83_FR_51022 83 FR 50826 - Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection Regulations

83 FR 50826 - Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection Regulations

PRESIDIO TRUST

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50826-50838
FR Document2018-21969

This final rule revises Presidio Trust (Trust) regulations addressing requests under the Freedom of Information Act (FOIA), requests under the Privacy Act, administrative claims under the Federal Tort Claims Act (FTCA), and Debt Collection. The Trust is revising these regulations to update, clarify and streamline the language of several procedural provisions, and to incorporate amendments pursuant to the OPEN Government Act of 2007, the FOIA Improvement Act of 2016, and the Digital Accountability and Transparency Act of 2014.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50826-50838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21969]


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PRESIDIO TRUST

36 CFR Parts 1007, 1008, 1009 and 1011

RIN 3212-AA08; 3212-AA09; 3212-AA10; 3212-AA11


Freedom of Information Act; Privacy Act; Federal Tort Claims Act; 
Debt Collection Regulations

AGENCY: Presidio Trust.

ACTION: Final rule.

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SUMMARY: This final rule revises Presidio Trust (Trust) regulations 
addressing requests under the Freedom of Information Act (FOIA), 
requests under the Privacy Act, administrative claims under the Federal 
Tort Claims Act (FTCA), and Debt Collection. The Trust is revising 
these regulations to update, clarify and streamline the language of 
several procedural provisions, and to incorporate amendments pursuant 
to the OPEN Government Act of 2007, the FOIA Improvement Act of 2016, 
and the Digital Accountability and Transparency Act of 2014.

DATES: These final rules are effective November 15, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Carp, Legal Analyst, (415) 561-
5300, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 104(j) of the Presidio Trust Act (16 U.S.C. 460bb appendix) 
authorizes the Trust to prescribe regulations governing the manner in 
which it conducts its business and exercises its powers. This final 
rule revises the Trust's administrative regulations at 36 CFR part 1007 
(FOIA), part 1008 (Privacy Act), part 1009 (FTCA), and part 1011 (Debt 
Collection), as described below. In addition, the Trust has made minor 
ministerial changes and corrected typographical errors to these parts 
of its regulations.

Revisions to 36 CFR Part 1007 (Requests Under the FOIA)

    The Trust adopted FOIA regulations effective January 29, 1999. The 
OPEN Government Act of 2007 (OPEN Act), among other things, provided a 
statutory definition of a ``representative of the news media'' on 
September 14, 2007. The FOIA Improvement Act of 2016 (FOIA Act) amended 
the FOIA on June 30, 2016. The Trust's final rule conforms its 
regulations to the definition of a ``representative of the news media'' 
in the OPEN Act and conforms its regulations to the FOIA Act, as well 
as to the Department of Justice's revised FOIA regulations. 
Specifically, this rule revises Sec.  1007.1 (Purpose and scope) by 
adding references to the text of FOIA and the Trust's Privacy Act 
regulations; Sec.  1007.2 (Records available) by adopting a policy of 
presumption of openness and the ``foreseeable harm'' standard; Sec.  
1007.3 (Requests for records) by providing a requester an opportunity 
to consult with the Trust's FOIA Officer to perfect a request and 
adding procedures to verify the requester's identity; Sec.  1007.4 
(Preliminary processing of requests) by specifying the date used for 
searching, adding consultation and referral procedures for requests of 
records of other departments and agencies, clarifying that consultation 
with submitters of commercial or financial information includes 
consultation with entities that are not individuals, and adding 
procedures to notify submitters and requesters of actions taken with 
respect to requests containing commercial or financial information; 
Sec.  1007.5 (Action on initial requests) by specifying decisions that 
constitute adverse determinations of requests, adding procedures for 
notifying requesters of dispute resolution services, and adding types 
of requests that would qualify for expedited processing; Sec.  1007.6 
(Time limits for processing initial requests) by adding procedures for 
a requester to modify a request when an extension of time is necessary 
to respond to a request, and adding procedures for notifying requesters 
of dispute resolution services; Sec.  1007.7 (Appeals) by changing the 
time period for requesters to file an administrative appeal from 20 
working days to 90 calendar days and requiring an appeal of an adverse 
determination before seeking a court order; Sec.  1007.8 (Action on 
appeals) by adding procedures for notifying requesters of dispute 
resolution services; and Sec.  1007.9 (Fees) by adding definitions for 
the terms ``direct costs'' and ``review'' and modifying the definition 
for ``representative of the news media.''
    This rule also revises Sec.  1007.9 to update the fees charged by 
the Trust for processing FOIA requests. The Trust previously published 
its fees on December 2, 1998 in its Interim Compendium. Under this 
final rule, the Trust's Executive Director will set fees for processing 
these requests and will publish the fees on the Trust's website instead 
of the Interim Compendium. With these changes, the fees previously 
listed in Sec.  1007.9 of the Interim Compendium will no longer be 
effective.

Revisions to 36 CFR Part 1008 (Requests Under the Privacy Act)

    The Trust adopted Privacy Act regulations effective January 29, 
1999. There has been little statutory change to the Privacy Act of 1974 
since the Trust adopted its Privacy Act regulations. However, this rule 
conforms its regulations to guidance issued by the Department of 
Justice and the Office of Management and Budget. Specifically, this 
rule revises Sec.  1008.2 (Definitions) by changing the definition of 
``individual''; Sec.  1008.9 (Disclosure of records) by adding 
procedures for notice of court-ordered and emergency disclosures; and 
Sec. Sec.  1008.11 (Request for notification of existence of records: 
Submission), 1008.14 (Requests for access to records: Submission), and 
1008.19 (Petitions for amendment: Submission and form) by adding 
procedures to verify the requester's identity.
    This rule also revises Sec.  1008.15 (Requests for access to 
records: Initial decision) to update the fees charged by the Trust for 
processing Privacy Act requests. The Trust previously published its 
fees on December 2, 1998 in its Interim Compendium. Under this final 
rule, the Trust's Executive Director will set fees for processing these 
requests and will publish the fees on the Trust's website instead of 
the Interim Compendium. With these changes, the fees previously listed 
in Sec.  1008.15 of the Interim Compendium will no longer be effective.

Revisions to 36 CFR Part 1009 (Administrative Claims Under the FTCA)

    The Trust adopted FTCA regulations effective January 29, 1999. This 
final rule revises Sec.  1009.4 (Payment of claims) by adding 
procedures the Trust uses to pay FTCA claims from its proceeds or 
revenues.

Revisions to 36 CFR Part 1011 (Debt Collection)

    The Trust adopted debt collection regulations effective January 12, 
2006. The Digital Accountability and Transparency Act of 2014 amended 
federal debt collection law to require

[[Page 50827]]

federal agencies to refer eligible delinquent debts to the Department 
of the Treasury for administrative offset after 120 days, rather than 
180 days. This final rule makes minor revisions to Sec. Sec.  1011.4 
(What notice will the Presidio Trust send to a debtor when collecting a 
debt?), 1011.9 (When will the Presidio Trust transfer a debt to the 
Financial Management Service for collection?), and 1011.10 (How will 
the Presidio Trust use administrative offset (offset of non-tax federal 
payments) to collect a debt?) to reflect this requirement.

Response to Comments

    On March 6, 2018, the Trust published a proposed rulemaking in the 
Federal Register (83 FR 9459) and requested comments over a 49-day 
period ending on April 24, 2018. The Trust received three comment 
submissions, and these submissions were considered in drafting this 
final rule, as follows:
    1. One comment suggested changing the word ``must'' to ``should'' 
in Sec.  1007.3(b)(1) when invoking the FOIA in a request for records. 
The Trust has made this revision.
    2. One comment suggested replacing the phrase ``To expedite 
processing'' with ``To facilitate handling'' in Sec.  1007.3(b)(5) and 
Sec.  1007.7(c)(3) to avoid confusion with the term of art ``expedited 
processing'' in Sec.  1007.5(g). The Trust has made these revisions.
    3. One comment suggested that for purposes of consulting with 
submitters of commercial or financial information, ``person'' in Sec.  
1007.4(c) should incorporate a wider range of entities, including 
corporations, states, and Native American tribes or nations. The Trust 
has revised this section to approximate the Department of Justice's 
template for agency FOIA regulations.
    4. One comment suggested striking ``[i]f neither a statute nor an 
Executive order requires withholding'' from Sec.  1007.5(f)(iii) 
addressing adverse determinations of document requests. The commenter 
wrote that the language could be read to indicate that there are 
reasons other than the exemptions identified in the FOIA statute itself 
for withholding, and that it is the FOIA exemption itself, not a 
statute or executive order standing alone, that provides the basis for 
withholding a document. The Trust has made this revision.
    5. One comment suggested adding in the Trust's notice to requesters 
under Sec.  1007.6(d) the availability of dispute resolution services 
offered by the Office of Government Information Services in the event 
unusual circumstances necessitate the extension of the time limit for 
processing initial requests beyond ten additional working days. The 
Trust has revised this section to approximate the Department of 
Justice's template for agency FOIA regulations.
    6. One comment suggested modifying Sec. Sec.  1007.8(c)(3) and 
1007.8(d)(1) with broader language to indicate that requesters may file 
a FOIA-related lawsuit against the Trust in venues other than the 
United States District Court for the Northern District of California. 
The Trust declines to make this revision. Section 104(h) of the 
Presidio Trust Act provides that ``[t]he District Court for the 
Northern District of California shall have exclusive jurisdiction over 
any suit filed against the Trust.''
    7. One comment suggested adding in the Trust's notice to appellants 
under Sec.  1007.8(c)(4) the availability of dispute resolution 
services offered by the Office of Government Information Services when 
the Trust cannot reach a determination on an appeal within the 
applicable time limit. The Trust has made this revision.
    8. One comment suggested adding in Sec.  1007.8(d)(1) language that 
if the Trust agrees to participate in the dispute resolution services 
offered by the Office of Government Information Services, the Trust 
will actively engage in the process in an attempt to resolve the 
dispute. The Trust has revised this section to approximate the 
Department of Justice's template for agency FOIA regulations.
    9. Two comments suggested revising the definition of 
``representative of the news media'' in Sec.  1007.9(a)(5)(vi) to make 
it consistent with the OPEN Act. The Trust has revised this section to 
approximate the Department of Justice's template for agency FOIA 
regulations.

Compliance With Laws and Executive Orders

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) 
will review all significant rules. This rule:
    (1) Will not have an effect of $100 million or more on the economy. 
It will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) Will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. The rule only 
affects administrative procedures of the Trust;
    (3) Does not alter the budgetary effects of entitlements, grants, 
user fees, or loan programs or the rights or obligations of their 
recipients; and
    (4) Does not raise novel legal or policy issues.
    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866. Accordingly, the ORIA has not 
reviewed this regulation. Executive Order 13563 reaffirms the 
principles of Executive Order 12866 while calling for improvements in 
the nation's regulatory system to promote predictability, to reduce 
uncertainty, and to use the best, most innovative, and least burdensome 
tools for achieving regulatory ends. The Executive order directs 
agencies to consider regulatory approaches that reduce burdens and 
maintain flexibility and freedom of choice for the public where these 
approaches are relevant, feasible, and consistent with regulatory 
objectives. Executive Order 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. The Trust has developed this rule in a manner consistent with 
these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    Executive Order 13771 requires an agency, unless prohibited by law, 
to identify at least two existing regulations to be repealed when the 
agency publicly proposes for notice and comment or otherwise 
promulgates a new rege:ulation. In furtherance of this requirement, 
section 2(c) of the Executive order requires that the new incremental 
costs associated with new regulations must, to the extent permitted by 
law, be offset by the elimination of existing costs associated with at 
least two prior regulations. The OMB's interim guidance issued on 
February 2, 2017 explains that the above requirements only apply to 
each new ``significant regulatory action that imposes costs.'' Further, 
see OMB's Memorandum M-17-21 titled ``Guidance Implementing Executive 
Order 13771, Titled `Reducing Regulation and Controlling Regulatory 
Costs''' (April 5, 2017). As this rule only relates to the Trust's 
administrative procedures, many of the revisions are statutorily 
required, and the rule is not a ``significant regulatory action,'' this 
final rule is exempt from the requirements of Executive Order 13771.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    This rule will not have a significant economic effect on a 
substantial number

[[Page 50828]]

of small entities within the meaning of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act. This rule: (a) Does not have an annual effect 
on the economy of $100 million or more; (b) will not cause a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; 
and (c) does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    This rule relates to internal administrative procedures and 
management of government function. It does not regulate external 
entities, impose any costs on them, or eliminate any procedures or 
functions that would result in a loss of employment or income on the 
part of the private sector.

Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local or tribal governments, or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
is not required. This rule produces no costs outside of the Federal 
government and does not create an additional burden on State, local, or 
tribal governments, or the private sector.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    This rule does not have sufficient federalism implications, as 
defined by section 1 of Executive Order 13132, to warrant the 
preparation of a federalism summary impact statement. This rule only 
affects use of Trust administered lands. It has no outside effects on 
other areas. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule: (a) Meets the criteria of section 3(a) 
requiring that all regulations be reviewed to eliminate errors and 
ambiguity and be written to minimize litigation; and (b) meets the 
criteria of section 3(b)(2) requiring that all regulations be written 
in clear language and contain clear legal standards.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Consultation With Indian Tribes (Executive Order 13175)

    This rule has no tribal implications or imposes substantial direct 
compliance costs on federally recognized Indian tribes. A tribal 
summary impact statement is not required.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain new collections of information that 
require approval by the OMB under the Paperwork Reduction Act. The rule 
does not impose new recordkeeping or reporting requirements on State, 
tribal, or local governments; individuals; businesses; or 
organizations.

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment under the National 
Environmental Policy Act (NEPA) and the Trust's NEPA regulations at 36 
CFR 1010.16. It is a modification of existing Trust regulations in 
order to make them clearer, more complete, and consistent with current 
Federal statutory law. Moreover, a detailed statement under the NEPA is 
not required because the rule is covered by a categorical exclusion. 
The Trust has determined that the rule is categorically excluded under 
36 CFR 1010.7(a)(10)(i) as it is a revision of Trust regulations that 
does not increase public use to the extent of compromising the nature 
and character of the Presidio Area B or of causing significant physical 
damage to it. Further, the rule will not result in the introduction of 
non-compatible uses, which might compromise the nature and 
characteristics of the Presidio Area B or cause significant physical 
damage to it. Finally, the rule will not conflict with adjacent 
ownerships or land uses or cause a significant nuisance to adjacent 
owners or occupants. The Trust has also determined that the rule does 
not involve any of the extraordinary circumstances listed in 36 CFR 
1010.7(b) that would require further analysis under the NEPA.

Clarity of the Regulations

    The Trust is required by Executive Orders 12866 (section 1(b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule the Trust publishes must: (a) Be 
logically organized; (b) use the active voice to address readers 
directly; (c) use common, everyday words and clear language rather than 
jargon; (d) be divided into short sections and sentences; and (e) use 
lists and tables wherever possible.

List of Subjects

36 CFR Part 1007

    Administrative practice and procedure, Archives and records, 
Freedom of information, National parks, Natural resources, Public 
lands, Records, Recreation and recreation areas.

36 CFR Part 1008

    Administrative practice and procedure, National parks, Natural 
resources, Personally identifiable information, Privacy, Public lands, 
Recreation and recreation areas.

36 CFR Part 1009

    Administrative practice and procedure, Claims, National parks, 
Natural resources, Public lands, Recreation and recreation areas, Tort 
claims.

36 CFR Part 1011

    Administrative practice and procedure, Claims, Credit, Debt 
collection, Government employees, National parks, Natural resources, 
Public lands, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wages.

    For the reasons set forth in the preamble, the Presidio Trust 
amends Chapter X of title 36 of the Code of Federal Regulations as 
follows:

PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 1007 continues to read as follows:

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 5 U.S.C. 552; E.O. 12,600, 52 FR 23781, 3 CFR 1988 Comp., p. 
235.

0
2. Revise Sec.  1007.1 to read as follows:


Sec.  1007.1   Purpose and scope.

    (a) This part contains the procedures for submission to and 
consideration by

[[Page 50829]]

the Presidio Trust of requests for records under the FOIA. As used in 
this part, the term ``FOIA'' means the Freedom of Information Act, 5 
U.S.C. 552. The regulations in this part should be read in conjunction 
with the text of the FOIA. Requests made by individuals for records 
about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are 
processed in accordance with the Presidio Trust's Privacy Act 
regulations as well as under this subpart.
    (b) Before invoking the formal procedures set out below, persons 
seeking records from the Presidio Trust may find it useful to consult 
with the Presidio Trust's FOIA Officer, who can be reached at The 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, 
Telephone: (415) 561-5300. As used in this part, the term ``FOIA 
Officer'' means the employee designated by the Executive Director to 
process FOIA requests and otherwise supervise the Presidio Trust's 
compliance with the FOIA, or the alternate employee so designated to 
perform these duties in the absence of the FOIA Officer.
    (c) The procedures in this part do not apply to:
    (1) Records published in the Federal Register, the Bylaws of the 
Presidio Trust, statements of policy and interpretations, and other 
materials that have been published by the Presidio Trust on its 
internet website (http://www.presidiotrust.gov) or are routinely made 
available for inspection and copying at the requester's expense.
    (2) Records or information compiled for law enforcement purposes 
and covered by the disclosure exemption described in Sec.  1007.2(c)(7) 
if:
    (i) The investigation or proceeding involves a possible violation 
of criminal law; and
    (ii) There is reason to believe that:
    (A) The subject of the investigation or proceeding is not aware of 
its pendency; and
    (B) Disclosure of the existence of the records could reasonably be 
expected to interfere with enforcement proceedings.
    (3) Informant records maintained by the United States Park Police 
under an informant's name or personal identifier, if requested by a 
third party according to the informant's name or personal identifier, 
unless the informant's status as an informant has been officially 
confirmed.

0
3. Revise Sec.  1007.2 to read as follows:


Sec.  1007.2   Records available.

    (a) Policy. It is the policy of the Presidio Trust to make its 
records available to the public to the greatest extent possible 
consistent with the purposes of the Presidio Trust Act and the FOIA. 
The Presidio Trust administers the FOIA with a presumption of openness. 
As a matter of policy, the Presidio Trust may make discretionary 
disclosures of records or information exempt from disclosure under the 
FOIA whenever disclosure would not foreseeably harm an interest 
protected by a FOIA exemption. This policy does not create any right 
enforceable in court.
    (b) Statutory disclosure requirement. The FOIA requires that the 
Presidio Trust, on a request from a member of the public submitted in 
accordance with the procedures in this part, make requested records 
available for inspection and copying.
    (c) Statutory exemptions. Exempted from the FOIA's statutory 
disclosure requirement are 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 
an agency;
    (3) Specifically exempted from disclosure by statute (other than 
the Privacy Act), 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 and privileged or confidential;
    (5) Inter-agency 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) 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;
    (ii) Would deprive a person of a right to a fair 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 a 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;
    (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.
    (d) Decisions on requests. It is the policy of the Presidio Trust 
to withhold information falling within an exemption only if:
    (1) Disclosure is prohibited by statute or Executive order; or
    (2) Sound grounds exist for invocation of the exemption.
    (e) Disclosure of reasonably segregable nonexempt material. If a 
requested record contains material covered by an exemption and material 
that is not exempt, and it is determined under the procedures in this 
part to withhold the exempt material, any reasonably segregable 
nonexempt material shall be separated from the exempt material and 
released. In such circumstances, the records disclosed in part shall be 
marked or annotated to show both the amount and the location of the 
information deleted wherever practicable.

0
4. Revise Sec.  1007.3 to read as follows:


Sec.  1007.3   Requests for records.

    (a) Submission of requests. A request to inspect or copy records 
shall be submitted to the Presidio Trust's FOIA Officer at P.O. Box 
29052, San Francisco, CA 94129-0052.
    (b) Form of perfected requests. (1) Requests under this part shall 
be in writing and should specifically invoke the FOIA.
    (2) A request must reasonably describe the records requested. A 
request reasonably describes the records requested if it will enable an 
employee of the Presidio Trust familiar with the subject area of the 
request to locate the record with a reasonable amount of effort. If 
such information is available,

[[Page 50830]]

the request should identify the subject matter of the record, the date 
when it was made, the place where it was made, the person or office 
that made it, the present custodian of the record, and any other 
information that will assist in locating the requested record. If the 
request involves a matter known by the requester to be in litigation, 
the request should also state the case name and court hearing the case. 
If after receiving a request the FOIA Officer determines that the 
request does not reasonably describe the records sought, the FOIA 
Officer will inform the requester what additional information is needed 
or why the request is otherwise insufficient. Requesters who are 
attempting to reformulate or modify such a request may discuss their 
request with the FOIA Officer. If a request does not reasonably 
describe the records sought, the Presidio Trust's response to the 
request may be delayed or an adverse determination under Sec.  
1007.5(e).
    (3)(i) A perfected request shall:
    (A) Specify the fee category (commercial use, educational 
institution, noncommercial scientific institution, news media, or 
other, as defined in Sec.  1007.9) in which the requester claims the 
request falls and the basis of this claim;
    (B) State the maximum amount of fees that the requester is willing 
to pay or include a request for a fee waiver; and
    (C) Provide contact information for the requester, such as phone 
number, email address and/or mailing address, to assist the Presidio 
Trust in communicating with them and providing released records.
    (ii) Requesters who make requests for records about themselves must 
verify their identity.
    (iii) Where a request for records pertains to another individual, a 
requester may receive greater access by submitting either a notarized 
authorization signed by that individual or a declaration made in 
compliance with the requirements set forth in 28 U.S.C. 1746 by that 
individual authorizing disclosure of the records to the requester, or 
by submitting proof that the individual is deceased (e.g., a copy of a 
death certificate or an obituary). As an exercise of administrative 
discretion, the Presidio Trust may require a requester to supply 
additional information if necessary in order to verify that a 
particular individual has consented to disclosure.
    (iv) Requesters are advised that, under Sec.  1007.9 (f), (g) and 
(h), the time for responding to requests may be delayed:
    (A) If a requester has not sufficiently identified the fee category 
applicable to the request;
    (B) If a requester has not stated a willingness to pay fees as high 
as anticipated by the Presidio Trust; or
    (C) If a fee waiver request is denied and the requester has not 
included an alternative statement of willingness to pay fees as high as 
anticipated by the Presidio Trust.
    (4) A request seeking a fee waiver shall, to the extent possible, 
address why the requester believes that the criteria for fee waivers 
set out in Sec.  1007.10 are met.
    (5) To facilitate handling, both the envelope containing a request 
and the face of the request should bear the legend ``FREEDOM OF 
INFORMATION REQUEST.''
    (c) Creation of records. A request may seek only records that are 
in existence at the time the request is received. A request may not 
seek records that come into existence after the date on which it is 
received and may not require that new records be created in response to 
the request by, for example, combining or compiling selected items from 
manual files, preparing a new computer program, or calculating 
proportions, percentages, frequency distributions, trends or 
comparisons. In those instances where the Presidio Trust determines 
that creating a new record will be less burdensome than disclosing 
large volumes of unassembled material, the Presidio Trust may, in its 
discretion, agree to creation of a new record as an alternative to 
disclosing existing records.

0
5. Revise Sec.  1007.4 to read as follows:


Sec.  1007.4   Preliminary processing of requests.

    (a) Scope of requests. Unless a request clearly specifies 
otherwise, requests to the Presidio Trust may be presumed to seek only 
records of the Presidio Trust in possession of the Presidio Trust at 
the time the Presidio Trust begins its search. If any other date is 
used, the Presidio Trust will inform the requester of that date. A 
record that is excluded from the requirements of the FOIA pursuant to 5 
U.S.C. 552(c) is not considered responsive to a request.
    (b) Records of other departments and agencies. (1) When reviewing 
records in response to a request, the Presidio Trust will determine 
whether another Federal department or agency is better able to 
determine whether the record is exempt from disclosure under the FOIA. 
As to any such record, the Presidio Trust will proceed in one of the 
following ways:
    (i) Consultation. When records originating with the Presidio Trust, 
but contain within them information of interest to another Federal 
department or agency, the Presidio Trust will consult with that other 
entity prior to making a release determination; or
    (ii) Referral. (A) When the Presidio Trust believes that another 
department or agency is best able to determine whether to disclose the 
record, the Presidio Trust will refer the responsibility for responding 
to the request regarding the record to that department or agency. 
Ordinarily, the department or agency that originated the record is 
presumed to be the best entity to make the disclosure determination. 
However, if the Presidio Trust and the originating department or agency 
jointly agree that the Presidio Trust is in the best position to 
respond to the request, then the record may be handled as a 
consultation.
    (B) If the Presidio Trust refers any part of the responsibility for 
responding to a request to another department or agency, the Presidio 
Trust will document the referral, maintain a copy of the record that it 
refers, and notify the requester of the referral, informing the 
requester of the name(s) of the department or agency to which the 
record was referred, including that entity's FOIA contact information.
    (2) Timing of responses to consultations and referrals. All 
consultations and referrals received by the Presidio Trust will be 
handled according to the date that the Presidio Trust received the 
perfected FOIA request.
    (3) A request for documents that were classified by another agency 
shall be referred to that agency.
    (c) 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 any person or 
entity, including a corporation, State, Native American tribe or 
nation, or foreign government, but not including another Federal 
Government entity, the Presidio Trust 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 Presidio Trust has reason to believe that disclosure of 
the information may result in commercial or financial injury to the 
submitter.
    (2) 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.
    (3) The notice to the submitter shall afford the submitter a 
reasonable period within which to provide a detailed statement of any 
objection to disclosure.

[[Page 50831]]

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.
    (4) A submitter who fails to respond within the time period 
specified in the notice will be deemed to have no objection to 
disclosure of the information. The Presidio Trust shall not be required 
to consider any information received from the submitter after the date 
of any disclosure decision. Any information provided by a submitter 
under this subpart may itself be subject to disclosure under the FOIA.
    (5) The Presidio Trust will notify the requester whenever it 
provides the submitter with notice and an opportunity to object to 
disclosure; whenever it notifies the submitter of its intent to 
disclose the requested information; and whenever a submitter files a 
lawsuit to prevent the disclosure of the information.
    (6) If a submitter's statement cannot be obtained within the time 
limit for processing the request under Sec.  1007.6, the requester 
shall be notified of the delay as provided in Sec.  1007.6(f).
    (7) Notification to a submitter is not required if:
    (i) The Presidio Trust 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 part);
    (iv) Disclosure is clearly prohibited by a statute, as described in 
Sec.  1007.2(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 Presidio Trust more than 
ten years prior to the date of the request, unless the Presidio Trust 
has reason to believe that it continues to be confidential.
    (8) If a requester brings suit to compel disclosure of information, 
the submitter of the information will be promptly notified.

0
6. Revise Sec.  1007.5 to read as follows:


Sec.  1007.5   Action on initial requests.

    (a) Authority. (1) Requests shall be decided by the FOIA Officer.
    (2) A decision to withhold a requested record, to release a record 
that is exempt from disclosure, or to deny a fee waiver shall be made 
only after consultation with the General Counsel.
    (b) Acknowledgement of requests. (1) The Presidio Trust shall send 
the requester a written acknowledgement of the receipt of the request, 
provide the requester with an individualized tracking number, and 
provide the requester with contact information for the FOIA Officer.
    (2) Requesters must include the individualized tracking number in 
all communications with the Presidio Trust regarding the request.
    (c) Estimated dates of completion and interim responses. Upon 
request, the Presidio Trust will provide an estimated date by which the 
Presidio Trust expects to provide a response to the requester. If a 
request involves a voluminous amount of material, or searches in 
multiple locations, the Presidio Trust may provide interim responses, 
releasing records on a rolling basis.
    (d) Form of grant. (1) When a requested record has been determined 
to be available, the FOIA Officer shall notify the requester as to when 
and where the record is available for inspection or, as the case may 
be, when and how copies will be provided. If fees are due, the FOIA 
Officer shall state the amount of fees due and the procedures for 
payment, as described in Sec.  1007.9.
    (2) The FOIA Officer shall honor a requester's specified preference 
of form or format of disclosure (e.g., paper, microform, audiovisual 
materials, or electronic records) if the record is readily available to 
the Presidio Trust in the requested form or format or if the record is 
reproducible by the Presidio Trust with reasonable efforts in the 
requested form or format.
    (3) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec.  1007.4(c), both the requester and the submitter shall be notified 
of the decision. The notice to the submitter (a copy of which shall be 
made available to the requester) shall be forwarded a reasonable number 
of days prior to the date on which disclosure is to be made and shall 
include:
    (i) A statement of the reasons why the submitter's objections were 
not sustained;
    (ii) A specification of the portions of the record to be disclosed, 
if the submitter's objections were sustained in part; and
    (iii) A specified disclosure date.
    (4) If a claim of confidentiality has been found frivolous in 
accordance with Sec.  1007.4(c)(7)(vi) and a determination is made to 
release the information without consultation with the submitter, the 
submitter of the information shall be notified of the decision and the 
reasons therefor a reasonable number of days prior to the date on which 
disclosure is to be made.
    (e) Adverse determinations of requests. Adverse determinations, or 
denials of requests, include decisions that:
    (1) The requester has not submitted a perfected request;
    (2) The requested record is exempt, in whole or in part;
    (3) The request does not reasonably describe the records sought;
    (4) The information is not a record subject to the FOIA;
    (5) The requested record does not exist, cannot be located, or has 
been destroyed; or
    (6) The requested record is not readily reproducible in the form or 
format sought by the requester. Adverse determinations also include 
denials involving fees or fee waivers or denials of requests for 
expedited processing.
    (f) Form of denial. (1) A decision withholding a requested record 
shall be in writing and shall include:
    (i) A list of the names and titles or positions of each person 
responsible for the denial;
    (ii) A reference to the specific exemption or exemptions 
authorizing the withholding;
    (iii) An estimate of the volume of records or information withheld, 
in number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption;
    (iv) A statement that the denial may be appealed and a reference to 
the procedures in Sec.  1007.7 for appeal; and
    (v) A statement notifying the requester of the dispute resolution 
services offered by the Office of Government Information Services.
    (2) A decision denying a request for failure to reasonably describe 
requested

[[Page 50832]]

records or for other procedural deficiency or because requested records 
cannot be located shall be in writing and shall include:
    (i) A description of the basis of the decision;
    (ii) A list of the names and titles or positions of each person 
responsible;
    (iii) A statement that the matter may be appealed and a reference 
to the procedures in Sec.  1007.7 for appeal; and
    (iv) A statement notifying the requester of the dispute resolution 
services offered by the Office of Government Information Services.
    (g) Expedited processing. (1) Requests and appeals will be taken 
out of order and given expedited treatment whenever it is determined by 
the FOIA Officer that they involve:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged 
Federal government activity, if made by a person primarily engaged in 
disseminating information;
    (iii) The loss of substantial due process rights; or
    (iv) A matter of widespread and exceptional media interest in which 
there exist possible questions about the government's integrity that 
affect public confidence.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that 
person's knowledge and belief, explaining in detail the basis for 
requesting expedited processing.
    (4) Within ten calendar days of receiving of a request for 
expedited processing, the FOIA Officer shall decide whether to grant 
the request for expedited processing and shall notify the requester of 
the decision. If a request for expedited processing is granted, the 
underlying FOIA request shall be given priority and shall be processed 
as soon as practicable. If a request for expedited processing is 
denied, any appeal of that decision shall be acted on expeditiously.

0
7. Revise Sec.  1007.6 to read as follows:


Sec.  1007.6   Time limits for processing initial requests.

    (a) Basic limit. Requests for records shall be processed promptly. 
A determination whether to grant or deny a request shall be made within 
20 working days after receipt of a request. This determination shall be 
communicated immediately to the requester.
    (b) Running of basic time limit. (1) The 20 working day time limit 
begins to run when a perfected request meeting the requirements of 
Sec.  1007.3(b) is received at the Presidio Trust.
    (2) The running of the basic time limit may be delayed or tolled as 
explained in Sec.  1007.9(f), (g) and (h) if a requester:
    (i) Has not stated a willingness to pay fees as high as are 
anticipated and has not sought and been granted a full fee waiver; or
    (ii) Has not made a required advance payment.
    (c) Extensions of time. In the following unusual circumstances, the 
time limit for acting on an initial request may be extended to the 
extent reasonably necessary to the proper processing of the request, 
but in no case may the time limit be extended by more than 20 working 
days:
    (1) The need to search for and collect the requested records from 
facilities or other establishments that are separate from the main 
office of the Presidio Trust;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records demanded in a single 
request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another department or agency having a 
substantial interest in the determination of the request.
    (d) Notice of extension. A requester shall be notified in writing 
of an extension under paragraph (c) of this section. The notice shall 
state the reason for the extension and the date on which a 
determination on the request is expected to be made. When the extension 
exceeds ten working days, the requester shall be provided with an 
opportunity to modify the request or arrange an alternative time period 
for processing the original or modified request. The requester shall 
also be notified of the dispute resolution services offered by the 
Office of Government Information Services.
    (e) Treatment of delay as denial. If no determination has been 
reached at the end of the 20 working day period for deciding an initial 
request, or an extension thereof under paragraph (c) of this section, 
the requester may deem the request denied and may exercise a right of 
appeal in accordance with Sec.  1007.7.
    (f) Notice of delay. When a determination cannot be reached within 
the time limit, or extension thereof, the requester shall be notified 
of the reason for the delay, of the date on which a determination may 
be expected, and of the right to treat the delay as a denial for 
purposes of appeal, including a reference to the procedures for filing 
an appeal in Sec.  1007.7.

0
8. Revise Sec.  1007.7 to read as follows:


Sec.  1007.7   Appeals.

    (a) Right of appeal. A requester may appeal to the Executive 
Director when:
    (1) Records have been withheld;
    (2) A request has been denied for failure to describe requested 
records or for other procedural deficiency or because requested records 
cannot be located;
    (3) A fee waiver has been denied;
    (4) A request has not been decided within the time limits provided 
in Sec.  1007.6; or
    (5) A request for expedited processing under Sec.  1007.5(g) has 
been denied.
    (b) Time for appeal. An appeal must be received at the office of 
the Presidio Trust no later than 90 calendar days after the date of the 
initial denial, in the case of a denial of an entire request, or 90 
calendar days after records have been made available, in the case of a 
partial denial.
    (c) Form of appeal. (1) An appeal shall be initiated by filing a 
written notice of appeal. The notice shall be accompanied by copies of 
the original request and the initial denial and should, in order to 
expedite the appellate process and give the requester an opportunity to 
present his or her arguments, contain a brief statement of the reasons 
why the requester believes the initial denial to have been in error.
    (2) The appeal shall be addressed to the Executive Director, The 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (3) To facilitate handling, both the envelope containing a notice 
of appeal and the face of the notice should bear the legend ``FREEDOM 
OF INFORMATION APPEAL.''
    (d) Appeal required. Before seeking review by a court of an adverse 
determination by the Presidio Trust, a requester must first submit a 
timely administrative appeal.

0
9. Revise Sec.  1007.8 to read as follows:


Sec.  1007.8   Action on appeals.

    (a) Authority. Appeals shall be decided by the Executive Director 
after consultation with the FOIA Officer and the General Counsel.
    (b) Time limit. A final determination shall be made within 20 
working days after receipt of an appeal meeting the requirements of 
Sec.  1007.7(c).
    (c) Extensions of time. (1) If the time limit for responding to the 
initial request for a record was not extended under the provisions of 
Sec.  1007.6(c) or was extended for fewer than ten

[[Page 50833]]

working days, the time for processing of the appeal may be extended to 
the extent reasonably necessary to the proper processing of the appeal, 
but in no event may the extension, when taken together with any 
extension made during processing of the initial request, result in an 
aggregate extension with respect to any one request of more than ten 
working days. The time for processing of an appeal may be extended only 
if one or more of the unusual circumstances listed in Sec.  1007.6(c) 
requires an extension.
    (2) The appellant shall be advised in writing of the reasons for 
the extension and the date on which a final determination on the appeal 
is expected to be dispatched.
    (3) If no determination on the appeal has been reached at the end 
of the 20 working day period, or the extension thereof, the requester 
is deemed to have exhausted administrative remedies, giving rise to a 
right of review in the United States District Court for the Northern 
District of California, as specified in 5 U.S.C. 552(a)(4).
    (4) When no determination can be reached within the applicable time 
limit, the appeal will nevertheless continue to be processed. On 
expiration of the time limit, the requester shall be informed of the 
reason for the delay, of the date on which a determination may be 
reached to be dispatched, of the dispute resolution services offered by 
the Office of Government Information Services, and of the right to seek 
judicial review.
    (5) An appeal ordinarily will not be adjudicated if the request 
becomes a matter of FOIA litigation.
    (d) Form of decision. (1) The final determination on an appeal 
shall be in writing and shall state the basis for the determination. If 
the determination is to release the requested records or portions 
thereof, the FOIA Officer shall immediately make the records available. 
If the determination upholds in whole or part the initial denial of a 
request for records, the determination shall advise the requester of 
the right to obtain judicial review in the U.S. District Court for the 
Northern District of California and shall set forth the names and 
titles or positions of each person responsible for the denial. The 
determination shall also inform the requester of the dispute resolution 
services offered by the Office of Government Information Services. 
Dispute resolution is a voluntary process. If the Presidio Trust agrees 
to participate in the dispute resolution services offered by the Office 
of Government Information Services, it will actively engage as a 
partner to the process in an attempt to resolve the dispute.
    (2) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec.  1007.4(c), the submitter shall be provided notice as described in 
Sec.  1007.5(b)(3).

0
10. Revise Sec.  1007.9 to read as follows:


Sec.  1007.9   Fees.

    (a) Policy. (1) Unless waived pursuant to the provisions of Sec.  
1007.10, fees for responding to FOIA requests shall be charged in 
accordance with the provisions of this section and the current schedule 
of charges determined by the Executive Director and published on the 
Presidio Trust's website. Such charges shall be set at the level 
necessary to recoup the full allowable direct costs to the Presidio 
Trust.
    (2) Fees shall not be charged if the total amount chargeable does 
not exceed the costs of routine collection and processing of the fee. 
The Presidio Trust shall periodically determine the cost of routine 
collection and processing of a fee and publish such amount on its 
website.
    (3) Where there is a reasonable basis to conclude that a requester 
or group of requesters acting in concert has divided a request into a 
series of requests on a single subject or related subjects to avoid 
assessment of fees, the requests may be aggregated and fees charged 
accordingly.
    (4) Fees shall be charged to recover the full costs of providing 
such services as certifying that records are true copies or sending 
records by a method other than regular mail, when the Presidio Trust 
elects to provide such services.
    (5) The following definitions shall apply to this part:
    (i) A commercial use request is a request from or on behalf of a 
person who seeks information for a use or purpose that furthers the 
commercial, trade or profit interests of the requester or the person on 
whose behalf the request is made, which can include furthering those 
interest through litigation. The intended use of records may be 
determined on the basis of information submitted by a requester and 
from reasonable inferences based on the identity of the requester and 
any other available information.
    (ii) The term direct costs refers to those expenses the Presidio 
Trust incurs in searching for and duplicating (and, in the case of 
commercial use requests, reviewing) records in order to respond to a 
FOIA request. For example, direct costs include the salary of the 
employee performing the work (i.e., the basic rate of pay for the 
employee, plus 16 percent of that rate to cover benefits) and the cost 
of operating computers and other electronic equipment, such as 
photocopiers and scanners. Direct costs do not include overhead 
expenses such as the costs of space, and of heating or lighting a 
facility.
    (iii) The term duplication refers to the process of making a copy 
of a record necessary to respond to a FOIA request. Such copies can 
take the form of paper copy, microform, audio-visual materials, or 
machine-readable documentation (e.g., magnetic tape or disk), among 
others. The copy provided shall be in a form that is reasonably usable 
by requesters.
    (iv) An educational institution is a preschool, a public or private 
elementary or secondary school, an institution of graduate higher 
education, an institution of undergraduate higher education, an 
institution of professional education, or an institution of vocational 
education, which operates a program or programs of scholarly research.
    (v) A noncommercial scientific institution is an institution that 
is not operated for commerce, trade or profit and that is operated 
solely for the purpose of conducting scientific research the results of 
which are not intended to promote any particular product or industry.
    (vi) A representative of the news media is any person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience. The term 
``news'' means information that is about current events or that would 
be of current interest to the public. Non-exhaustive examples of news 
media entities include television or radio stations that broadcast 
``news'' to the public at large and publishers of periodicals that 
disseminate ``news'' and make their products available through a 
variety of means to the general public, including news organizations 
that disseminate solely on the internet. A request for records 
supporting the news-dissemination function of the requester will not be 
considered to be for a commercial use. ``Freelance'' journalists who 
demonstrate a solid basis for expecting publication through a news 
media entity will be considered as a representative of the news media. 
A publishing contract would provide the clearest evidence that 
publication is expected; however, the Presidio Trust can also consider 
a requester's past publication record in making this determination. The 
Presidio Trust will

[[Page 50834]]

advise requesters of their placement in this category.
    (vii) The term review refers to the examination of a record located 
in response to a request in order to determine whether any portion of 
it is exempt from disclosure. Review time includes processing any 
record for disclosure, such as doing all that is necessary to prepare 
the record for disclosure, including the process of redacting the 
record and marking the appropriate exemptions. Review costs are 
properly charged even if a record ultimately is not disclosed. Review 
time also includes time spent both obtaining and considering any formal 
objection to disclosure under Sec.  1007.4(c) made by a submitter of 
confidential commercial information, but it does not include time spent 
resolving general legal or policy issues regarding the application of 
exemptions.
    (viii) The term search includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material within documents, databases and information 
in other electronic records. Searches shall be undertaken in the most 
efficient and least expensive manner possible, consistent with the 
Presidio Trust's obligations under the FOIA and other applicable laws.
    (b) Commercial use requests. (1) A requester seeking records for 
commercial use shall be charged fees for direct costs incurred in 
document search and review (even if the search and review fails to 
locate records that are not exempt from disclosure) and duplication.
    (2) A commercial use requester may not be charged fees for time 
spent resolving legal and policy issues affecting access to requested 
records.
    (c) Educational and noncommercial scientific institution requests. 
(1) A requester seeking records under the auspices of an educational 
institution in furtherance of scholarly research or a noncommercial 
scientific institution in furtherance of scientific research shall be 
charged for document duplication, except that the first 100 pages of 
paper copies (or the equivalent cost thereof if the records are in some 
other form) shall be provided without charge.
    (2) Such requesters may not be charged fees for costs incurred in:
    (i) Searching for requested records;
    (ii) Examining requested records to determine whether they are 
exempt from mandatory disclosure;
    (iii) Deleting reasonably segregable exempt matter;
    (iv) Monitoring the requester's inspection of agency records; or
    (v) Resolving legal and policy issues affecting access to requested 
records.
    (d) News media requests. (1) A representative of the news media 
shall be charged for document duplication, except that the first 100 
pages of paper copies (or the equivalent cost thereof if the records 
are in some other form) shall be provided without charge.
    (2) Representatives of the news media may not be charged fees for 
costs incurred in:
    (i) Searching for requested records;
    (ii) Examining requested records to determine whether they are 
exempt from mandatory disclosure;
    (iii) Deleting reasonably segregable exempt matter;
    (iv) Monitoring the requester's inspection of agency records; or
    (v) Resolving legal and policy issues affecting access to requested 
records.
    (e) Other requests. (1) A requester not covered by paragraphs (b), 
(c), or (d) of this section shall be charged fees for the direct costs 
for document search (even if the search fails to locate records that 
are not exempt from disclosure) and duplication, except that the first 
two hours of search time and the first 100 pages of paper copies (or 
the equivalent cost thereof if the records are in some other form) 
shall be provided without charge.
    (2) Such requesters may not be charged for costs incurred in:
    (i) Examining requested records to determine whether they are 
exempt from disclosure;
    (ii) Deleting reasonably segregable exempt matter;
    (iii) Monitoring the requester's inspection of agency records; or
    (iv) Resolving legal and policy issues affecting access to 
requested records.
    (f) Requests for clarification. Where a request does not provide 
sufficient information to determine whether it is covered by paragraph 
(b), (c), (d), or (e) of this section, the requester should be asked to 
provide additional clarification. If it is necessary to seek such 
clarification, the request may be deemed to have not been received for 
purposes of the time limits established in Sec.  1007.6 until the 
clarification is received. Requests to requesters for clarification 
shall be made promptly.
    (g) Notice of anticipated fees. Where a request does not state a 
willingness to pay fees as high as anticipated by the Presidio Trust, 
and the requester has not sought and been granted a full waiver of fees 
under Sec.  1007.10, the request may be deemed to have not been 
received for purposes of the time limits established in Sec.  1007.6 
until the requester has been notified of and agrees to pay the 
anticipated fee. Advice to requesters with respect to anticipated fees 
shall be provided promptly.
    (h) Advance payment. (1) Where it is anticipated that allowable 
fees are likely to exceed $250.00, the requester may be required to 
make an advance payment of the entire fee before processing of his or 
her request.
    (2) Where a requester has previously failed to pay a fee within 30 
days of the date of billing, processing of any request from that 
requester shall ordinarily be suspended until the requester pays any 
amount still owed, including applicable interest, and makes advance 
payment of allowable fees anticipated in connection with the request.
    (3) Advance payment of fees may not be required except as described 
in paragraphs (h) (1) and (2) of this section.
    (4) Issuance of a notice requiring payment of overdue fees or 
advance payment shall toll the time limit in Sec.  1007.6 until receipt 
of payment.
    (i) Form of payment. Payment of fees should be made by check or 
money order payable to the Presidio Trust. Where appropriate, the 
official responsible for handling a request may require that payment by 
check be made in the form of a certified check.
    (j) Billing procedures. A bill for collection shall be prepared for 
each request that requires collection of fees.
    (k) Collection of fees. The bill for collection or an accompanying 
letter to the requester shall include a statement that interest will be 
charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 
3717, and implementing regulations, 4 CFR 102.13, if the fees are not 
paid within 30 days of the date of the bill for collection is mailed or 
hand-delivered to the requester. This requirement does not apply if the 
requester is a unit of State or local government. Other authorities of 
the Debt Collection Act of 1982 shall be used, as appropriate, to 
collect the fees.

PART 1008--REQUESTS UNDER THE PRIVACY ACT

0
11. The authority citation for part 1008 continues to read as follows:

    Authority:  Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 5 U.S.C. 552a.

0
12. Amend Sec.  1008.2 to revise the definition of individual to read 
as follows:


Sec.  1008.2   Definitions.

* * * * *
    Individual means a citizen of the United States or an alien who is 
currently lawfully admitted for permanent residence.
* * * * *

[[Page 50835]]


0
13. Revise Sec.  1008.9 to read as follows:


Sec.  1008.9   Disclosure of records.

    (a) Prohibition of disclosure. No record contained in a system of 
records may be disclosed by any means of communication to any person, 
or to another agency, except pursuant to a written request by, or with 
the prior written consent of, the individual to whom the record 
pertains.
    (b) General exceptions. The prohibition contained in paragraph (a) 
of this section does not apply where disclosure of the record would be:
    (1) To those officers or employees of the Presidio Trust who have a 
need for the record in the performance of their duties; or
    (2) Required by the Freedom of Information Act, 5 U.S.C. 552.
    (c) Specific exceptions. The prohibition contained in paragraph (a) 
of this section does not apply where disclosure of the record would be:
    (1) For a routine use which has been described in a system notice 
published in the Federal Register;
    (2) To the Bureau of the Census for purposes of planning or 
carrying out a census or survey or related activity pursuant to the 
provisions of Title 13, U.S. Code;
    (3) To a recipient who has provided the system manager responsible 
for the system in which the record is maintained with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (4) To the National Archives and Records Administration as a record 
which has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the Archivist 
of the United States or the designee of the Archivist to determine 
whether the record has such value;
    (5) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is 
authorized by law, and if the head of the agency or instrumentality has 
made a written request to the Presidio Trust specifying the particular 
portion desired and the law enforcement activity for which the record 
is sought;
    (6) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (7) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (8) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office;
    (9) Pursuant to the order of a court of competent jurisdiction; or
    (10) To a consumer reporting agency in accordance with section 3(d) 
of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 
3711(e)).
    (d) Reviewing records prior to disclosure. (1) Prior to any 
disclosure of a record about an individual, unless disclosure is 
required by the Freedom of Information Act, reasonable efforts shall be 
made to ensure that the records are accurate, complete, timely and 
relevant for agency purposes.
    (2) When a record is disclosed in connection with a Freedom of 
Information Act request made under this part and it is appropriate and 
administratively feasible to do so, the requester shall be informed of 
any information known to the Presidio Trust indicating that the record 
may not be fully accurate, complete, or timely.
    (e) Notice of court-ordered and emergency disclosures. (1) Court-
ordered disclosures. When a record pertaining to an individual is 
required to be disclosed by a court order, the Presidio Trust will make 
reasonable efforts to provide notice of this to the individual. Notice 
will be given within a reasonable time after the Presidio Trust's 
receipt of the order--except that in a case in which the order is not a 
matter of public record, the notice will be given only after the order 
becomes public. This notice will be mailed to the individual's last 
known address and will contain a copy of the order and a description of 
the information disclosed. Notice will not be given if disclosure is 
made from a criminal law enforcement system of records that has been 
exempted from the notice requirement.
    (2) Emergency disclosures. Upon disclosing a record pertaining to 
an individual made under compelling circumstances affecting health or 
safety, the Presidio Trust will notify that individual of the 
disclosure. This notice will be mailed to the individual's last known 
address and will state the nature of the information disclosed, the 
person, organization or agency to which it was disclosed, the date of 
the disclosure, and the compelling circumstances justifying the 
disclosure.

0
14. Revise Sec.  1008.10 to read as follows:


Sec.  1008.10   Accounting for disclosures.

    (a) Maintenance of an accounting. (1) Where a record is disclosed 
to any person, or to another agency, under any of the specific 
exceptions provided by Sec.  1008.9(c), an accounting shall be made.
    (2) The accounting shall record:
    (i) The date, nature, and purpose of each disclosure of a record to 
any person or to another agency; and
    (ii) The name and address of the person or agency to whom the 
disclosure was made.
    (3) Accountings prepared under this section shall be maintained for 
at least five years or the life of the record, whichever is longer, 
after the disclosure for which the accounting is made.
    (b) Access to accountings. (1) Except for accountings of 
disclosures made under Sec.  1008.9(b) or 1008.9(c)(5), accountings of 
all disclosures of a record shall be made available to the individual 
to whom the record relates at the individual's request.
    (2) An individual desiring access to an accounting of disclosures 
of a record pertaining to the individual shall submit a request by 
following the procedures of Sec.  1008.13.
    (c) Notification of disclosure. When a record is disclosed pursuant 
to Sec.  1008.9(c)(9) as the result of the order of a court of 
competent jurisdiction, reasonable efforts shall be made to notify the 
individual to whom the record pertains as soon as the order becomes a 
matter of public record.

0
15. Revise Sec.  1008.11 to read as follows:


Sec.  1008.11   Request for notification of existence of records: 
Submission.

    (a) Submission of requests. (1) Individuals desiring to determine 
under the Privacy Act whether a system of records contains records 
pertaining to them shall address inquiries to the Privacy Act Officer, 
The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, 
unless the system notice describing the system prescribes or permits 
submission to some other official or officials.
    (2) Individuals desiring to determine whether records pertaining to 
them are maintained in two or more systems shall make a separate 
inquiry concerning each system.
    (b) Form of request. (1) An inquiry to determine whether a system 
of records contains records pertaining to an individual shall be in 
writing.
    (2) To expedite processing, both the envelope containing a request 
and the

[[Page 50836]]

face of the request should bear the legend ``PRIVACY ACT INQUIRY.''
    (3) The request shall state that the individual is seeking 
information concerning records pertaining to him or herself and shall 
supply such additional identifying information, if any, as is called 
for in the system notice describing the system.
    (4) The request must include verification of the requester's 
identity, including the requester's full name, current address, and 
date and place of birth. The request must be signed by the requester, 
and the signature must be notarized or submitted under 28 U.S.C. 1746, 
which permits statements to be made under penalty of perjury as a 
substitute for notarization.
    (5) If the request is made on behalf of a minor or someone 
determined by a court to be incompetent, for access to records about 
that individual, the requester must establish:
    (i) The identity of the individual who is the subject of the 
record, by stating the name, current address, date and place of birth, 
and, at the requester's option, the Social Security number of the 
individual;
    (ii) The requester's identity, as required in paragraph 4 above of 
this section;
    (iii) That the requester is the parent or guardian of that 
individual, which the requester may prove by providing a copy of the 
individual's birth certificate showing the requester's parentage or by 
providing a court order establishing the requester's guardianship; and
    (iv) That the requester is acting on behalf of that individual in 
making the request.
    (6) Individuals who have reason to believe that information 
pertaining to them may be filed under a name other than the name they 
are currently using (e.g., maiden name), shall include such information 
in the request.

0
16. Revise Sec.  1008.14 to read as follows:


Sec.  1008.14   Requests for access to records: Submission.

    (a) Submission of requests. (1) Requests for access to records 
shall be submitted to the Privacy Act Officer unless the system notice 
describing the system prescribes or permits submission to some other 
official or officials.
    (2) Individuals desiring access to records maintained in two or 
more separate systems shall submit a separate request for access to the 
records in each system.
    (b) Form of request. (1) A request for access to records subject to 
the Privacy Act shall be in writing and addressed to Privacy Act 
Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-
0052.
    (2) To expedite processing, both the envelope containing a request 
and the face of the request should bear the legend ``PRIVACY ACT 
REQUEST FOR ACCESS.''
    (3) Requesters shall specify whether they seek all of the records 
contained in the system which relate to them or only some portion 
thereof. If only a portion of the records which relate to the 
individual are sought, the request shall reasonably describe the 
specific record or records sought.
    (4) If the requester seeks to have copies of the requested records 
made, the request shall state the maximum amount of copying fees which 
the requester is willing to pay. A request which does not state the 
amount of fees the requester is willing to pay will be treated as a 
request to inspect the requested records. Requesters are further 
notified that under Sec.  1008.15(d) the failure to state willingness 
to pay fees as high as are anticipated by the Presidio Trust will delay 
processing of a request.
    (5) The request shall supply such identifying information, if any, 
as is called for in the system notice describing the system.
    (6) The request must include verification of the requester's 
identity, including the requester's full name, current address, and 
date and place of birth. The request must be signed by the requester, 
and the signature must be notarized or submitted under 28 U.S.C. 1746, 
which permits statements to be made under penalty of perjury as a 
substitute for notarization.
    (7) If the request is made on behalf of a minor or someone 
determined by a court to be incompetent, for access to records about 
that individual, the requester must establish:
    (i) The identity of the individual who is the subject of the 
record, by stating the name, current address, date and place of birth, 
and, at the requester's option, the Social Security number of the 
individual;
    (ii) The requester's identity, as required in paragraph 6 above of 
this section;
    (iii) That the requester is the parent or guardian of that 
individual, which the requester may prove by providing a copy of the 
individual's birth certificate showing the requester's parentage or by 
providing a court order establishing the requester's guardianship; and
    (iv) That the requester is acting on behalf of that individual in 
making the request.
    (8) Requests failing to meet the requirements of this paragraph 
shall be returned to the requester with a written notice advising the 
requester of the deficiency in the request.

0
17. Revise Sec.  1008.15 to read as follows:


Sec.  1008.15   Requests for access to records: Initial decision.

    (a) Acknowledgements of requests. Upon receipt of a request, the 
Presidio Trust ordinarily will send an acknowledgement letter to the 
requester which will confirm the requester's agreement to pay fees and 
will provide an assigned request number for further reference.
    (b) Decisions on requests. A request made under this part for 
access to a record shall be granted promptly unless the record:
    (1) Was compiled in reasonable anticipation of a civil action or 
proceeding; or
    (2) Is contained in a system of records which has been excepted 
from the access provisions of the Privacy Act by rulemaking.
    (c) Authority to deny requests. A decision to deny a request for 
access under this part shall be made by the Privacy Act Officer in 
consultation with the General Counsel.
    (d) Form of decision. (1) No particular form is required for a 
decision granting access to a record. The decision shall, however, 
advise the individual requesting the record as to where and when the 
record is available for inspection or, as the case may be, where and 
when copies will be available. If fees are due under Sec.  1008.15(e), 
the individual requesting the record shall also be notified of the 
amount of fees due or, if the exact amount has not been determined, the 
approximate amount of fees due.
    (2) A decision denying a request for access, in whole or part, 
shall be in writing and shall:
    (i) State the basis for denial of the request;
    (ii) Contain a statement that the denial may be appealed to the 
Executive Director pursuant to Sec.  1008.16 by writing to the 
Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco, 
CA 94129-0052; and
    (iii) State that the appeal must be received by the foregoing 
official within 20 working days of the date of the decision.
    (3) If the decision denying a request for access involves records 
which fall under the jurisdiction of another agency, the individual 
shall be informed in a written response which shall:
    (i) State the reasons for the denial;

[[Page 50837]]

    (ii) Include the name, position title, and address of the official 
responsible for the denial; and
    (iii) Advise the individual that an appeal of the declination may 
be made only to the appropriate official of the relevant agency, and 
include that official's name, position title, and address.
    (4) Copies of decisions denying requests for access made pursuant 
to paragraphs (d)(2) and (d)(3) of this section will be provided to the 
Privacy Act Officer.
    (e) Fees. (1) No fees may be charged for the cost of searching for 
or reviewing a record in response to a request made under Sec.  
1008.14.
    (2) Unless the Privacy Act Officer determines that reduction or 
waiver of fees is appropriate, fees for copying a record in response to 
a request made under Sec.  1008.14 shall be charged in accordance with 
the provisions of this section and the current schedule of charges 
determined by the Executive Director and published on the Trust's 
website. Such charges shall be set at the level necessary to recoup the 
full allowable direct costs to the Trust.
    (3) Where it is anticipated that fees chargeable in connection with 
a request will exceed the amount the person submitting the request has 
indicated a willingness to pay, the Privacy Act Officer shall notify 
the requester and shall not complete processing of the request until 
the requester has agreed, in writing, to pay fees as high as are 
anticipated.

0
18. Revise Sec.  1008.18 to read as follows:


Sec.  1008.18   Amendment of records.

    The Privacy Act permits individuals to request amendment of records 
pertaining to them contained in a system of records if they believe the 
records are not accurate, relevant, timely or complete. 5 U.S.C. 
552a(d)(2). A request for amendment of a record shall be submitted in 
accordance with the procedures in this part.

0
19. Revise Sec.  1008.19 to read as follows:


Sec.  1008.19   Petitions for amendment: Submission and form.

    (a) Submission of petitions for amendment. (1) A request for 
amendment of a record shall be submitted to the Privacy Act Officer 
unless the system notice describing the system prescribes or permits 
submission to a different official or officials. If an individual 
wishes to request amendment of records located in more than one system, 
a separate petition must be submitted with respect to each system.
    (2) A petition for amendment of a record may be submitted only if 
the individual submitting the petition has previously requested and 
been granted access to the record and has inspected or been given a 
copy of the record.
    (b) Form of petition. (1) A petition for amendment shall be in 
writing, shall specifically identify the record for which amendment is 
sought, and shall be addressed to the Privacy Act Officer, The Presidio 
Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (2) To expedite processing, both the envelope containing a petition 
and the face of the petition should bear the legend ``PRIVACY ACT 
PETITION FOR AMENDMENT.''
    (3) The petition shall state, in detail, the reasons why the 
petitioner believes the record, or the objectionable portion thereof, 
is not accurate, relevant, timely or complete. Copies of documents or 
evidence relied upon in support of these reasons shall be submitted 
with the petition.
    (4) The petition shall state, specifically and in detail, the 
changes sought in the record. If the changes involve rewriting the 
record or portions thereof or involve adding new language to the 
record, the petition shall propose specific language to implement the 
changes.
    (5) The petition must include verification of the petitioner's 
identity, including the petitioner's full name, current address, and 
date and place of birth. The petition must be signed by the petitioner, 
and the signature must be notarized or submitted under 28 U.S.C. 1746, 
which permits statements to be made under penalty of perjury as a 
substitute for notarization.
    (6) If the petition is made on behalf of a minor or someone 
determined by a court to be incompetent, for access to records about 
that individual, the petitioner must establish:
    (i) The identity of the individual who is the subject of the 
record, by stating the name, current address, date and place of birth, 
and, at the petitioner's option, the Social Security number of the 
individual;
    (ii) The petitioner's identity, as required in paragraph 5 above of 
this section;
    (iii) That the petitioner is the parent or guardian of that 
individual, which the petitioner may prove by providing a copy of the 
individual's birth certificate showing the petitioner's parentage or by 
providing a court order establishing the petitioner's guardianship; and
    (iv) That the petitioner is acting on behalf of that individual in 
making the request.
    (7) Petitions failing to meet the requirements of this paragraph 
shall be returned to the petitioner with a written notice advising the 
petitioner of the deficiency in the petition.

PART 1009--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT

0
20. The authority citation for part 1009 continues to read as follows:

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 28 U.S.C. 2672.


0
21. Revise Sec.  1009.1 to read as follows:


Sec.  1009.1   Purpose.

    The purpose of this part is to establish procedures for the filing 
and settlement of claims under the Federal Tort Claims Act (in part, 28 
U.S.C. secs. 2401(b), 2671-2680, as amended). The officers to whom 
authority is delegated to settle tort claims shall follow and be guided 
by the regulations issued by the Attorney General prescribing standards 
and procedures for settlement of tort claims (28 CFR part 14).

0
22. Revise Sec.  1009.4 to read as follows:


Sec.  1009.4   Payment of claims.

    (a) In making an award from proceeds or revenues of the Presidio 
Trust, the Presidio Trust will process payment using an agreement 
signed by the claimant and the Executive Director, or his or her 
designee. In making an award from proceeds or revenues not provided for 
by the Presidio Trust, the Presidio Trust will process payment as 
prescribed by 28 CFR 14.10.
    (b) Prior to payment, appropriate releases shall be obtained as 
provided in 28 CFR 14.10.
    (c) Any award, compromise, or settlement in excess of $25,000 shall 
be effected only with the prior written approval of the Attorney 
General or his or her designee.

PART 1011--DEBT COLLECTION

0
23. The authority citation for part 1011 continues to read as follows:

    Authority:  16 U.S.C. 460bb appendix, as amended.


0
24. Revise Sec.  1011.4(a)(7) to read as follows:


Sec.  1011.4   What notice will the Presidio Trust send to a debtor 
when collecting a debt?

    (a) * * *
    (7) The following timelines for the referral of a delinquent debt 
to the FMS:

[[Page 50838]]

    (i) That debts over 120 days delinquent and eligible for the 
centralized administrative offset collection actions described in 
paragraph (a)(6)(i) of this section must be referred to the FMS for 
collection (see Sec. Sec.  1011.10 through 1011.12);
    (ii) That debts over 180 days delinquent not previously referred to 
the FMS under paragraph (a)(7)(i) of this section must be referred to 
the FMS for cross servicing debt collection (see Sec.  1011.9).
* * * * *

0
25. Revise Sec.  1011.9(a) to read as follows:


Sec.  1011.9   When will the Presidio Trust transfer a debt to the 
Financial Management Service for collection?

    (a) Cross-servicing. Unless a delinquent debt has previously been 
transferred to the FMS for administrative offset in accordance with 
Sec.  1011.10, the Presidio Trust will transfer any eligible debt that 
is more than 180 days delinquent to the FMS for debt collection 
services, a process known as ``cross-servicing.'' The Presidio Trust 
may transfer debts delinquent 180 days or less to the FMS in accordance 
with the procedures described in 31 CFR 285.12. The FMS takes 
appropriate action to collect or compromise the transferred debt, or to 
suspend or terminate collection action thereon, in accordance with the 
statutory and regulatory requirements and authorities applicable to the 
debt and the collection action to be taken. Appropriate action 
includes, without limitation, contact with the debtor, referral of the 
debt to the Treasury Offset Program, private collection agencies or the 
Department of Justice, reporting of the debt to credit bureaus, and 
administrative wage garnishment.
* * * * *

0
26. Revise Sec.  1011.10(a)(1) to read as follows:


Sec.  1011.10   How will the Presidio Trust use administrative offset 
(offset of non-tax federal payments) to collect a debt?

    (a) Centralized administrative offset through the Treasury Offset 
Program. (1) The Presidio Trust will refer any eligible debt over 120 
days delinquent to the Treasury Offset Program for collection by 
centralized administrative offset. The Presidio Trust may refer any 
eligible debt less than 120 days delinquent to the Treasury Offset 
Program for offset.
* * * * *

    Dated: October 3, 2018.
Nancy J. Koch,
General Counsel.
[FR Doc. 2018-21969 Filed 10-9-18; 8:45 am]
 BILLING CODE 4310-4R-P



                                             50826            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             and FAHs that are publicly available are                 Government Act of 2007 (OPEN Act),                    previously published its fees on
                                             located on the Department’s public                       among other things, provided a statutory              December 2, 1998 in its Interim
                                             website, at https://fam.state.gov/.                      definition of a ‘‘representative of the               Compendium. Under this final rule, the
                                                Dated: September 26, 2018.                            news media’’ on September 14, 2007.                   Trust’s Executive Director will set fees
                                             Alicia A. Frechette,                                     The FOIA Improvement Act of 2016                      for processing these requests and will
                                                                                                      (FOIA Act) amended the FOIA on June                   publish the fees on the Trust’s website
                                             Executive Director, Office of the Legal Adviser
                                             and Bureau of Legislative Affairs, Department            30, 2016. The Trust’s final rule                      instead of the Interim Compendium.
                                             of State.                                                conforms its regulations to the                       With these changes, the fees previously
                                             [FR Doc. 2018–22011 Filed 10–9–18; 8:45 am]              definition of a ‘‘representative of the               listed in § 1007.9 of the Interim
                                                                                                      news media’’ in the OPEN Act and                      Compendium will no longer be
                                             BILLING CODE 4710–10–P
                                                                                                      conforms its regulations to the FOIA                  effective.
                                                                                                      Act, as well as to the Department of                  Revisions to 36 CFR Part 1008
                                                                                                      Justice’s revised FOIA regulations.                   (Requests Under the Privacy Act)
                                             PRESIDIO TRUST
                                                                                                      Specifically, this rule revises § 1007.1
                                                                                                      (Purpose and scope) by adding                            The Trust adopted Privacy Act
                                             36 CFR Parts 1007, 1008, 1009 and                                                                              regulations effective January 29, 1999.
                                             1011                                                     references to the text of FOIA and the
                                                                                                      Trust’s Privacy Act regulations; § 1007.2             There has been little statutory change to
                                             RIN 3212–AA08; 3212–AA09; 3212–AA10;                     (Records available) by adopting a policy              the Privacy Act of 1974 since the Trust
                                             3212–AA11                                                                                                      adopted its Privacy Act regulations.
                                                                                                      of presumption of openness and the
                                                                                                      ‘‘foreseeable harm’’ standard; § 1007.3               However, this rule conforms its
                                             Freedom of Information Act; Privacy                                                                            regulations to guidance issued by the
                                             Act; Federal Tort Claims Act; Debt                       (Requests for records) by providing a
                                                                                                      requester an opportunity to consult with              Department of Justice and the Office of
                                             Collection Regulations                                                                                         Management and Budget. Specifically,
                                                                                                      the Trust’s FOIA Officer to perfect a
                                             AGENCY:    Presidio Trust.                               request and adding procedures to verify               this rule revises § 1008.2 (Definitions)
                                             ACTION:   Final rule.                                    the requester’s identity; § 1007.4                    by changing the definition of
                                                                                                      (Preliminary processing of requests) by               ‘‘individual’’; § 1008.9 (Disclosure of
                                             SUMMARY:   This final rule revises                       specifying the date used for searching,               records) by adding procedures for notice
                                             Presidio Trust (Trust) regulations                       adding consultation and referral                      of court-ordered and emergency
                                             addressing requests under the Freedom                    procedures for requests of records of                 disclosures; and §§ 1008.11 (Request for
                                             of Information Act (FOIA), requests                                                                            notification of existence of records:
                                                                                                      other departments and agencies,
                                             under the Privacy Act, administrative                                                                          Submission), 1008.14 (Requests for
                                                                                                      clarifying that consultation with
                                             claims under the Federal Tort Claims                                                                           access to records: Submission), and
                                                                                                      submitters of commercial or financial
                                             Act (FTCA), and Debt Collection. The                                                                           1008.19 (Petitions for amendment:
                                                                                                      information includes consultation with
                                             Trust is revising these regulations to                                                                         Submission and form) by adding
                                                                                                      entities that are not individuals, and
                                             update, clarify and streamline the                                                                             procedures to verify the requester’s
                                                                                                      adding procedures to notify submitters
                                             language of several procedural                                                                                 identity.
                                                                                                      and requesters of actions taken with
                                             provisions, and to incorporate                                                                                    This rule also revises § 1008.15
                                                                                                      respect to requests containing
                                             amendments pursuant to the OPEN                                                                                (Requests for access to records: Initial
                                                                                                      commercial or financial information;
                                             Government Act of 2007, the FOIA                                                                               decision) to update the fees charged by
                                             Improvement Act of 2016, and the                         § 1007.5 (Action on initial requests) by
                                                                                                      specifying decisions that constitute                  the Trust for processing Privacy Act
                                             Digital Accountability and                                                                                     requests. The Trust previously
                                             Transparency Act of 2014.                                adverse determinations of requests,
                                                                                                      adding procedures for notifying                       published its fees on December 2, 1998
                                             DATES: These final rules are effective                                                                         in its Interim Compendium. Under this
                                                                                                      requesters of dispute resolution
                                             November 15, 2018.                                                                                             final rule, the Trust’s Executive Director
                                                                                                      services, and adding types of requests
                                             FOR FURTHER INFORMATION CONTACT:                         that would qualify for expedited                      will set fees for processing these
                                             Steve Carp, Legal Analyst, (415) 561–                    processing; § 1007.6 (Time limits for                 requests and will publish the fees on the
                                             5300, scarp@presidiotrust.gov.                           processing initial requests) by adding                Trust’s website instead of the Interim
                                             SUPPLEMENTARY INFORMATION:                               procedures for a requester to modify a                Compendium. With these changes, the
                                                                                                      request when an extension of time is                  fees previously listed in § 1008.15 of the
                                             Background                                                                                                     Interim Compendium will no longer be
                                                                                                      necessary to respond to a request, and
                                               Section 104(j) of the Presidio Trust                   adding procedures for notifying                       effective.
                                             Act (16 U.S.C. 460bb appendix)
                                                                                                      requesters of dispute resolution                      Revisions to 36 CFR Part 1009
                                             authorizes the Trust to prescribe
                                                                                                      services; § 1007.7 (Appeals) by changing              (Administrative Claims Under the
                                             regulations governing the manner in
                                                                                                      the time period for requesters to file an             FTCA)
                                             which it conducts its business and
                                                                                                      administrative appeal from 20 working                    The Trust adopted FTCA regulations
                                             exercises its powers. This final rule
                                                                                                      days to 90 calendar days and requiring                effective January 29, 1999. This final
                                             revises the Trust’s administrative
                                                                                                      an appeal of an adverse determination                 rule revises § 1009.4 (Payment of
                                             regulations at 36 CFR part 1007 (FOIA),
                                                                                                      before seeking a court order; § 1007.8                claims) by adding procedures the Trust
                                             part 1008 (Privacy Act), part 1009
                                                                                                      (Action on appeals) by adding                         uses to pay FTCA claims from its
                                             (FTCA), and part 1011 (Debt Collection),
                                                                                                      procedures for notifying requesters of                proceeds or revenues.
                                             as described below. In addition, the
                                             Trust has made minor ministerial                         dispute resolution services; and § 1007.9
                                                                                                      (Fees) by adding definitions for the                  Revisions to 36 CFR Part 1011 (Debt
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                                             changes and corrected typographical                                                                            Collection)
                                             errors to these parts of its regulations.                terms ‘‘direct costs’’ and ‘‘review’’ and
                                                                                                      modifying the definition for                            The Trust adopted debt collection
                                             Revisions to 36 CFR Part 1007                            ‘‘representative of the news media.’’                 regulations effective January 12, 2006.
                                             (Requests Under the FOIA)                                   This rule also revises § 1007.9 to                 The Digital Accountability and
                                                The Trust adopted FOIA regulations                    update the fees charged by the Trust for              Transparency Act of 2014 amended
                                             effective January 29, 1999. The OPEN                     processing FOIA requests. The Trust                   federal debt collection law to require


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                        50827

                                             federal agencies to refer eligible                       limit for processing initial requests                 programs or the rights or obligations of
                                             delinquent debts to the Department of                    beyond ten additional working days.                   their recipients; and
                                             the Treasury for administrative offset                   The Trust has revised this section to                    (4) Does not raise novel legal or policy
                                             after 120 days, rather than 180 days.                    approximate the Department of Justice’s               issues.
                                             This final rule makes minor revisions to                 template for agency FOIA regulations.                    This final rule is not a ‘‘significant
                                             §§ 1011.4 (What notice will the Presidio                   6. One comment suggested modifying                  regulatory action’’ under section 3(f) of
                                             Trust send to a debtor when collecting                   §§ 1007.8(c)(3) and 1007.8(d)(1) with                 Executive Order 12866. Accordingly,
                                             a debt?), 1011.9 (When will the Presidio                 broader language to indicate that                     the ORIA has not reviewed this
                                             Trust transfer a debt to the Financial                   requesters may file a FOIA-related                    regulation. Executive Order 13563
                                             Management Service for collection?),                     lawsuit against the Trust in venues                   reaffirms the principles of Executive
                                             and 1011.10 (How will the Presidio                       other than the United States District                 Order 12866 while calling for
                                             Trust use administrative offset (offset of               Court for the Northern District of                    improvements in the nation’s regulatory
                                             non-tax federal payments) to collect a                   California. The Trust declines to make                system to promote predictability, to
                                             debt?) to reflect this requirement.                      this revision. Section 104(h) of the                  reduce uncertainty, and to use the best,
                                                                                                      Presidio Trust Act provides that ‘‘[t]he              most innovative, and least burdensome
                                             Response to Comments                                     District Court for the Northern District              tools for achieving regulatory ends. The
                                                On March 6, 2018, the Trust                           of California shall have exclusive                    Executive order directs agencies to
                                             published a proposed rulemaking in the                   jurisdiction over any suit filed against              consider regulatory approaches that
                                             Federal Register (83 FR 9459) and                        the Trust.’’                                          reduce burdens and maintain flexibility
                                             requested comments over a 49-day                           7. One comment suggested adding in                  and freedom of choice for the public
                                             period ending on April 24, 2018. The                     the Trust’s notice to appellants under                where these approaches are relevant,
                                             Trust received three comment                             § 1007.8(c)(4) the availability of dispute            feasible, and consistent with regulatory
                                             submissions, and these submissions                       resolution services offered by the Office             objectives. Executive Order 13563
                                             were considered in drafting this final                   of Government Information Services                    emphasizes further that regulations
                                             rule, as follows:                                        when the Trust cannot reach a                         must be based on the best available
                                                1. One comment suggested changing                     determination on an appeal within the                 science and that the rulemaking process
                                             the word ‘‘must’’ to ‘‘should’’ in                       applicable time limit. The Trust has                  must allow for public participation and
                                             § 1007.3(b)(1) when invoking the FOIA                    made this revision.                                   an open exchange of ideas. The Trust
                                             in a request for records. The Trust has                    8. One comment suggested adding in                  has developed this rule in a manner
                                             made this revision.                                      § 1007.8(d)(1) language that if the Trust             consistent with these requirements.
                                                2. One comment suggested replacing                    agrees to participate in the dispute
                                             the phrase ‘‘To expedite processing’’                    resolution services offered by the Office             Reducing Regulation and Controlling
                                             with ‘‘To facilitate handling’’ in                       of Government Information Services, the               Regulatory Costs (Executive Order
                                             § 1007.3(b)(5) and § 1007.7(c)(3) to avoid               Trust will actively engage in the process             13771)
                                             confusion with the term of art                           in an attempt to resolve the dispute. The                Executive Order 13771 requires an
                                             ‘‘expedited processing’’ in § 1007.5(g).                 Trust has revised this section to                     agency, unless prohibited by law, to
                                             The Trust has made these revisions.                      approximate the Department of Justice’s               identify at least two existing regulations
                                                3. One comment suggested that for                     template for agency FOIA regulations.                 to be repealed when the agency publicly
                                             purposes of consulting with submitters                     9. Two comments suggested revising                  proposes for notice and comment or
                                             of commercial or financial information,                  the definition of ‘‘representative of the             otherwise promulgates a new
                                             ‘‘person’’ in § 1007.4(c) should                         news media’’ in § 1007.9(a)(5)(vi) to                 rege:ulation. In furtherance of this
                                             incorporate a wider range of entities,                   make it consistent with the OPEN Act.                 requirement, section 2(c) of the
                                             including corporations, states, and                      The Trust has revised this section to                 Executive order requires that the new
                                             Native American tribes or nations. The                   approximate the Department of Justice’s               incremental costs associated with new
                                             Trust has revised this section to                        template for agency FOIA regulations.                 regulations must, to the extent
                                             approximate the Department of Justice’s                  Compliance With Laws and Executive                    permitted by law, be offset by the
                                             template for agency FOIA regulations.                    Orders                                                elimination of existing costs associated
                                                4. One comment suggested striking                                                                           with at least two prior regulations. The
                                             ‘‘[i]f neither a statute nor an Executive                Regulatory Planning and Review                        OMB’s interim guidance issued on
                                             order requires withholding’’ from                        (Executive Orders 12866 and 13563)                    February 2, 2017 explains that the above
                                             § 1007.5(f)(iii) addressing adverse                        Executive Order 12866 provides that                 requirements only apply to each new
                                             determinations of document requests.                     the Office of Information and Regulatory              ‘‘significant regulatory action that
                                             The commenter wrote that the language                    Affairs (OIRA) in the Office of                       imposes costs.’’ Further, see OMB’s
                                             could be read to indicate that there are                 Management and Budget (OMB) will                      Memorandum M–17–21 titled
                                             reasons other than the exemptions                        review all significant rules. This rule:              ‘‘Guidance Implementing Executive
                                             identified in the FOIA statute itself for                  (1) Will not have an effect of $100                 Order 13771, Titled ‘Reducing
                                             withholding, and that it is the FOIA                     million or more on the economy. It will               Regulation and Controlling Regulatory
                                             exemption itself, not a statute or                       not adversely affect in a material way                Costs’’’ (April 5, 2017). As this rule only
                                             executive order standing alone, that                     the economy, productivity, competition,               relates to the Trust’s administrative
                                             provides the basis for withholding a                     jobs, the environment, public health or               procedures, many of the revisions are
                                             document. The Trust has made this                        safety, or State, local, or tribal                    statutorily required, and the rule is not
                                             revision.                                                governments or communities;                           a ‘‘significant regulatory action,’’ this
                                                5. One comment suggested adding in
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                                                                                                        (2) Will not create a serious                       final rule is exempt from the
                                             the Trust’s notice to requesters under                   inconsistency or otherwise interfere                  requirements of Executive Order 13771.
                                             § 1007.6(d) the availability of dispute                  with an action taken or planned by
                                             resolution services offered by the Office                another agency. The rule only affects                 Regulatory Flexibility Act (5 U.S.C. 601
                                             of Government Information Services in                    administrative procedures of the Trust;               et seq.)
                                             the event unusual circumstances                            (3) Does not alter the budgetary effects               This rule will not have a significant
                                             necessitate the extension of the time                    of entitlements, grants, user fees, or loan           economic effect on a substantial number


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                                             50828            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             of small entities within the meaning of                  regulations be reviewed to eliminate                  1010.7(b) that would require further
                                             the Regulatory Flexibility Act.                          errors and ambiguity and be written to                analysis under the NEPA.
                                                                                                      minimize litigation; and (b) meets the
                                             Small Business Regulatory Enforcement                                                                          Clarity of the Regulations
                                                                                                      criteria of section 3(b)(2) requiring that
                                             Fairness Act (5 U.S.C. 804(2))                                                                                    The Trust is required by Executive
                                                                                                      all regulations be written in clear
                                               This rule is not a major rule under the                language and contain clear legal                      Orders 12866 (section 1(b)(12)), 12988
                                             Small Business Regulatory Enforcement                    standards.                                            (section 3(b)(1)(B)), and 13563 (section
                                             Fairness Act. This rule: (a) Does not                                                                          1(a)), and by the Presidential
                                             have an annual effect on the economy                     Effects on the Energy Supply (Executive               Memorandum of June 1, 1998, to write
                                             of $100 million or more; (b) will not                    Order 13211)                                          all rules in plain language. This means
                                             cause a major increase in costs or prices                  This rule is not a significant energy               that each rule the Trust publishes must:
                                             for consumers, individual industries,                    action under the definition in Executive              (a) Be logically organized; (b) use the
                                             Federal, State, or local government                      Order 13211. A Statement of Energy                    active voice to address readers directly;
                                             agencies, or geographic regions; and (c)                 Effects is not required.                              (c) use common, everyday words and
                                             does not have significant adverse effects                                                                      clear language rather than jargon; (d) be
                                                                                                      Consultation With Indian Tribes
                                             on competition, employment,                                                                                    divided into short sections and
                                                                                                      (Executive Order 13175)
                                             investment, productivity, innovation, or                                                                       sentences; and (e) use lists and tables
                                             the ability of U.S.-based enterprises to                    This rule has no tribal implications or            wherever possible.
                                             compete with foreign-based enterprises.                  imposes substantial direct compliance
                                                                                                      costs on federally recognized Indian                  List of Subjects
                                               This rule relates to internal
                                             administrative procedures and                            tribes. A tribal summary impact                       36 CFR Part 1007
                                             management of government function. It                    statement is not required.
                                                                                                                                                              Administrative practice and
                                             does not regulate external entities,                     Paperwork Reduction Act (44 U.S.C.                    procedure, Archives and records,
                                             impose any costs on them, or eliminate                   3501 et seq.)                                         Freedom of information, National parks,
                                             any procedures or functions that would                                                                         Natural resources, Public lands,
                                             result in a loss of employment or                          This rule does not contain new
                                                                                                      collections of information that require               Records, Recreation and recreation
                                             income on the part of the private sector.                                                                      areas.
                                                                                                      approval by the OMB under the
                                             Unfunded Mandates Reform Act (2                          Paperwork Reduction Act. The rule does                36 CFR Part 1008
                                             U.S.C. 1531 et seq.)                                     not impose new recordkeeping or
                                                                                                      reporting requirements on State, tribal,                Administrative practice and
                                                This rule does not impose an                                                                                procedure, National parks, Natural
                                             unfunded mandate on State, local, or                     or local governments; individuals;
                                                                                                      businesses; or organizations.                         resources, Personally identifiable
                                             tribal governments or the private sector                                                                       information, Privacy, Public lands,
                                             of more than $100 million per year. This                 National Environmental Policy Act of                  Recreation and recreation areas.
                                             rule does not have a significant or                      1969 (42 U.S.C. 4321 et seq.)
                                             unique effect on State, local or tribal                                                                        36 CFR Part 1009
                                                                                                         This rule does not constitute a major
                                             governments, or the private sector. A                                                                            Administrative practice and
                                                                                                      Federal action significantly affecting the
                                             statement containing the information                                                                           procedure, Claims, National parks,
                                                                                                      quality of the human environment
                                             required by the Unfunded Mandates                                                                              Natural resources, Public lands,
                                                                                                      under the National Environmental
                                             Reform Act is not required. This rule                                                                          Recreation and recreation areas, Tort
                                                                                                      Policy Act (NEPA) and the Trust’s
                                             produces no costs outside of the Federal                                                                       claims.
                                                                                                      NEPA regulations at 36 CFR 1010.16. It
                                             government and does not create an
                                                                                                      is a modification of existing Trust                   36 CFR Part 1011
                                             additional burden on State, local, or
                                                                                                      regulations in order to make them                       Administrative practice and
                                             tribal governments, or the private sector.
                                                                                                      clearer, more complete, and consistent                procedure, Claims, Credit, Debt
                                             Takings (Executive Order 12630)                          with current Federal statutory law.                   collection, Government employees,
                                               This rule does not effect a taking of                  Moreover, a detailed statement under                  National parks, Natural resources,
                                             private property or otherwise have                       the NEPA is not required because the                  Public lands, Recreation and recreation
                                             taking implications under Executive                      rule is covered by a categorical                      areas, Reporting and recordkeeping
                                             Order 12630. A takings implication                       exclusion. The Trust has determined                   requirements, Wages.
                                             assessment is not required.                              that the rule is categorically excluded
                                                                                                      under 36 CFR 1010.7(a)(10)(i) as it is a                For the reasons set forth in the
                                             Federalism (Executive Order 13132)                       revision of Trust regulations that does               preamble, the Presidio Trust amends
                                                                                                      not increase public use to the extent of              Chapter X of title 36 of the Code of
                                               This rule does not have sufficient                                                                           Federal Regulations as follows:
                                             federalism implications, as defined by                   compromising the nature and character
                                             section 1 of Executive Order 13132, to                   of the Presidio Area B or of causing                  PART 1007—REQUESTS UNDER THE
                                             warrant the preparation of a federalism                  significant physical damage to it.                    FREEDOM OF INFORMATION ACT
                                             summary impact statement. This rule                      Further, the rule will not result in the
                                             only affects use of Trust administered                   introduction of non-compatible uses,                  ■ 1. The authority citation for part 1007
                                             lands. It has no outside effects on other                which might compromise the nature                     continues to read as follows:
                                             areas. A federalism summary impact                       and characteristics of the Presidio Area                Authority: Pub. L. 104–333, 110 Stat. 4097
                                             statement is not required.                               B or cause significant physical damage                (16 U.S.C. 460bb note); 5 U.S.C. 552; E.O.
                                                                                                      to it. Finally, the rule will not conflict
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                                                                                                                                                            12,600, 52 FR 23781, 3 CFR 1988 Comp., p.
                                             Civil Justice Reform (Executive Order                    with adjacent ownerships or land uses                 235.
                                             12988)                                                   or cause a significant nuisance to                    ■   2. Revise § 1007.1 to read as follows:
                                               This rule complies with the                            adjacent owners or occupants. The Trust
                                             requirements of Executive Order 12988.                   has also determined that the rule does                § 1007.1   Purpose and scope.
                                             Specifically, this rule: (a) Meets the                   not involve any of the extraordinary                    (a) This part contains the procedures
                                             criteria of section 3(a) requiring that all              circumstances listed in 36 CFR                        for submission to and consideration by


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                        50829

                                             the Presidio Trust of requests for records               the FOIA. The Presidio Trust                          in the case of a record or information
                                             under the FOIA. As used in this part,                    administers the FOIA with a                           compiled by a criminal law enforcement
                                             the term ‘‘FOIA’’ means the Freedom of                   presumption of openness. As a matter of               authority in the course of a criminal
                                             Information Act, 5 U.S.C. 552. The                       policy, the Presidio Trust may make                   investigation, or by an agency
                                             regulations in this part should be read                  discretionary disclosures of records or               conducting a lawful national security
                                             in conjunction with the text of the                      information exempt from disclosure                    intelligence investigation, information
                                             FOIA. Requests made by individuals for                   under the FOIA whenever disclosure                    furnished by a confidential source;
                                             records about themselves under the                       would not foreseeably harm an interest                  (v) Would disclose techniques and
                                             Privacy Act of 1974, 5 U.S.C. 552a, are                  protected by a FOIA exemption. This                   procedures for law enforcement
                                             processed in accordance with the                         policy does not create any right                      investigations or prosecutions or would
                                             Presidio Trust’s Privacy Act regulations                 enforceable in court.                                 disclose guidelines for law enforcement
                                             as well as under this subpart.                              (b) Statutory disclosure requirement.              investigations or prosecutions if such
                                                (b) Before invoking the formal                        The FOIA requires that the Presidio                   disclosure could reasonably be expected
                                             procedures set out below, persons                        Trust, on a request from a member of the              to risk circumvention of the law; or
                                             seeking records from the Presidio Trust                  public submitted in accordance with the                 (vi) Could reasonably be expected to
                                             may find it useful to consult with the                   procedures in this part, make requested               endanger the life or physical safety of
                                             Presidio Trust’s FOIA Officer, who can                   records available for inspection and                  any individual.
                                             be reached at The Presidio Trust, P.O.                   copying.                                                (8) Contained in or related to
                                             Box 29052, San Francisco, CA 94129–                         (c) Statutory exemptions. Exempted                 examination, operating, or condition
                                             0052, Telephone: (415) 561–5300. As                      from the FOIA’s statutory disclosure                  reports prepared by, on behalf of, or for
                                             used in this part, the term ‘‘FOIA                       requirement are matters that are:                     the use of an agency responsible for the
                                             Officer’’ means the employee designated                     (1)(i) Specifically authorized under               regulation or supervision of financial
                                             by the Executive Director to process                     criteria established by an Executive                  institutions; or
                                             FOIA requests and otherwise supervise                    order to be kept secret in the interest of              (9) Geological and geophysical
                                             the Presidio Trust’s compliance with the                 national defense or foreign policy; and               information and data, including maps,
                                             FOIA, or the alternate employee so                          (ii) Are in fact properly classified               concerning wells.
                                             designated to perform these duties in                    pursuant to such Executive order.                       (d) Decisions on requests. It is the
                                             the absence of the FOIA Officer.                            (2) Related solely to the internal                 policy of the Presidio Trust to withhold
                                                (c) The procedures in this part do not                personnel rules and practices of an                   information falling within an exemption
                                             apply to:                                                agency;                                               only if:
                                                (1) Records published in the Federal                     (3) Specifically exempted from                       (1) Disclosure is prohibited by statute
                                             Register, the Bylaws of the Presidio                     disclosure by statute (other than the                 or Executive order; or
                                             Trust, statements of policy and                          Privacy Act), provided that such statute:               (2) Sound grounds exist for invocation
                                             interpretations, and other materials that                   (i) Requires that the matters be                   of the exemption.
                                             have been published by the Presidio                      withheld from the public in such a                      (e) Disclosure of reasonably
                                             Trust on its internet website (http://                   manner as to leave no discretion on the               segregable nonexempt material. If a
                                             www.presidiotrust.gov) or are routinely                  issue; or                                             requested record contains material
                                             made available for inspection and                           (ii) Establishes particular criteria for           covered by an exemption and material
                                             copying at the requester’s expense.                      withholding or refers to particular types             that is not exempt, and it is determined
                                                (2) Records or information compiled                   of matters to be withheld.                            under the procedures in this part to
                                             for law enforcement purposes and                            (4) Trade secrets and commercial or                withhold the exempt material, any
                                             covered by the disclosure exemption                      financial information obtained from a                 reasonably segregable nonexempt
                                             described in § 1007.2(c)(7) if:                          person and privileged or confidential;                material shall be separated from the
                                                (i) The investigation or proceeding                      (5) Inter-agency or intra-agency                   exempt material and released. In such
                                             involves a possible violation of criminal                memorandums or letters which would                    circumstances, the records disclosed in
                                             law; and                                                 not be available by law to a party other              part shall be marked or annotated to
                                                (ii) There is reason to believe that:                 than an agency in litigation with the                 show both the amount and the location
                                                (A) The subject of the investigation or               agency;                                               of the information deleted wherever
                                             proceeding is not aware of its pendency;                    (6) Personnel and medical files and                practicable.
                                             and                                                      similar files the disclosure of which                 ■ 4. Revise § 1007.3 to read as follows:
                                                (B) Disclosure of the existence of the                would constitute a clearly unwarranted
                                             records could reasonably be expected to                  invasion of personal privacy;                         § 1007.3   Requests for records.
                                             interfere with enforcement proceedings.                     (7) Records or information compiled                  (a) Submission of requests. A request
                                                (3) Informant records maintained by                   for law enforcement purposes, but only                to inspect or copy records shall be
                                             the United States Park Police under an                   to the extent that the production of such             submitted to the Presidio Trust’s FOIA
                                             informant’s name or personal identifier,                 law enforcement records or information:               Officer at P.O. Box 29052, San
                                             if requested by a third party according                     (i) Could reasonably be expected to                Francisco, CA 94129–0052.
                                             to the informant’s name or personal                      interfere with enforcement proceedings;                 (b) Form of perfected requests. (1)
                                             identifier, unless the informant’s status                   (ii) Would deprive a person of a right             Requests under this part shall be in
                                             as an informant has been officially                      to a fair or an impartial adjudication;               writing and should specifically invoke
                                             confirmed.                                                  (iii) Could reasonably be expected to              the FOIA.
                                             ■ 3. Revise § 1007.2 to read as follows:                 constitute an unwarranted invasion of                    (2) A request must reasonably
                                                                                                                                                            describe the records requested. A
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                                                                                                      personal privacy;
                                             § 1007.2   Records available.                               (iv) Could reasonably be expected to               request reasonably describes the records
                                               (a) Policy. It is the policy of the                    disclose the identity of a confidential               requested if it will enable an employee
                                             Presidio Trust to make its records                       source, including a State, local, or                  of the Presidio Trust familiar with the
                                             available to the public to the greatest                  foreign agency or authority or any                    subject area of the request to locate the
                                             extent possible consistent with the                      private institution which furnished                   record with a reasonable amount of
                                             purposes of the Presidio Trust Act and                   information on a confidential basis, and,             effort. If such information is available,


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                                             50830            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             the request should identify the subject                     (B) If a requester has not stated a                consult with that other entity prior to
                                             matter of the record, the date when it                   willingness to pay fees as high as                    making a release determination; or
                                             was made, the place where it was made,                   anticipated by the Presidio Trust; or                    (ii) Referral. (A) When the Presidio
                                             the person or office that made it, the                      (C) If a fee waiver request is denied              Trust believes that another department
                                             present custodian of the record, and any                 and the requester has not included an                 or agency is best able to determine
                                             other information that will assist in                    alternative statement of willingness to               whether to disclose the record, the
                                             locating the requested record. If the                    pay fees as high as anticipated by the                Presidio Trust will refer the
                                             request involves a matter known by the                   Presidio Trust.                                       responsibility for responding to the
                                             requester to be in litigation, the request                  (4) A request seeking a fee waiver                 request regarding the record to that
                                             should also state the case name and                      shall, to the extent possible, address                department or agency. Ordinarily, the
                                             court hearing the case. If after receiving               why the requester believes that the                   department or agency that originated the
                                             a request the FOIA Officer determines                    criteria for fee waivers set out in                   record is presumed to be the best entity
                                             that the request does not reasonably                     § 1007.10 are met.                                    to make the disclosure determination.
                                             describe the records sought, the FOIA                       (5) To facilitate handling, both the               However, if the Presidio Trust and the
                                             Officer will inform the requester what                   envelope containing a request and the                 originating department or agency jointly
                                             additional information is needed or why                  face of the request should bear the                   agree that the Presidio Trust is in the
                                             the request is otherwise insufficient.                   legend ‘‘FREEDOM OF INFORMATION                       best position to respond to the request,
                                             Requesters who are attempting to                         REQUEST.’’                                            then the record may be handled as a
                                             reformulate or modify such a request                        (c) Creation of records. A request may             consultation.
                                             may discuss their request with the FOIA                  seek only records that are in existence                  (B) If the Presidio Trust refers any part
                                             Officer. If a request does not reasonably                at the time the request is received. A                of the responsibility for responding to a
                                             describe the records sought, the Presidio                request may not seek records that come                request to another department or
                                             Trust’s response to the request may be                   into existence after the date on which it             agency, the Presidio Trust will
                                             delayed or an adverse determination                      is received and may not require that                  document the referral, maintain a copy
                                             under § 1007.5(e).                                       new records be created in response to                 of the record that it refers, and notify the
                                                (3)(i) A perfected request shall:                     the request by, for example, combining                requester of the referral, informing the
                                                (A) Specify the fee category                          or compiling selected items from                      requester of the name(s) of the
                                             (commercial use, educational                             manual files, preparing a new computer                department or agency to which the
                                             institution, noncommercial scientific                    program, or calculating proportions,                  record was referred, including that
                                             institution, news media, or other, as                    percentages, frequency distributions,                 entity’s FOIA contact information.
                                             defined in § 1007.9) in which the                        trends or comparisons. In those                          (2) Timing of responses to
                                             requester claims the request falls and                   instances where the Presidio Trust                    consultations and referrals. All
                                             the basis of this claim;                                 determines that creating a new record                 consultations and referrals received by
                                                (B) State the maximum amount of fees                  will be less burdensome than disclosing               the Presidio Trust will be handled
                                             that the requester is willing to pay or                  large volumes of unassembled material,                according to the date that the Presidio
                                             include a request for a fee waiver; and                  the Presidio Trust may, in its discretion,            Trust received the perfected FOIA
                                                (C) Provide contact information for                   agree to creation of a new record as an               request.
                                             the requester, such as phone number,                     alternative to disclosing existing                       (3) A request for documents that were
                                             email address and/or mailing address, to                 records.                                              classified by another agency shall be
                                             assist the Presidio Trust in                             ■ 5. Revise § 1007.4 to read as follows:              referred to that agency.
                                             communicating with them and                                                                                       (c) Consultation with submitters of
                                             providing released records.                              § 1007.4 Preliminary processing of                    commercial and financial information.
                                                (ii) Requesters who make requests for                 requests.                                             (1) If a request seeks a record containing
                                             records about themselves must verify                        (a) Scope of requests. Unless a request            trade secrets or commercial or financial
                                             their identity.                                          clearly specifies otherwise, requests to              information submitted by any person or
                                                (iii) Where a request for records                     the Presidio Trust may be presumed to                 entity, including a corporation, State,
                                             pertains to another individual, a                        seek only records of the Presidio Trust               Native American tribe or nation, or
                                             requester may receive greater access by                  in possession of the Presidio Trust at the            foreign government, but not including
                                             submitting either a notarized                            time the Presidio Trust begins its search.            another Federal Government entity, the
                                             authorization signed by that individual                  If any other date is used, the Presidio               Presidio Trust shall provide the
                                             or a declaration made in compliance                      Trust will inform the requester of that               submitter with notice of the request
                                             with the requirements set forth in 28                    date. A record that is excluded from the              whenever:
                                             U.S.C. 1746 by that individual                           requirements of the FOIA pursuant to 5                   (i) The submitter has made a good
                                             authorizing disclosure of the records to                 U.S.C. 552(c) is not considered                       faith designation of the information as
                                             the requester, or by submitting proof                    responsive to a request.                              commercially or financially sensitive; or
                                             that the individual is deceased (e.g., a                    (b) Records of other departments and                  (ii) The Presidio Trust has reason to
                                             copy of a death certificate or an                        agencies. (1) When reviewing records in               believe that disclosure of the
                                             obituary). As an exercise of                             response to a request, the Presidio Trust             information may result in commercial or
                                             administrative discretion, the Presidio                  will determine whether another Federal                financial injury to the submitter.
                                             Trust may require a requester to supply                  department or agency is better able to                   (2) Where notification of a
                                             additional information if necessary in                   determine whether the record is exempt                voluminous number of submitters is
                                             order to verify that a particular                        from disclosure under the FOIA. As to                 required, such notification may be
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                                             individual has consented to disclosure.                  any such record, the Presidio Trust will              accomplished by posting or publishing
                                                (iv) Requesters are advised that, under               proceed in one of the following ways:                 the notice in a place reasonably
                                             § 1007.9 (f), (g) and (h), the time for                     (i) Consultation. When records                     calculated to accomplish notification.
                                             responding to requests may be delayed:                   originating with the Presidio Trust, but                 (3) The notice to the submitter shall
                                                (A) If a requester has not sufficiently               contain within them information of                    afford the submitter a reasonable period
                                             identified the fee category applicable to                interest to another Federal department                within which to provide a detailed
                                             the request;                                             or agency, the Presidio Trust will                    statement of any objection to disclosure.


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                       50831

                                             The submitter’s statement shall explain                  years prior to the date of the request,               forwarded a reasonable number of days
                                             the basis on which the information is                    unless the Presidio Trust has reason to               prior to the date on which disclosure is
                                             claimed to be exempt under the FOIA,                     believe that it continues to be                       to be made and shall include:
                                             including a specification of any claim of                confidential.                                            (i) A statement of the reasons why the
                                             competitive or other business harm that                    (8) If a requester brings suit to compel            submitter’s objections were not
                                             would result from disclosure. The                        disclosure of information, the submitter              sustained;
                                             statement shall also include a                           of the information will be promptly                      (ii) A specification of the portions of
                                             certification that the information is                    notified.                                             the record to be disclosed, if the
                                             confidential, has not been disclosed to                  ■ 6. Revise § 1007.5 to read as follows:              submitter’s objections were sustained in
                                             the public by the submitter, and is not                                                                        part; and
                                             routinely available to the public from                   § 1007.5    Action on initial requests.                  (iii) A specified disclosure date.
                                             other sources.                                              (a) Authority. (1) Requests shall be                  (4) If a claim of confidentiality has
                                                (4) A submitter who fails to respond                  decided by the FOIA Officer.                          been found frivolous in accordance with
                                             within the time period specified in the                     (2) A decision to withhold a requested             § 1007.4(c)(7)(vi) and a determination is
                                             notice will be deemed to have no                         record, to release a record that is exempt            made to release the information without
                                             objection to disclosure of the                           from disclosure, or to deny a fee waiver              consultation with the submitter, the
                                             information. The Presidio Trust shall                    shall be made only after consultation                 submitter of the information shall be
                                             not be required to consider any                          with the General Counsel.                             notified of the decision and the reasons
                                             information received from the submitter                     (b) Acknowledgement of requests. (1)               therefor a reasonable number of days
                                             after the date of any disclosure decision.               The Presidio Trust shall send the                     prior to the date on which disclosure is
                                             Any information provided by a                            requester a written acknowledgement of                to be made.
                                                                                                      the receipt of the request, provide the                  (e) Adverse determinations of
                                             submitter under this subpart may itself
                                                                                                      requester with an individualized                      requests. Adverse determinations, or
                                             be subject to disclosure under the FOIA.
                                                (5) The Presidio Trust will notify the                tracking number, and provide the                      denials of requests, include decisions
                                             requester whenever it provides the                       requester with contact information for                that:
                                                                                                      the FOIA Officer.                                        (1) The requester has not submitted a
                                             submitter with notice and an
                                                                                                         (2) Requesters must include the                    perfected request;
                                             opportunity to object to disclosure;                                                                              (2) The requested record is exempt, in
                                             whenever it notifies the submitter of its                individualized tracking number in all
                                                                                                      communications with the Presidio Trust                whole or in part;
                                             intent to disclose the requested                                                                                  (3) The request does not reasonably
                                             information; and whenever a submitter                    regarding the request.
                                                                                                         (c) Estimated dates of completion and              describe the records sought;
                                             files a lawsuit to prevent the disclosure                                                                         (4) The information is not a record
                                             of the information.                                      interim responses. Upon request, the
                                                                                                      Presidio Trust will provide an estimated              subject to the FOIA;
                                                (6) If a submitter’s statement cannot                                                                          (5) The requested record does not
                                             be obtained within the time limit for                    date by which the Presidio Trust
                                                                                                                                                            exist, cannot be located, or has been
                                             processing the request under § 1007.6,                   expects to provide a response to the
                                                                                                                                                            destroyed; or
                                             the requester shall be notified of the                   requester. If a request involves a                       (6) The requested record is not readily
                                             delay as provided in § 1007.6(f).                        voluminous amount of material, or                     reproducible in the form or format
                                                (7) Notification to a submitter is not                searches in multiple locations, the                   sought by the requester. Adverse
                                             required if:                                             Presidio Trust may provide interim                    determinations also include denials
                                                (i) The Presidio Trust determines,                    responses, releasing records on a rolling             involving fees or fee waivers or denials
                                             prior to giving notice, that the request                 basis.                                                of requests for expedited processing.
                                             for the record should be denied;                            (d) Form of grant. (1) When a                         (f) Form of denial. (1) A decision
                                                (ii) The information has previously                   requested record has been determined to               withholding a requested record shall be
                                             been lawfully published or officially                    be available, the FOIA Officer shall                  in writing and shall include:
                                             made available to the public;                            notify the requester as to when and                      (i) A list of the names and titles or
                                                (iii) Disclosure is required by a statute             where the record is available for                     positions of each person responsible for
                                             (other than the FOIA) or regulation                      inspection or, as the case may be, when               the denial;
                                             (other than this part);                                  and how copies will be provided. If fees                 (ii) A reference to the specific
                                                (iv) Disclosure is clearly prohibited by              are due, the FOIA Officer shall state the             exemption or exemptions authorizing
                                             a statute, as described in § 1007.2(c)(3);               amount of fees due and the procedures                 the withholding;
                                                (v) The information was not                           for payment, as described in § 1007.9.                   (iii) An estimate of the volume of
                                             designated by the submitter as                              (2) The FOIA Officer shall honor a                 records or information withheld, in
                                             confidential when it was submitted, or                   requester’s specified preference of form              number of pages or in some other
                                             a reasonable time thereafter, if the                     or format of disclosure (e.g., paper,                 reasonable form of estimation. This
                                             submitter was specifically afforded an                   microform, audiovisual materials, or                  estimate does not need to be provided
                                             opportunity to make such a designation;                  electronic records) if the record is                  if the volume is otherwise indicated
                                             however, a submitter will be notified of                 readily available to the Presidio Trust in            through deletions on records disclosed
                                             a request for information that was not                   the requested form or format or if the                in part, or if providing an estimate
                                             designated as confidential at the time of                record is reproducible by the Presidio                would harm an interest protected by an
                                             submission, or a reasonable time                         Trust with reasonable efforts in the                  applicable exemption;
                                             thereafter, if there is substantial reason               requested form or format.                                (iv) A statement that the denial may
                                             to believe that disclosure of the                           (3) If a requested record (or portion              be appealed and a reference to the
                                                                                                      thereof) is being made available over the
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                                             information would result in competitive                                                                        procedures in § 1007.7 for appeal; and
                                             harm;                                                    objections of a submitter made in                        (v) A statement notifying the requester
                                                (vi) The designation of confidentiality               accordance with § 1007.4(c), both the                 of the dispute resolution services
                                             made by the submitter is obviously                       requester and the submitter shall be                  offered by the Office of Government
                                             frivolous; or                                            notified of the decision. The notice to               Information Services.
                                                (vii) The information was submitted                   the submitter (a copy of which shall be                  (2) A decision denying a request for
                                             to the Presidio Trust more than ten                      made available to the requester) shall be             failure to reasonably describe requested


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                                             50832            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             records or for other procedural                          communicated immediately to the                       for purposes of appeal, including a
                                             deficiency or because requested records                  requester.                                            reference to the procedures for filing an
                                             cannot be located shall be in writing                      (b) Running of basic time limit. (1)                appeal in § 1007.7.
                                             and shall include:                                       The 20 working day time limit begins to               ■ 8. Revise § 1007.7 to read as follows:
                                               (i) A description of the basis of the                  run when a perfected request meeting
                                             decision;                                                the requirements of § 1007.3(b) is                    § 1007.7   Appeals.
                                               (ii) A list of the names and titles or                 received at the Presidio Trust.                          (a) Right of appeal. A requester may
                                             positions of each person responsible;                      (2) The running of the basic time limit             appeal to the Executive Director when:
                                               (iii) A statement that the matter may                  may be delayed or tolled as explained                    (1) Records have been withheld;
                                             be appealed and a reference to the                       in § 1007.9(f), (g) and (h) if a requester:              (2) A request has been denied for
                                             procedures in § 1007.7 for appeal; and                     (i) Has not stated a willingness to pay             failure to describe requested records or
                                               (iv) A statement notifying the                         fees as high as are anticipated and has               for other procedural deficiency or
                                             requester of the dispute resolution                      not sought and been granted a full fee                because requested records cannot be
                                             services offered by the Office of                        waiver; or                                            located;
                                             Government Information Services.                           (ii) Has not made a required advance                   (3) A fee waiver has been denied;
                                               (g) Expedited processing. (1) Requests                 payment.                                                 (4) A request has not been decided
                                             and appeals will be taken out of order                     (c) Extensions of time. In the                      within the time limits provided in
                                             and given expedited treatment                            following unusual circumstances, the                  § 1007.6; or
                                             whenever it is determined by the FOIA                    time limit for acting on an initial request              (5) A request for expedited processing
                                             Officer that they involve:                               may be extended to the extent                         under § 1007.5(g) has been denied.
                                               (i) Circumstances in which the lack of                 reasonably necessary to the proper                       (b) Time for appeal. An appeal must
                                             expedited treatment could reasonably be                  processing of the request, but in no case             be received at the office of the Presidio
                                             expected to pose an imminent threat to                   may the time limit be extended by more                Trust no later than 90 calendar days
                                             the life or physical safety of an                        than 20 working days:                                 after the date of the initial denial, in the
                                             individual;                                                (1) The need to search for and collect              case of a denial of an entire request, or
                                               (ii) An urgency to inform the public                   the requested records from facilities or              90 calendar days after records have been
                                             about an actual or alleged Federal                       other establishments that are separate                made available, in the case of a partial
                                             government activity, if made by a                        from the main office of the Presidio                  denial.
                                             person primarily engaged in                              Trust;                                                   (c) Form of appeal. (1) An appeal
                                             disseminating information;                                 (2) The need to search for, collect, and            shall be initiated by filing a written
                                               (iii) The loss of substantial due                      appropriately examine a voluminous                    notice of appeal. The notice shall be
                                             process rights; or                                       amount of separate and distinct records               accompanied by copies of the original
                                               (iv) A matter of widespread and                        demanded in a single request; or                      request and the initial denial and
                                             exceptional media interest in which                        (3) The need for consultation, which                should, in order to expedite the
                                             there exist possible questions about the                 shall be conducted with all practicable               appellate process and give the requester
                                             government’s integrity that affect public                speed, with another department or                     an opportunity to present his or her
                                             confidence.                                              agency having a substantial interest in               arguments, contain a brief statement of
                                               (2) A request for expedited processing                 the determination of the request.                     the reasons why the requester believes
                                             may be made at the time of the initial                     (d) Notice of extension. A requester                the initial denial to have been in error.
                                             request for records or at any later time.                shall be notified in writing of an                       (2) The appeal shall be addressed to
                                               (3) A requester who seeks expedited                    extension under paragraph (c) of this                 the Executive Director, The Presidio
                                             processing must submit a statement,                      section. The notice shall state the reason            Trust, P.O. Box 29052, San Francisco,
                                             certified to be true and correct to the                  for the extension and the date on which               CA 94129–0052.
                                             best of that person’s knowledge and                      a determination on the request is                        (3) To facilitate handling, both the
                                             belief, explaining in detail the basis for               expected to be made. When the                         envelope containing a notice of appeal
                                             requesting expedited processing.                         extension exceeds ten working days, the               and the face of the notice should bear
                                               (4) Within ten calendar days of                        requester shall be provided with an                   the legend ‘‘FREEDOM OF
                                             receiving of a request for expedited                     opportunity to modify the request or                  INFORMATION APPEAL.’’
                                             processing, the FOIA Officer shall                       arrange an alternative time period for                   (d) Appeal required. Before seeking
                                             decide whether to grant the request for                  processing the original or modified                   review by a court of an adverse
                                             expedited processing and shall notify                    request. The requester shall also be                  determination by the Presidio Trust, a
                                             the requester of the decision. If a request              notified of the dispute resolution                    requester must first submit a timely
                                             for expedited processing is granted, the                 services offered by the Office of                     administrative appeal.
                                             underlying FOIA request shall be given                   Government Information Services.                      ■ 9. Revise § 1007.8 to read as follows:
                                             priority and shall be processed as soon                    (e) Treatment of delay as denial. If no
                                             as practicable. If a request for expedited               determination has been reached at the                 § 1007.8   Action on appeals.
                                             processing is denied, any appeal of that                 end of the 20 working day period for                    (a) Authority. Appeals shall be
                                             decision shall be acted on                               deciding an initial request, or an                    decided by the Executive Director after
                                             expeditiously.                                           extension thereof under paragraph (c) of              consultation with the FOIA Officer and
                                             ■ 7. Revise § 1007.6 to read as follows:                 this section, the requester may deem the              the General Counsel.
                                                                                                      request denied and may exercise a right                 (b) Time limit. A final determination
                                             § 1007.6 Time limits for processing initial              of appeal in accordance with § 1007.7.                shall be made within 20 working days
                                             requests.                                                  (f) Notice of delay. When a
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                                                                                                                                                            after receipt of an appeal meeting the
                                                (a) Basic limit. Requests for records                 determination cannot be reached within                requirements of § 1007.7(c).
                                             shall be processed promptly. A                           the time limit, or extension thereof, the                (c) Extensions of time. (1) If the time
                                             determination whether to grant or deny                   requester shall be notified of the reason             limit for responding to the initial
                                             a request shall be made within 20                        for the delay, of the date on which a                 request for a record was not extended
                                             working days after receipt of a request.                 determination may be expected, and of                 under the provisions of § 1007.6(c) or
                                             This determination shall be                              the right to treat the delay as a denial              was extended for fewer than ten


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                        50833

                                             working days, the time for processing of                 process in an attempt to resolve the                  of that rate to cover benefits) and the
                                             the appeal may be extended to the                        dispute.                                              cost of operating computers and other
                                             extent reasonably necessary to the                         (2) If a requested record (or portion               electronic equipment, such as
                                             proper processing of the appeal, but in                  thereof) is being made available over the             photocopiers and scanners. Direct costs
                                             no event may the extension, when taken                   objections of a submitter made in                     do not include overhead expenses such
                                             together with any extension made                         accordance with § 1007.4(c), the                      as the costs of space, and of heating or
                                             during processing of the initial request,                submitter shall be provided notice as                 lighting a facility.
                                             result in an aggregate extension with                    described in § 1007.5(b)(3).                             (iii) The term duplication refers to the
                                             respect to any one request of more than                  ■ 10. Revise § 1007.9 to read as follows:             process of making a copy of a record
                                             ten working days. The time for                                                                                 necessary to respond to a FOIA request.
                                                                                                      § 1007.9    Fees.
                                             processing of an appeal may be                                                                                 Such copies can take the form of paper
                                             extended only if one or more of the                         (a) Policy. (1) Unless waived pursuant             copy, microform, audio-visual materials,
                                             unusual circumstances listed in                          to the provisions of § 1007.10, fees for              or machine-readable documentation
                                             § 1007.6(c) requires an extension.                       responding to FOIA requests shall be                  (e.g., magnetic tape or disk), among
                                                (2) The appellant shall be advised in                 charged in accordance with the                        others. The copy provided shall be in a
                                             writing of the reasons for the extension                 provisions of this section and the                    form that is reasonably usable by
                                             and the date on which a final                            current schedule of charges determined                requesters.
                                             determination on the appeal is expected                  by the Executive Director and published                  (iv) An educational institution is a
                                             to be dispatched.                                        on the Presidio Trust’s website. Such                 preschool, a public or private
                                                (3) If no determination on the appeal                 charges shall be set at the level                     elementary or secondary school, an
                                             has been reached at the end of the 20                    necessary to recoup the full allowable                institution of graduate higher education,
                                             working day period, or the extension                     direct costs to the Presidio Trust.                   an institution of undergraduate higher
                                                                                                         (2) Fees shall not be charged if the
                                             thereof, the requester is deemed to have                                                                       education, an institution of professional
                                                                                                      total amount chargeable does not exceed
                                             exhausted administrative remedies,                                                                             education, or an institution of
                                                                                                      the costs of routine collection and
                                             giving rise to a right of review in the                                                                        vocational education, which operates a
                                                                                                      processing of the fee. The Presidio Trust
                                             United States District Court for the                                                                           program or programs of scholarly
                                                                                                      shall periodically determine the cost of
                                             Northern District of California, as                                                                            research.
                                                                                                      routine collection and processing of a
                                             specified in 5 U.S.C. 552(a)(4).                                                                                  (v) A noncommercial scientific
                                                                                                      fee and publish such amount on its
                                                (4) When no determination can be                                                                            institution is an institution that is not
                                                                                                      website.
                                             reached within the applicable time                          (3) Where there is a reasonable basis              operated for commerce, trade or profit
                                             limit, the appeal will nevertheless                      to conclude that a requester or group of              and that is operated solely for the
                                             continue to be processed. On expiration                  requesters acting in concert has divided              purpose of conducting scientific
                                             of the time limit, the requester shall be                a request into a series of requests on a              research the results of which are not
                                             informed of the reason for the delay, of                 single subject or related subjects to                 intended to promote any particular
                                             the date on which a determination may                    avoid assessment of fees, the requests                product or industry.
                                             be reached to be dispatched, of the                      may be aggregated and fees charged                       (vi) A representative of the news
                                             dispute resolution services offered by                   accordingly.                                          media is any person or entity that
                                             the Office of Government Information                        (4) Fees shall be charged to recover               gathers information of potential interest
                                             Services, and of the right to seek judicial              the full costs of providing such services             to a segment of the public, uses its
                                             review.                                                  as certifying that records are true copies            editorial skills to turn the raw materials
                                                (5) An appeal ordinarily will not be                  or sending records by a method other                  into a distinct work, and distributes that
                                             adjudicated if the request becomes a                     than regular mail, when the Presidio                  work to an audience. The term ‘‘news’’
                                             matter of FOIA litigation.                               Trust elects to provide such services.                means information that is about current
                                                (d) Form of decision. (1) The final                      (5) The following definitions shall                events or that would be of current
                                             determination on an appeal shall be in                   apply to this part:                                   interest to the public. Non-exhaustive
                                             writing and shall state the basis for the                   (i) A commercial use request is a                  examples of news media entities
                                             determination. If the determination is to                request from or on behalf of a person                 include television or radio stations that
                                             release the requested records or portions                who seeks information for a use or                    broadcast ‘‘news’’ to the public at large
                                             thereof, the FOIA Officer shall                          purpose that furthers the commercial,                 and publishers of periodicals that
                                             immediately make the records available.                  trade or profit interests of the requester            disseminate ‘‘news’’ and make their
                                             If the determination upholds in whole                    or the person on whose behalf the                     products available through a variety of
                                             or part the initial denial of a request for              request is made, which can include                    means to the general public, including
                                             records, the determination shall advise                  furthering those interest through                     news organizations that disseminate
                                             the requester of the right to obtain                     litigation. The intended use of records               solely on the internet. A request for
                                             judicial review in the U.S. District Court               may be determined on the basis of                     records supporting the news-
                                             for the Northern District of California                  information submitted by a requester                  dissemination function of the requester
                                             and shall set forth the names and titles                 and from reasonable inferences based on               will not be considered to be for a
                                             or positions of each person responsible                  the identity of the requester and any                 commercial use. ‘‘Freelance’’ journalists
                                             for the denial. The determination shall                  other available information.                          who demonstrate a solid basis for
                                             also inform the requester of the dispute                    (ii) The term direct costs refers to               expecting publication through a news
                                             resolution services offered by the Office                those expenses the Presidio Trust incurs              media entity will be considered as a
                                             of Government Information Services.                      in searching for and duplicating (and, in             representative of the news media. A
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                                             Dispute resolution is a voluntary                        the case of commercial use requests,                  publishing contract would provide the
                                             process. If the Presidio Trust agrees to                 reviewing) records in order to respond                clearest evidence that publication is
                                             participate in the dispute resolution                    to a FOIA request. For example, direct                expected; however, the Presidio Trust
                                             services offered by the Office of                        costs include the salary of the employee              can also consider a requester’s past
                                             Government Information Services, it                      performing the work (i.e., the basic rate             publication record in making this
                                             will actively engage as a partner to the                 of pay for the employee, plus 16 percent              determination. The Presidio Trust will


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                                             50834            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             advise requesters of their placement in                     (v) Resolving legal and policy issues              with respect to anticipated fees shall be
                                             this category.                                           affecting access to requested records.                provided promptly.
                                                (vii) The term review refers to the                      (d) News media requests. (1) A                        (h) Advance payment. (1) Where it is
                                             examination of a record located in                       representative of the news media shall                anticipated that allowable fees are likely
                                             response to a request in order to                        be charged for document duplication,                  to exceed $250.00, the requester may be
                                             determine whether any portion of it is                   except that the first 100 pages of paper              required to make an advance payment of
                                             exempt from disclosure. Review time                      copies (or the equivalent cost thereof if             the entire fee before processing of his or
                                             includes processing any record for                       the records are in some other form) shall             her request.
                                             disclosure, such as doing all that is                    be provided without charge.                              (2) Where a requester has previously
                                             necessary to prepare the record for                         (2) Representatives of the news media              failed to pay a fee within 30 days of the
                                             disclosure, including the process of                     may not be charged fees for costs                     date of billing, processing of any request
                                             redacting the record and marking the                     incurred in:                                          from that requester shall ordinarily be
                                             appropriate exemptions. Review costs                        (i) Searching for requested records;               suspended until the requester pays any
                                             are properly charged even if a record                       (ii) Examining requested records to                amount still owed, including applicable
                                             ultimately is not disclosed. Review time                 determine whether they are exempt                     interest, and makes advance payment of
                                             also includes time spent both obtaining                  from mandatory disclosure;                            allowable fees anticipated in connection
                                             and considering any formal objection to                     (iii) Deleting reasonably segregable               with the request.
                                             disclosure under § 1007.4(c) made by a                   exempt matter;                                           (3) Advance payment of fees may not
                                             submitter of confidential commercial                        (iv) Monitoring the requester’s                    be required except as described in
                                             information, but it does not include                     inspection of agency records; or                      paragraphs (h) (1) and (2) of this section.
                                             time spent resolving general legal or                       (v) Resolving legal and policy issues                 (4) Issuance of a notice requiring
                                             policy issues regarding the application                  affecting access to requested records.                payment of overdue fees or advance
                                                                                                         (e) Other requests. (1) A requester not            payment shall toll the time limit in
                                             of exemptions.
                                                                                                      covered by paragraphs (b), (c), or (d) of             § 1007.6 until receipt of payment.
                                                (viii) The term search includes all
                                                                                                      this section shall be charged fees for the               (i) Form of payment. Payment of fees
                                             time spent looking for material that is
                                                                                                      direct costs for document search (even                should be made by check or money
                                             responsive to a request, including page-
                                                                                                      if the search fails to locate records that            order payable to the Presidio Trust.
                                             by-page or line-by-line identification of
                                                                                                      are not exempt from disclosure) and                   Where appropriate, the official
                                             material within documents, databases
                                                                                                      duplication, except that the first two                responsible for handling a request may
                                             and information in other electronic
                                                                                                      hours of search time and the first 100                require that payment by check be made
                                             records. Searches shall be undertaken in
                                                                                                      pages of paper copies (or the equivalent              in the form of a certified check.
                                             the most efficient and least expensive
                                                                                                      cost thereof if the records are in some                  (j) Billing procedures. A bill for
                                             manner possible, consistent with the
                                                                                                      other form) shall be provided without                 collection shall be prepared for each
                                             Presidio Trust’s obligations under the
                                                                                                      charge.                                               request that requires collection of fees.
                                             FOIA and other applicable laws.                                                                                   (k) Collection of fees. The bill for
                                                                                                         (2) Such requesters may not be
                                                (b) Commercial use requests. (1) A                    charged for costs incurred in:                        collection or an accompanying letter to
                                             requester seeking records for                               (i) Examining requested records to                 the requester shall include a statement
                                             commercial use shall be charged fees for                 determine whether they are exempt                     that interest will be charged in
                                             direct costs incurred in document                        from disclosure;                                      accordance with the Debt Collection Act
                                             search and review (even if the search                       (ii) Deleting reasonably segregable                of 1982, 31 U.S.C. 3717, and
                                             and review fails to locate records that                  exempt matter;                                        implementing regulations, 4 CFR
                                             are not exempt from disclosure) and                         (iii) Monitoring the requester’s                   102.13, if the fees are not paid within
                                             duplication.                                             inspection of agency records; or                      30 days of the date of the bill for
                                                (2) A commercial use requester may                       (iv) Resolving legal and policy issues             collection is mailed or hand-delivered
                                             not be charged fees for time spent                       affecting access to requested records.                to the requester. This requirement does
                                             resolving legal and policy issues                           (f) Requests for clarification. Where a            not apply if the requester is a unit of
                                             affecting access to requested records.                   request does not provide sufficient                   State or local government. Other
                                                (c) Educational and noncommercial                     information to determine whether it is                authorities of the Debt Collection Act of
                                             scientific institution requests. (1) A                   covered by paragraph (b), (c), (d), or (e)            1982 shall be used, as appropriate, to
                                             requester seeking records under the                      of this section, the requester should be              collect the fees.
                                             auspices of an educational institution in                asked to provide additional
                                             furtherance of scholarly research or a                   clarification. If it is necessary to seek             PART 1008—REQUESTS UNDER THE
                                             noncommercial scientific institution in                  such clarification, the request may be                PRIVACY ACT
                                             furtherance of scientific research shall                 deemed to have not been received for
                                             be charged for document duplication,                     purposes of the time limits established               ■ 11. The authority citation for part
                                             except that the first 100 pages of paper                 in § 1007.6 until the clarification is                1008 continues to read as follows:
                                             copies (or the equivalent cost thereof if                received. Requests to requesters for                    Authority: Pub. L. 104–333, 110 Stat. 4097
                                             the records are in some other form) shall                clarification shall be made promptly.                 (16 U.S.C. 460bb note); 5 U.S.C. 552a.
                                             be provided without charge.                                 (g) Notice of anticipated fees. Where              ■ 12. Amend § 1008.2 to revise the
                                                (2) Such requesters may not be                        a request does not state a willingness to             definition of individual to read as
                                             charged fees for costs incurred in:                      pay fees as high as anticipated by the                follows:
                                                (i) Searching for requested records;                  Presidio Trust, and the requester has not
                                                (ii) Examining requested records to                   sought and been granted a full waiver of              § 1008.2   Definitions.
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                                             determine whether they are exempt                        fees under § 1007.10, the request may be              *    *     *     *     *
                                             from mandatory disclosure;                               deemed to have not been received for                    Individual means a citizen of the
                                                (iii) Deleting reasonably segregable                  purposes of the time limits established               United States or an alien who is
                                             exempt matter;                                           in § 1007.6 until the requester has been              currently lawfully admitted for
                                                (iv) Monitoring the requester’s                       notified of and agrees to pay the                     permanent residence.
                                             inspection of agency records; or                         anticipated fee. Advice to requesters                 *    *     *     *     *


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                         50835

                                             ■   13. Revise § 1008.9 to read as follows:                 (7) To either House of Congress, or, to            ■ 14. Revise § 1008.10 to read as
                                                                                                      the extent of matter within its                       follows:
                                             § 1008.9   Disclosure of records.                        jurisdiction, any committee or
                                                (a) Prohibition of disclosure. No                     subcommittee thereof, any joint                       § 1008.10   Accounting for disclosures.
                                             record contained in a system of records                  committee of Congress or subcommittee                    (a) Maintenance of an accounting. (1)
                                             may be disclosed by any means of                         of any such joint committee;                          Where a record is disclosed to any
                                             communication to any person, or to                          (8) To the Comptroller General, or any             person, or to another agency, under any
                                             another agency, except pursuant to a                     of his authorized representatives, in the             of the specific exceptions provided by
                                             written request by, or with the prior                    course of the performance of the duties               § 1008.9(c), an accounting shall be
                                             written consent of, the individual to                    of the General Accounting Office;                     made.
                                             whom the record pertains.                                   (9) Pursuant to the order of a court of               (2) The accounting shall record:
                                                (b) General exceptions. The                           competent jurisdiction; or                               (i) The date, nature, and purpose of
                                             prohibition contained in paragraph (a)                      (10) To a consumer reporting agency                each disclosure of a record to any
                                             of this section does not apply where                     in accordance with section 3(d) of the                person or to another agency; and
                                             disclosure of the record would be:                       Federal Claims Collection Act of 1966,                   (ii) The name and address of the
                                                (1) To those officers or employees of                                                                       person or agency to whom the
                                                                                                      as amended (31 U.S.C. 3711(e)).
                                             the Presidio Trust who have a need for                                                                         disclosure was made.
                                                                                                         (d) Reviewing records prior to
                                             the record in the performance of their                                                                            (3) Accountings prepared under this
                                                                                                      disclosure. (1) Prior to any disclosure of
                                             duties; or                                                                                                     section shall be maintained for at least
                                                (2) Required by the Freedom of                        a record about an individual, unless
                                                                                                                                                            five years or the life of the record,
                                             Information Act, 5 U.S.C. 552.                           disclosure is required by the Freedom of
                                                                                                                                                            whichever is longer, after the disclosure
                                                (c) Specific exceptions. The                          Information Act, reasonable efforts shall
                                                                                                                                                            for which the accounting is made.
                                             prohibition contained in paragraph (a)                   be made to ensure that the records are                   (b) Access to accountings. (1) Except
                                             of this section does not apply where                     accurate, complete, timely and relevant               for accountings of disclosures made
                                             disclosure of the record would be:                       for agency purposes.                                  under § 1008.9(b) or 1008.9(c)(5),
                                                (1) For a routine use which has been                     (2) When a record is disclosed in                  accountings of all disclosures of a
                                             described in a system notice published                   connection with a Freedom of                          record shall be made available to the
                                             in the Federal Register;                                 Information Act request made under                    individual to whom the record relates at
                                                (2) To the Bureau of the Census for                   this part and it is appropriate and                   the individual’s request.
                                             purposes of planning or carrying out a                   administratively feasible to do so, the                  (2) An individual desiring access to
                                             census or survey or related activity                     requester shall be informed of any                    an accounting of disclosures of a record
                                             pursuant to the provisions of Title 13,                  information known to the Presidio Trust               pertaining to the individual shall submit
                                             U.S. Code;                                               indicating that the record may not be                 a request by following the procedures of
                                                (3) To a recipient who has provided                   fully accurate, complete, or timely.                  § 1008.13.
                                             the system manager responsible for the                      (e) Notice of court-ordered and                       (c) Notification of disclosure. When a
                                             system in which the record is                            emergency disclosures. (1) Court-                     record is disclosed pursuant to
                                             maintained with advance adequate                         ordered disclosures. When a record                    § 1008.9(c)(9) as the result of the order
                                             written assurance that the record will be                pertaining to an individual is required               of a court of competent jurisdiction,
                                             used solely as a statistical research or                 to be disclosed by a court order, the                 reasonable efforts shall be made to
                                             reporting record, and the record is to be                Presidio Trust will make reasonable                   notify the individual to whom the
                                             transferred in a form that is not                        efforts to provide notice of this to the              record pertains as soon as the order
                                             individually identifiable;                               individual. Notice will be given within               becomes a matter of public record.
                                                (4) To the National Archives and                      a reasonable time after the Presidio
                                                                                                                                                            ■ 15. Revise § 1008.11 to read as
                                             Records Administration as a record                       Trust’s receipt of the order—except that
                                                                                                                                                            follows:
                                             which has sufficient historical or other                 in a case in which the order is not a
                                             value to warrant its continued                           matter of public record, the notice will              § 1008.11 Request for notification of
                                             preservation by the U.S. Government, or                  be given only after the order becomes                 existence of records: Submission.
                                             for evaluation by the Archivist of the                   public. This notice will be mailed to the               (a) Submission of requests. (1)
                                             United States or the designee of the                     individual’s last known address and                   Individuals desiring to determine under
                                             Archivist to determine whether the                       will contain a copy of the order and a                the Privacy Act whether a system of
                                             record has such value;                                   description of the information                        records contains records pertaining to
                                                (5) To another agency or to an                        disclosed. Notice will not be given if                them shall address inquiries to the
                                             instrumentality of any governmental                      disclosure is made from a criminal law                Privacy Act Officer, The Presidio Trust,
                                             jurisdiction within or under the control                 enforcement system of records that has                P.O. Box 29052, San Francisco, CA
                                             of the United States for a civil or                      been exempted from the notice                         94129–0052, unless the system notice
                                             criminal law enforcement activity if the                 requirement.                                          describing the system prescribes or
                                             activity is authorized by law, and if the                   (2) Emergency disclosures. Upon                    permits submission to some other
                                             head of the agency or instrumentality                    disclosing a record pertaining to an                  official or officials.
                                             has made a written request to the                        individual made under compelling                        (2) Individuals desiring to determine
                                             Presidio Trust specifying the particular                 circumstances affecting health or safety,             whether records pertaining to them are
                                             portion desired and the law                              the Presidio Trust will notify that                   maintained in two or more systems shall
                                             enforcement activity for which the                       individual of the disclosure. This notice             make a separate inquiry concerning
                                                                                                      will be mailed to the individual’s last
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                                             record is sought;                                                                                              each system.
                                                (6) To a person pursuant to a showing                 known address and will state the nature                 (b) Form of request. (1) An inquiry to
                                             of compelling circumstances affecting                    of the information disclosed, the person,             determine whether a system of records
                                             the health or safety of an individual if                 organization or agency to which it was                contains records pertaining to an
                                             upon such disclosure notification is                     disclosed, the date of the disclosure,                individual shall be in writing.
                                             transmitted to the last known address of                 and the compelling circumstances                        (2) To expedite processing, both the
                                             such individual;                                         justifying the disclosure.                            envelope containing a request and the


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                                             50836            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             face of the request should bear the                      P.O. Box 29052, San Francisco, CA                     returned to the requester with a written
                                             legend ‘‘PRIVACY ACT INQUIRY.’’                          94129–0052.                                           notice advising the requester of the
                                                (3) The request shall state that the                     (2) To expedite processing, both the               deficiency in the request.
                                             individual is seeking information                        envelope containing a request and the                 ■ 17. Revise § 1008.15 to read as
                                             concerning records pertaining to him or                  face of the request should bear the                   follows:
                                             herself and shall supply such additional                 legend ‘‘PRIVACY ACT REQUEST FOR
                                             identifying information, if any, as is                   ACCESS.’’                                             § 1008.15 Requests for access to records:
                                             called for in the system notice                             (3) Requesters shall specify whether               Initial decision.
                                             describing the system.                                   they seek all of the records contained in               (a) Acknowledgements of requests.
                                                (4) The request must include                          the system which relate to them or only               Upon receipt of a request, the Presidio
                                             verification of the requester’s identity,                some portion thereof. If only a portion               Trust ordinarily will send an
                                             including the requester’s full name,                     of the records which relate to the                    acknowledgement letter to the requester
                                             current address, and date and place of                   individual are sought, the request shall              which will confirm the requester’s
                                             birth. The request must be signed by the                 reasonably describe the specific record               agreement to pay fees and will provide
                                             requester, and the signature must be                     or records sought.                                    an assigned request number for further
                                             notarized or submitted under 28 U.S.C.                      (4) If the requester seeks to have                 reference.
                                             1746, which permits statements to be                     copies of the requested records made,                   (b) Decisions on requests. A request
                                             made under penalty of perjury as a                       the request shall state the maximum                   made under this part for access to a
                                             substitute for notarization.                             amount of copying fees which the                      record shall be granted promptly unless
                                                (5) If the request is made on behalf of               requester is willing to pay. A request                the record:
                                             a minor or someone determined by a                       which does not state the amount of fees
                                                                                                                                                              (1) Was compiled in reasonable
                                             court to be incompetent, for access to                   the requester is willing to pay will be
                                                                                                                                                            anticipation of a civil action or
                                             records about that individual, the                       treated as a request to inspect the
                                                                                                                                                            proceeding; or
                                             requester must establish:                                requested records. Requesters are
                                                (i) The identity of the individual who                further notified that under § 1008.15(d)                (2) Is contained in a system of records
                                             is the subject of the record, by stating                 the failure to state willingness to pay               which has been excepted from the
                                             the name, current address, date and                      fees as high as are anticipated by the                access provisions of the Privacy Act by
                                             place of birth, and, at the requester’s                  Presidio Trust will delay processing of               rulemaking.
                                             option, the Social Security number of                    a request.                                              (c) Authority to deny requests. A
                                             the individual;                                             (5) The request shall supply such                  decision to deny a request for access
                                                (ii) The requester’s identity, as                     identifying information, if any, as is                under this part shall be made by the
                                             required in paragraph 4 above of this                    called for in the system notice                       Privacy Act Officer in consultation with
                                             section;                                                 describing the system.                                the General Counsel.
                                                (iii) That the requester is the parent or                (6) The request must include                         (d) Form of decision. (1) No particular
                                             guardian of that individual, which the                   verification of the requester’s identity,             form is required for a decision granting
                                             requester may prove by providing a                       including the requester’s full name,                  access to a record. The decision shall,
                                             copy of the individual’s birth certificate               current address, and date and place of                however, advise the individual
                                             showing the requester’s parentage or by                  birth. The request must be signed by the              requesting the record as to where and
                                             providing a court order establishing the                 requester, and the signature must be                  when the record is available for
                                             requester’s guardianship; and                            notarized or submitted under 28 U.S.C.                inspection or, as the case may be, where
                                                (iv) That the requester is acting on                  1746, which permits statements to be                  and when copies will be available. If
                                             behalf of that individual in making the                  made under penalty of perjury as a                    fees are due under § 1008.15(e), the
                                             request.                                                 substitute for notarization.                          individual requesting the record shall
                                                (6) Individuals who have reason to                       (7) If the request is made on behalf of            also be notified of the amount of fees
                                             believe that information pertaining to                   a minor or someone determined by a                    due or, if the exact amount has not been
                                             them may be filed under a name other                     court to be incompetent, for access to                determined, the approximate amount of
                                             than the name they are currently using                   records about that individual, the                    fees due.
                                             (e.g., maiden name), shall include such                  requester must establish:                               (2) A decision denying a request for
                                             information in the request.                                 (i) The identity of the individual who             access, in whole or part, shall be in
                                             ■ 16. Revise § 1008.14 to read as                        is the subject of the record, by stating              writing and shall:
                                             follows:                                                 the name, current address, date and                     (i) State the basis for denial of the
                                                                                                      place of birth, and, at the requester’s               request;
                                             § 1008.14 Requests for access to records:                option, the Social Security number of
                                             Submission.                                                                                                      (ii) Contain a statement that the denial
                                                                                                      the individual;                                       may be appealed to the Executive
                                               (a) Submission of requests. (1)                           (ii) The requester’s identity, as
                                             Requests for access to records shall be                                                                        Director pursuant to § 1008.16 by
                                                                                                      required in paragraph 6 above of this
                                             submitted to the Privacy Act Officer                                                                           writing to the Executive Director, The
                                                                                                      section;
                                             unless the system notice describing the                     (iii) That the requester is the parent or          Presidio Trust, P.O. Box 29052, San
                                             system prescribes or permits submission                  guardian of that individual, which the                Francisco, CA 94129–0052; and
                                             to some other official or officials.                     requester may prove by providing a                      (iii) State that the appeal must be
                                               (2) Individuals desiring access to                     copy of the individual’s birth certificate            received by the foregoing official within
                                             records maintained in two or more                        showing the requester’s parentage or by               20 working days of the date of the
                                                                                                                                                            decision.
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                                             separate systems shall submit a separate                 providing a court order establishing the
                                             request for access to the records in each                requester’s guardianship; and                           (3) If the decision denying a request
                                             system.                                                     (iv) That the requester is acting on               for access involves records which fall
                                               (b) Form of request. (1) A request for                 behalf of that individual in making the               under the jurisdiction of another
                                             access to records subject to the Privacy                 request.                                              agency, the individual shall be informed
                                             Act shall be in writing and addressed to                    (8) Requests failing to meet the                   in a written response which shall:
                                             Privacy Act Officer, The Presidio Trust,                 requirements of this paragraph shall be                 (i) State the reasons for the denial;


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                         50837

                                                (ii) Include the name, position title,                must be submitted with respect to each                  (iv) That the petitioner is acting on
                                             and address of the official responsible                  system.                                               behalf of that individual in making the
                                             for the denial; and                                         (2) A petition for amendment of a                  request.
                                                (iii) Advise the individual that an                   record may be submitted only if the                     (7) Petitions failing to meet the
                                             appeal of the declination may be made                    individual submitting the petition has                requirements of this paragraph shall be
                                             only to the appropriate official of the                  previously requested and been granted                 returned to the petitioner with a written
                                             relevant agency, and include that                        access to the record and has inspected                notice advising the petitioner of the
                                             official’s name, position title, and                     or been given a copy of the record.                   deficiency in the petition.
                                             address.                                                    (b) Form of petition. (1) A petition for
                                                (4) Copies of decisions denying                       amendment shall be in writing, shall                  PART 1009—ADMINISTRATIVE
                                             requests for access made pursuant to                     specifically identify the record for                  CLAIMS UNDER THE FEDERAL TORT
                                             paragraphs (d)(2) and (d)(3) of this                     which amendment is sought, and shall                  CLAIMS ACT
                                             section will be provided to the Privacy                  be addressed to the Privacy Act Officer,              ■ 20. The authority citation for part
                                             Act Officer.                                             The Presidio Trust, P.O. Box 29052, San               1009 continues to read as follows:
                                                (e) Fees. (1) No fees may be charged                  Francisco, CA 94129–0052.
                                             for the cost of searching for or reviewing                                                                       Authority: Pub. L. 104–333, 110 Stat. 4097
                                                                                                         (2) To expedite processing, both the               (16 U.S.C. 460bb note); 28 U.S.C. 2672.
                                             a record in response to a request made                   envelope containing a petition and the
                                             under § 1008.14.                                         face of the petition should bear the                  ■   21. Revise § 1009.1 to read as follows:
                                                (2) Unless the Privacy Act Officer                    legend ‘‘PRIVACY ACT PETITION FOR
                                             determines that reduction or waiver of                   AMENDMENT.’’                                          § 1009.1   Purpose.
                                             fees is appropriate, fees for copying a                     (3) The petition shall state, in detail,             The purpose of this part is to establish
                                             record in response to a request made                     the reasons why the petitioner believes               procedures for the filing and settlement
                                             under § 1008.14 shall be charged in                      the record, or the objectionable portion              of claims under the Federal Tort Claims
                                             accordance with the provisions of this                   thereof, is not accurate, relevant, timely            Act (in part, 28 U.S.C. secs. 2401(b),
                                             section and the current schedule of                      or complete. Copies of documents or                   2671–2680, as amended). The officers to
                                             charges determined by the Executive                      evidence relied upon in support of these              whom authority is delegated to settle
                                             Director and published on the Trust’s                    reasons shall be submitted with the                   tort claims shall follow and be guided
                                             website. Such charges shall be set at the                petition.                                             by the regulations issued by the
                                             level necessary to recoup the full                          (4) The petition shall state,                      Attorney General prescribing standards
                                             allowable direct costs to the Trust.                     specifically and in detail, the changes               and procedures for settlement of tort
                                                (3) Where it is anticipated that fees                 sought in the record. If the changes                  claims (28 CFR part 14).
                                             chargeable in connection with a request                  involve rewriting the record or portions              ■ 22. Revise § 1009.4 to read as follows:
                                             will exceed the amount the person                        thereof or involve adding new language
                                             submitting the request has indicated a                                                                         § 1009.4   Payment of claims.
                                                                                                      to the record, the petition shall propose
                                             willingness to pay, the Privacy Act                      specific language to implement the                       (a) In making an award from proceeds
                                             Officer shall notify the requester and                   changes.                                              or revenues of the Presidio Trust, the
                                             shall not complete processing of the                                                                           Presidio Trust will process payment
                                                                                                         (5) The petition must include
                                             request until the requester has agreed, in                                                                     using an agreement signed by the
                                                                                                      verification of the petitioner’s identity,
                                             writing, to pay fees as high as are                                                                            claimant and the Executive Director, or
                                                                                                      including the petitioner’s full name,
                                             anticipated.                                                                                                   his or her designee. In making an award
                                                                                                      current address, and date and place of
                                             ■ 18. Revise § 1008.18 to read as                                                                              from proceeds or revenues not provided
                                                                                                      birth. The petition must be signed by
                                             follows:                                                                                                       for by the Presidio Trust, the Presidio
                                                                                                      the petitioner, and the signature must be
                                                                                                                                                            Trust will process payment as
                                             § 1008.18   Amendment of records.                        notarized or submitted under 28 U.S.C.
                                                                                                                                                            prescribed by 28 CFR 14.10.
                                                                                                      1746, which permits statements to be
                                               The Privacy Act permits individuals                                                                             (b) Prior to payment, appropriate
                                                                                                      made under penalty of perjury as a
                                             to request amendment of records                                                                                releases shall be obtained as provided in
                                                                                                      substitute for notarization.
                                             pertaining to them contained in a                                                                              28 CFR 14.10.
                                             system of records if they believe the                       (6) If the petition is made on behalf of              (c) Any award, compromise, or
                                             records are not accurate, relevant,                      a minor or someone determined by a                    settlement in excess of $25,000 shall be
                                             timely or complete. 5 U.S.C. 552a(d)(2).                 court to be incompetent, for access to                effected only with the prior written
                                             A request for amendment of a record                      records about that individual, the                    approval of the Attorney General or his
                                             shall be submitted in accordance with                    petitioner must establish:                            or her designee.
                                             the procedures in this part.                                (i) The identity of the individual who
                                                                                                      is the subject of the record, by stating              PART 1011—DEBT COLLECTION
                                             ■ 19. Revise § 1008.19 to read as
                                                                                                      the name, current address, date and
                                             follows:                                                                                                       ■ 23. The authority citation for part
                                                                                                      place of birth, and, at the petitioner’s
                                             § 1008.19 Petitions for amendment:                       option, the Social Security number of                 1011 continues to read as follows:
                                             Submission and form.                                     the individual;                                         Authority: 16 U.S.C. 460bb appendix, as
                                               (a) Submission of petitions for                           (ii) The petitioner’s identity, as                 amended.
                                             amendment. (1) A request for                             required in paragraph 5 above of this
                                                                                                                                                            ■ 24. Revise § 1011.4(a)(7) to read as
                                             amendment of a record shall be                           section;
                                                                                                                                                            follows:
                                             submitted to the Privacy Act Officer                        (iii) That the petitioner is the parent
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                                             unless the system notice describing the                  or guardian of that individual, which                 § 1011.4 What notice will the Presidio
                                             system prescribes or permits submission                  the petitioner may prove by providing a               Trust send to a debtor when collecting a
                                             to a different official or officials. If an              copy of the individual’s birth certificate            debt?
                                             individual wishes to request                             showing the petitioner’s parentage or by                (a) * * *
                                             amendment of records located in more                     providing a court order establishing the                (7) The following timelines for the
                                             than one system, a separate petition                     petitioner’s guardianship; and                        referral of a delinquent debt to the FMS:


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                                             50838            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                               (i) That debts over 120 days                             Dated: October 3, 2018.                             number EPA–HQ–OPPT–2018–0649, by
                                             delinquent and eligible for the                          Nancy J. Koch,                                        one of the following methods:
                                             centralized administrative offset                        General Counsel.                                         • Federal eRulemaking Portal: http://
                                             collection actions described in                          [FR Doc. 2018–21969 Filed 10–9–18; 8:45 am]           www.regulations.gov. Follow the online
                                             paragraph (a)(6)(i) of this section must                 BILLING CODE 4310–4R–P                                instructions for submitting comments.
                                             be referred to the FMS for collection                                                                          Do not submit electronically any
                                             (see §§ 1011.10 through 1011.12);                                                                              information you consider to be
                                                                                                      ENVIRONMENTAL PROTECTION                              Confidential Business Information (CBI)
                                               (ii) That debts over 180 days
                                                                                                      AGENCY                                                or other information whose disclosure is
                                             delinquent not previously referred to
                                                                                                                                                            restricted by statute.
                                             the FMS under paragraph (a)(7)(i) of this
                                                                                                      40 CFR Parts 9 and 721                                   • Mail: Document Control Office
                                             section must be referred to the FMS for
                                                                                                      [EPA–HQ–OPPT–2018–0649; FRL–9984–65]                  (7407M), Office of Pollution Prevention
                                             cross servicing debt collection (see
                                                                                                                                                            and Toxics (OPPT), Environmental
                                             § 1011.9).                                               RIN 2070–AB27                                         Protection Agency, 1200 Pennsylvania
                                             *      *    *     *     *                                                                                      Ave. NW, Washington, DC 20460–0001.
                                                                                                      Significant New Use Rules on Certain
                                             ■ 25. Revise § 1011.9(a) to read as                                                                               • Hand Delivery: To make special
                                                                                                      Chemical Substances
                                             follows:                                                                                                       arrangements for hand delivery or
                                                                                                      AGENCY: Environmental Protection                      delivery of boxed information, please
                                             § 1011.9 When will the Presidio Trust                    Agency (EPA).                                         follow the instructions at http://
                                             transfer a debt to the Financial Management              ACTION: Direct final rule.                            www.epa.gov/dockets/contacts.html.
                                             Service for collection?                                                                                           Additional instructions on
                                                                                                      SUMMARY:    EPA is promulgating                       commenting or visiting the docket,
                                                (a) Cross-servicing. Unless a                         significant new use rules (SNURs) under
                                             delinquent debt has previously been                                                                            along with more information about
                                                                                                      the Toxic Substances Control Act                      dockets generally, is available at http://
                                             transferred to the FMS for                               (TSCA) for 28 chemical substances
                                             administrative offset in accordance with                                                                       www.epa.gov/dockets.
                                                                                                      which were the subject of
                                             § 1011.10, the Presidio Trust will                       premanufacture notices (PMNs). The                    FOR FURTHER INFORMATION CONTACT:
                                             transfer any eligible debt that is more                  chemical substances are subject to                       For technical information contact:
                                             than 180 days delinquent to the FMS for                  Orders issued by EPA pursuant to                      Kenneth Moss, Chemical Control
                                             debt collection services, a process                      section 5(e) of TSCA. This action                     Division (7405M), Office of Pollution
                                             known as ‘‘cross-servicing.’’ The                        requires persons who intend to                        Prevention and Toxics, Environmental
                                             Presidio Trust may transfer debts                        manufacture (defined by statute to                    Protection Agency, 1200 Pennsylvania
                                             delinquent 180 days or less to the FMS                   include import) or process any of these               Ave. NW, Washington, DC 20460–0001;
                                             in accordance with the procedures                        28 chemical substances for an activity                telephone number: (202) 564–9232;
                                             described in 31 CFR 285.12. The FMS                      that is designated as a significant new               email address: moss.kenneth@epa.gov.
                                             takes appropriate action to collect or                   use by this rule to notify EPA at least                  For general information contact: The
                                             compromise the transferred debt, or to                   90 days before commencing that                        TSCA—Hotline, ABVI-Goodwill, 422
                                             suspend or terminate collection action                   activity. The required notification                   South Clinton Ave. Rochester, NY
                                             thereon, in accordance with the                          initiates EPA’s evaluation of the                     14620; telephone number: (202) 554–
                                             statutory and regulatory requirements                    intended use within the applicable                    1404; email address: TSCA—Hotline@
                                             and authorities applicable to the debt                   review period. Persons may not                        epa.gov.
                                             and the collection action to be taken.                   commence manufacture or processing                    SUPPLEMENTARY INFORMATION:
                                             Appropriate action includes, without                     for the significant new use until EPA
                                                                                                      has conducted a review of the notice,                 I. General Information
                                             limitation, contact with the debtor,
                                                                                                      made an appropriate determination on                  A. Does this action apply to me?
                                             referral of the debt to the Treasury
                                                                                                      the notice, and has taken such actions
                                             Offset Program, private collection                                                                               You may be potentially affected by
                                                                                                      as are required with that determination.
                                             agencies or the Department of Justice,                                                                         this action if you manufacture, process,
                                                                                                      DATES: This rule is effective on
                                             reporting of the debt to credit bureaus,                                                                       or use the chemical substances
                                                                                                      December 10, 2018. For purposes of
                                             and administrative wage garnishment.                                                                           contained in this rule. The following list
                                                                                                      judicial review, this rule shall be
                                             *      *     *    *      *                               promulgated at 1 p.m. (e.s.t.) on October             of North American Industrial
                                                                                                      24, 2018.                                             Classification System (NAICS) codes is
                                             ■ 26. Revise § 1011.10(a)(1) to read as
                                                                                                         Written adverse comments on one or                 not intended to be exhaustive, but rather
                                             follows:                                                                                                       provides a guide to help readers
                                                                                                      more of these SNURs must be received
                                             § 1011.10 How will the Presidio Trust use                on or before November 9, 2018 (see Unit               determine whether this document
                                             administrative offset (offset of non-tax                 VI. of the SUPPLEMENTARY INFORMATION).                applies to them. Potentially affected
                                             federal payments) to collect a debt?                     If EPA receives written adverse                       entities may include:
                                                                                                      comments, on one or more of these                       • Manufacturers or processors of one
                                               (a) Centralized administrative offset
                                                                                                      SNURs before November 9, 2018, EPA                    or more subject chemical substances
                                             through the Treasury Offset Program. (1)                                                                       (NAICS codes 325 and 324110), e.g.,
                                                                                                      will withdraw the relevant sections of
                                             The Presidio Trust will refer any eligible               this direct final rule before its effective           chemical manufacturing and petroleum
                                             debt over 120 days delinquent to the                     date.                                                 refineries.
daltland on DSKBBV9HB2PROD with RULES




                                             Treasury Offset Program for collection                      For additional information on related                This action may also affect certain
                                             by centralized administrative offset. The                reporting requirement dates, see Units                entities through pre-existing import
                                             Presidio Trust may refer any eligible                    I.A., VI., and VII. of the SUPPLEMENTARY              certification and export notification
                                             debt less than 120 days delinquent to                    INFORMATION.                                          rules under TSCA. Chemical importers
                                             the Treasury Offset Program for offset.                  ADDRESSES: Submit your comments,                      are subject to the TSCA section 13 (15
                                             *     *     *    *    *                                  identified by docket identification (ID)              U.S.C. 2612) import certification


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Document Created: 2018-10-10 17:38:11
Document Modified: 2018-10-10 17:38:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThese final rules are effective November 15, 2018.
ContactSteve Carp, Legal Analyst, (415) 561- 5300, [email protected]
FR Citation83 FR 50826 
RIN Number3212-AA08, 3212-AA09, 3212-AA10 and 3212-AA11
CFR Citation36 CFR 1007
36 CFR 1008
36 CFR 1009
36 CFR 1011
CFR AssociatedAdministrative Practice and Procedure; Archives and Records; Freedom of Information; National Parks; Natural Resources; Public Lands; Records; Recreation and Recreation Areas; Personally Identifiable Information; Privacy; Claims; Tort Claims; Credit; Debt Collection; Government Employees; Reporting and Recordkeeping Requirements and Wages

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