[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: 36CFR1007.4]

[Page 236-237]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1007.4  Preliminary processing of requests.

    (a) Scope of requests. Unless a request clearly specifies otherwise, 
requests to the Presidio Trust may be presumed to seek only records of 
the Presidio Trust.
    (b) Records of other departments and agencies. (1) If a requested 
record in the possession of the Presidio Trust originated with another 
Federal department or agency, the request shall be referred to that 
agency unless:
    (i) The record is of primary interest to the Presidio Trust, for 
example, because it was developed or prepared pursuant to the Presidio 
Trust's regulations or request,
    (ii) The Presidio Trust is in a better position than the originating 
agency to assess whether the record is exempt from disclosure, or
    (iii) The originating agency is not subject to FOIA.
    (2) 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. (1) If a request seeks a record containing trade secrets or 
commercial or financial information submitted by a person outside of the 
Federal government, the Presidio Trust shall provide the submitter with 
notice of the request whenever:
    (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.

[[Page 237]]

    (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 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) If a submitter's statement cannot be obtained within the time 
limit for processing the request under Sec. 1007.6, the requester shall 
be notified of the delay as provided in Sec. 1007.6(f).
    (5) 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 FOIA) or 
regulation (other than this part);
    (iv) Disclosure is clearly prohibited by a statute, as described in 
Sec. 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 
10 years prior to the date of the request, unless the Presidio Trust has 
reason to believe that it continues to be confidential.
    (6) If a requester brings suit to compel disclosure of information, 
the submitter of the information will be promptly notified.