[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1004.3]

[Page 619]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1004--FREEDOM OF INFORMATION--Table of Contents
 
Sec. 1004.3  Public reading facilities and policy on contractor records.

    (a) The DOE Headquarters will maintain, in the public reading 
facilities, the materials which are required by 5 U.S.C. 552(a)(2) to be 
made available for public inspection and copying. The principal public 
reading facility will be located at the Freedom of Information Office, 
1000 Independence Avenue, SW, Washington, DC. A complete listing of 
other facilities is available from the Freedom of Information Officer at 
DOE Headquarters.
    (b) Each of the designated field offices will maintain in public 
reading facilities certain materials maintained in the Headquarters 
facility and other materials associated with the particular field 
offices.
    (c) Each of these public reading facilities will maintain and make 
available for public inspection and copying current indices of the 
materials at that facility which are required to be indexed by 5 U.S.C. 
552(a)(2) or other applicable statutes.
    (d) [Reserved]
    (e) Contractor Records. (1) When a contract with DOE provides that 
any records acquired or generated by the contractor in its performance 
of the contract shall be the property of the Government, DOE will make 
available to the public such records that are in the possession of the 
Government or the contractor, unless the records are exempt from public 
disclosure under 5 U.S.C. 552(b)(2).
    (2) Notwithstanding paragraph (e)(1) of this section, records owned 
by the Government under contract that contain information or technical 
data having commercial value as defined in Sec. 1004.3(e)(4) or 
information for which the contractor claims a privilege recognized under 
Federal or State law shall be made available only when they are in the 
possession of the Government and not otherwise exempt under 5 U.S.C. 
552(b).
    (3) The policies stated in this paragraph:
    (i) Do not affect or alter contractors' obligations to provide to 
DOE upon request any records that DOE owns under contract, or DOE's 
rights under contract to obtain any contractor records and to determine 
their disposition, including public dissemination; and
    (ii) Will be applied by DOE to maximize public disclosure of records 
that pertain to concerns about the environment, public health or safety, 
or employee grievances.
    (4) For purposes of Sec. 1004.3(e)(2), ``technical data and 
information having commercial value'' means technical data and related 
commercial or financial information which is generated or acquired by a 
contractor and possessed by that contractor, and whose disclosure the 
contractor certifies to DOE would cause competitive harm to the 
commercial value or use of the information or data.

[53 FR 15661, May 3, 1988, as amended at 59 FR 63884, Dec. 12, 1994]