[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: 36CFR1120.41]

[Page 274-275]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1120--PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
 
              Subpart D--Information Available Upon Request
 
Sec. 1120.41  Exempt documents.

    (a) Generally, 5 U.S.C. 552(b) establishes nine exclusive categories 
of matters which are exempt from the mandatory disclosure requirements 
of 5 U.S.C. 552(a). No request under 5 U.S.C. 552 for an existing, 
located, unpublished record in the A&TBCB's control may be denied by any 
A&TBCB office or employee unless the record contains (or its disclosure 
would reveal) matters that are--
    (1) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense or 
foreign policy and which are in fact properly classified pursuant to the 
Executive order;
    (2) Related solely to the internal personnel rules and practices of 
an agency;
    (3) Specifically exempted from disclosure by statute;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Interagency or intra-agency memorandums or letters which would 
not be available by law to a party other than an agency in litigation 
with the agency;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Investigatory records compiled for law enforcement purposes, but 
only to

[[Page 275]]

the extent that the production of such records would--
    (i) Interfere with enforcement proceedings;
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication;
    (iii) Constitute an unwarranted invasion of personal privacy;
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source;
    (v) Disclose investigative techniques and procedures; or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (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.
    (b) The fact that the applicability of an exemption permits the 
withholding of a requested record (or portion of a record) does not 
necessarily mean that the record must or should be withheld. (See 
Sec. 1120.42 Release of exempt documents.)