§ 1102.6 - Exemptions.

(a) 5 U.S.C. 552 exempts from all of its publication and disclosure requirements matters falling within nine categories, which are described in paragraph (b) of that section.

(b) Specifically, the exemptions of 5 U.S.C. 552(b) will be applied to 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 5 U.S.C. 552b), 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, including sections 148 and 1314 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2168, 2297b-13), the latter of which authorizes the Corporation to “protect trade secrets and commercial or financial information to the same extent as a privately owned corporation”;

(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 Corporation;

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

(7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records could reasonably be expected to (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) constitute an unwarranted invasion of personal privacy, (iv) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (v) disclose investigative techniques and procedures or guidelines for law enforcement investigations or prosecutions if such disclosure would risk circumvention of the law, or (vi) endanger the life or physical safety of law enforcement personnel;

(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

(c) In the event that one or more of the exemptions in paragraph (b) applies, any reasonably segregable portion of a record shall be provided to the requester after deletion of the portions that are exempt. In appropriate circumstances, subject to the discretion of Corporation officials, it may be possible to provide a requester with:

(1) A summary of information in the exempt portion of a record; or

(2) An oral description of the exempt portion of a record.

(d) In determining whether any of the foregoing techniques, cited in paragraphs (c)(1) and (c)(2), should be employed or whether an exemption should be waived in accordance with paragraph (e) of this section, Corporation officials shall consult with the Office of General Counsel. No requester shall have a right to insist that any or all of the foregoing techniques should be employed in order to satisfy a request.

(e) Records that may be exempted from disclosure pursuant to paragraph (b) of this section may be made available as a matter of discretion when disclosure is not prohibited by law, if it does not appear adverse to legitimate interests of the Corporation, the public, or any person.