[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: 14CFR1262.202]



[Page 366-367]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

           Subpart 1262.2_Information Required From Applicants

 

Sec. 1262.202  Net worth exhibit.



    (a) Each applicant except a qualified tax-exempt organization or 

cooperative association must provide with its application a detailed 

exhibit showing the net worth of the applicant and any affiliates (as 

defiined in Sec. 1262.104(f) when the proceeding was initiated. The 

exhibit may be in any form convenient to the applicant that provides 

full disclosure of the applicant's and its affiliates' assets and 

liabilities and is sufficient to determine whether the applicant 

qualifies under the standards in this part. The adjudicative officer may 

require an applicant to file additional



[[Page 367]]



information to determine its eligibility for an award.

    (b) Ordinarily, the net worth exhibit will be included in the public 

records of the proceeding. However, an applicant that objects to public 

disclosure of information in any portion of the exhibit and believes 

there are legal grounds for withholding it from disclosure may submit 

that portion of the exhibit directly to the adjudicative officer in a 

sealed envelope labeled ``Confidential Financial Information,'' 

accompanied by a motion to withhold the information from public 

disclosure. The motion shall describe the information sought to be 

withheld and explain, in detail, why it falls within one or more of the 

specific exemptions from mandatory disclosure under the Freedom of 

Information Act, 5 U.S.C. 552(b)(1)-(9), why public disclosure of the 

information would adversely affect the applicant, and why disclosure is 

not required in the public interest. The materials in question shall be 

served on counsel representing the agency against which the applicant 

seeks an award, but need not be served on any other party to the 

proceeding. If the adjudicative officer finds that the information 

should not be withheld from disclosure, it shall be placed in the public 

record of the proceeding. Otherwise, any request to inspect or copy the 

exhibit shall be disposed of in accordance with the Agency's regulations 

under the Freedom of Information Act, at 14 CFR part 1206.