Title 40--PROTECTION OF ENVIRONMENT
Chapter VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD


Purpose and scope. This part contains the regulations of the United States Chemical Safety and Hazard Investigation Board (``CSB'' or ``Board'' or ``agency'') implementing...


(a) General. The FOIA and the regulations in this part apply to all CSB documents and information. However, if another law sets specific procedures for disclosure, the CSB will...


Appeals Officer means the person designated by the Chairperson to process appeals of denials of requests for CSB records under the FOIA. Business submitter means any person...


(a) Except as authorized by this part or as otherwise necessary in performing official duties, no employee shall in any manner disclose or...


to requests under this part. The CSB will preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all...


(a) The CSB maintains a public reading room that contains the records that the FOIA requires to be made regularly available for public inspection and copying as well as a...


records. (a) Addressing requests. Requests for records in the possession of the CSB shall be made in writing. The envelope and the request both should be clearly...


requests. (a) Response to initial request. The FOIA Officer is authorized to grant or deny any request for a record and to determine appropriate fees. (b) Referral...


content of responses. (a) Form of notice granting a request. After the FOIA Officer has granted a request in whole or in part, the requester will be notified in writing. The...


denials. (a) Right of appeal. If a request has been denied in whole or in part, the requester may appeal the denial to: FOIA Appeals Officer, United States Chemical...


responses to requests. (a) In general. The CSB ordinarily shall respond to requests according to their order of receipt. (b) Multitrack processing. (1) The CSB may use...


requested records. (a) The FOIA Officer shall make requested records available to the public to the greatest extent possible in keeping with the FOIA, except that...


for confidential business information. (a) In general. Confidential business information provided to the CSB by a business submitter shall not be disclosed pursuant to...


(a) Policy. Generally, the fees charged for requests for records pursuant to 5 U.S.C. 552 shall cover the full allowable direct costs of searching for, reproducing,...


requesters. (a) Fees for various requester categories. Paragraphs (b) through (e) of this section state, for each category of requester, the types of fees generally...


(a) In general. Except for requesters seeking records for a commercial use as described in Sec. 1601.31(b), the CSB will provide, without charge, the first 100 pages...


(a) Notice of anticipated fees in excess of $25. Where the CSB determines or estimates that the fees chargeable will amount to more than $25, the CSB shall promptly notify...


part contains the rules that the Chemical Safety and Hazard Investigation Board (``CSB'' or ``Board'') follows under the Privacy Act of 1974, 5 U.S.C. 552a. These rules should be...


may make a request for access to a CSB record about yourself by appearing in person or by writing to the CSB. Your request should be sent or delivered to the CSB's General...


(a) In general. In determining which records are responsive to a request, the CSB ordinarily will include only those records in its possession as of the date the CSB begins its search...


requests. On receipt of your request, the CSB ordinarily will send an acknowledgment letter, which shall confirm your agreement to pay fees under Sec. 1602.2(c) and may provide...


If you are dissatisfied with the CSB's response to your request for access to records, you may appeal an adverse determination denying your request in any respect to the Privacy...


and addressed. You may make a request for amendment or correction of a CSB record about yourself by following the procedures in Sec. 1602.2. Your request should identify each...


addressed. Except where accountings of disclosures are not required to be kept (as stated in paragraph (b) of this section), you may make a request for an accounting of any...


to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized by Title 44 of the United...


Privacy Act in the same way in which it charges duplication fees under the FOIA (see part 1601, subpart D of this chapter). No search or review fee will be charged for...


disclosures. When a record pertaining to an individual is required to be disclosed by a court order, the CSB will make reasonable efforts to provide notice of this to...


Sunshine Act, 5 U.S.C. 552b. These procedures apply to meetings, as defined herein, of the Members of the Chemical Safety and Hazard Investigation Board (``CSB'' or ``Board''). ...


the decisionmaking processes of the Board, while protecting the rights of individuals and the ability of the Board to discharge its statutory functions...


(b) General Counsel means the Board's principal legal officer, or a CSB attorney serving as Acting General Counsel. (c) Meeting means the deliberations of at least...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1603.4] [Page 698] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD PART 1603--RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT--Table of Contents Sec. 1603.4 Open meetings requirement. Any meetings of the Board, as defined in Sec. 1603.3, shall be conducted in accordance with this part. Except as provided in Sec. 1603.7, the Board's meetings, or portions thereof, shall be open to public observation. ...


will attend and monitor all briefings described in Sec. 1603.3(c)(3) and (c)(4) and all informal preliminary discussions described in Sec. 1603.3(c)(5),...


items or classes of Board business cannot be accomplished by notation voting, but must instead be decided by a recorded vote at a meeting, as defined in...


the Board finds that the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by Secs. 1603.8, 1603.9, and 1603.10...


close a meeting. (a) A meeting shall not be closed, or information pertaining thereto withheld, unless a majority of all Members votes to take such action. A majority of the...


at least one week before the meeting, of: (1) The time of the meeting; (2) The place of the meeting; (3) The subject matter of the meeting; (4)...


the public announcement only if the CSB publicly announces such change at the earliest practicable time. Members need not approve such change. (b) A meeting may...


referred to in Sec. 1603.8(d), the CSB shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or a...


promptly available to the public the transcript, electronic recording, or minutes of the discussion of any item on the agenda or of any testimony received at a meeting, except for...


Board's compliance with the Government in the Sunshine Act, including a tabulation of the total number of open meetings, the total number of closed meetings, the reasons for...


or circumstances, is held invalid, the remainder of this part or the application of such provision to persons or circumstances other than those as to which it is held invalid,...


are compelled to appear for a deposition (i.e., by subpoena) are entitled to be accompanied, represented, and advised by an attorney as follows: (1) Counsel for...


obstructionist, or contumacious conduct, or contemptuous language in the course of a deposition under Sec. 1610.1(a)(5) is sanctioned again by the Board in a...


be sequestered unless the official conducting the depositions permits otherwise. (b) Any witness compelled by subpoena to appear at a deposition during a CSB...


shall be recorded solely by an official reporter designated by the person conducting the deposition. (b) Such a witness, after completing the compelled testimony,...


of the Chemical Safety and Hazard Investigation Board (CSB) in suits or actions for damages and criminal proceedings arising out of chemical incidents when such testimony is in...


cause of an incident, issued either as a narrative report or in a computer format. Pursuant to 42 U.S.C. 7412(r)(6)(G), no part of the conclusions, findings or recommendations...


use or admission into evidence of CSB investigative reports in any suit or action for damages arising from such incidents. This provision would be undermined if expert opinion...


may be made available for use in civil actions or civil suits for damages arising out of incidents through depositions or written interrogatories. CSB employees are...


a CSB employee relating to an incident shall be addressed to the General Counsel, who may approve or deny the request consistent with this part. Such request shall set...


employee, nor is such testimony limited to depositions. However, the scope of permissible testimony continues to be constrained by all the limitations set forth in Sec. 1611.3...


CSB's jurisdiction, or any expert testimony arising from employment prior to CSB service is prohibited absent approval by the General Counsel. Approval shall only be given if...


appear and testify in connection with civil litigation, a request for his deposition shall not be approved until the subpoena has been withdrawn. (b) Upon receipt of a subpoena,...


the CSB prefers that testimony be taken by deposition if court rules permit, and that testimony await the issuance of the investigation report. The CSB recognizes, however,...


testimony to obtain desired documents. There are a number of ways to obtain CSB investigation reports, and accompanying investigation docket files. The rules at part...


use in legal proceedings (including administrative proceedings) in which the Chemical Safety and Hazard Investigation Board (CSB) is not a party, and procedures to be followed...


of performing official duties or because of the employee's official status. Specifically, this part applies to requests for: material contained in CSB files; and any information...


investigation reports should be directed to the Office of Congressional and Public Affairs, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite...


use as evidence. Requests for certified copies should be made to the General Counsel at least 30 days before the date they will be needed. The CSB may charge a...


Sec. 1612.3, no employee or former employee of the CSB shall, in [[Page 708]] response to a demand of a private litigant, court, or other authority, produce any...




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