[Code of Federal Regulations]
[Title 46, Volume 9]
[Revised as of October 1, 2006]

[CITE: 46CFR503.33]

[Page 96-97]
 
                           TITLE 46--SHIPPING
 
                 CHAPTER IV--FEDERAL MARITIME COMMISSION
 
PART 503_PUBLIC INFORMATION--Table of Contents
 
     Subpart D_Requests for Records Under the Freedom of Information
 
Sec.  503.33  Exceptions to availability of records.

    (a) Except as provided in paragraph (b) of this section, the 
following records may be withheld from disclosure:
    (1) Records specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense or 
foreign policy and which are in fact properly classified pursuant to 
such Executive order. Records to which this provision applies shall be 
deemed by the Commission to have been properly classified. This 
exception may apply to records in the custody of the Commission which 
have been transmitted to the Commission by another agency which has 
designated the record as nonpublic under an Executive order.
    (2) Records related solely to the internal personnel rules and 
practices of the Commission.
    (3) Records specifically exempted from disclosure by statute, 
provided that such statute:
    (i) Requires that the matter 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.

[[Page 97]]

    (4) Trade secrets and commercial financial information obtained from 
a person and privileged or confidential.
    (5) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the Commission.
    (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 trial 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.
    (b) Nothing in this section authorizes withholding of information or 
limiting the availability of records to the public except as 
specifically stated in this part, nor shall this part be authority to 
withhold information from Congress.
    (c) Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the portions 
which are exempt under this part. The amount of information deleted 
shall be indicated on the released portion of the record, unless 
including that indication would harm an interest protected by the 
exemption in this section under which the deletion is made. If 
technically feasible, the amount of the information deleted shall be 
indicated at the place in the record where such deletion is made.
    (d) Whenever a request is made which involves access to records 
described in paragraph (a)(7)(i) of this section and the investigation 
or proceeding involves a possible violation of criminal law, and there 
is reason to believe that the subject of the investigation or proceeding 
is not aware of its pendency, and disclosure of the existence of the 
records could reasonably be expected to interfere with enforcement 
proceedings, the Commission may, during only such time as that 
circumstance continues, treat the records as not subject to the 
requirements of 5 U.S.C. 552 and this subpart.