[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: 36CFR1120.42]

[Page 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. 1120.42  Release of exempt documents.

    (a) An A&TBCB office may, in its discretion, release requested 
records despite the applicability of one or more of the exemptions 
listed in Sec. 1120.41 (a)(2), (5), or (7). Disclosure of such records 
is encouraged if no important purpose would be served by withholding the 
records.
    (b) Though the policy of the A&TBCB is to honor all requests, as 
indicated in Sec. 1120.21(a), there are circumstances when the A&TBCB 
will not disclose a record if one or more of the FOIA exemptions applies 
to the record. The exemptions usually in such circumstances are 
exemptions (2), (3), (4), (6), (8) and (9). In these cases, where the 
A&TBCB has withheld a requested record, or portions thereof, the A&TBCB 
will disclose the exempted record when ordered to do so by a Federal 
court or in exceptional circumstances under appropriate restrictions 
with the approval of the Office of General Counsel.