[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1206.300]

[Page 54-55]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1206--AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table of Contents
 
                          Subpart 3--Exemptions
 
Sec. 1206.300  Exemptions.


    (a) Under 5 U.S.C. 552(b) Agency records falling within the 
exemptions of paragraph (b) of this section are not required to be made 
available under this part. Such records may nevertheless be made 
available if it is determined that such actions would not be 
inconsistent with a purpose of the exemption (see Sec. 1206.208).
    (b) The requirements of this part to make Agency records available 
do not apply to matters that are--
    (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 
NASA;
    (3) Specifically exempted from disclosure by statute (other than 5 
U.S.C. 552), 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

[[Page 55]]

    (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 which is privileged or confidential;
    (5) Interagency or intra-agency memoranda or letters which would not 
be available by law to a party other than an agency in litigation with 
NASA;
    (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,
    (A) Whenever a request is made which involves access to these 
records and--
    (1) The investigation or proceeding involves a possible violation of 
criminal law; and
    (2) There is reason to believe that the subject of the investigation 
or proceeding is not aware of its pendency, and disclosure of the 
existence of the records could reasonably be expected to interfere with 
enforcement proceedings, the Agency may, during only such time as that 
circumstance continues, treat the records as not subject to the 
requirements of 5 U.S.C. 552.
    (B) [Reserved]
    (ii) Would deprive a person of a right to a fair trial 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 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. Whenever informant records maintained by a criminal law 
enforcement agency under an informant's name or personal identifier are 
requested by a third party according to the informant's name or personal 
identifier, the Agency may treat the records as not subject to the 
requirements of 5 U.S.C. 552 unless the informant's status as an 
informant has been officially confirmed.
    (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.