[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1206.300]



[Page 55-56]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table 

of Contents

 

                          Subpart 3_Exemptions

 

Sec. 1206.300  Exemptions.





    (a) Under 5 U.S.C. 552(b) Agency records falling within the 

exemptions of paragraph (b) of this section are not required to be made 

available under this part. Such records may nevertheless be made 

available if it is determined that such actions would not be 

inconsistent with a purpose of the exemption (see Sec. 1206.208).

    (b) The requirements of this part to make Agency records available 

do not apply to matters that are--

    (1)(i) Specifically authorized under criteria established by an 

Executive Order to be kept secret in the interest of national defense or 

foreign policy and

    (ii) Are in fact properly classified pursuant to such Executive 

Order;

    (2) Related solely to the internal personnel rules and practices of 

NASA;

    (3) Specifically exempted from disclosure by statute (other than 5 

U.S.C. 552), provided that such statute:

    (i) Requires that the matters be withheld from the public in such a 

manner as to leave no discretion on the issue, or

    (ii) Establishes particular criteria for withholding or refers to 

particular types of matters to be withheld;

    (4) Trade secrets and commercial or financial information obtained 

from a person which is privileged or confidential;

    (5) Interagency or intra-agency memoranda or letters which would not 

be available by law to a party other than an agency in litigation with 

NASA;

    (6) Personnel and medical files and similar files the disclosure of 

which would constitute a clearly unwarranted invasion of personal 

privacy;

    (7) Records or information compiled for law enforcement purposes, 

but only to the extent that the production of such law enforcement 

records or information--

    (i) Could reasonably be expected to interfere with enforcement 

proceedings,

    (A) Whenever a request is made which involves access to these 

records and--

    (1) The investigation or proceeding involves a possible violation of 

criminal law; and

    (2) There is reason to believe that the subject of the investigation 

or proceeding is not aware of its pendency, and disclosure of the 

existence of the records could reasonably be expected to interfere with 

enforcement proceedings, the Agency may, during only such time as that 

circumstance continues, treat the records as not subject to the 

requirements of 5 U.S.C. 552.



[[Page 56]]



    (B) [Reserved]

    (ii) Would deprive a person of a right to a fair trial or an 

impartial adjudication,

    (iii) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy,

    (iv) Could reasonably be expected to disclose the identity of a 

confidential source, including a State, local, or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis, and, in the case of a record or information compiled 

by criminal law enforcement authority in the course of a criminal 

investigation or by an agency conducting a lawful national security 

intelligence investigation, information furnished by a confidential 

source. Whenever informant records maintained by a criminal law 

enforcement agency under an informant's name or personal identifier are 

requested by a third party according to the informant's name or personal 

identifier, the Agency may treat the records as not subject to the 

requirements of 5 U.S.C. 552 unless the informant's status as an 

informant has been officially confirmed.

    (v) Would disclose techniques and procedures for law enforcement 

investigations or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the law, or

    (vi) Could reasonably be expected to endanger the life or physical 

safety of any individual.

    (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.