### SentViaFederalExpress: 8546 

### 1323 6818 January 

### 18,2006

RobertSpan,Esg. Paul,Hastings,Janofsky, & 

### WalkerLLP 515 SouthFlowerStreet-251 h

### Floor LosAngeles, CA 

### 90071-2228
DearBob: 

# ~P®MAtmlllllfllilVOF NY&

### NJ

DorrellBuchbinder, GeneralCounsel Carlene!V. Mcfntyte, Chief, OpinionsandAppealsDivision 

# RECEIVED JAN 19 2005 

# PAULHASTINGS

I am inreceipt ofyour latest letter dated January 11, 2006, regarding Continental's requestfor infonnationrelatingtotheratesand chargesatNewarkLibertyInternationalAirport("EWR").
I regret that you find the Port Authority'sposition onyour request to be disappointing. While yourNovember 11, 2005 letterIefened to the PortAuthority's obligations under "contractlaw" and "federal law", your most recent January 

### 11th conespondence cites the Port Authority's Freedom ofInformation Policy. Accordingly, tlris is to inforn1 you that I am referring your January 

### 11 1 h

### letterand, asbackground,yourpriorcorrespondenceonwhichthatmostrecentletter is based, to the Port Authority's FreedomofInformation Administratorforprocessingunderthe PortAuthority's Freedom ofInfom1ation Policy (copy attached). The FOI Administrator, Ms. KathleenBincoletto,willcontactyonwithregardtoyourrequests.
Ifyoushouldfind thatyouneed moreinformation afteryoureceiverecords ofthePortAuthority available to you under the FOI Policy, we will work with you to insure that you have the information youneed within the constraints we outlined. Accordingly, I will waittohear from you after youreviewthe recordsthatare available to you underthePmtAuthority's Freedomof Informationpolicy. Sincerely,

CarleneV. Mcintyre Chief Opinions& 

### AppealsDivision LawDepartment Attachment

cc: K.

### Bincoletto

EXHIBITXX 225ParkAvenueSouth 13thFloor NewYork, NY 10003 T:212·435·3503

### (Operations

- S/13/92) (19)


### Freedom of

### Information

- PortAuthority Policy and 

### Procedure ':' 

### In 1977, 

### the Commillce adopted a policy for access by the public to records maintained by the Pori Authority. While based on the policy theretofore declared by the States of New York and New Jersey, with respect to access by the public to public records, inasmucl1 as the respective New York and New Jersey statutes differed (and continue to differ) as to certain policy particulars and provide for different procedures for implementation of the policy, it was. deemed desirable for the Committee to 

### adopt a separate Port Authority Policy and Procedure. In light of ac(ion now being taken 

### by the Board with respect to open public meetings, it is appropriate at 

### t11is time to restate the basic principles and reflect necessary procedural changes.
Purslw..rH to 

### adopted with Commissioners favor; none against: 

### the foregoing report, the following resolution was 

### Burgos, Hellmuth, Henderson and Kaltenbacher voting in

RESOLVED, that government, including the activities and decisions of The Port Authority of New York and New Jersey (and its wholly-owned subsidiary corporations) is tile public's business and therefore the public should have access to the records of the Port Authority (and 'its subsidiaries) as herein provided for; and it 

### is furtherRESOLVED, that the resolution of the Committee on Operations adopted on September 

### :28, 1977, regarding Freedom of Information (which resolution appears at pages 12**~ ~·**  

### of the Committee Minutes for that date) shall be, and it 

### hereby is, rescinded; and 

### it is further RESOLVED, that all records of subsidiades), including records stored computer tapes or disks, .., shall 

### be inspection and copying, except that such records or ponions thereofwhich: the Port Authority (and its electronically such as on made available for public access may be denied as to
(I) 

### are rendered confidential or privileged or 

### are exempted from disclosure by Federal or state law or regulalions or rules ofcoun: (2) 

### if disclosed, would constitute an unwarranted invasion of personal privacy (including personnel, medical, or disciplinary records, and any lists 

# or names and addresses to be used for profit or financial gain): (3) if disclosed, would impair prc::;cnt or future awards or negotmttons. including collective bargaining or ncgotiaOons. of leases, pennits! contracts, or other agreements; (4) arc trade sccrels or arc maintained for the regulation or supervision of'**comnH~rcial** cnlcrprise which, 

### if disclosed, would cause injury to the cornpc(itive position of the enlerprisc;(Operations

- 8113/92) (5) arc compiled for public safety, law enforcement, or official investigatory purposes (intcmal or external) when their disclosure may affect public safety, interfere with intcmal investigations, audits, law enforcement investigations. or judicial or disciplinary proceedings, or deny or prejudice a right to 

### a fair trial or impa11ial adjudication, or identify a confidential source or disclose confidential inCom1ation relating, to an audit or a civil. criminal. or internal or cxte.mal disciplinary investigation; (6) ifdisclosed, would endangerthelife or

### safety ofany person; (7) are inter-agency or

**intra~agency** or factual tabulations of data, rnateriaJs provided or final other than statistical that instructions to agency policy or staff that affect the public dc.tem1inations are not exempted; (8) are examination questions or answers which arc requested prior [0 

### final administration ofsuch,questions: or (9) could affect or impact the competitive economic position of the Port District, the Port Authority, or specific business

**entitie~<;** with which the Pon Authoritydeals; · and it is furtherRESOLVED, that the Secretary of the Port Authority shall maintain a current list of subject nature and category of all records in the possession of the Port Authority (and its subsidiaries) whether or not they arc available for public copying and inspection. and the Secretary shall, under the direction of the Executive Director, administer the following rules and regulations with respect to public inspectiort and copying ofavailablerecords; Procedures (a) Requests for inspection or copying of public records of the Port Authority shall be made to ihc Secretary of the Pon Authority upon a 

### fom1 prescribed by the Po11 Authority and shall contain sufficient information to identify the pal1icular record sought. Such requests shall be made eitiler: · (I) in person during regular business hours at the Port Au1h01ity's main oftlcc at One World Trade Center, Room 67W. New York, New York 10048, or (2) by mailing such request. postage prepaid lo said Secretary, Tile Poti Authority of' New York and New Jersey. at the aforesaid ad<lre.o;s, AUention: FOI Administrator. (20)**(O~crations-** 8113/92) (b) Upon receipt of a request, the Secretary· of the Port Authority shall promptly determine whether or not the record requested can be made available and will notify the person making the request of suc\1 determination. If the request is granted, such person shol\ also be notified where and when the record wi\1 be made available. The Port Authority will provide an opportunity for inspection and copying of the record. (c) The record may be inspected only under the supcrvrston of the Secretary of the Port Authority or such other officer or employee as may be designated by the Secretary. in the Office of the Secretary during regular business hours or at such other times or places as the Secretary deems co,wenie11t. (d) (I) Documents which are to be copied will be copied by the l'orl Authority, 

### if practicable, and the person requesting a copy will be charged a fcc equal lO the Pon Authority's cost but no less than 25 cents for each page of the first ten, 15 cent5 for each page of the second ten. and 10 cents for each additional page. If it is not practicable for the Port Authority to copy such documents, they will be copied commercially and the person requesting the copy will be charged a fee equal to the Port Authority's cost of such commercial reproduction. Documents which have been purchased by the Port Authority commercially (such as stenographic transcripts) may be copied and the person requesting the copy will be charged a fee of no less than the amount paid by thePort Authorityfor such documents. (2) A fee- of no less than two dollars will be charged for certification by the Secretary of the Port Authority as to authenticity of any document. or that a record of which the Port Authority is legal custodian cannotbefound. (3) In the event a se.,rch for records requested requires more than one person hour, or in the event a search of computer records requires programming which would take more than one person hour, a fee will be charged at the rate of not less than five dollars per hour, or any part thereof, per person assigned to such search or programming. (4) All such fees shall be paid by the person making the request in cash, certilled check, or cashier's· check, in advance or 

### .at lhc time of the delivery of any record for inspection or copies of any records orcertificate referred to in .this procedure. (c) The Secretary of the Pon Authority, or the Secretary's designee. shall respond to each request within ten business days of the receipt thereof. The response shall provide reasons for denial of access or copying or a slatcmcnt 

## or !he !irnc and place when (he rccof'd requested will bemade available. (?.L)

## ' (Operations

**~** 8/13/92) Appeals (a) Any person who Authority (or its Authority 

### may file ALHI101ity's General subsidiaries). is denied access to a pub\

### ic record of the subsidiaries) by the Secretary of lhe an appeal from such denial with the CounsC.l (who serves us Counsel !o Port Por1 Port

the

(b) Such appeal shall be accompanied 

### by a memorandum in support lhcrco'r selling .forth the reasons why the appellant is entitled to access to the record requested. (c) Appeals pursuanl 

### to this procedure shall be decided by General Counsel or his designee. 

### If lhe appeal is denied, the reasons therefor shall be explained fully in writing within seven business days ofthe date on which such appeal is received by General Counsel,

Wheceupon, the meeting was

**.aOjoucned~**

Secr.·etat-y (22)