factors as to disclosure under §1504.204(b) through (d) the public interest is against disclosure. Thus, the OFI Freedom of Information Officer will then deny the FOIA request as per §1504.312 of subpart C, subject to the petitioner's ongoing assistance to the OFI in defense of any proceeding that might thereafter be brought to compel the OFI to disclose the "business" information.

(d) Any information designated "'business' petition pending," which is released pursuant to a joint federal/ state agreement or any other arrangement, shall not be released to the public by the State or any other entity receiving it unless the OFI General Counsel has made a determination otherwise.

(e) To the extent that a state agency or any other entity does not agree in advance to §1504.208(d), the OFI will not release such information to it.

(f) The OFI Freedom of Information Officer will immediately advise the petitioner (submitter of the information at issue) of:

(1) The determinations made pursuant to either $1504.208(c)(1) or (c)(2); and

(2) The fact that the information at issue will be publicly disclosed ten calendar days after the determination.

Subpart C-Public Requests for Information

§ 1504.301 Purpose and scope.

(a) This subpart describes the procedures by which records may be obtained from the Office of the Federal Inspector for the Alaska Natural Gas Transportation System (OFI), in accord with the Freedom of Information Act, 5 U.S.C. 552. That provision of law requires that this agency, "upon any request (other than that made by another Federal agency) for records which (1) reasonably describes such records, and (2) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person."

(b) The procedures in this subpart do not apply to requests for records published in the FEDERAL REGISTER, for

materials which are legally owned by OFI employees in their personal capacity, and for materials which are readily available to the public, such as books, journals, perodicals and other copyrighted materials available through reference libraries, even if such materials are in OFI's possession.

§ 1504.302 Policy on disclosure of OFI records.

(a) The OFI will make records available to the public, to the greatest extent possible in keeping with:

(1) The spirit of the Freedom of Information Act;

(2) The rights of individuals to privacy;

(3) The designation of any document as "sensitive” and “business” information which the OFI will give special treatment (pursuant to subpart B of this part); and

(4) The need to promote frank internal policy deliberations and to pursue official activities without undue disruption.

(b) All OFI records shall be available to the public upon request, unless disclosure is prohibited by court order, Executive Order, statute, provision of this subsection, or an exemption under the Freedom of Information Act.

$1504.305 Where and to whom requests for OFI records should be sent.

(a) Although OFI records may be located in one or more of the OFI's branch offices, all requests for OFI records should be sent to OFI Headquarters, addressed to: Office of the Federal Inspector, Alaska Natural Gas Transportation System Freedom of Information Officer Room 3413, Post Office Building 12th and Pennsylvania Avenue, N.W. Washington, D.C. 20044

(b) To the extent that a request is received by a branch office of the OFI, the request will not be deemed received by the OFI until received at OFI headquarters, following transmission by the branch office.

$1504.306 Form of request.

A request shall be made in writing and shall reasonably describe the records sought in a way that will permit their identification and location. If such information is available, the request should identify the subject matter of the records, the date when it was made, the person(s) or the office which made the records, the present custodian of the records, and any other information which will assist in the location of the requested records.

§ 1504.307 Requests which do not reasonably describe records sought.

(a) If the description of the records sought in the request is not sufficient to allow the OFI to identify and locate the requested records, the OFI will notify the requestor that the request cannot be processed further until additional information is furnished.

(b) The OFI will make reasonable effort to assist in the identification and description of records sought and to assist the requestor in formulating his request.

(c) If a request is described in general terms (e.g., all records having to do with a certain area), the OFI may communicate with the requestor with a view towards reducing the administrative burden of processing a broad request and minimizing the fees payable by the requestor.

§ 1504.308 Responsibilities of Freedom of Information Officer.

(a) Upon receipt of a written request, the Freedom of Information Officer shall mark the request with the date of receipt, indicate the date by which a response is due, and note any other pertinent administrative information. The Freedom of Information Officer shall monitor the handling of the initial request and any appeals to ensure a timely response.

(b) The Freedom of Information Officer shall maintain a file concerning each initial request and any appeals received. This file shall contain a copy of the request, initial and appeal determinations, and other pertinent correspondence and records.

(c) The Freedom of Information Officer shall collect and maintain the information necessary to compile the reports required by 5 U.S.C. 552(d).

§ 1504.309 Time allowed for issuance of initial determination.

(a) Except as otherwise provided in this section, the Freedom of Information Officer shall not later than the tenth working day after the date of receipt of a request for records, issue a written determination to the requestor, stating:

(1) Which of the requested records will, and which will not, be released; and

(2) The reason for any denial of a request.

(b) The period of 10 working days shall be measured from the date the request is first received, pursuant to § 1504.305 of this part.

(c) There shall be excluded from the period of 10 working days (or any extension thereof) any time which elapses between the date when a requestor is notified by the OFI that his request does not reasonably identify the records sought and the date when the requestor furnishes a reasonable identification.

(d) There shall also be excluded from the period of 10 working days (or any extension thereof) any time which elapses between the date when a requestor is notified by the OFI that prepayment of fees is required and the date when the requestor pays, or

makes suitable arrangements to pay such charges. See §1504.318(c).

(e) The OFI may extend the basic 10day period established under §1504.309(a) by a period not to exceed 10 additional working days by furnishing written notice to the requestor, within the basic 10-day period, stating the reasons for such extension and the date by which the OFI expects to be able to issue a determination. The period may be so extended only when absolutely necessary, only for the period required, and only when one or more of the following circumstances require the extension:

(1) There is a need to search for and collect the requested records from field facilities;

(2) There is a need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) There is a need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request (or among two or more components of the OFI).

(f) Failure of the OFI to issue a determination within the 10-day period (together with any authorized extensions) shall constitute final agency action, which authorizes the requestor to commence an action in an appropriate Federal District Court to obtain the records.

§ 1504.310 Records of other Federal agencies.

(a) If the release of a record would be of concern to both the OFI and another Federal agency, the record will be made available by the OFI only if the interest of OFI is the primary interest. The OFI has the primary interest in a record if it was developed pursuant to OFI regulations, directives, or request, even though the record originated outside the OFI.

(b) If the OFI does not have primary interest in the records, the request shall be referred in writing to the agency having the primary interest and the requestor will be so notified.

§ 1504.311 Records obtained from the public; notice to the donor.

(a) If a requested record was obtained by the OFI from a person or entity outside the Government, the OFI official responsible for processing the request shall, before making a decision on the request and when it is administratively feasible to do so, seek the views of that person or entity in writing on whether the record should be released.

(b) For "sensitive" or "business" information, notice to the entity providing the information is required and governed by subpart B of this part.

§ 1504.312 Initial denial of a request.

(a) An initial denial of a request may be issued only for one or more of the following reasons:

(1) The record requested is not known to exist;

(2) The record is not in the OFI's possession;

(3) A statutory provision, a provision of this part, a court order, or an Executive Order requires that the information not be disclosed;

(4) The record is exempt from mandatory disclosure under 5 U.S.C. 552(b), and the OFI has decided that the public interest would not be served by disclosure; or

(5) The record is believed to exist in OFI's possession but has not yet been located (see § 1504.312(e)).

(b) Each initial determination to deny a request shall be written, signed, and dated, and it shall state the basis for denial of a record or any part of a record.

(c) The written denial of a request shall include the name and title of the person(s) participating in a decision to deny that request.

(d) The denial shall state the administrative procedure for appealing a determination against releasing any record or part of a record.

(e) When a request must be denied because the record has not yet been located (although it is believed to exist in OFI's possession), the OFI office responsible for maintaining the record shall both continue to search diligently (until it is located or it appears that the record does not exist or is not in OFI's possession), and also periodically

inform the requestor of the office's progress.

$1504.313 Appeal from an initial denial.

(a) Any person whose request has been denied in whole or in part by an initial determination may appeal that denial by addressing a written appeal to the address shown in § 1504.305.

(b) An appeal should be mailed no later than 30 calendar days after the date the requestor received the initial determination denying the request. An untimely appeal may be treated either as a timely appeal or as a new request, at the option of the Freedom of Information Officer.

(c) The appeal letter shall contain the date of the initial determination, and the name and address of the person who issued the initial denial. The appeal letter shall also indicate which of the records, to which access was denied, are the subject of the appeal.

1504.314 Appeal determination.

(a) The Federal Inspector will make one of the following legal determinations in connection with every appeal from the initial denial of a request for an existing, located record:

(1) The record must be disclosed;

(2) The record must not be disclosed, because a statute or a provision of this part so requires; or

(3) The record is exempt from mandatory disclosure but legally may be disclosed as a matter of OFI discretion.

(b) The Federal Inspector may decide to delegate his authority over the appeal process.

1504.315 Contents of determination denying appeal.

A determination denying an appeal from an initial denial shall contain the following:

(a) It shall be in writing;

(b) It shall state which of the exemptions in 5 U.S.C. 552(b) apply to each requested existing record;

(c) It shall state the reason(s) for denial of the appeal;

(d) It shall also state the name and position of the OFI officer or employee who made the decision that the appeal be denied; and

(e) It shall further state that the person whose request was denied may obtain judicial review of the denial by complaint filed with the District Court of the United States in the District in which the complainant resides, in which the OFI records are situated, or in the District of Columbia, pursuant to 5 U.S.C. 552(a)(4).

§ 1504.316 Time allowed for issuance of appeal determination.

(a) Except as otherwise provided in this section, the Federal Inspector shall-no later than the twentieth working day after the date of receipt by the Freedom of Information Officer at OFI Headquarters of an appeal from an initial denial of a request for records-issue a written determination stating which of the requested records (as to which an appeal was made) shall be disclosed and which shall not be disclosed.

(b) The period of 20 working days shall be measured from the date when an appeal is first received by the Freedom of Information Officer at OFI Headquarters.

(c) The Federal Inspector may extend the basic 20-day period established under § 1504.316(a) by a period not to exceed 10 additional working days, by furnishing written notice to the requestor within the basic 20-day period, stating the reasons for such extension and the date by which the Federal Inspector expects to be able to issue a determination. The period may be so extended only when absolutely necessary, only for the period required, and only when one or more of the following circumstances require the extension:

(1) There is a need to search for and collect the records from field facilities or other establishments that are separate from the office processing the appeal;

(2) There is a need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) There is a need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the deter

mination of the request, or among two or more components of the OFI.

§ 1504.317 Exemption categories.

(a) 5 U.S.C. 552(b) establishes nine exclusive categories of matters which are exempt from the mandatory disclosure requirements of 5 U.S.C. 552(a). No request under 5 U.S.C. 552 for an existing, located record in the OFI's possession shall be denied by any OFI office or employee, unless the record contains (or its disclosure would reveal) matters which are:

(1) Specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order (See subpart B or this part);

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

(3) Specifically exempted from disclosure by statute, other than 5 U.S.C. 552(b): 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 (See subpart B of this part);

(5) Interagency or intra-agency memoranda or letters which would not be available by law to a party, other than an agency, in litigation with the agency;

(6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would:

(i) Interfere with enforcement proceedings,

(ii) Deprive a person of a right to a fair trial or an impartial adjudication, (iii) Constitute an unwarranted invasion of personal privacy,

(iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law en

forcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,

(v) Disclose investigative techniques and procedures, or

(vi) Endanger the life or physical safety of law enforcement personnel;

(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.

(b) The fact that the applicability of an exemption permits the withholding of a requested record (or portion thereof) does not necessarily mean that the record must or should be withheld.

§ 1504.318 Fees; payment; waiver.

(a) Fee schedule. Fees will be charged requestors for searching for and reproducing requested records, in accordance with the following schedule: Record search time (OFI employees), $5.00 per half hour; computer programming time (OFI employees), $16.00 per half hour; reproduction of documents (paper copy of original), $0.20 per page; and other costs of searching for or duplicating records (including such items as: computer system time; contractor computer programming time; reproduction of photographs, microforms, or magnetic tape; computer printouts; and transportation of records), actual direct cost to the OFI.

(b) Method of payment. All fee payments shall be in the form of a check or money order payable to the order of the "U.S. Treasury" and shall be addressed to: Office of the Federal Inspector, Alaska Natural Gas Transportation System, Division of Financial Management, Room 1409, Post Office Building, 12th & Pennsylvania Ave. NW., Washington, D.C. 20044.

(c) Prepayment or assurance of payment. If the OFI determines or estimates that the unpaid fees attributable to one or more requests by the same requestor exceed or will exceed $25.00, OFI need not search for, duplicate, or