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to meet the anticipated demands, not received a request for comment direct only of agencies, organizations, and in- from another agency, the request, todividuals who must receive copies as gether with the respective statement, required by section 11 above (1500.9 shall be referred to the EQO for apand 1500.10(b) of the CEQ Guide propriate action. lines), but also for a reasonable (b) Comments should of course be number of additional requests. Copies confined to matters within the juristo be made available to the public diction or expertise of the Committee. shall normally be provided without However, comments need not be limitcharge, but when copies are signifi- ed to environmental aspects but may cant, a fee may be established which relate to fiscal, economic, and other shall not exceed the actual cost per non-environmental matters of concern copy of reproducing the copies addi- to the Committee. tional to those required to be sent to (c) At the time comments are sent to other Federal agencies (CEQ Guide the agency responsible for a statelines 1500.9(d)).
ment, five copies shall be forwarded to
the CEQ by the EQO (CEQ Guide$ 51-6.13 Utilization of final impact state.
lines, 1500.11(a)). Copies of replies inments in the decisional process.
dicating that the Committee has no (a) Section 102(2) of NEPA requires comment on an impact statement that the final environmental impact should not be forwarded to the CEQ. statement shall accompany the pro (d) With regard to requests for composal to which it relates through the ment on statements relating to proposCommittee's decision process.
als for legislation, close coordination (b) In this process pertinent non-en shall be maintained between the EQO vironmental factors are to be consid- and the Committee's counsel in relaered and balanced with those relating tion to the latter's normal responsibilito the environment. It is requisite that ty concerning the Committee's comthe entire process be based on an ad- ments on legislative proposals themministrative record in which the state- selves. ment is included and fully taken into account together with the relevant PART 51-7-PUBLIC AVAILABILITY non-environmental factors presented
OF AGENCY MATERIALS in the record. Although no significant factor should be neglected, the document should give particular attention 51-7.1 Purpose. to any appreciable adverse environ 51-7.2 Scope. mental effects set forth in the impact 51-7.3 Definitions. statement and should closely, though 51-7.4 Availability of materials. succinctly, balance them with any
51-7.5 Administrative appeal. other relevant interests and consider
51-7.6 Extensions of time.
51-7.7 Fees. ations of Federal policy set forth in the record, including particularly an
AUTHORITY: 5 U.S.C. 552. analysis of the alternatives to the pro SOURCE: 41 FR 18079, Apr. 30, 1976, unless posed action and their relationship to otherwise noted. the non-environmental factors. The final decision should contain sufficient $ 51-7.1 Purpose. analysis to make clear the essential These regulations implement the basis of the determination.
provisions of the “Freedom of Infor
mation Act,” 5 U.S.C. 552. They estab$ 51-6.14 Comments on statements of
lish procedures under which the other agencies.
public may inspect and obtain copies (a) As set forth in section 3(a)(vi) of nonexempt material maintained by above and pursuant to Appendix III of the Committee, provide for administhe CEQ Guidelines, the EQO shall trative appeal of initial determinations receive all environmental impact state- to deny requests for material, and prements submitted by other agencies for scribe uniform fees to be charged by comment and coordinate the appropri- the Committee to recover direct ate review and reply. If the Committee search and duplication costs.
(vi) Endanger the life or physical safety of law enforcement personnel;
(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
(9) Geological and geophysical information and data, including maps, conerning wells. $ 51-7.3 Definitions.
As used in these regulations:
(a) The term “Committee" means the Committee for Purchase from the Blind and Other Severely Handi. capped.
(b) The term “Chairman” means the Chairman of the Committee for Purchase from the Blind and Other Severely Handicapped.
(c) The term "exempt materials” means those materials described in Section 7.2(b).
(d) The term “non-exempt materials” refers to all materials described in Section 7.2(a) but not included in Section 7.2(b).
$ 51-7.2 Scope.
(a) These regulations shall apply to all final determinations made by the Committee including all objections; and to any other Committee records reasonably described and requested by a person in accordance with these reg. ulations—except to the extent that such material is exempt in accordance with paragraph (b) of this section.
(b) Requests for inspection and copies shall not be granted with respect to materials that are:
(1)(i) Specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy, and
(ii) Are in fact properly classified pursuant to such Executive Order;
(2) Related solely to the internal personnel rules and practices of the Committee;
(3) Specifically exempted from disclosure by statute;
(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Committee;
(6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would
(i) Interfere with enforcement proceedings,
(ii) Deprive a person of a right to a fair trial or an impartial adjudication,
(iii) Constitute an unwarranted invasion of personal privacy,
(iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law en forcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
(v) Disclose investigative techniques and procedures, or
$ 51-7.4 Availability of materials.
(a) All non-exempt materials shall be available for inspection during normal business hours at the Committee's offices, 2009 Fourteenth Street North, Suite 610, Arlington, Virginia 22201. Space shall be made available at that location for the use of any person who is granted permission to inspect such materials. An individual who intends to visit the Committee of. fices in person who is granted permission to inspect non-exempt materials should make an appointment with the Executive Director at least one week in advance.
(b) Requests to inspect, and obtain copies of any material maintained by the Committee may be made in person at the Committee offices, or submitted in writing to the Executive Director, 2009 Fourteenth Street North, Suite 610, Arlington, Virginia 22201. Each request should include a reasonable description of the material being sought, and should contain sufficient detail to facilitate retrieval of the material without undue delay. The Committee staff shall assist to the extent
practicable in identifying material such action, shall set forth the name that is imprecisely described by the and position of the person responsible person requesting such material.
for the denial, and shall advise the re(c) An initial determination whether, quester of the right, and the proceand to what extent, to grant each re dures required under Section 7.5 to quest shall be made by the Executive appeal the denial to the Chairman. Director or his delegate within 10 days (excepting Saturdays, Sundays, and § 51-7.5 Administrative appeal. legal public holidays) after receipt of
(a) An appeal to the Chairman of that request. The person making the
any denial, in whole or part, of a rerequest shall be notified immediately
quest for access to and copies of mateof the determination, made. In making
rial may be made by submission of a such determinations, it shall first be
written request for reconsideration. considered whether the material re
Such requests must state specific reaquested is of a type described in Sec
sons for reconsideration that address tion 7.2(a); if it is, the request shall be
directly the grounds upon which the granted unless the material is exempt
denial was based. Requests should be ed by Section 7.2(b). If the materials
addressed to the Chairman at the requested is not a type described in
Committee offices. Section 7.2(a), or is the subject of one
(b) The Chairman shall make a deor more exemptions, the request shall
termination with respect to any appeal be denied.
within 20 days (excepting Saturdays, (d) If a determination is made to
Sundays, and legal public holidays) grant a request, the relevant material
after receipt of the request for reconshall promptly be made available for
sideration. The person making such a inspection at the Committee offices. Copies of the material disclosed shall
request shall immediately be notified be furnished within a reasonable time
by mail of the determination. after payment of the fee specified in
(c) If the initial denial is reversed by Section 7.7. Copies of less than 10
the Chairman, any material with pages of material requested in person
which the reversal is concerned shall ordinarily will be furnished immedi
be made available for inspection, and ately following the determination to
copies shall be furnished, in accordgrant the request and payment of the
ance with Section 7.4(d). fee. Larger numbers of copies may be
(d) If the denial is upheld, in whole furnished at the earliest convenience
or in part, the Chairman shall include of the Committee staff, but must be
in the notification a statement of the furnished within a reasonable time
requester's right of judicial review following payment of the fee.
under 5 U.S.C. 552(a)(4), and the (e) Whenever required to prevent a names and positions of the persons reclearly unwarranted invasion of per
sponsible for the denial. sonal privacy, the Executive Director or his delegate shall determine that
8 51-7.6 Extensions of time. identifying details shall be deleted (a) Whenever unusual circumstances from an interpretation to which access exist, as set forth in Section 7.6(b), the is granted or of which copies are fur- times within which determinations nished. Where portions of the request. must be made by the Executive Direced material are exempt under Section tor on requests for access (10 working 7.2(b), and are reasonably segregable days), and by the Chairman on refrom the remainder of the material, quests for reconsideration (20 working those portions shall be excised from days), may be extended by written the materials disclosed. Whenever de notice to the requester. The notice tails are deleted or portions are ex shall set forth the reasons for such excised and not disclosed, the notifica tension, and the date on which a detion shall include the information termination is expected to be made. specified in Section 7.4(f).
The maximum extension of time al(f) If a determination is made to lowed under this section shall be 10 deny a request, the notification shall working days, but shall be utilized include a statement of the reasons for only to the extent reasonably neces
sary to the proper processing of the Sec. particular request.
51-8.102 Availability of records. (b) As used in this section, “unusual 51-8.102-1 Specific exemptions. circumstances” shall mean: (1) The need to search for and col
Subpart 51-8.2—Disclosure of Records lect the requested records from other establishments that are separate from 51-8.201 Conditions of disclosure. the Committee offices;
51-8.202 Accounting of disclosures. (2) The need to search for, collect, and appropriately examine a volumi.
Subpart 51-8.3—Individual Access to Records nous amount of separate and distinct records which are the subject of a
51-8.301 Notification. single request; or
51-8.302 Times, places and requirements (3) The need for consultation, which for access requests. shall be conducted with all practicable 51-8.303 Access procedures. speed, with another agency having a
51-8.303-1 Form of requests. substantial interest in the determina
51-8.303-2 Special requirements for medi. tion of the request.
51-8.303-3 Granting access. $ 51-7.7 Fees.
51-8.303-4 Denials of access.
51-8.304 Fees. The following standard charges for
51-8.304-1 Records available without document search and duplication,
charge. based on the direct costs of such serv
51-8.304-2 Records available at a fee. ices, must be paid before access to, or
51-8.304-3 Prepayment of fees over $25. copies of material will be granted 51-8.304-4 Form of payment. under these regulations:
51-8.304-5 Reproduction fee schedule. (a) Search. $4.00 per person-hour for clerical time; $8.00 per person-hour for
Subpart 51-8.4-Requests To Amend Records professional or supervisory time.
(b) Duplication. $0.10 per page of 51-8.401 Submission of requests to amend photocopied material.
records. (c) Other. When no specific fee has 51-8.402 Review of requests to amend recbeen established for a service, the Ex ords. ecutive Director is authorized to estab- 51-8.403 Approval of requests to amend. lish an appropriate fee based on 51-8.404 Refusal of request to amend. “direct costs" as provided in the Free 51-8.405 Request of review of refusal to dom of Information Act.
amend a record. (d) The Committee shall furnish without charge, or at a reduced Subpart 51-8.5—Report on New Systems and charge, copies of any material dis
Alteration of Existing Systems closed pursuant to these regulations, whenever the Executive Director de
51-8.501 Reporting requirement. termines that waiver or reduction of 51
of 51-8.502 FEDERAL REGISTER notice of estabthe fee is in the public interest be
lishment of new system or alteration of
existing system. cause furnishing the information can
51-8.503 Effective date of new systems of be considered as primarily benefiting
records or alteration of an existing the general public.
system of records.
PART 51-8—PRIVACY ACT RULES
Subpart 51-8.6—Exceptions (Reserved)
Subpart 51-8.1-General Policy
Subpart 51-8.7–Rules of Conduct for Disclosure of Information About an Individual 51-8.701 Committee rules of conduct.
AUTHORITY: Pub. L. 93-579, December 31, 1974; 5 U.S.C. 552a.
SOURCE: 40 FR 51168, Nov. 3, 1975, unless otherwise noted.
tive order. Such records shall not conSubpart 51-8.1-General Policy
tain any information describing how
any individual exercises rights guaran$ 51-8.101 Maintenance of records.
teed by the First Amendment unless $ 51-8.101-1 Collection and use.
specifically authorized by statute, by
the subject individual, or is pertinent Any information used in whole or in
to and within the scope of an authorpart in making a determination about
ized law enforcement activity. For an individual's rights, benefits, or
these purposes. First Amendment privileges under the Committee pro
rights include, but are not limited to, grams, shall, to the extent practicable, religious and political beliefs, freedom be collected directly from the subject
of speech, the press, assembly, and individual. At the time information is freedom to petition. collected, the individual must be informed of the authority for collecting $ 51-8.101-4 Rules of conduct. such information, whether providing
Any employee of the Committee inthe information is mandatory or vol
volved in the design, development, opuntary, the purposes for which the in
eration or maintenance of any system formation will be used, the routine
of records, or in maintaining any uses as published in the FEDERAL REG
record, shall review the provisions of 5 ISTER, and the effects on the individu
U.S.C. 552a and these regulations, and
U.S.C 552a and these r al, if any, of not providing the infor shall conduct himself accordingly with mation. The information collected the rules of conduct concerning the shall be used only for the intended protection of personal information purpose or permission for additional outlined in 41 CFR 51-8.7, Disclosure use will be obtained from the subject of Information about an Individual. individual.
$ 51-8.101-5 Safeguarding systems of rec$ 51-8.101-2 Standards of accuracy.
ords. The Executive Director shall ensure The Executive Director shall ensure that all records which are used by the that appropriate administrative, techagency to make determinations about nical and physical safeguards are esany individual are maintained with tablished to ensure the security and such accuracy, relevance, timeliness, confidentiality of records and to proand completeness as is reasonably nec- tect against any anticipated threats or essary to assure fairness to the individ- hazards to their security or integrity ual. Upon petition by an individual, which could result in substantial the Executive Director shall provide harm, embarrassment, inconvenience, the individual with the opportunity to or unfairness to any individual on review his records, and to request whom information is maintained. amendment of a portion which the individual believes is not accurate, rele $ 51-8.102 Availability of records. vant, timely or complete. Prior to dis Committee records pertaining to an semination of records about any indi- individual shall be made available to vidual to any person or to another the subject individual to the greatest agency, exclusive of disclosure pursu- extent possible. Disclosures of records ant to the Freedom of Information to other than the subject individual Act, the Executive Director shall make will be made only in accordance with reasonable effort to ensure that such Subpart 51-8.2 of this part. records are accurate, complete, timely, and relevant.
§ 51-8.102–1 Specific exemptions.
Systems of records maintained by $ 51-8.101-3 Content of systems of rec
the Committee which have been ords.
exempted from certain requirements The Executive Director shall main of the Privacy Act are designated in tain in records only such information Subpart 51-8.6 of this part. An individabout an individual as is relevant and ual shall have access to all exempted necessary to accomplish an agency records containing information about purpose required by statute or execu- him under procedures outlined in Sub