or policy Schedule established by NARA. issues regarding the application of ex- (2) Duplication. The CSB will charge emptions. duplication fees to all requesters, sub- (8) Search is the process of looking for ject to the restrictions of paragraph (d) and retrieving records or information of this section. The CSB must honor a responsive to a request. Search time requester’s preference for receiving a includes page-by-page or line-by-line record in a particular form or format identification of information within where the CSB can readily reproduce it records and the reasonable efforts ex- in the form or format requested. Where pended to locate and retrieve informa- photocopies are supplied, the CSB must tion from electronic records. provide one copy per request at the

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cost of $0.17 per page. For copies of pages are necessary to respond to the records produced on tapes, disks, or request, the CSB may charge search other media, the CSB must charge the fees, or, in the case of requesters de- direct costs of producing the copy, in- scribed in paragraph (d)(1) of this sec- cluding operator time. Where paper tion, may charge duplication fees, if documents must be scanned in order to the following steps are taken. The CSB comply with a requester’s preference to must have provided timely written no- receive the records in an electronic for- tice of unusual circumstances to the mat, the requester must also pay the requester in accordance with the FOIA direct costs associated with scanning and the CSB must have discussed with those materials. For other forms of du- the requester via written mail, email, plication, the CSB must charge the di- or telephone (or made not less than rect costs. three good-faith attempts to do so) how (3) Review. The CSB must charge re- the requester could effectively limit view fees to requesters who make com- the scope of the request in accordance mercial use requests. Review fees will with 5 U.S.C. 552(a)(6)(B)(ii). If this ex- be assessed in connection with the ini- ception is satisfied, the CSB may tial review of the record, i.e., the re- charge all applicable fees incurred in view conducted by the CSB to deter- the processing of the request. mine whether an exemption applies to (iv) If a court has determined that a particular record or portion of a exceptional circumstances exist as de- record. No charge will be made for re- fined by the FOIA, a failure to comply view at the administrative appeal stage with the time limits shall be excused of exemptions applied at the initial re- for the length of time provided by the view stage. However, if a particular ex- court order. emption is deemed to no longer apply, (3) No search or review fees will be any costs associated with the CSB’s re- charged for a quarter-hour period un- review of the records in order to con- less more than half of that period is re- sider the use of other exemptions may quired for search or review. be assessed as review fees. Review fees (4) Except for requesters seeking will be charged at the same rates as records for a commercial use, the CSB those charged for a search under para- must provide without charge: graph (c)(1)(ii) of this section. (i) The first 100 pages of duplication (d) Restrictions on charging fees. (1) (or the cost equivalent for other When the CSB determines that a re- media); and quester is an educational institution, (ii) The first two hours of search. non-commercial scientific institution, (5) No fee will be charged when the or representative of the news media, total fee, after deducting the 100 free and the records are not sought for com- pages (or its cost equivalent) and the mercial use, it will not charge search first two hours of search, is equal to or fees. less than $25.00. (2)(i) If the CSB fails to comply with (e) Notice of anticipated fees in excess the FOIA’s time limits in which to re- of $25.00. (1) When the CSB determines spond to a request, it may not charge or estimates that the fees to be as- search fees, or, in the instances of re- sessed in accordance with this section quests from requesters described in will exceed $25.00, the CSB must notify paragraph (d)(1) of this section, may the requester of the actual or esti- not charge duplication fees, except as mated amount of the fees, including a described in paragraphs (d)(2)(ii)–(iv). breakdown of the fees for search, re- (ii) If the CSB has determined that view or duplication, unless the re- unusual circumstances as defined by quester has indicated a willingness to the FOIA apply and the CSB provided pay fees as high as those anticipated. If timely written notice to the requester only a portion of the fee can be esti- in accordance with the FOIA, a failure mated readily, the CSB must advise to comply with the time limit must be the requester accordingly. If the re- excused for an additional ten (10) days. quest is for non-commercial use, the (iii) If the CSB has determined that notice will specify that the requester is unusual circumstances as defined by entitled to the statutory entitlements the FOIA apply, and more than 5,000 of 100 pages of duplication at no charge

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and, if the requester is charged search ices include certifying that records are fees, two hours of search time at no true copies, providing multiple copies charge, and will advise the requester of the same document, or sending whether those entitlements have been records by means other than first class provided. mail. (2) If the CSB notifies the requester (g) Charging interest. The CSB may that the actual or estimated fees are in charge interest on any unpaid bill excess of $25.00, the request will not be starting on the thirty-first (31) day fol- considered received and further work lowing the date of billing the re- will not be completed until the re- quester. Interest charges will be as- quester commits in writing to pay the sessed at the rate provided in 31 U.S.C. actual or estimated total fee, or des- 3717 and will accrue from the billing ignates some amount of fees the re- date until payment is received by the quester is willing to pay, or in the case CSB. The CSB must follow the provi- of a non-commercial use requester who sions of the Debt Collection Act of 1982 has not yet been provided with the re- (Pub. L. 97–365, 96 Stat. 1749), as amend- quester’s statutory entitlements, des- ed, and its administrative procedures, ignates that the requester seeks only including the use of consumer report- that which can be provided by the stat- ing agencies, collection agencies, and utory entitlements. The requester offset. must provide the commitment or des- (h) Aggregating requests. When the ignation in writing, and must, when CSB reasonably believes that a re- applicable, designate an exact dollar quester or a group of requesters acting amount the requester is willing to pay. in concert is attempting to divide a The CSB is not required to accept pay- single request into a series of requests ments in installments. Requesters for the purpose of avoiding fees, the must respond to their fee estimate CSB may aggregate those requests and within thirty (30) working days, or the charge accordingly. The CSB may pre- CSB will assume that the requester is sume that multiple requests of this no longer interested in their FOIA re- type made within a thirty (30) day pe- quest(s), and the case will be adminis- riod have been made in order to avoid tratively closed. (3) If the requester has indicated a fees. For requests separated by a longer willingness to pay some designated period, the CSB must aggregate them amount of fees, but the CSB estimates only where there is a reasonable basis that the total fee will exceed that for determining that aggregation is amount, the CSB will toll the proc- warranted in view of all the cir- essing of the request when it notifies cumstances involved. Multiple requests the requester of the estimated fees in involving unrelated matters cannot be excess of the amount the requester has aggregated. indicated a willingness to pay. The (i) Advance payments. (1) For requests CSB will inquire whether the requester other than those described in para- wishes to revise the amount of fees the graphs (i)(2) or (i)(3) of this section, the requester is willing to pay or modify CSB must not require the requester to the request. Once the requester re- make an advance payment before work sponds, the time to respond will re- is commenced or continued on a re- sume from where it was at the date of quest. Payment owed for work already the notification. completed (i.e., payment before copies (4) The CSB must make available its are sent to a requester) is not an ad- FOIA Public Liaison or anther FOIA vance payment. professional to assist any requester in (2) When the CSB determines or esti- reformulating a request to meet the re- mates that a total fee to be charged quester’s needs at a lower cost. under this section will exceed $250.00, it (f) Charges for other services. Although may require that the requester make not required to provide special serv- an advance payment up to the amount ices, if the CSB chooses to do so as a of the entire anticipated fee before be- matter of administrative discretion, ginning to process the request. The the direct costs of providing the service CSB may elect to process the request will be charged. Examples of such serv- prior to collecting fees when it receives

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a satisfactory assurance of full pay- it is likely to contribute significantly ment from a requester with a history to public understanding of the oper- of prompt payment. ations or activities of the government (3) Where a requester has previously and is not primarily in the commercial failed to pay a properly charged FOIA interest of the requester. In deciding fee to the CSB within thirty (30) cal- whether this standard is satisfied the endar days of the billing date, the CSB CSB must consider the factors de- may require that the requester pay the scribed in paragraphs (k)(2)(i) through full amount due, plus any applicable (iii) of this section: interest on that prior request, and the (i) Disclosure of the requested infor- CSB may require that the requester mation would shed light on the oper- make an advance payment of the full ations or activities of the government. amount of any anticipated fee before The subject of the request must con- the CSB begins to process a new re- cern identifiable operations or activi- quest or continues to process a pending ties of the Federal Government with a request or any pending appeal. Where connection that is direct and clear, not the CSB has a reasonable basis to be- remote or attenuated. lieve that a requester has misrepre- (ii) Disclosure of the requested infor- sented the requester’s identity in order mation is likely to contribute signifi- to avoid paying outstanding fees, it cantly to public understanding of those may require that the requester provide operations or activities. This factor is proof of identity. satisfied when the following criteria (4) In cases in which the CSB requires are met: advance payment, the request will not (A) Disclosure of the requested be considered received and further records must be meaningfully inform- work will not be completed until the ative about government operations or required payment is received. If the re- activities. The disclosure of informa- quester does not pay the advance pay- tion that already is in the public do- ment within thirty (30) calendar days main, in either the same or a substan- after the date of the CSB’s fee deter- mination, the request will be closed. tially identical form, would not be (j) Other statutes specifically providing meaningfully informative if nothing for fees. The fee schedule of this section new would be added to the public’s un- does not apply to fees charged under derstanding. any statute that specifically requires (B) The disclosure must contribute to the CSB to set and collect fees for par- the understanding of a reasonably ticular types of records. In instances broad audience of persons interested in where records responsive to a request the subject, as opposed to the indi- are subject to a statutorily-based fee vidual understanding of the requester. schedule program, the CSB must in- A requester’s expertise in the subject form the requester of the contact infor- area as well as the requester’s ability mation for that program. and intention to effectively convey in- (k) Requirements for waiver or reduc- formation to the public must be consid- tion of fees. (1) Requesters may seek a ered. The CSB will presume that a rep- waiver of fees by submitting a written resentative of the news media will sat- application demonstrating how disclo- isfy this consideration. sure of the requested information is in (iii) The disclosure must not be pri- the public interest because it is likely marily in the commercial interest of to contribute significantly to public the requester. To determine whether understanding of the operations or ac- disclosure of the requested information tivities of the government and is not is primarily in the commercial interest primarily in the commercial interest of of the requester, the CSB must con- the requester. sider the following criteria: (2) The CSB must furnish records re- (A) The CSB must identify whether sponsive to a request without charge or the requester has any commercial in- at a reduced rate when it determines, terest that would be furthered by the based on all available information, requested disclosure. A commercial in- that disclosure of the requested infor- terest includes any commercial, trade, mation is in the public interest because or profit interest. Requesters must be

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given an opportunity to provide ex- 1602.8 Preservation of records. planatory information regarding this 1602.9 Fees. consideration. 1602.10 Notice of court-ordered and emer- (B) If there is an identified commer- gency disclosures. cial interest, the CSB must determine AUTHORITY: 5 U.S.C. 552a, 553; 42 U.S.C. 7412 whether that is the primary interest et seq. furthered by the request. A waiver or SOURCE: 66 FR 17080, Mar. 29, 2001, unless reduction of fees is justified when the otherwise noted. requirements of paragraphs (k)(2)(i) and (ii) are satisfied and any commer- § 1602.1 General provisions. cial interest is not the primary inter- (a) Purpose and scope. This part con- est furthered by the request. The CSB tains the rules that the Chemical Safe- ordinarily will presume that when a ty and Hazard Investigation Board news media requester has satisfied the (‘‘CSB’’ or ‘‘Board’’) follows under the factors in paragraphs (k)(2)(i) and (ii) Privacy Act of 1974, 5 U.S.C. 552a. These of this section, the request is not pri- rules should be read together with the marily in the commercial interest of Privacy Act, which provides additional the requester. Disclosure to data bro- information about records maintained kers or others who merely compile and on individuals. The rules in this part market government information for di- apply to all records in systems of rect economic return will not be pre- records maintained by the CSB that sumed to primarily serve the public in- are retrieved by an individual’s name terest. or personal identifier. They describe (3) Where only some of the records to the procedures by which individuals be released satisfy the requirements for may request access to records about a waiver of fees, a waiver must be themselves, request amendment or cor- granted for those records. rection of those records, and request an (4) Requests for a waiver or reduction accounting of disclosures of those of fees should be made when the re- records by the CSB. In addition, the quest is first submitted to the CSB and CSB processes all Privacy Act requests should address the criteria referenced for access to records under the Free- above. A requester may submit a fee dom of Information Act (FOIA), 5 waiver request at a later time so long U.S.C. 552, following the rules con- as the underlying record request is tained in part 1601 of this chapter, pending or on administrative appeal. which gives requests the benefit of When a requester who has committed both statutes. to pay fees subsequently asks for a (b) Definitions. As used in this part: waiver of those fees and that waiver is Requester means an individual who denied, the requester must pay any makes a request for access, a request costs incurred up to the date the fee for amendment or correction, or a re- waiver request was received. quest for an accounting under the Pri- vacy Act. PART 1602—PROTECTION OF PRI- Request for access to a record means a VACY AND ACCESS TO INDI- request made as described in sub- VIDUAL RECORDS UNDER THE section (d)(1) of the Privacy Act, 5 U.S.C. 552a. PRIVACY ACT OF 1974 Request for amendment or correction of a record means a request made as de- Sec. 1602.1 General provisions. scribed in subsection (d)(2) of the Pri- 1602.2 Requests for access to records. vacy Act, 5 U.S.C. 552a. 1602.3 Responsibility for responding to re- Request for an accounting means a re- quests for access to records. quest made as described in subsection 1602.4 Responses to requests for access to (c)(3) of the Privacy Act, 5 U.S.C. 552a. records. 1602.5 Appeals from denials of requests for § 1602.2 Requests for access to records. access to records. 1602.6 Requests for amendment or correc- (a) How made and addressed. You may tion of records. make a request for access to a CSB 1602.7 Requests for accountings of record record about yourself by appearing in disclosures. person or by writing to the CSB. Your

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