the facilities and appurtenances related thereto. As provided in section 1101 of that Act, the authority of the President with respect to the Commission is exercised through the Secretary of Defense.

(b) As provided in the Panama Canal Act of 1979, the supervision of the Commission is vested in a Board composed of nine members, one of whom is the Secretary of Defense or an officer of the Department of Defense designated by the Secretary. Not fewer than five members of the Board are nationals of the United States; the remaining members are nationals of the Republic of Panama.

(c) The President appoints the members of the Board. The members of the Board who are United States nationals are appointed by and with the advice and consent of the Senate. Each member of the Board holds office at the pleasure of the President.

(d) The Administrator of the Commission, who is appointed by the President, by and with the advice and consent of the Senate, holds office at the pleasure of the President.

(e) The Commission maintains and operates the Panama Canal and facilities and appurtenances related thereto, including electric power, water, and telephone systems; procurement and storehouse facilities; motor transportation services; an agency press and duplicating center; marine and general repair shop; and an employees' housing system.

(The Panama Canal Act of 1979, secs. 1101, 1102, 1103, Pub. L. 96-70, 93 Stat. 456, 457)

§ 9.5 The Freedom of Information Act.

(a) The Freedom of Information Act (5 U.S.C. 552) is a law which creates a procedure for any person to request official records from United States Government agencies. The rest of the rules in this supbart explain how you may request official records from the panama Canal Commission.

(b) The Freedom of Information Act requires every United States Government agency to make official records available to any person who requests them, unless the records that the person requests fall within one of more of the exceptions to availability listed in the law. For more details about these exceptions, see subsection (b) of section 552, Title 5, United States Code, available in libraries.

(c) The Freedom of Information Act does not require an agency to create records or compile information that you would like to have. The law deals only with making existing records available.

§ 9.6 How to make a Freedom of Information Act request.

(a) To make a request for a record using the Freedom of Information Act, you must:

(1) Write to the Panama Canal Commission, Agency Records Officer (Chief, Administrative Services Division), APO Miami 34011 (or Balboa, Republic of Panama); and

(2) State in your letter that you are making a request under the Freedom of Information Act, and clearly mark the envelope "Freedom of Information Act Request". A request under 5 U.S.C. 552 which is not properly addressed and is not marked in this way shall not be considered to be received by the agency until it has actually been received by the Agency Records Officer.

(3) In your letter, reasonably describe the records you are seeking. Be as specific in describing the records as you can. Although it is not required, it will be helpful if, whenever possible, you supply in your letter specific information regarding dates, titles, file designations, the office where you believe the records may be found, and other information which may help to identify the records.

(b) You do not have to explain why you want the records, but it may be helpful if you do so; it may result in a faster or less expensive search; it may sometimes result in a discretionary release of records not required to be released under the Act; or it may help to demonstrate a public interest in a release and thereby lead to a waiver or reduction of search or copying fees chargeable under § 9.11 of this subpart.

§ 9.7 How your Freedom of Information Act request will be handled.

(a) The official responsible for deciding whether your request will be granted is the Agency Records Officer. That official must make the decision and send you notification of it within ten working days after the Commission receives your request. In unusual circumstances, the Commission may extend the time for responding to your request. For details, see § 9.10 of this subpart.

(b) If the Agency Records Officer denies your request, in whole or in part, the letters sent to you to notify you of this decision must:

(1) Tell you why the request is being denied;

(2) Tell you that you have the right, by appealing the decision, to require the agency to reconsider its decision; and

(3) Tell you how to make an appeal. (c) If you request records or information which is in the files of the Commission but which originated in another Federal agency, the Agency Records Officer may refer your request to that agency. In that case, the Agency Records Officer will inform you that your request has been referred to the originating agency.

§ 9.8 How to make an appeal under the Freedom of Information Act.

(a) If you are not satisfied with the decision of the Agency Records Officer, you may require the Commission to reconsider that decision. This is called "making an appeal."

(b) To make an appeal, you must: (1) Write to the Panama Canal Commission, Director, Office of Executive

Administration, APO Miami 34011 (or Balboa, Republic of Panama); and

(2) State in your letter that you are making an appeal under the Freedom of Information Act, and clearly mark the envelope "Freedom of Information Act Appeal"; and

(3) Mail or deliver the letter of appeal within ten working days after you receive the letter from the Agency Records Officer.

(c) Although it is not required, it may be helpful if you clearly indicate in your appeal the reasons why you disagree with the decision on your request and your reasons for wanting the records.

[44 FR 75309, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981]

89.9 How your Freedom of Information Act appeal will be handled.

(a) The official responsible for deciding whether to grant your appeal is the Director, Office of Executive Administration of the Panama Canal Commission. That official must make that decision and send you notification of it within 20 working days after receiving your appeal. In unusual circumstances, the Commission may extend the time for responding to your appeal. For details, see § 9.10 of this subpart.

(b) If the Director, Office of Executive Administration denies your appeal, in whole or in part, the letter sent to you to notify you of this decision must:

(1) Tell you why the appeal is being denied;

(2) Tell you that this denial is the Commission's final decision; and

(3) Tell you that you have the right to request a U.S. District Court to review the denial of your appeal, as provided by 5 U.S.C. 552(a)(4)(B), as amended.

[44 FR 75309, Dec. 19, 1979, as amended at 46 FR 48659, Oct. 2, 1981]

§ 9.10 How the Commission may extend the time to respond to your request or appeal.

(a) In unusual circumstances, the Commission may extend the time for making a decision about your request or about your appeal. If the Commis

sion does extend the time, it will do so by sending you a written notice signed by the Agency Records Officer. The notice will:

(1) Tell you why it is necessary to extend the time;

(2) Tell you how long the time has been extended; and

(3) Tell you the date when you can expect the decision about your request or your appeal to be sent to you.

(b) The Commission may extend the time for making a decision about your request or your appeal by a total of ten working days. The extension period may be split between the request and the appeal, but it may not exceed ten working days overall.

(c) The unusual circumstances which may reasonably require an extension of time for the proper handling of your request or appeal are:

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; or

(2) The need to search for, collect, and appropriately examine a voluminous quantity of separate and distinct records which are demanded in a single request; or

(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the Commission having substantial subject matter interest in the request.

§ 9.11 Fees for Freedom of Information Act requests.

(a) The following are the fees you will be charged by the Panama Canal Commission for searching for an reproducing the records you request.

(1) Search for records: $5.50 per hour for searches conducted by clerical personnel, and $17.50 per hour for searches conducted by supervisory or professional personnel.

(2) Searches requiring computers: $130.00 for the first two hours (or fraction of the first two hours); $65.00 for each additional hour.

(3) Copying: $0.09 per page for the first copy of a record. For additional

copies, you will be charged the official Panama Canal Commission tariff rate for copying.

(4) Converting microfilm to paper copy: $0.09 per page for the first copy of a record. For additional copies. you will be charged the official Panama Canal Commission tariff rate for copying.

(5) Duplication of tape recordings, when tape is furnished by the agency: 60-minute tape, $1.95 per tape; 90minute tape, $2.75 per tape; and 120minute tape, $3.70 per tape. If you supply the tape, there will be no charge for the duplication.

(6) Duplication of photographs: Black and white, up to 8′′ x 10", $1.50 per print; color, up to 8" x 10", $2.50 per print.

(7) Other services: If there is no specific fee listed in this section for a service necessary for handling your request, you will be charged the official agency tariff for that service. If no tariff exists for that service, the Agency Records Officer is authorized to charge the direct cost to the Commission of that service.

(b) If you wish to request a waiver or reduction of fees, you must do so in writing. The official granting or denying your request or appeal may waive or reduce the fees if the official decides that providing the records you request would primarily benefit the general public.

(c) The Commission may require you to pay any fees charged before the agency will make available to you the records you requested. If you have not paid the fees charged for processing a request, the Commission will not process any subsequent requests you make.

(d) The Commission may charge you fees for searching for the records you request even if no records are found. You may also be charged if records are found but are determined to be exempt from disclosure to you because they fall within one of the exceptions to availability listed in the Freedom of Information Act.

(e) If the records you request are not stored on the Isthmus of Panama, the special costs of returning them to the Isthmus of Panama for review will be added to the search costs.

§ 9.13 Annual report.

On or before March 1 of each calendar year, the Panama Canal Commission sends to both Houses of Congress a report of its activities in connection with the Freedom of Information Act during the preceding calendar year. The Freedom of Information Act requires each agency to make this report and to include in it such information as: how many requests were denied and why; how many denials were appealed and the result of those appeals; the name and title of each official who denied a request; and other information showing how the agency administered the Freedom of Information Act during the period covered by the report.

the child is entirely outside the mother.

"Stillbirth" means a birth after 20 weeks of gestation which is not a live birth.

"Physician" means a person legally authorized to practice medicine before October 1, 1979, in the area then known as the Canal Zone.

"Vital Statistics" includes the registration, preparation, transcription and preservation of data pertaining to marriages, births, adoptions, legitimations, deaths, stillbirths, and data incidental thereto.

"Vital Statistics Unit" means the organizational unit charged by the Administrator of the Panama Canal Commission with the function of vital statistics.

§ 9.32 Administration.

The Vital Statistics Unit shall administer this subpart, under the supervision of the Administrator or his designee.

§ 9.33 Functions of the Vital Statistics Unit.

The Vital Statistics Unit is the keeper of the vital statistics records of the Canal Zone Government. Some of the functions previously performed by that unit were discontinued on October 1, 1979, when the Canal Zone and its civil government ceased to exist. The Vital Statistics Unit now performs the residual functions of recordkeeping; i.e., it is limited to performing the following:

(a) Maintaining all vital statistics records of the Canal Zone Government.

(b) Performing the vital statistics functions as defined in § 9.31 of this subpart for those events which occurred in the Canal Zone before October 1, 1979, and which were not previously registered in that unit. This includes the delayed registration of a birth that occurred prior to October 1, 1979.

(c) The alteration of records which are filed in that unit.

(d) The issuance of copies of documents filed in that unit.

(Panama Canal Treaty of 1977 and related agreements and Public Law 96-70, 93 Stat. 452)

Upon receipt of a certified copy of an order or decree of adoption, the Vital Statistics Unit shall prepare a supplementary certificate in the new name of the adopted person and shall seal and file the original certificate of birth with such certified copy attached thereto. The sealed documents may be opened only upon the demand of the adopted person, if of legal age, or by an order of court. Upon receipt of a certified copy of a court order of annulment of the adoption, the original certificate shall be restored to its original place in the file.

§ 9.35 New birth certificate upon legitimation.

In cases of legitimation the Vital Statistics Unit, upon receipt of proof thereof, shall prepare a new certificate of birth in the new name of the legitimated child. The evidence upon which the new certificate is made and the original certificate shall be sealed and filed and may be opened only upon the demand of the person involved, if of legal age, or by an order of court.

CROSS REFERENCE.-Legitimation of child, see 8 P.C.C. 335, 387, 76A Stat. 689, 691. See also 7 P.C.C. 576, 76A Stat. 571.

§ 9.36 Delayed filing of birth certificate.

(a) When a live birth occurred in the Canal Zone (prior to October 1, 1979), a certificate of live birth should have been filed with the Vital Statistics Unit within five days after the birth by the physician, midwife, or other legally authorized person in attendance at the birth or, if the birth was not so attended, by one of the parents. If a certificate of live birth in the Canal Zone was not filed during that time, it may still be possible to file a delayed certificate of birth by following the procedure set forth in paragraph (b) of this section.

(b) A delayed certificate of live birth may be filed upon the submission to, and receipt by, the Vital Statistics Unit of such evidence, in the form of affidavits or otherwise, as the Vital Statistics Unit deems sufficient to establish satisfactorily the truth of the facts alleged in support of the request