1625-0015 Stat/Authority

Office of the Secretary of Transportation
identify the information sought or the
disputed issues and shall explain why
the additional proceedings are necessary to resolve the issues.
§ 6.33

PART 7—PUBLIC AVAILABILITY OF
INFORMATION
Subpart A—General Provisions

Decision.

Sec.
7.1 General.
7.2 Definitions.

The administrative law judge shall
issue an initial decision on the application as soon as possible after completion of proceedings on the application.
The decision shall also include, if at
issue, findings on whether the Department’s position was substantially justified, whether the applicant unduly
protracted the proceedings, or whether
special circumstances make an award
unjust. If the applicant has sought an
award against more than one agency,
the decision shall allocate responsibility for payment or any award made
among the agencies, and shall explain
the reasons for the allocation made.
§ 6.35

Subpart B—Information Required To Be
Made Public by DOT
7.3
7.4
7.5

Publication in the FEDERAL REGISTER.
Publication required.
Availability of opinions, orders, staff
manuals, statements of policy, and interpretations and indices.
7.6 Deletion of identifying detail.
7.7 Access to materials and indices.
7.8 Copies.
7.9 Protection of records.
7.10 Public records.

Subpart C—Availability of Reasonably Described Records Under the Freedom of
Information Act

Agency review.

Where Department review of the underlying decision is permitted, either
the applicant or agency counsel, may
seek review of the initial decision on
the fee application, or the Department
may decide to review the decision on
its own initiative. If neither the applicant nor the agency counsel seeks review within 30 days after the decision
is issued, it shall become final.
§ 6.37

7.11
7.12
7.13
7.14
7.15

Applicability.
Administration of subpart.
Records available.
Requests for records.
Contacts for records requested under
the FOIA.
7.16 Requests for records of concern to more
than one government organization.
7.17 Consultation with submitters of commercial and financial information.

Subpart D—Procedures for Appealing Decisions Not To Disclose Records and/or
Waive Fees

Judicial review.

Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2).

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§ 6.39

Pt. 7

7.21

General.

Subpart E—Time Limits

Payment of award.
7.31
7.32
7.33

An applicant seeking payment of an
award from the Department of Transportation or any of its operating administrations under this part shall submit a copy of the Department of Transportation’s or any of its operating administration’s final decisions granting
the award, accompanied by a statement that the applicant will not seek
review of the decision in the United
States courts. The copy of the decision
and the statement should be submitted
to the head of the affected operating
administration or the Secretary of
Transportation, where the Department
of Transportation, Office of the Secretary, has initiated the proceedings.

Initial determinations.
Final determinations.
Extension.

Subpart F—Fees
7.41
7.42
7.43
7.44

General.
Payment of fees.
Fee schedule.
Services performed without charge or
at a reduced charge.
7.45 Transcripts.
7.46 Alternative sources of information.
AUTHORITY: 5 U.S.C. 552; 31 U.S.C. 9701; 49
U.S.C. 322; E.O. 12600, 3 CFR, 1987 Comp., p.
235.
SOURCE: Amdt. 1, 63 FR 38331, July 16, 1998,
unless otherwise noted.

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§ 7.1

49 CFR Subtitle A (10–1–09 Edition)
appear in § 7.15. This definition specifically excludes the Surface Transportation Board, which has its own FOIA
regulations (49 CFR Part 1001):
(1) Federal Aviation Administration,
(2) Federal Highway Administration,
(3) Federal Motor Carrier Safety Administration,
(4) Federal Railroad Administration,
(5) National Highway Traffic Safety
Administration,
(6) Federal Transit Administration,
(7) Saint Lawrence Seaway Development Corporation,
(8) Maritime Administration,
(9) Pipeline and Hazardous Materials
Safety Administration, and
(10) Research and Innovative Technology Administration.
Primary Electronic Access Facility
means the electronic docket facility in
the DOT Headquarters Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
Reading room records are those
records required to be made available
to the public under 5 U.S.C. 552(a)(2) as
described in § 7.5 of Subpart B of this
part. These records are made available
through DOT’s Primary Electronic Access Facility. Other records may also
be made available at DOT’s discretion
at DOT inspection facilities, including
DOT’s Primary Electronic Access Facility.
Record includes any writing, drawing,
map, recording, tape, film, photograph,
or other documentary material by
which information is preserved. The
term also includes any such documentary material stored by computer.
Responsible DOT official means the
head of the DOT component concerned,
or the General Counsel or the Inspector
General, as the case may be, or the designee of any of them, authorized to
take an action under this part.
Secretary means the Secretary of
Transportation or any person to whom
the Secretary has delegated authority
in the matter concerned.

Subpart A—General Provisions

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§ 7.1 General.
(a) This part implements 5 U.S.C. 552,
and prescribes rules governing the
availability to the public of DOT
records. Many documents are made
available to the public for inspection
and copying through DOT’s Primary
Electronic Access Facility and public
record unit locations that are discussed
in subpart B of this part, which contains the DOT regulations concerning
the availability to the public of opinions issued in the adjudication of cases,
policy issuances, administrative manuals, and other information made available to the public, without need for a
specific request.
(b) Subpart C of this part describes
the records that are not required to be
disclosed on DOT’s own action under
this part, but that may be available
upon request under FOIA.
(c) Indices are maintained to reflect
all records subject to subpart B of this
part, and are available for public inspection and copying as provided in
subpart B.
§ 7.2 Definitions.
Unless the context requires otherwise, the following definitions apply in
this part:
Act and FOIA mean the Freedom of
Information Act, 5 U.S.C. 552, as
amended.
Administrator means the head of each
component of DOT and includes the
Under Secretary for Security, the Commandant of the Coast Guard, the Inspector General, and the Director of
the Bureau of Transportation Statistics.
Concurrence means that the approval
of the person being consulted is required in order for the subject action
to be taken.
Consultation means that the approval
of the person being consulted is not required in order for the subject action
to be taken.
Department means the Department of
Transportation, including the Office of
the Secretary, the Office of Inspector
General, and the following DOT components, all of which may be referred to
as DOT components. Means of contacting each of these DOT components

[Amdt. 1, 63 FR 38331, July 16, 1998, as amended at 67 FR 54746, Aug. 26, 2002; 73 FR 33328,
June 12, 2008]

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Office of the Secretary of Transportation

Subpart B—Information Required
To Be Made Public by DOT

§ 7.5 Availability of opinions, orders,
staff manuals, statements of policy,
and interpretations and indices.

§ 7.3 Publication in the Federal Register.

(a) This section implements 5 U.S.C.
552(a)(2). It prescribes the rules governing the availability for public inspection and copying of the following
reading room materials:
(1) Any final opinion (including a
concurring or dissenting opinion) or
order made in the adjudication of a
case.
(2) Any policy or interpretation that
has been adopted under DOT authority,
including any policy or interpretation
concerning a particular factual situation, if that policy or interpretation
can reasonably be expected to have
precedential value in any case involving a member of the public in a similar
situation.
(3) Any administrative staff manual
or instruction to staff that affects any
member of the public, including the
prescribing of any standard, procedure,
or policy that, when implemented, requires or limits any action of any
member of the public or prescribes the
manner of performance of any activity
by any member of the public. However,
this does not include staff manuals or
instructions to staff concerning internal operating rules, practices, guidelines, and procedures for DOT inspectors, investigators, law enforcement officers, examiners, auditors, and negotiators and other information developed predominantly for internal use,
the release of which could significantly
risk circumvention of agency regulations or statutes.
(4) Copies of all records, regardless of
form or format, that have been released to any person under subpart C of
this part and which, because of the nature of their subject matter, a DOT
component determines have become or
are likely to become the subject of subsequent requests for substantially the
same records.
(5) A general index of the records listed in this paragraph.
(b) Any material listed in paragraph
(a) of this section that is not made
available for public inspection and
copying, or that is not indexed as required by § 7.7, may not be cited, relied

This section implements 5 U.S.C.
552(a)(1), and prescribes rules governing
publication in the FEDERAL REGISTER
of the following:
(a) Descriptions of DOT’s organization, including its DOT components
and the established places at which,
the officers from whom, and the methods by which, the public may secure information and make submittals or obtain decisions;
(b) Statements of the general course
and methods by which DOT’s functions
are channeled and determined, including the nature and requirements of all
formal and informal procedures available;
(c) Rules of procedure, descriptions of
forms available or the places at which
forms may be obtained, and instructions as to the scope and contents of
all papers, reports, or examinations;
(d) Substantive rules of general applicability adopted as authorized by
law and statements of general policy or
interpretations of general applicability
formulated and adopted by DOT; and
(e) Each amendment, revision, or repeal of any material listed in paragraphs (a) through (d) of this section.
§ 7.4

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§ 7.5

Publication required.

(a) General. The material described in
§ 7.3 will be published in the FEDERAL
REGISTER. For the purposes of this
paragraph, material that will reasonably be available to the class of persons
affected by it will be considered to be
published in the FEDERAL REGISTER if
it has been incorporated by reference
with the approval of the Director of the
Federal Register.
(b) Effect of nonpublication. Except to
the extent that he/she has actual and
timely notice of the terms thereof, a
person may not in any manner be required to resort to, or be adversely affected by, any procedure or matter required to be published in the FEDERAL
REGISTER, but not so published.

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§ 7.6

49 CFR Subtitle A (10–1–09 Edition)

on, or used as precedent by DOT to affect any member of the public adversely unless the person to whose detriment it is relied on, used, or cited has
had actual timely notice of the material.
(c) This section does not apply to material that is published in the FEDERAL
REGISTER or covered by subpart C of
this part.

§ 7.8

§ 7.6

§ 7.9

Deletion of identifying detail.

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Protection of records.

(a) Records made available for inspection and copying may not be removed, altered, destroyed, or mutilated.
(b) 18 U.S.C. 641 provides for criminal
penalties for embezzlement or theft of
government records.
(c) 18 U.S.C. 2071 provides for criminal penalties for the willful and unlawful concealment, mutilation or destruction of, or the attempt to conceal,
mutilate, or destroy, government
records.

Whenever it is determined to be necessary to prevent a clearly unwarranted invasion of personal privacy,
identifying details will be deleted from
any record covered by this subpart that
is published or made available for inspection. Whenever it is determined to
be necessary to prevent the disclosure
of information required or authorized
to be withheld by another Federal statute, such information shall be deleted
from any record covered by this subpart that is published or made available for inspection. A full explanation
of the justification for the deletion will
accompany the record published or
made available for inspection.
§ 7.7

Copies

Copies of any material covered by
this subpart that is not published and
offered for sale may be ordered, upon
payment of the appropriate fee, from
the Docket Offices listed in § 7.10. Copies will be certified upon request and
payment of the fee prescribed in
§ 7.43(f).

§ 7.10

Public records.

Publicly available records are located in DOT’s Primary Electronic Access Facility at 1200 New Jersey Avenue, SE., Washington, DC 20590.
(a) The Primary Electronic Access
Facility maintains materials for the
Office of the Secretary, including
former Civil Aeronautics Board material, and materials for the DOT components. This facility is located at Room
W94–128, and the hours of operation are
10:00–17:00 eastern time.
(b) Certain DOT components also
maintain public record units at regional offices. These facilities are open
to the public Monday through Friday
except Federal holidays, during regular
working hours. The Saint Lawrence
Seaway Development Corporation has
facilities at 180 Andrews Street,
Massena, New York 13662–0520.
(c) Operating Administrations may
have separate facilities for manual
records. Additional information on the
location and hours of operations for inspection facilities can be obtained
through DOT’s Primary Electronic Access Facility, at (202) 366–9322.

Access to materials and indices.

(a) Except as provided in paragraph
(b) of this section, material listed in
§ 7.5 will be made available for inspection and copying to any member of the
public at DOT document inspection facilities. It has been determined that it
is unnecessary and impracticable to
publish the index of materials in the
FEDERAL REGISTER. Information as to
the kinds of materials available at
each facility may be obtained from the
facility or the headquarters of the DOT
component of which it is a part.
(b) The material listed in § 7.5 that is
published and offered for sale will be
indexed, but is not required to be kept
available for public inspection. Whenever practicable, however, it will be
made available for public inspection at
the appropriate DOT reading room.
(c) Each DOT component will also
make the reading room records identified in section 7.5(a) that are created
by DOT on or after November 1, 1996,
available electronically. This includes
indices of its reading room records as
required by law after December 1, 1999.

[73 FR 33328, June 12, 2008]

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Office of the Secretary of Transportation

nection with defined groups of records.
However, each Administrator may redelegate the duties under subpart D of
this part to consider appeals of initial
denials of requests for records only to
his or her deputy or to not more than
one other officer who reports directly
to the Administrator and who is located at the headquarters of that DOT
component.

Subpart C—Availability of Reasonably
Described
Records
Under the Freedom of Information Act
§ 7.11 Applicability.
(a) This subpart implements 5 U.S.C
552(a)(3), and prescribes the regulations
governing public inspection and copying of reasonably described records
under FOIA.
(b) This subpart does not apply to:
(1) Records published in the FEDERAL
REGISTER, opinions in the adjudication
of cases, statements of policy and interpretations, and administrative staff
manuals that have been published or
made available under subpart B of this
part.
(2) Records or information compiled
for law enforcement purposes and covered by the disclosure exemption described in § 7.13(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
a criminal law enforcement component
of DOT 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.

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§ 7.13

§ 7.13

Records available.

(a) Policy. It is DOT policy to make
its records available to the public to
the greatest extent possible, in keeping
with the spirit of FOIA. This includes
providing reasonably segregable information from documents that contain
information that may be withheld.
(b) Statutory disclosure requirement.
FOIA requires that DOT, on a request
from a member of the public submitted
in accordance with this subpart, make
requested records available for inspection and copying.
(c) Statutory exemptions. Exempted
from FOIA’s statutory disclosure requirement are matters that are:
(1)(i) Specifically authorized under
criteria established by Executive Order
to be kept secret in the interest of national defense or foreign policy, and
(ii) 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 mandatory disclosure by statute (other
than the Privacy Act or the Government in the Sunshine Act), provided
that such statute—
(i) Requires that the matters be withheld from the public in such a manner
as to leave not any discretion on the
issue, or
(ii) Establishes particular criteria for
withholding or refers to 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 that would
not be available by law to a party
other than an agency in litigation with
the agency;

§ 7.12 Administration of subpart.
Authority to administer this subpart
and to issue determinations with respect to initial requests is delegated as
follows:
(a) To the General Counsel for the
records of the Office of the Secretary
other than the Office of Inspector General.
(b) To the Inspector General for
records of the Office of Inspector General.
(c) To the Administrator of each DOT
component, who may redelegate to officers of that administration the authority to administer this part in con-

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§ 7.14

49 CFR Subtitle A (10–1–09 Edition)

(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, Tribal,
or foreign agency or authority or any
private institution that 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) Deleted information. The amount of
information deleted from frequentlyrequested electronic records that are
available in a public reading room will
be indicated on the released portion of
the record, unless doing so would harm
an interest protected by the exemption
concerned. If technically feasible, the
amount of information deleted will be

indicated at the place in the record
where the deletion is made.
§ 7.14 Requests for records.
(a) Each person desiring access to or
a copy of a record covered by this subpart shall comply with the following
provisions:
(1) A written request must be made
for the record.
(2) Such request should indicate that
it is being made under FOIA.
(3) The envelope in which a mailed
request is sent should be prominently
marked: ‘‘FOIA.’’
(4) The request should be addressed
to the appropriate office as set forth in
§ 7.15.
(5) The request should state the format (e.g., paper, microfiche, computer
diskette, etc.) in which the information
is sought, if the requestor has a preference.
(b) If the requirements of paragraph
(a) of this section are not met, treatment of the request will be at the discretion of the agency. The twenty-day
limit for responding to requests, described in § 7.31, will not start to run
until the request has been identified, or
would have been identified with the exercise of due diligence, by an employee
of DOT as a request pursuant to FOIA
and has been received by the office to
which it should have been originally
sent.
(c) Form of requests. (1) Each request
should describe the particular record to
the fullest extent possible. The request
should describe the subject matter of
the record, and, if known, indicate the
date when it was made, the place where
it was made, and the person or office
that made it. If the description does
not enable the office handling the request to identify or locate the record
sought, that office will notify the requestor and, to the extent possible, indicate the additional data required.
(2) Each request shall—
(i) Specify the fee category (commercial use, news media, educational institution, noncommercial scientific institution, or other) in which the requestor
claims the request to fall and the basis
of this claim (see subpart F of this part
for fees and fee waiver requirements),
(ii) State the maximum amount of
fees that the requestor is willing to pay

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Office of the Secretary of Transportation
or include a request for a fee waiver,
and
(iii) A request seeking a fee waiver
shall, to the extent possible, address
why the requestor believes that the criteria for fee waivers set out in § 7.44(f)
are met.
(3) Requesters are advised that the
time for responding to requests set
forth in subpart E will not begin to
run—
(i) If a requestor has not sufficiently
identified the fee category applicable
to the request,
(ii) If a requestor has not stated a
willingness to pay fees as high as anticipated by DOT,
(iii) If a fee waiver request is denied
and the requestor has not included an
alternative statement of willingness to
pay fees as high as anticipated by DOT,
or
(iv) If a fee waiver request does not
address fee waiver criteria.
(d) 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 DOT determines
that creating a new record will be less
burdensome than disclosing large volumes of unassembled material, DOT
may, in its discretion, agree to creation of a new record as an alternative
to disclosing existing records. Records
will be provided in the form or format
sought by the requestor if the record is
readily reproducible in the requested
format.
(e) Search for records. (1) Each record
made available under this subpart will
be made available for inspection and
copying during regular business hours
at the place where it is located, or
photocopying may be arranged with
the copied materials being mailed to
the requestor upon payment of the appropriate fee. Original records ordinarily will be copied except in this instance where, in DOT’s judgment,

§ 7.15
copying would endanger the quality of
the original or raise the reasonable
possibility of irreparable harm to the
record. In these instances, copying of
the original would not be in the public
interest. In any event, original records
will not be released from DOT custody.
Original records, regardless of format,
may be returned to agency service
upon provision of a copy of the record
to the requestor, or, in the case of a denial, upon creation and retention of a
copy of the original for purposes of
FOIA processing.
(2) DOT will make a reasonable effort
to search for requested records in electronic form or format, unless doing so
would significantly interfere with operation of the affected automated information system.
(f) If a requested record is known not
to exist in the files of the agency, or to
have been destroyed or otherwise disposed of, the requestor will be so notified.
(g) Fees will be determined in accordance with subpart F of this part.
(h) Notwithstanding paragraphs (a)
through (g) of this section, informational material, such as news releases,
pamphlets, and other materials of that
nature that are ordinarily made available to the public as a part of any information program of the Government
will be available upon oral or written
request. A fee will be not be charged
for individual copies of that material
so long as the material is in supply. In
addition DOT will continue to respond,
without charge, to routine oral or written inquiries that do not involve the
furnishing of records.
§ 7.15 Contacts for records requested
under the FOIA.
Each person desiring a record under
this subpart should submit a request in
writing (via paper, facsimile, or electronic mail) to the DOT component
where the records are located:
(a) FOIA Offices at 1200 New Jersey
Avenue, SE., Washington, DC 20590:
(1) Office of the Secretary of Transportation, Room W94–122.
(2) Office of Inspector General, Room
W73–407.
(3) Federal Highway Administration,
Room E64–302.

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§ 7.16

49 CFR Subtitle A (10–1–09 Edition)
the Freedom of Information Act link
(www.dot.gov/foia).

(4) Federal Motor Carrier Safety Administration, Room W66–458.
(5) Federal Railroad Administration,
Room W33–437.
(6) Federal Transit Administration,
Room E42–315.
(7) National Highway Traffic Safety
Administration, Room W41–311.
(8) Pipeline and Hazardous Materials
Safety Administration, Room E26–109.
(9) Research and Innovative Technology Administration, Room E35–330.
(10) Maritime Administration, Room
W24–233.
(b) Federal Aviation Administration,
800 Independence Avenue, S.W., Room
906A, Washington, DC 20591.
(c) United States Coast Guard, 2100
2nd Street, S.W., Room 6106, Washington, DC 20593–0001.
(d) Director, Office of Finance, Saint
Lawrence Seaway Development Corporation, 180 Andrews Street, P.O. Box
520, Massena, New York 13662–0520.
(e) Federal Railroad Administration,
1120 Vermont Avenue NW, 7th Floor,
Washington, DC. (Mailing address: 400
Seventh St., SW, Washington, DC
20590.)
(f) Transportation Security Administration, 301 Seventh Street, SW. (General Services Administration Regional
Office Building), Room 3624, Washington, DC (Mailing address: 400 Seventh Street, SW., Washington, DC
20590).
(g) Certain DOT components also
maintain FOIA contacts at regional offices and at the offices of the Commandant and District Commanders of
the United States Coast Guard. Additional information on the location of
these offices can be obtained through
the FOIA contact offices listed in this
section.
(h) If the person making the request
does not know where in DOT the record
is located, he or she may make an inquiry to the Chief, FOIA Division, Office of the General Counsel (voice:
202.366.4542; facsimile: 202.366.8536).
(i) Requests for records under this
part, and Freedom of Information Act
inquiries generally, may be made by
accessing the DOT Home Page on the
Internet (www.dot.gov) and clicking on

[Amdt. 1, 63 FR 38331, July 16, 1998, 67 FR
54746, Aug. 26, 2002; 73 FR 33328, June 12, 2008]

§ 7.16 Requests for records of concern
to more than one government organization.
(a) If the release of a record covered
by this subpart would be of concern to
both DOT and another Federal agency,
the determination as to release will be
made by DOT only after consultation
with the other interested agency.
(b) If the release of the record covered by this subpart would be of concern to both DOT and a State, local, or
Tribal government, a territory or possession of the United States, or a foreign government, the determination as
to release will be made by DOT only
after consultation with the interested
government.
(c) Alternatively, DOT may refer the
request (or relevant portion thereof)
for decision by a Federal agency that
originated or is substantially concerned with the records, but only if
that agency is subject to FOIA. Such
referrals will be made expeditiously
and the requestor notified in writing
that a referral has been made.
§ 7.17 Consultation with submitters of
commercial and financial information.
(a) If a request is received for information that has been designated by the
submitter as confidential commercial
information, or which DOT has some
other reason to believe may contain information of the type described in
§ 7.13(c)(4), the submitter of such information will, except as is provided in
paragraphs (c) and (d) of this section,
be notified expeditiously and asked to
submit any written objections to release. At the same time, the requestor
will be notified that notice and an opportunity to comment are being provided to the submitter. The submitter
will, to the extent permitted by law, be
afforded a reasonable period of time
within which to provide a detailed
statement of any such objections. The
submitter’s statement shall specify all
grounds for withholding any of the information. The burden shall be on the
submitter to identify all information

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Office of the Secretary of Transportation
for which exempt treatment is sought
and to persuade the agency that the information should not be disclosed.
(b) The responsible DOT component
will, to the extent permitted by law,
consider carefully a submitter’s objections and specific grounds for nondisclosure prior to determining whether to disclose business information.
Whenever a decision is made to disclose such information over the objection of a submitter, the office responsible for the decision will forward to
the submitter a written notice of intent to disclose that will, to the extent
permitted by law, be forwarded to the
submitter a reasonable number of days
prior to the specified date upon which
disclosure is intended. At the same
time the submitter is notified, the requestor will be notified of the decision
to disclose information. The written
notice will include:
(1) A statement of the reasons for
which the submitter’s disclosure objections were not accepted;
(2) A description of the business information to be disclosed; and
(3) A specific disclosure date.
(c) The notice requirements of this
section will not apply if:
(1) The office responsible for the decision determines that the information
should not be disclosed;
(2) The information lawfully has been
published or otherwise made available
to the public; or
(3) Disclosure of the information is
required by law (other than 5 U.S.C.
552).
(d) The procedures established in this
section will not apply in the case of:
(1) Business information submitted
to the National Highway Traffic Safety
Administration and addressed in 49
CFR Part 512.
(2) Information contained in a document to be filed or in oral testimony
that is sought to be withheld pursuant
to Rule 39 of the Rules of Practice in
Aviation Economic Proceedings (14
CFR 302.39).
(e) Whenever a requestor brings suit
seeking to compel disclosure of confidential commercial information, the
responsible
DOT
component
will
promptly notify the submitter.

§ 7.21

Subpart D—Procedures for Appealing Decisions Not To Disclose Records and/or Waive
Fees
§ 7.21

General.

(a) Each officer or employee of DOT
who, upon a request by a member of
the public for a record under this part,
makes a determination that the record
is not to be disclosed, either because it
is subject to an exemption or not in
DOT’s custody and control, will give a
written statement of the reasons for
that determination to the person making the request; and indicate the names
and titles or positions of each person
responsible for the initial determination not to comply with such request,
and the availability of an appeal within
DOT. The denial letter will include 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. Records disclosed in part will
be marked or annotated to show both
the amount and the location of the information deleted whenever practicable.
(b) When a request for a waiver of
fees pursuant to § 7.44 has been denied
in whole or in part, the requestor may
appeal the denial.
(c) Any person to whom a record has
not been made available within the
time limits established by § 7.31 and
any person who has been given a determination pursuant to paragraph (a) of
this section that a record will not be
disclosed may appeal to the responsible
DOT official. Any person who has not
received an initial determination on
his or her request within the time limits established by § 7.31 can seek immediate judicial review, which may be
sought without the need first to submit
an administrative appeal. Judicial review may be sought in the United
States District Court for the judicial
district in which the requestor resides
or has his or her principal place of
business, the judicial district in which

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§ 7.31

49 CFR Subtitle A (10–1–09 Edition)

the records are located, or in the District of Columbia. A determination
that a record will not be disclosed and/
or that a request for a fee waiver or reduction will not be granted does not
constitute final agency action for the
purposes of judicial review unless:
(1) It was made by the responsible
DOT official; or
(2) The applicable time limit has
passed without a determination on the
initial request or the appeal, as the
case may be, having been made.
(d) Each appeal must be made in
writing within thirty days from the
date of receipt of the original denial
and should include the DOT file or reference number assigned to the request
and all information and arguments relied upon by the person making the request. (Appeals may be submitted via
facsimile and conventional mail, but
not via electronic mail.) Such letter
should indicate that it is an appeal
from a denial of a request made under
FOIA. The envelope in which a mailed
appeal is sent should be prominently
marked: ‘‘FOIA Appeal.’’ If these requirements are not met, the twentyday limit described in § 7.32 will not
begin to run until the appeal has been
identified, or would have been identified with the exercise of due diligence,
by a DOT employee as an appeal under
FOIA, and has been received by the appropriate office.
(e) Whenever the responsible DOT official determines it necessary, he/she
may require the requestor to furnish
additional information, or proof of factual allegations, and may order other
proceedings appropriate in the circumstances; in any case in which a request or order is made, DOT’s time for
responding ceases to count while the
requestor responds to the request or
order. The decision of the responsible
DOT official as to the availability of
the record or the appropriateness of a
fee waiver or reduction constitutes
final agency action for the purpose of
judicial review.
(f) The decision of the responsible
DOT official not to disclose a record
under this part or not to grant a request for a fee waiver or reduction is
considered to be a denial by the Secretary for the purpose of 5 U.S.C.
552(a)(4)(B).

(g) Any final determination by the
head of an DOT component not to disclose a record under this part, or not to
grant a request for a fee waiver or reduction, is subject to concurrence by a
representative of the General Counsel.
(h) Upon a determination that an appeal will be denied, the requestor will
be informed in writing of the reasons
for the denial of the request and the
names and titles or positions of each
person responsible for the determination, and that judicial review of the determination is available in the United
States District Court for the judicial
district in which the requestor resides
or has his or her principal place of
business, the judicial district in which
the requested records are located, or
the District of Columbia.

Subpart E—Time Limits
§ 7.31

Initial determinations.

An initial determination whether to
release a record requested pursuant to
subpart C of this part will be made
within twenty Federal working days
after the request is received by the appropriate office in accordance with
§ 7.14, except that this time limit may
be extended by up to ten Federal working days in accordance with § 7.33. The
person making the request will be notified immediately of such determination. If the determination is to grant
the request, the desired record will be
made available as promptly as possible.
If the determination is to deny the request, the person making the request
will be notified in writing, at the same
time he or she is notified of such determination, of the reason for the determination, the right of such person to
appeal the determination, and the
name and title of each person responsible for the initial determination to
deny the request.
(a) In general. Components ordinarily
will respond to requests according to
their order of receipt.
(b) Multitrack processing. (1) A component may use two or more processing
tracks by distinguishing between simple and more complex requests based
on the amount of work and/or time
needed to process the request, or on the
number of pages involved.

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Office of the Secretary of Transportation
(2) A component using multitrack
processing may provide requesters in
its slower track(s) with an opportunity
to limit the scope of their requests in
order to qualify for faster processing
within the specified limits of the component’s faster track(s). A component
doing so will contact the requestor either by telephone, letter, facsimile, or
electronic mail, whichever is most efficient in each case.
(c) Expedited processing. (1) Requests
and appeals will be taken out of order
and given expedited treatment whenever a compelling need is demonstrated
and it is determined that the compelling need involves:
(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) Requests made by a person primarily engaged in disseminating information, with an urgency to inform the
public of actual or alleged Federal Government activity.
(2) A request for expedited processing
may be made at the time of the initial
request for records or at any later
time. For a prompt determination, a
request for expedited processing must
be received by the proper component.
Requests must be submitted to the
component that maintains the records
requested.
(3) A requestor 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. For
example, a requestor within the category in paragraph (c)(1)(ii) of this section, if not a full-time member of the
news media, must establish that he or
she is a person whose main professional
activity or occupation is information
dissemination, though it need not be
his or her sole occupation. A requestor
within the category in paragraph
(c)(1)(ii) of this section also must establish a particular urgency to inform
the public about the government activity involved in the request, beyond the
public’s right to know about government activity generally. The formality
of certification may be waived as a
matter of discretion.

§ 7.32
(4) Within ten calendar days of receipt of a request for expedited processing, the proper component will decide whether to grant it and will notify
the requestor of the decision. If a request for expedited treatment is granted, the request will be given priority
and will be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision will be acted on expeditiously.
§ 7.32 Final determinations.
(a) A determination with respect to
any appeal made pursuant to § 7.21 will
be made within twenty Federal working days after receipt of such appeal
except that this time limit may be extended by up to ten Federal working
days in accordance with § 7.33. The person making the request will be notified
immediately of such determination
pursuant to § 7.21.
(b) In general. Components ordinarily
will respond to appeals according to
their order of receipt.
(c) Multitrack processing. (1) A component may use two or more processing
tracks by distinguishing between simple and more complex appeals based on
the amount of work and/or time needed
to process the appeal, or on the number
of pages involved.
(2) A component using multitrack
processing may provide persons making appeals in its slower track(s) with
an opportunity to limit the scope of
their appeals in order to qualify for
faster processing within the specified
limits of the component’s faster
track(s). A component doing so will
contact the person making the appeal
either by telephone, letter, facsimile,
or electronic mail, whichever is most
efficient in each case.
(d) Expedited processing. (1) An appeal
will be taken out of order and given expedited treatment whenever a compelling need is demonstrated and it is determined that the compelling need involves:
(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) A request made by a person primarily engaged in disseminating information, with an urgency to inform the

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§ 7.33

49 CFR Subtitle A (10–1–09 Edition)

public of actual or alleged Federal Government activity.
(2) A request for expedited processing
may be made at the time of the appeal
or at any later time. For a prompt determination, a request for expedited
processing must be received by the
proper component, which is the component that is processing the appeal for
the records requested.
(3) A requestor 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. For
example, a requestor within the category in § 7.31(c)(1)(ii), if not a full-time
member of the news media, must establish that he or she is a person whose
main professional activity or occupation is information dissemination,
though it need not be his or her sole
occupation. A requestor within the category in § 7.31(c)(1)(ii) also must establish a particular urgency to inform the
public about the government activity
involved in the request, beyond the
public’s right to know about government activity generally. The formality
of certification may be waived as a
matter of discretion. A person who was
granted expedited processing under
§ 7.31 need merely certify that the same
circumstances apply.
(4) Within ten calendar days of receipt of a request for expedited processing, the proper component will decide whether to grant it and will notify
the requestor of the decision. If a request for expedited treatment is granted, the appeal will be given priority
and will be processed as soon as practicable. If a request for expedited processing of an appeal is denied, no further
administrative recourse is available.

viding the requestor an opportunity to
modify the request as noted in this section. As used in this paragraph, ‘‘unusual circumstances’’ means, but only
to the extent reasonably necessary to
the proper processing of the particular
request:
(1) The need to search for and collect
the requested records from field facilities or other establishments that are
separate from the office processing the
request.
(2) The need to search for, collect,
and appropriately examine a voluminous amount of separate and distinct
records that are demanded in a single
request; or
(3) The need for consultation, which
will be conducted with all practicable
speed, with any other agency or DOT
component having a substantial interest in the determination of the request
or among two or more components of
the agency having substantial subjectmatter interest therein.
(b) Where the extension is for more
than 10 working days, the DOT component will provide the requestor with an
opportunity either to modify the request so that it may be processed within the time limits or to arrange an alternative time period with the component for processing the request or a
modified request.
(c) Where a component reasonably
believes that multiple requests submitted by a requestor, or by a group of
requesters acting in concert, constitute
a single request that would otherwise
involve unusual circumstances, and the
requests involve clearly related matters, they may be aggregated for the
purposes of fees and processing activities. Multiple requests involving unrelated matters will not be aggregated.

§ 7.33 Extension.
(a) In unusual circumstances as specified in this section, the time limits
prescribed in § 7.31 and § 7.32 may be extended by written notice to the person
making the request setting forth the
reasons for such extension and the date
on which a determination is expected
to be dispatched. Such notice may not
specify a date that would result in a
cumulative extension of more than 10
Federal working days without pro-

Subpart F—Fees
§ 7.41

General.

(a) This subpart prescribes fees for
services performed for the public under
subparts B and C of this part by DOT.
(b) All terms defined by FOIA apply
to this subpart, and the term ‘‘hourly
rate’’ means the actual hourly base pay
for a civilian employee.
(c) This subpart applies to all employees of DOT, including those of non-

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form the requestor how to consult with
the appropriate DOT officials with the
object of reformulating the request to
meet his or her needs at a lower cost.
(d) Payment of fees may be required
prior to actual duplication or delivery
of any releasable records to a requestor. However, advance payment,
i.e., before work is commenced or continued on a request, may not be required unless:
(1) Allowable charges that a requestor may be required to pay are
likely to exceed US $250; or
(2) The requestor has failed to pay
within 30 days of the billing date fees
charged for a previous request to any
part of DOT.
(e) When paragraph (d)(1) of this section applies, the requestor will be notified of the likely cost and, where he/she
has a history of prompt payment of
FOIA fees, requested to furnish satisfactory assurance of full payment of
FOIA fees. Where the requestor does
not have any history of payment, he or
she may be required to make advance
payment of any amount up to the full
estimated charges.
(f) When paragraph (d)(2) of this section applies, the requestor will be required to demonstrate that the fee has,
in fact, been paid or to pay the full
amount owed, including any applicable
interest, late handling charges, and
penalty charges as discussed in paragraphs (g) and (h) of this section. The
requestor will also be required to make
an advance payment of the full amount
of the estimated fee before processing
of a new request or continuation of a
pending request is begun.
(g) DOT will assess interest on an unpaid bill starting on the 31st day following the day on which the notice of
the amount due is first mailed to the
requestor. Interest will accrue from the
date of the notice of amount due and
will be at the rate prescribed in 31
U.S.C. 3717. Receipt by DOT of a payment for the full amount of the fees
owed within 30 calendar days after the
date of the initial billing will stay the
accrual of interest, even if the payment
has not been processed.
(h) If payment of fees charged is not
received within 30 calendar days after
the date the initial notice of the

appropriated fund activities of the
Maritime Administration.
(d) This subpart does not apply to
any special study, special statistical
compilation, table, or other record requested under 49 U.S.C. 329(c). The fee
for the performance of such a service is
the actual cost of the work involved in
compiling the record. All such fees received by DOT in payment of the cost
of such work are deposited in a separate account administered under the
direction of the Secretary, and may be
used for the ordinary expenses incidental to providing the information.
(e) This subpart does not apply to requests from record subjects for records
about themselves in DOT systems of
records, which are determined in accordance with the Privacy Act, as implemented by DOT regulations (49 CFR
part 10).
[Amdt. 1, 63 FR 38331, July 16, 1998, as amended at 73 FR 33328, June 12, 2008]

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§ 7.42

§ 7.42 Payment of fees.
(a) The fees prescribed in this subpart
may be paid by check, draft, or money
order, payable to the DOT component
where fees were incurred, for deposit in
the General Fund of the Treasury of
the United States, e.g. DOT/FAA.
(b) Charges may be assessed by DOT
for time spent searching for requested
records even if the search fails to locate records or the records located are
determined to be exempt from disclosure. In addition, if records are requested for commercial use, DOT may
assess a fee for time spent reviewing
any responsive records located to determine whether they are exempt from
disclosure.
(c) When it is estimated that the
search charges, review charges, duplication fees, or any combination of fees
that could be charged to the requestor
will likely exceed US $25, the requestor
will be notified of the estimated
amount of the fees, unless the requestor has indicated in advance his or
her willingness to pay fees as high as
those anticipated. In cases where a requestor has been notified that actual
or estimated fees may amount to more
than US $25, the request will be deemed
not to have been received until the requestor has agreed to pay the anticipated total fee. The notice will also in-

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49 CFR Subtitle A (10–1–09 Edition)
(c) The standard fee for review of
records requested under subpart C of
this part is the reviewer’s rate as calculated from the chart multiplied by
the time he/she spent determining
whether the requested records are exempt from mandatory disclosure.
(d) The standard fee for duplication
of a record requested under subpart C
of this part is determined as follows:
(1) Per copy of each page (not larger
than 8.5×14 inches) reproduced by photocopy or similar means (includes costs
of personnel and equipment)—US $0.10.
(2) Per copy prepared by computer
such as tapes or printout—actual costs,
including operator time.
(3) Per copy prepared by any other
method of duplication—actual direct
cost of production.
(e) Depending upon the category of
requestor, and the use for which the
records are requested, in some cases
the fees computed in accordance with
the standard fee schedule in paragraph
(d) of this section will either be reduced or not charged, as prescribed by
other provisions of this subpart.
(f) The following special services not
required by FOIA may be made available upon request, at the stated fees:
Certified copies of documents, with
DOT or DOT component seal (where authorized)—US $4.00; or true copy, without seal—US $2.00.

amount due is first mailed to the requestor, an administrative charge will
be assessed by DOT to cover the cost of
processing and handling the delinquent
claim. In addition, a penalty charge
will be applied with respect to any
principal amount of a debt that is more
than 90 days past due. Where appropriate, other steps permitted by Federal debt collection statutes, including
disclosure to consumer reporting agencies and use of collection agencies, will
be used by DOT to encourage payment
of amounts overdue.
(i) Notwithstanding any other provision of this subpart, when the total
amount of fees that could be charged
for a particular request (or aggregation
of requests) under subpart C of this
part, after taking into account all services that must be provided free of, or at
a reduced, charge, is less than US $10.00
DOT will not make any charge for fees.
§ 7.43 Fee schedule.
The rates for manual searching, computer operator/programmer time and
time spent reviewing records will be
calculated based on the grades and
rates established by the WashingtonBaltimore Federal White-Collar Pay
Schedule or equivalent grades, as follows:
When performed by employees:

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GS–1 through GS–8—Hourly rate of GS–5 step
7 plus 16%
GS–9 through GS–14—Hourly rate of GS–12
step 7 plus 16%
GS–15 and above—Hourly rate of GS–15 step
7 plus 16%

§ 7.44 Services
performed
without
charge or at a reduced charge.
(a) A fee is not to be charged to any
requestor making a request under subpart C of this part for the first two
hours of search time unless the records
are requested for commercial use. For
purposes of this subpart, when a computer search is required two hours of
search time will be considered spent
when the hourly costs of operating the
central processing unit used to perform
the search added to the computer operator’s salary cost (hourly rate plus 16
percent) equals two hours of the computer operator’s salary costs (hourly
rate plus 16 percent).
(b) A fee is not to be charged for any
time spent searching for a record requested under subpart C if the records
are not for commercial use and the requestor is a representative of the news
media, an educational institution

(a) The standard fee for a manual
search to locate a record requested
under subpart C of this part, including
making it available for inspection, will
be determined by multiplying the
searcher’s rate as calculated from the
chart in this section and the time
spent conducting the search.
(b) The standard fee for a computer
search for a record requested under
subpart C of this part is the actual
cost. This includes the cost of operating the central processing unit for
the time directly attributable to
searching for records responsive to a
FOIA request and the operator/programmer’s rate as calculated from the
chart for costs apportionable to the
search.

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Office of the Secretary of Transportation
whose purpose is scholarly research, or
a non-commercial scientific institution
whose purpose is scientific research.
(c) A fee is not to be charged for duplication of the first 100 pages (standard paper, not larger than 8.5×14 inches)
of records provided to any requestor in
response to a request under Subpart C
unless the records are requested for
commercial use.
(d) A fee is not to be charged to any
requestor under subpart C to determine
whether a record is exempt from mandatory disclosure unless the record is
requested for commercial use. A review
charge may not be charged except with
respect to an initial review to determine the applicability of a particular
exemption to a particular record or
portion of a record. A review charge
may not be assessed for review at the
administrative appeal level. When
records or portions of records withheld
in full under an exemption that is subsequently determined not to apply are
reviewed again to determine the applicability of other exemptions not previously considered, this is considered
an initial review for purposes of assessing a review charge.
(e) Documents will be furnished without charge or at a reduced charge if the
official having initial denial authority
determines that disclosure of the information is in the public interest because
it is likely to contribute significantly
to public understanding of the operations or activities of the government
and is not primarily in the commercial
interest of the requestor.
(f) Factors to be considered by DOT
officials
authorized
to
determine
whether a waiver or reduction of fees
will be granted include:
(1) Whether the subject matter of the
requested records concerns the operations or activities of the Federal government;
(2) Whether the disclosure is likely to
contribute to an understanding of Federal government operations or activities;
(3) Whether disclosure of the requested information will contribute to
the understanding of the public at
large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons;

§ 7.46
(4) Whether the contribution to public understanding of Federal government operations or activities will be
significant;
(5) Whether the requestor has a commercial
interest
that
would
be
furthered by the requested disclosure;
and
(6) Whether the magnitude of any
identified commercial interest to the
requestor is sufficiently large in comparison with the public interest in disclosure that disclosure is primarily in
the commercial interest of the requestor.
(g) Documents will be furnished without charge or at a reduced charge if the
official having initial denial authority
determines that the request concerns
records related to the death of an immediate family member who was, at
the time of death, a DOT employee.
(h) Documents will be furnished without charge or at a reduced charge if the
official having initial denial authority
determines that the request is by the
victim of a crime who seeks the record
of the trial at which the requestor testified.
[Amdt. 1, 63 FR 38331, July 16, 1998, as amended at 73 FR 33328, June 12, 2008]

§ 7.45 Transcripts.
Transcripts of hearings or oral arguments are available for inspection.
Where transcripts are prepared by a
nongovernmental contractor, and the
contract permits DOT to handle the reproduction of further copies, § 7.43 applies. Where the contract for transcription services reserves the sales
privilege to the reporting service, any
duplicate copies must be purchased directly from the reporting service.
§ 7.46 Alternative sources of information.
In the interest of making documents
of general interest publicly available
at as low a cost as possible, alternative
sources will be arranged whenever possible. In appropriate instances, material that is published and offered for
sale may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC
20402; U.S. Department of Commerce’s
National Technical Information Service (NTIS), Springfield, Virginia 22151;

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Pt. 8

49 CFR Subtitle A (10–1–09 Edition)
‘‘Access to National Security Information’’.

or National Audio-Visual Center, National Archives and Records Administration, Capital Heights, MD 20743–3701.

§ 8.3 Applicability.
This part applies to all elements of
the Department of Transportation.

PART 8—CLASSIFIED INFORMATION: CLASSIFICATION/DECLASSIFICATION/ACCESS

§ 8.5 Definitions.
As used in this part:
Classification means the act or process by which information is determined
to be classified information.
Classification levels means the following three levels at which information may be classified:
(a) Top secret. Information that requires the highest degree of protection,
and the unauthorized disclosure of
which could reasonably be expected to
cause exceptionally grave damage to
the national security that the original
classification authority is able to identify or describe.
(b) Secret. Information that requires
a substantial degree of protection, and
the unauthorized disclosure of which
could reasonably be expected to cause
serious damage to the national security that the original classification authority is able to identify or describe.
(c) Confidential. Information that requires protection and the unauthorized
disclosure of which could reasonably be
expected to cause damage to the national security that the original classification authority is able to identify or
describe.
Classified information or ‘‘classified
national security information’’ means
information that has been determined
under Executive Order 12958, or any
predecessor or successor order, to require protection against unauthorized
disclosure, and is marked to indicate
its classified status when in documentary form.
Clearance means that an individual is
eligible, under the standards of Executive Orders 10450 and 12968 and appropriate DOT regulations, for access to
classified information.
Damage to the national security means
harm to the national defense or foreign
relations of the United States from the
unauthorized disclosure of information,
to include the sensitivity, value, and
utility of that information.
Declassification means the authorized
change in the status of information

Subpart A—General
Sec.
8.1 Scope.
8.3 Applicability.
8.5 Definitions.
8.7 Spheres of responsibility.

Subpart B—Classification/Declassification
of Information
8.9

Information Security Review Committee.
8.11 Authority to classify information.
8.13 Authority to downgrade or declassify.
8.15 Mandatory review for classification.
8.17 Classification challenges.
8.19 Procedures for submitting and processing requests for classification reviews.
8.21 Burden of proof.
8.23 Classified information transferred to
the Department of Transportation.

Subpart C—Access to Information
8.25
8.27

Personnel Security Review Board.
Public availability of declassified information.
8.29 Access by historical researchers and
former Presidential appointees.
8.31 Industrial security.
AUTHORITY: E. O. 10450, 3 CFR, 1949–1953
Comp., p. 936; E. O. 12829, 3 CFR, 1993 Comp.,
p. 570; E. O. 12958, 3 CFR, 1995 Comp., p. 333;
E. O. 12968, 3 CFR, 1995 Comp., p. 391.
SOURCE: 62 FR 23661, May 1, 1997, unless
otherwise noted.

Subpart A—General

erowe on DSK5CLS3C1PROD with CFR

§ 8.1

Scope.

This part sets forth procedures for
the classification, declassification, and
availability of information that must
be protected in the interest of national
security, in implementation of Executive Order 12958 of April 17, 1995, ‘‘Classified National Security Information;’’
and for the review of decisions to revoke, or not to issue, national security
information clearances, or to deny access to classified information, under
Executive Order 12968 of August 2, 1995,

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