29 C.F.R. Subpart A—General
Title 29 - Labor
This part contains the general rules of the PBGC implementing the Freedom of Information Act. This part sets forth generally the categories of records accessible to the public, the types of records subject to prohibitions or restrictions on disclosure, and the procedure whereby members of the public may obtain access to and inspect and copy information from records in the custody of the PBGC. In addition to terminology in part 4001 of this chapter, as used in this part— Agency, person, party, rule, rulemaking, order, and adjudication have the meanings attributed to these terms by the definitions in 5 U.S.C. 551, except where the context demonstrates that a different meaning is intended, and except that for purposes of the Freedom of Information Act the term agency as defined in 5 U.S.C. 551 includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President) or any independent regulatory agency. Disclosure officer means the designated official in the Communications and Public Affairs Department, PBGC. FOIA means the Freedom of Information Act, as amended (5 U.S.C. 552). Working day means any weekday excepting Federal holidays. (a) Public reference room. The PBGC will maintain a public reference room in its offices located at 1200 K Street NW., Washington, DC 20005–4026, wherein persons may inspect and copy all records made available for such purposes under this part. (b) No withdrawal of records. No person may remove any record made available for inspection or copying under this part from the place where it is made available except with the written consent of the General Counsel of the PBGC. The PBGC shall make available in its public reference room for inspection and copying without formal request— (a) Information published in the (b) Information in PBGC publications. Copies of informational material, such as press releases, pamphlets, and other material ordinarily made available to the public without cost as part of a public information program; (c) Rulemaking proceedings. All papers and documents made a part of the official record in administrative proceedings conducted by the PBGC in connection with the issuance, amendment, or revocation of rules and regulations or determinations having general applicability or legal effect with respect to members of the public or a class thereof (with a register being kept to identify the persons who inspect the records and the times at which they do so); (d) Except to the extent that deletion of identifying details is required to prevent a clearly unwarranted invasion of personal privacy (in which case the justification for the deletion shall be fully explained in writing)— (1) Adjudication proceedings. Final opinions, orders, and (except to the extent that an exemption provided by FOIA must be asserted in the public interest to prevent a clearly unwarranted invasion of personal privacy or violation of law or to ensure the proper discharge of the functions of the PBGC) other papers and documents made a part of the official record in adjudication proceedings conducted by the PBGC, (2) Policy statements and interpretations. Statements of policy and interpretations affecting a member of the public which have been adopted by the PBGC and which have not been published in the (3) Staff manuals and instructions. Administrative staff manuals and instructions to staff issued by the PBGC that affect any member of the public, and (e) Indexes to certain records. Current indexes (updated at least quarterly) identifying materials described in paragraph (a)(2) of FOIA and paragraph (d) of this section. (a) In general. Upon the request of any person submitted in accordance with subpart B of this part, the disclosure officer shall make any document (or portion thereof) from the records of the PBGC in the custody of any official of the PBGC available for inspection and copying unless exempt from disclosure under the provisions of subsection (b) of FOIA and subpart C of this part. The subpart B procedures must be used for records that are not made available in the PBGC's public reference room under §4901.4 and may be used for records that are available in the public reference room. Records that could be produced only by manipulation of existing information (such as computer analyses of existing data), thus creating information not previously in being, are not records of the PBGC and are not required to be furnished under FOIA. (b) Discretionary disclosure. Notwithstanding the applicability of an exemption under subsection (b) of FOIA and subpart C of this part (other than an exemption under paragraph (b)(1) or (b)(3) of FOIA and §4901.21 (a)(2) and (a)(3)), the disclosure officer may (subject to 18 U.S.C. 1905 and §4901.21(a)(1)) make any document (or portion thereof) from the records of the PBGC available for inspection and copying if the disclosure officer determines that disclosure furthers the public interest and does not impede the discharge of any of the functions of the PBGC. (a) Filing rules—(1) Where to file. See §4000.4 of this chapter for information on where to file a submission under this part with the PBGC. (2) Method of filing. The PBGC applies the rules in subpart A of part 4000 of this chapter to determine permissible methods of filing with the PBGC under this part. (3) Date of filing. The PBGC applies the rules in subpart C of part 4000 of this chapter to determine the date that a submission under this part was filed with the PBGC. (b) Computation of time. The PBGC applies the rules in subpart D of part 4000 of this chapter to compute any time period under this part. [68 FR 61358, Oct. 28, 2003]
Title 29: Labor
PART 4901—EXAMINATION AND COPYING OF PENSION BENEFIT GUARANTY CORPORATION RECORDS
Subpart A—General
§ 4901.1 Purpose and scope.
§ 4901.2 Definitions.
§ 4901.3 Disclosure facilities.
§ 4901.4 Information maintained in public reference room.
§ 4901.5 Disclosure of other information.
§ 4901.6 Filing rules; computation of time.
