Freedom of Information Act; Privacy Act; Federal Tort Claims Act; Debt Collection, 9459-9470 [2018-03939]

Agencies

• Presidio Trust

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9459-9470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03939]


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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

AGENCY: Presidio Trust.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Presidio Trust (Trust) proposes revisions to its 
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 and streamline the language of 
several procedural provisions, and to reflect amendments pursuant to 
the FOIA Improvement Act of 2016 and the Digital Accountability and 
Transparency Act of 2014.

DATES: Written comments must be received by the Trust on or before 
April 24, 2018. Comments received by mail will be considered timely if 
they are postmarked on or before that date.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``Proposed Rule'' 
in the subject line of the message.
     Mail: Steve Carp, Legal Analyst, Presidio Trust, 103 
Montgomery Street, P.O. Box 29052, San Francisco, CA 94129-0052.
     Hand Delivery/Courier: Steve Carp, Legal Analyst, Presidio 
Trust, 103 Montgomery Street, San Francisco, CA 94129-0052.

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 
rulemaking 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.

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

    The Trust adopted FOIA regulations effective January 29, 1999. The 
FOIA Improvement Act of 2016 (Act) amended the FOIA on June 30, 2016. 
Those FOIA amendments require federal agencies to review and update 
their FOIA regulations in accordance with the provisions of the Act. 
The Trust proposes revisions to conform its regulations to the Act, as 
well as to the Department of Justice's revised FOIA regulations. 
Specifically, this rulemaking proposes revisions to 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, 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.  1007.7 (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.''
    The Trust also proposes revisions to 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 the proposed revisions to Sec.  1007.9, 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.

Proposed 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, the Trust 
proposes revisions to conform its regulations to guidance issued by the 
Department of Justice and the Office of Management and Budget. 
Specifically, this rulemaking proposes revisions to 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.
    The Trust also proposes revisions to Sec.  1008.15 (Requests for 
access to records: Initial decision) to update the fees charged by the 
Trust for processing

[[Page 9460]]

Privacy Act requests. The Trust previously published its fees on 
December 2, 1998 in its Interim Compendium. Under the proposed 
revisions to Sec.  1008.15, 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.

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

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

Proposed 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 federal agencies to refer 
eligible delinquent debts to the Department of the Treasury for 
administrative offset after 120 days, rather than 180 days. This 
rulemaking proposes 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.

Regulatory Analysis of the Proposed Revisions

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. OIRA has determined that this rule 
is not significant. 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 management and operations of the Presidio Trust.
    (3) Does not alter the budgetary effects of entitlements, grants, 
user fees, or loan programs or the rights or obligations of their 
recipients.
    (4) Does raise novel legal or policy issues.
    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 proposed 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 regulation. 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.'' The OMB 
has determined that this proposed rule is only related to the Trust's 
organization and management and is not a ``significant regulatory 
action that imposes costs.'' Thus, this rule does not trigger the above 
requirements of Executive Order 13771.

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

    This proposed rule will not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act.

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

    This proposed 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; or (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 proposed 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 proposed rule does not affect 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 proposed 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 proposed 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

[[Page 9461]]

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 proposed 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 proposed rule has no substantial direct effects on federally 
recognized Indian tribes. Consultation under the Department's tribal 
consultation policy is not required.

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

    This proposed 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 proposed 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 proposed 
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 This Regulation

    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.
    If you feel that the Trust has not met these requirements, send the 
Trust your comments by one of the methods listed in the ADDRESSES 
section. To better help the Trust revise the rule, your comments should 
be as specific as possible. For example, you should tell the Trust the 
numbers of the sections or paragraphs that you find unclear, which 
paragraphs or sentences are too long, the sections where you feel lists 
or tables would be useful, etc.

Public Participation

    It is the policy of the Trust, whenever practicable, to afford the 
public an opportunity to participate in the rulemaking process. 
Accordingly, interested persons may submit written comments regarding 
this proposed rule by following the instructions in the ADDRESSES 
section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment--including your personally identifiable 
information--may be made publicly available at any time. While you can 
ask in your comment to withhold your personal identifiable information 
from public view, the Trust cannot guarantee that it will be able to do 
so.

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 
proposes to amend 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 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

[[Page 9462]]

Trust, statements of policy and interpretations, and other materials 
that have been published by the Presidio Trust on its internet website 
(https://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 must 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, 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;

[[Page 9463]]

    (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 expedite processing, 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 it 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 a person outside of 
the Federal government, 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. 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,

[[Page 9464]]

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 listing 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) If neither a statute nor an Executive order requires 
withholding, the sound ground for withholding;
    (iv) 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;
    (v) A statement that the denial may be appealed and a reference to 
the procedures in Sec.  1007.7 for appeal; and
    (vi) 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 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;

[[Page 9465]]

    (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.
    (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 Sec.  1007.6(c), 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 expedite processing, 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 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, 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.

[[Page 9466]]

    (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.
    (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 
interests 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 actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that is (or would be) of current 
interest to the public. Examples of news media entities include, but 
are not limited to, television or radio stations broadcasting to the 
public at large, and publishers of periodicals (but only in those 
instances when they can qualify as disseminators of ``news'') who make 
their products available for purchase or subscription by the general 
public. As traditional methods of news delivery evolve (e.g., 
electronic dissemination of newspapers through telecommunications 
services), such alternative media would be included in this category. 
Free-lance journalists may be considered representatives of the news 
media if they demonstrate a solid basis for expecting publication 
through a news organization, even though not actually employed by it. A 
publication contract or past record of publication, or evidence of a 
specific free-lance assignment from a news organization may indicate a 
solid basis for expecting publication.
    (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

[[Page 9467]]

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 in 
alphabetical order 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.
* * * * *
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

[[Page 9468]]

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 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.

[[Page 9469]]

    (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;
    (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

[[Page 9470]]

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:
    (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 (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: February 16, 2018.
Nancy J. Koch,
General Counsel.
[FR Doc. 2018-03939 Filed 3-5-18; 8:45 am]
 BILLING CODE 4310-4R-P