PART 1007—REQUESTS UNDER THE FREEDOM OF INFORMATION ACT Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552; E.O. 12,600, 52 FR 23781, 3 CFR, 1988 Comp., p. 235. Source: 63 FR 71774, Dec. 30, 1998, unless otherwise noted. § 1007.1 Purpose and scope. (a) This part contains the procedures for submission to and consideration by the Presidio Trust of requests for records under the FOIA. As used in this part, the term “FOIA” means the Freedom of Information Act, 5 U.S.C. 552. The regulations in this part should be read in conjunction with the text of the FOIA. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with the Presidio Trust's Privacy Act regulations as well as under this subpart. (b) Before invoking the formal procedures set out below, persons seeking records from the Presidio Trust may find it useful to consult with the Presidio Trust's FOIA Officer, who can be reached at The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, Telephone: (415) 561-5300. As used in this part, the term “FOIA Officer” means the employee designated by the Executive Director to process FOIA requests and otherwise supervise the Presidio Trust's compliance with the FOIA, or the alternate employee so designated to perform these duties in the absence of the FOIA Officer. (c) The procedures in this part do not apply to: (1) Records published in the Federal Register, http://www.presidiotrust.gov (2) Records or information compiled for law enforcement purposes and covered by the disclosure exemption described in § 1007.2(c)(7) if: (i) The investigation or proceeding involves a possible violation of criminal law; and (ii) There is reason to believe that: (A) The subject of the investigation or proceeding is not aware of its pendency; and (B) Disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings. (3) Informant records maintained by the United States Park Police under an informant's name or personal identifier, if requested by a third party according to the informant's name or personal identifier, unless the informant's status as an informant has been officially confirmed. [83 FR 50828, Oct. 10, 2018] § 1007.2 Records available. (a) Policy. (b) Statutory disclosure requirement. (c) Statutory exemptions. (1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; and (ii) Are in fact properly classified pursuant to such Executive order. (2) Related solely to the internal personnel rules and practices of an agency; (3) Specifically exempted from disclosure by statute (other than the Privacy Act), provided that such statute: (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld. (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information: (i) Could reasonably be expected to interfere with enforcement proceedings; (ii) Would deprive a person of a right to a fair or an impartial adjudication; (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (vi) Could reasonably be expected to endanger the life or physical safety of any individual. (8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (9) Geological and geophysical information and data, including maps, concerning wells. (d) Decisions on requests. (1) Disclosure is prohibited by statute or Executive order; or (2) Sound grounds exist for invocation of the exemption. (e) Disclosure of reasonably segregable nonexempt material. [83 FR 50829, Oct. 10, 2018] § 1007.3 Requests for records. (a) Submission of requests. (b) Form of perfected requests. (2) A request must reasonably describe the records requested. A request reasonably describes the records requested if it will enable an employee of the Presidio Trust familiar with the subject area of the request to locate the record with a reasonable amount of effort. If such information is available, the request should identify the subject matter of the record, the date when it was made, the place where it was made, the person or office that made it, the present custodian of the record, and any other information that will assist in locating the requested record. If the request involves a matter known by the requester to be in litigation, the request should also state the case name and court hearing the case. If after receiving a request the FOIA Officer determines that the request does not reasonably describe the records sought, the FOIA Officer will inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the FOIA Officer. If a request does not reasonably describe the records sought, the Presidio Trust's response to the request may be delayed or an adverse determination under § 1007.5(e). (3)(i) A perfected request shall: (A) Specify the fee category (commercial use, educational institution, noncommercial scientific institution, news media, or other, as defined in § 1007.9) in which the requester claims the request falls and the basis of this claim; (B) State the maximum amount of fees that the requester is willing to pay or include a request for a fee waiver; and (C) Provide contact information for the requester, such as phone number, email address and/or mailing address, to assist the Presidio Trust in communicating with them and providing released records. (ii) Requesters who make requests for records about themselves must verify their identity. (iii) Where a request for records pertains to another individual, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased ( e.g., (iv) Requesters are advised that, under § 1007.9 (f), (g) and (h), the time for responding to requests may be delayed: (A) If a requester has not sufficiently identified the fee category applicable to the request; (B) If a requester has not stated a willingness to pay fees as high as anticipated by the Presidio Trust; or (C) If a fee waiver request is denied and the requester has not included an alternative statement of willingness to pay fees as high as anticipated by the Presidio Trust. (4) A request seeking a fee waiver shall, to the extent possible, address why the requester believes that the criteria for fee waivers set out in § 1007.10 are met. (5) To facilitate handling, both the envelope containing a request and the face of the request should bear the legend “FREEDOM OF INFORMATION REQUEST.” (c) Creation of records. [83 FR 50829, Oct. 10, 2018] § 1007.4 Preliminary processing of requests. (a) Scope of requests. (b) Records of other departments and agencies. (i) Consultation. (ii) Referral. (B) If the Presidio Trust refers any part of the responsibility for responding to a request to another department or agency, the Presidio Trust will document the referral, maintain a copy of the record that it refers, and notify the requester of the referral, informing the requester of the name(s) of the department or agency to which the record was referred, including that entity's FOIA contact information. (2) Timing of responses to consultations and referrals. All consultations and referrals received by the Presidio Trust will be handled according to the date that the Presidio Trust received the perfected FOIA request. (3) A request for documents that were classified by another agency shall be referred to that agency. (c) Consultation with submitters of commercial and financial information. (i) The submitter has made a good faith designation of the information as commercially or financially sensitive; or (ii) The Presidio Trust has reason to believe that disclosure of the information may result in commercial or financial injury to the submitter. (2) Where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification. (3) The notice to the submitter shall afford the submitter a reasonable period within which to provide a detailed statement of any objection to disclosure. The submitter's statement shall explain the basis on which the information is claimed to be exempt under the FOIA, including a specification of any claim of competitive or other business harm that would result from disclosure. The statement shall also include a certification that the information is confidential, has not been disclosed to the public by the submitter, and is not routinely available to the public from other sources. (4) A submitter who fails to respond within the time period specified in the notice will be deemed to have no objection to disclosure of the information. The Presidio Trust shall not be required to consider any information received from the submitter after the date of any disclosure decision. Any information provided by a submitter under this subpart may itself be subject to disclosure under the FOIA. (5) The Presidio Trust will notify the requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information. (6) If a submitter's statement cannot be obtained within the time limit for processing the request under § 1007.6, the requester shall be notified of the delay as provided in § 1007.6(f). (7) Notification to a submitter is not required if: (i) The Presidio Trust determines, prior to giving notice, that the request for the record should be denied; (ii) The information has previously been lawfully published or officially made available to the public; (iii) Disclosure is required by a statute (other than the FOIA) or regulation (other than this part); (iv) Disclosure is clearly prohibited by a statute, as described in § 1007.2(c)(3); (v) The information was not designated by the submitter as confidential when it was submitted, or a reasonable time thereafter, if the submitter was specifically afforded an opportunity to make such a designation; however, a submitter will be notified of a request for information that was not designated as confidential at the time of submission, or a reasonable time thereafter, if there is substantial reason to believe that disclosure of the information would result in competitive harm; (vi) The designation of confidentiality made by the submitter is obviously frivolous; or (vii) The information was submitted to the Presidio Trust more than ten years prior to the date of the request, unless the Presidio Trust has reason to believe that it continues to be confidential. (8) If a requester brings suit to compel disclosure of information, the submitter of the information will be promptly notified. [83 FR 50830, Oct. 10, 2018] § 1007.5 Action on initial requests. (a) Authority. (2) A decision to withhold a requested record, to release a record that is exempt from disclosure, or to deny a fee waiver shall be made only after consultation with the General Counsel. (b) Acknowledgement of requests. (2) Requesters must include the individualized tracking number in all communications with the Presidio Trust regarding the request. (c) Estimated dates of completion and interim responses. (d) Form of grant. (2) The FOIA Officer shall honor a requester's specified preference of form or format of disclosure ( e.g., (3) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), both the requester and the submitter shall be notified of the decision. The notice to the submitter (a copy of which shall be made available to the requester) shall be forwarded a reasonable number of days prior to the date on which disclosure is to be made and shall include: (i) A statement of the reasons why the submitter's objections were not sustained; (ii) A specification of the portions of the record to be disclosed, if the submitter's objections were sustained in part; and (iii) A specified disclosure date. (4) If a claim of confidentiality has been found frivolous in accordance with § 1007.4(c)(7)(vi) and a determination is made to release the information without consultation with the submitter, the submitter of the information shall be notified of the decision and the reasons therefor a reasonable number of days prior to the date on which disclosure is to be made. (e) Adverse determinations of requests. (1) The requester has not submitted a perfected request; (2) The requested record is exempt, in whole or in part; (3) The request does not reasonably describe the records sought; (4) The information is not a record subject to the FOIA; (5) The requested record does not exist, cannot be located, or has been destroyed; or (6) The requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waivers or denials of requests for expedited processing. (f) Form of denial. (i) A list of the names and titles or positions of each person responsible for the denial; (ii) A reference to the specific exemption or exemptions authorizing the withholding; (iii) An estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption; (iv) A statement that the denial may be appealed and a reference to the procedures in § 1007.7 for appeal; and (v) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services. (2) A decision denying a request for failure to reasonably describe requested records or for other procedural deficiency or because requested records cannot be located shall be in writing and shall include: (i) A description of the basis of the decision; (ii) A list of the names and titles or positions of each person responsible; (iii) A statement that the matter may be appealed and a reference to the procedures in § 1007.7 for appeal; and (iv) A statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services. (g) Expedited processing. (i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; (ii) An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information; (iii) The loss of substantial due process rights; or (iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity that affect public confidence. (2) A request for expedited processing may be made at the time of the initial request for records or at any later time. (3) A requester who seeks expedited processing must submit a statement, certified to be true and correct to the best of that person's knowledge and belief, explaining in detail the basis for requesting expedited processing. (4) Within ten calendar days of receiving of a request for expedited processing, the FOIA Officer shall decide whether to grant the request for expedited processing and shall notify the requester of the decision. If a request for expedited processing is granted, the underlying FOIA request shall be given priority and shall be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously. [83 FR 50831, Oct. 10, 2018] § 1007.6 Time limits for processing initial requests. (a) Basic limit. (b) Running of basic time limit. (2) The running of the basic time limit may be delayed or tolled as explained in § 1007.9(f), (g) and (h) if a requester: (i) Has not stated a willingness to pay fees as high as are anticipated and has not sought and been granted a full fee waiver; or (ii) Has not made a required advance payment. (c) Extensions of time. (1) The need to search for and collect the requested records from facilities or other establishments that are separate from the main office of the Presidio Trust; (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request; or (3) The need for consultation, which shall be conducted with all practicable speed, with another department or agency having a substantial interest in the determination of the request. (d) Notice of extension. (e) Treatment of delay as denial. (f) Notice of delay. [83 FR 50832, Oct. 10, 2018] § 1007.7 Appeals. (a) Right of appeal. (1) Records have been withheld; (2) A request has been denied for failure to describe requested records or for other procedural deficiency or because requested records cannot be located; (3) A fee waiver has been denied; (4) A request has not been decided within the time limits provided in § 1007.6; or (5) A request for expedited processing under § 1007.5(g) has been denied. (b) Time for appeal. (c) Form of appeal. (2) The appeal shall be addressed to the Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052. (3) To facilitate handling, both the envelope containing a notice of appeal and the face of the notice should bear the legend “FREEDOM OF INFORMATION APPEAL.” (d) Appeal required. [83 FR 50832, Oct. 10, 2018] § 1007.8 Action on appeals. (a) Authority. (b) Time limit. (c) Extensions of time. (2) The appellant shall be advised in writing of the reasons for the extension and the date on which a final determination on the appeal is expected to be dispatched. (3) If no determination on the appeal has been reached at the end of the 20 working day period, or the extension thereof, the requester is deemed to have exhausted administrative remedies, giving rise to a right of review in the United States District Court for the Northern District of California, as specified in 5 U.S.C. 552(a)(4). (4) When no determination can be reached within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit, the requester shall be informed of the reason for the delay, of the date on which a determination may be reached to be dispatched, of the dispute resolution services offered by the Office of Government Information Services, and of the right to seek judicial review. (5) An appeal ordinarily will not be adjudicated if the request becomes a matter of FOIA litigation. (d) Form of decision. (2) If a requested record (or portion thereof) is being made available over the objections of a submitter made in accordance with § 1007.4(c), the submitter shall be provided notice as described in § 1007.5(b)(3). [83 FR 50832, Oct. 10, 2018] § 1007.9 Fees. (a) Policy. (2) Fees shall not be charged if the total amount chargeable does not exceed the costs of routine collection and processing of the fee. The Presidio Trust shall periodically determine the cost of routine collection and processing of a fee and publish such amount on its website. (3) Where there is a reasonable basis to conclude that a requester or group of requesters acting in concert has divided a request into a series of requests on a single subject or related subjects to avoid assessment of fees, the requests may be aggregated and fees charged accordingly. (4) Fees shall be charged to recover the full costs of providing such services as certifying that records are true copies or sending records by a method other than regular mail, when the Presidio Trust elects to provide such services. (5) The following definitions shall apply to this part: (i) A commercial use request (ii) The term direct costs i.e., (iii) The term duplication e.g., (iv) An educational institution (v) A noncommercial scientific institution (vi) A representative of the news media (vii) The term review (viii) The term search (b) Commercial use requests. (2) A commercial use requester may not be charged fees for time spent resolving legal and policy issues affecting access to requested records. (c) Educational and noncommercial scientific institution requests. (2) Such requesters may not be charged fees for costs incurred in: (i) Searching for requested records; (ii) Examining requested records to determine whether they are exempt from mandatory disclosure; (iii) Deleting reasonably segregable exempt matter; (iv) Monitoring the requester's inspection of agency records; or (v) Resolving legal and policy issues affecting access to requested records. (d) News media requests. (2) Representatives of the news media may not be charged fees for costs incurred in: (i) Searching for requested records; (ii) Examining requested records to determine whether they are exempt from mandatory disclosure; (iii) Deleting reasonably segregable exempt matter; (iv) Monitoring the requester's inspection of agency records; or (v) Resolving legal and policy issues affecting access to requested records. (e) Other requests. (2) Such requesters may not be charged for costs incurred in: (i) Examining requested records to determine whether they are exempt from disclosure; (ii) Deleting reasonably segregable exempt matter; (iii) Monitoring the requester's inspection of agency records; or (iv) Resolving legal and policy issues affecting access to requested records. (f) Requests for clarification. (g) Notice of anticipated fees. (h) Advance payment. (2) Where a requester has previously failed to pay a fee within 30 days of the date of billing, processing of any request from that requester shall ordinarily be suspended until the requester pays any amount still owed, including applicable interest, and makes advance payment of allowable fees anticipated in connection with the request. (3) Advance payment of fees may not be required except as described in paragraphs (h) (1) and (2) of this section. (4) Issuance of a notice requiring payment of overdue fees or advance payment shall toll the time limit in § 1007.6 until receipt of payment. (i) Form of payment. (j) Billing procedures. (k) Collection of fees. [83 FR 50833, Oct. 10, 2018] § 1007.10 Waiver of fees. (a) Statutory fee waiver. (1) Is likely to contribute significantly to public understanding of the operations or activities of the government and (2) Is not primarily in the commercial interest of the requester. (b) Elimination or reduction of fees. (c) Notice of denial. (1) A statement of the basis on which the waiver or reduction has been denied; (2) A listing of the names and titles or positions of each person responsible for the denial; and (3) A statement that the denial may be appealed to the Executive Director and a description of the procedures in § 1007.7 for appeal.