[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1007.3]

[Page 235-236]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1007.3  Requests for records.

    (a) Submission of requests. A request to inspect or copy records 
shall be submitted to the Presidio Trust's FOIA Officer at P.O. Box 
29052, San Francisco, CA 94129-0052.
    (b) Form of requests. (1) Requests under this part shall be in 
writing and must specifically invoke FOIA.
    (2) A request must reasonably describe the records requested. A 
request

[[Page 236]]

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.
    (3)(i) A request shall:
    (A) Specify the fee category (commercial use, educational 
institution, noncommercial scientific institution, news media, or other, 
as defined in Sec. 1007.9 of this chapter) in which the requester claims 
the request falls and the basis of this claim; and
    (B) State the maximum amount of fees that the requester is willing 
to pay or include a request for a fee waiver.
    (ii) Requesters are advised that, under Sec. 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 Sec. 1007.10 are met.
    (5) To expedite processing, both the envelope containing a request 
and the face of the request should bear the legend ``FREEDOM OF 
INFORMATION REQUEST.''
    (c) Creation of records. A request may seek only records that are in 
existence at the time the request is received. A request may not seek 
records that come into existence after the date on which it is received 
and may not require that new records be created in response to the 
request by, for example, combining or compiling selected items from 
manual files, preparing a new computer program, or calculating 
proportions, percentages, frequency distributions, trends or 
comparisons. In those instances where the Presidio Trust determines that 
creating a new record will be less burdensome than disclosing large 
volumes of unassembled material, the Presidio Trust may, in its 
discretion, agree to creation of a new record as an alternative to 
disclosing existing records.