[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.15]

[Page 11-13]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
                     Subpart B--Requests for Records
 
Sec. 2.15  Preliminary processing of requests.

    (a) Scope of requests. (1) Unless a request clearly specifies 
otherwise, requests to field installations of a bureau may be presumed 
to seek only records at that installation and requests to a bureau head 
or bureau FOIA officer may be presumed to seek only records of that 
bureau.
    (2) If a request to a field installation of a bureau specifies that 
it seeks records located at other installations of the same bureau, the 
installation shall refer the request to the other installation(s) or the 
bureau FOIA officer for appropriate processing. The time limit provided 
in Sec. 2.17(a) does not start until the request is received at the 
installation having the records or by the bureau FOIA officer.
    (3) If a request to a bureau specifies that it seeks records of 
another bureau, the bureau may return the request (or the relevant 
portion thereof) to the requester with instructions as to how the 
request may be resubmitted to the other bureau.
    (b) Intradepartmental consultation and referral. (1) If a bureau 
(other than the Office of Inspector General) receives a request for 
records in its possession

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that originated with or are of substantial concern to another bureau, it 
shall consult with that bureau before deciding whether to release or 
withhold the records.
    (2) As an alternative to consultation, a bureau may refer the 
request (or the relevant protion thereof) to the bureau that originated 
or is substantially concerned with the records. Such referrals shall be 
made expeditiously and the requester shall be notified in writing that a 
referral has been made. A referral under this paragraph does not restart 
the time limit provided in Sec. 2.17.
    (c) Records of other departments and agencies. (1) If a requested 
record in the possession of the Department of the Interior 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 Department,
    (ii) The Department 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 the Act.

The Department has primary interest in a record if it was developed or 
prepared pursuant to Department regulations, directives or request.
    (2) In accordance with Execuctive Order 12356, a request for 
documents that were classified by another agency shall be referred to 
that agency.
    (d) 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 bureau processing the request 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 bureau has reason to believe that disclosure of the 
information may result in commercial or financial injury to the 
submitter.

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.
    (2) 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 the 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.
    (3) If a submitter's statement cannot be obtained within the time 
limit for processing the request under Sec. 2.17, the requester shall be 
notified of the delay as provided in Sec. 2.17(f).
    (4) Notification to a submitter is not required if:
    (i) The bureau 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 the FOIA) or 
regulation (other than this subpart);
    (iv) Disclosure is clearly prohibited by a statute, as described in 
Sec. 2.13(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 Department more than 10 
years prior to the date of the request, unless the bureau has reason to 
believe that it continues to be confidential.

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    (5) If a requester brings suit to compel disclosure of information, 
the submitter of the information will be promptly notified.