[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: 36CFR1007.5]

[Page 237-238]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 1007.5  Action on initial requests.

    (a) Authority. (1) Requests shall be decided by the FOIA Officer.
    (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) Form of grant. (1) When a requested record has been determined 
to be available, the FOIA Officer shall notify the requester as to when 
and where the record is available for inspection or, as the case may be, 
when and how copies will be provided. If fees are due, the FOIA Officer 
shall state the amount of fees due and the procedures for payment, as 
described in Sec. 1007.9.
    (2) The FOIA Officer shall honor a requester's specified preference 
of form or format of disclosure (e.g., paper, microform, audiovisual 
materials, or electronic records) if the record is readily available to 
the Presidio Trust in the requested form or format or if the record is 
reproducible by the Presidio Trust with reasonable efforts in the 
requested form or format.
    (3) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec. 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.

[[Page 238]]

    (4) If a claim of confidentiality has been found frivolous in 
accordance with Sec. 1007.4(c)(5)(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.
    (c) Form of denial. (1) A decision withholding a requested record 
shall be in writing and shall include:
    (i) A listing 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) If neither a statute nor an Executive order requires 
withholding, the sound ground for withholding;
    (iv) 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; and
    (v) A statement that the denial may be appealed and a reference to 
the procedures in Sec. 1007.7 for appeal.
    (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; and
    (iii) A statement that the matter may be appealed and a reference to 
the procedures in Sec. 1007.7 for appeal.
    (d) Expedited processing. (1) Requests and appeals will be taken out 
of order and given expedited treatment whenever it is determined by the 
FOIA Officer that they involve:
    (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; or
    (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.
    (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.