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CHAPTER IX-ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 903—PUBLIC INFORMATION Sec. 903.1 Scope and purpose. 903.2 Policies. 903.3 Definitions. 903.4 Publication in the FEDERAL REGISTER. 903.5 Availability of materials for inspec
tion and copying. 903.6 Requests for identifiable records. 903.7 Determination of availability of
records, 903.8 Fees and charges. 903.9 Arrangements for public inspection
and copying of available records. 903.10 Requests for reconsideration of non
availability. 903.11 Subpoena or other compulsory proc
ess. AUTHORITY: The provisions of this part 903 issued under 5 U.S.C. 552, 553; Reorganization Plan No. 2 of 1965; other authorities vested by law in the Secretary of Commerce and delegated to the Administrator, Environmental Science Services Administration applicable to the dissemination of records and other information of the Administration, including charges therefor; Department Or
der 64, 32 F.R. 9734; and Department Orders 2A and 2B, as amended, 31 F.R. 10752 and 32 F.R. 10700.
SOURCE: The provisions of this part 903 appear at 32 F.R. 13184, Sept. 16, 1967, unless otherwise noted. 8 903.1 Scope and purpose.
This part establishes the rules whereby the materials specified in 5 U.S.C. 552(a) (2), and the identifiable records of the following organizations of the Environmental Science Services Administration (ESSA) requested under 5 U.S.C. 552(a) (3) are to be made publicly available:
(a) The Office of the Administrator and the Office of the Federal Coordinator for Meteorological Services and Supporting Research.
(b) The general and special staff offices of the Administration.
(c) The Weather Bureau. (d) The Coast and Geodetic Survey. (e) The Environmental Data Service.
(f) The National Environmental Satellite Center.
(g) The Institutes for Environmental Research. 8 903.2 Policies.
Policies and other factors considered in issuing the rules in this part are set forth in Department of Commerce Order 64 (32 F.R. 9734) and Part 4 of this title. § 903.3 Definitions.
(a) To the extent that terms used in this part are defined in 5 U.S.C. 551, they shall have the same definition herein.
(b) The organizational units defined in the terms “Office of the Administrator," "Federal Coordinator for Meteorological Services and Supporting Research" "general staff offices,” and “special staff offices,” are identified in Department Order 2B (31 F.R. 10700). $ 903.4 Publication in the Federal Reg.
ister. (a) Those materials which are required to be published in the FEDERAL REGISTER pursuant to the provisions of of 5 U.S.C. 552(a) (1) have been and will continue to be published in the FEDERAL REGISTER in the form of or included in:
(1) Department Orders of the Department of Commerce, including any supplements and appendices thereto, Secretary of Commerce Circulars, and Department Administrative Orders.
(2) ESSA rules and regulations set forth in this part.
(3) Notices or otherwise in the FEDERAL REGISTER.
(4) Other publications, when incorporated by reference in the FEDERAL REGISTER with the approval of the Director of the Federal Register.
(b) Those materials which are published in the FEDERAL REGISTER pursuant to 5 U.S.C. 552(a) (1) will, to the extent practicable and to further assist the public, be made available for inspection and copying at the facility identified in $ 903.5 (c). $ 903.5 Availability of materials for in
spection and copying. (a) The Assistant Administrator for Administration and Technical Services will, as provided in 5 U.S.C. 552(a) (2) and subject to other provisions of law, establish and maintain an ESSA Public Reference Facility for the public inspection and copying of:
(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(2) Statements of policy and interpretations adopted by ESSA and not published in the FEDERAL REGISTER;
(3) Administrative staff manuals and instructions to staff that affect a member of the public;
(4) A current index providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required to be made available or published by 5 U.S.C. 552(a) (2);
(5) Such additional materials as the ESSA Public Reference Facility may consider desirable and practicable to make available for the convenience of the public.
(b) ESSA may, to prevent unwarranted invasion of personal privacy, delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual or instruction, and will, in each such case, explain in writing the justification for the deletion.
(c) The above materials may be inspected in the ESSA Public Reference Facility, Room 424, Building 5, 6010 Executive Boulevard, Rockville, Md. Mail to this facility should be addressed as follows: Administrative Controls Branch (AD14), Environmental Science Services Administration, Rockville, Md. 20852. The telephone number for this facility is Area Code 301, 496–8595. This facility is open to the public Monday through Friday of each week, except on official Federal holidays, between the hours of 9 a.m. and 4:30 p.m. There are no fees or formal requirements for such inspections. Photo copies of these materials can be provided on demand at the prices established in $ 903.8. In addition, printed copies of various administrative publications may be purchased from the facility, at the price established in $ 903.8. 8 903.6 Requests for identifiable rec
ords. (a) The procedures of this section are applicable only to the records of the organizations listed in § 903.1 and only to those records not customarily available to the public as part of the regular information activities of ESSA. A person desiring to inspect or copy a record or obtain other information about or from one of the organizations listed in § 903.1 should contact the appropriate ofice responsible for providing such information to the public. Such information of ces are listed in one or more of the fol
lowing: (1) The “public information appendices” to the relevant Department orders, which are published in the FEDERAL REGISTER, (2) various guides and handbooks issued by the Department and its operating units, (3) the U.S. Government Organization Manual, and (4) the Department of Commerce Telephone Directory. The latter two publications are for sale by the Superintendent of Documents, Washington, D.C. 20402.
(b) If the appropriate information office is not known, the public should direct its inquiries to the ESSA Public Reference Facility identified in 8 903.5(c). This facility will route the request, if it appears to be for information regularly available, to the appropriate information office; if the request is for other types of information, the facility will advise the inquirer as to how to proceed.
(c) A person who wishes to inspect a record not part of the regular information activities of ESSA should complete Form CD-244, “Application To Inspect Records”, and submit this form, in person or by mail, to the ESSA Public Reference Facility. Copies of Form CD-244 are available from this facility and from many of the information offices of ESSA.
(d) An application form shall be submitted for each record or group of records related to the same general subject matter. Each application form shall be accompanied by the nonrefundable application fee of $2.
(e) Detailed instructions for the completion of Form CD–244 are stated on the back of the form. Employees of the facility will assist the public to a reasonable extent in completing the form; however, the responsibility rests with the applicant for identifying each record sought in sufficient detail so that it can be located by personnel familiar with the filing of agency records. Each application shall clearly itemize, when there are more than one, each record requested so that it may be identified and its availability separately determined.
(f) The staff of the facility will review the application for completeness, and will record receipt of the fee. If the application appears in order, it will be processed by the facility as described in § 903.7, to determine if it is an identifiable and disclosable record. If the application is incomplete in some substantial and materal respect, it will be promptly returned to the applicant to complete.
& 903.7 Determination of availability
of records. (a) Upon finding that the application is otherwise in order, the ESSA Public Reference Facility will determine:
(1) Whether the requested record can be identified on the basis of the information supplied by the applicant. If the facility cannot identify the record, it will return the application, specifying why the record is not identifiable and what additional clarification, if any, the applicant may make to assist the organization in its identification.
(2) Whether the record, if identifiable, is still in existence and in the possession of ESSA. If the record no longer exists, the applicant will be so notified. If the record is not in ESSA's possession and its existence is not otherwise reasonably ascertainable, the applicant will be so notified. If the requested record is in another organization of the Department, or is the exclusive or primary concern of another executive department or agency, the application for such record will be promptly referred to that other organization or agency for further action under its rules, and the applicant will be promptly informed of this referral.
(b) If the requested record is identifiable and subject to ESSA's determination as to availability, the application will be reviewed by an official authorized, pursuant to Department Order 64, to initially determine availability.
(c) If the authorized oficial determines that the record is not to be made available, he shall so notify the applicant in writing stating the reason(s) why the record is not being made available.
(d) If the authorized official determines that the record is to be made available, he shall so notify the applicant specifying the estimated costs to be recovered in accordance with $ 903.8. Upon payment of such estimated costs, subject to adjustment as provided in § 903.8, the record will be made available to the applicant at the ESSA Public Reference Facility or transmitted to him by it. $ 903.8 Fees and charges.
(a) Fees and charges are hereby established to recover costs for application handling, record searching, reproduction, certification, and authentication, and for related expenses incurred by ESSA:
(1) Application fee $2. This fee is nonrefundable, and covers costs of accepting and reviewing the application, and making a de
termination as to the availability of the requested record, or group of related records.
(2) Records search fee-per man-hour$5. This fee covers the costs of locating the desired record, transporting it by Government messenger service to the point of inspection, supervising the inspection, and returning the record to its regular file. It also includes the costs of any copies of records made at ESSA's option. The minimum fee charged for records search will be $2.50.
(3) Copies of records, if requested by applicant:
(1) Xerographic or similar process—Up to 9 x 14 inches (each page)-$0.25.
(ii) Photocopy or similar process—Up to 12 x 18 inches (each page)—$1. Over 12 x 18 inches, but less than 18 x 25 inches (each)$2.
(4) Single printed copy of administrative publications—12 pages or less, 10 cents; 13 to 36 pages, 25 cents; 37 to 60 pages, 50 cents; 61 to 80 pages, 75 cents; 81 to 100 pages, $1; and over 100 pages, 1 cent a page rounded upward to the next quarter dollar. Each blank page and each introductory (Roman numeral) page is to be considered as one page, and separate paper covers are to be considered as four pages.
(5) Certification fee, if requested, per certification_$1.
(6) Postage, registration, or other forwarding or packing fees-Actual cost (Applicable only if copies of records are requested to be shipped to a point other than the ESSA Public Reference Facility).
(b) All fees and charges will be collected in advance. The applicant will be given an estimate of the cost of records search for each application where disclosure availability is authorized. If actual cost exceeds the estimate, the applicant will have the option of either paying any additional costs, or inspecting the requested record to the extent covered by his payment. If the advance estimated payment is $1 or more in excess of both the actual cost and the minimum charge, a refund will be made of the excess above the higher of these two amounts.
(c) The above fees are established solely for services provided pursuant to section 5 U.S.C. 552(a) (3), and do not affect fees charged for other services to the public, as may be performed under other authorities. $ 903.9 Arrangements for public inspec
tion and copying of available records. (a) During his inspection of the record at the ESSA Public Reference Facility, the applicant may extract or have
copied any portion of the record, and may obtain certification of a machinecopied record, subject to the fees established in $ 903.8.
(b) No changes or alterations of any type may be made to the record being inspected, nor may any matter be added to or subtracted therefrom. Papers bound or otherwise assembled in a record file may not be disassembled during inspection. Staff of the facility shall provide assistance if disassembly of a record is necessary for copying purposes, and are authorized to supervise public inspection as necessary to protect the records. The public is reminded of Title 18, United States Code, section 2701(a), which makes it a crime to conceal, remove, mutilate, obliterate, or destroy any record filed in any public office, or to attempt to do any of the foregoing.
(c) If an applicant does not want to inspect a record by personal visit to the ESSA Public Reference Facility, he may request that a copy thereof be mailed to him, upon payment of the copying and postage fees set forth in § 903.8.
(d) Copies of transcripts of hearings will be made available for inspection when not in use. If ESSA's contract with a reporting service stipulates that copies of such transcripts may be sold only by the latter, persons requesting copies shall be referred to the reporting service.
(e) When appropriate in the interests of its program, ESSA may make exceptions to established charges. $ 903.10 Requests for reconsideration of
nonavailability. (a) Any person whose application to inspect a record has been denied under $ 903.7(c) may request a reconsideration of the initial denial, as set forth herein.
(b) The request for reconsideration should be made by completing the applicable portion of the Form CD-244, and returning it to the ESSA Public Reference Facility within 30 days following the date of the initial denial. (This date is shown on the Form CD-244.) NO additional fee is required to obtain reconsideration. In submitting a request for reconsideration, the applicant should include any written arguments he desires to support his belief that the record requested should be made available. No personal appearance, oral agreement or hearing shall be permitted.
(c) The decision upon such review shall be made by the Administrator, ESSA, and shall be based upon the original application, the denial, and any written argument submitted by the applicant.
(d) The decision upon review shall be promptly made in writing and communicated to the applicant. If the decision is wholly or partly in favor of the applicant, the requested record to such extent will be made available for inspection, as described in $$ 903.8 and 903.9. To the extent that the decision is adverse to the request, the reasons for the denial will be stated.
(e) A decision upon review under this section shall constitute the final action and decision of ESSA as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3).
(f) Reconsideration resulting in final decisions as prescribed herein will be indexed and kept available for public reference in the ESSA Public Reference Facility. 903.11 Subpoena or other compulsory
process. Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority are set forth in section 7 of Department Order 64 (32 F.R. 9734).
Assistance Program (MAP), and under bilateral agreements arranged by the Department of State in cooperation with the participating foreign governments.
(b) Requests are received from the sponsors to provide training in the scientific and technical functions of ESSA, through individual training and/ or through enrollment in recurring group courses. In individual or group training, the study program or course description is forwarded to the sponsor with the estimate cost or tuition fee and the amount of funds required for travel within the United States. Upon approval of the training program and the cost estimate, the sponsor informs the recipient of his acceptance and the date to begin training.
(c) Further information concerning eligibility of foreign nationals for training, course availability, course content, trainee qualifications, costs, funding, and other related information is available from the Director, International Affairs (IA), Environmental Science Services Administration, Rockville, Md. 20852. 8 906.2 Foreign visitors.
(a) ESSA has been designated sponsor of an Exchange-Visitor Program in accordance with the administrative regulations issued under the Mutual Educational and Cultural Exchange Act of 1961. The program is identified as Exchange-Visitor Program No. G-V-228, and has an official description as follows: "A program to provide training and research opportunities at the Administration's facilities in various parts of the United States, for qualified foreign specialists, as a measure to increase international rapport among those interested in the development of the environmental sciences, and to promote the general interests of international exchange."
(b) In addition to the ExchangeVisitor Program described in paragraph (a) of this section, ESSA also accepts other visitors from various countries having a mutual interest with the United States in the environmental sciences. The duration of these visits extends from 1 to 10 days. Programs are arranged in accordance with the specific interests of the visitors and may include orientation, review, and consultation on: Organizational structure; operating methods;
AFFAIRS Sec. 906.1 International training. 906.2 Foreign visitors.
AUTHORITY: The provisions of this Part 906 issued under sec. 3, 26 Stat. 653, secs. 46, 61 Stat. 788, R.S. 4685; 15 U.S.C. 313, 22 U.S.C. 501, 33 U.S.C. 883d883f, 884.
SOURCE: The provisions of this part 906 appear at 32 F.R. 16257, Nov. 29, 1967, unless otherwise noted. $ 906.1 International training.
(a) ESSA provides training in its disciplines for representatives from various developing countries throughout the world. Those trained consist of the recipients of fellowships awarded by the United Nations and its Specialized Agencies; and the recipients of training awards from the Agency for International Development (AD), the Military