farm research programs: Deputy Administrator for Farm Research, ARS, Room 324-A, Administration Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

II. Nutrition, Consumer and Industrial Use Research-Material concerning research and development programs to provide new, wider, and more effective uses for agricultural products and byproducts:

Deputy Administrator, Nutrition Consumer

and Industrial Use Research, ARS, Room 310-A, Administration Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

III. Marketing Research-Material involving the research programs concerning the improvement and protection of quality and efficient handling of agricultural products as they pass through the marketing system: Deputy Administrator, Marketing Research, ARS, Room 359-A, Administration Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

IV. Regulatory and Control-Material concerning regulatory and control programs covering animal and plant pests and diseases: Deputy Administrator, Regulatory and Control, ARS, Room 302-E, Administration Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

V. Administrative Management-Material concerning administrative management activities:

Deputy Administrator, Administrative Management, ARS, Room 304-A, Administration Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

VI. Foreign Research and Technical Activities-Materials concerning foreign research contract and grant activities for the Department carried out by foreign governments and scientific organizations under Public Law 480 and related legislation:

Director, Foreign Research and Technical Programs Division, ARS, Room 344-A, Ad

ministration Building, 14th and Independence Avenue SW., Washington, D.C. 20250. VII. Information Division-Published material concerning research and regulatory activities, including press releases, special articles, periodicals:

Director, Information Division, ARS, Room 5133, South Agriculture Building, 14th and Independence Avenue SW., Washington, D.C. 20250.

Subpart B-Disclosure of Identifiable Records

§ 370.10 Requests.

Requests for ARS records, pursuant to 5 U.S.C. 552(a) (3), shall (a) be made in writing to the appropriate Deputy Administrator or Division Director responsible for the program (30 F.R. 5799, April 24, 1965, as amended) and (b) identify each record sought with reasonable specificity. Requests may be submitted in person or by mail.

The above does not preclude persons from requesting such material in person, or in writing, directly from a field office, if it has been customary to obtain the information in this matter and the request is made during the local working hours of the office involved.

§ 370.11

Delegation of authority.

Subject to section 370.15, the Deputy Administrators or the Directors of the Information or Foreign Research and Technical Programs Division are authorized to act, on behalf of ARS, on all such requests in accordance with 5 U.S.C. 552, as implemented by this subpart. § 370.12 Available records.

ARS will promptly make available all ARS records requested in accordance with section 370.10 except exempt records as described in section 370.13.

§ 370.13 Exempt records.

Exempt records of ARS include the following:

(a) Matters specifically required by executive order to be kept secret.

(b) Matters related solely to the internal personnel rules and practices of the agency.

(c) Matters specifically exempted from disclosure by statute. This would include but would not be limited to:

(1) Section 3c(4) of the Federal Insecticide, Fungicide, and Rodenticide Act, prohibiting the disclosure of information relative to formulas of products

acquired by authority of section 4 of the Act.

(d) Matters that are trade secrets and commercial or financial information obtained from a person and privileged or confidential. This would include but would not be limited to:

(1) Scientific and technical data on products or processing methods submitted by contractor, grantee, cooperator and manufacturer or processor.

(2) Data in research studies including information on commercial facilities and procedures where disclosure would adversely affect the respondent.

(3) Records concerning research project descriptions, progress reports or information concerning incomplete research prior to formal publication when such release would adversely affect the public interest.

(4) Data on products, sales, manufacturing or processing methods (includes data on plants, animals or animal byproducts, being moved by permit or license, etc.) from manufacturers or processors, licensee, registrant, permittee and laboratory or field tests.

(5) Data relating to disease outbreak identifying suspect or related animal, owner, source of outbreak, etc.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency. This would include but would not be limited to:

(1) Records involving any pending or expected claim actions against the Government resulting from property damage or personal injury.

(2) Records involving pesticide accidents resulting from plant pest control programs.

extent available by law to a party other than an agency.

§ 370.14 Determinations.

The appropriate Deputy Administrator or Division Director shall promptly make available any ARS records requested in accordance with section 370.10, unless he determines that it is an exempt record. He shall give prompt written notice of any such determination together with the reasons therefor.

§ 370.15 Appeals.

The denial of any request for an ARS record or records may be appealed by the person who made the request to the Administrator of ARS. The appeal shall be made in writing within 30 days. The Administrator will give written notice of ARS' final determination.

§ 370.16 Inspection and copies.

A person who has requested available records shall be promptly notified that upon payment of applicable fees, he may inspect and copy such records (or copies) and purchase copies or extracts thereof, in the office, listed under section 370.5, on business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. The applicable fees are prescribed by the Director, Office of Plant and Operations, USDA.

(3) Documents covering agency plans which may be subject to revision before presentation.

(4) Reports of internal deliberations where premature release could harm the authorized and appropriate purpose for which they are being used.

(5) Preparatory budget material. (f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This would include but would not be limited to:

(1) Records regarding revocation of accreditation of veterinarians to conduct tests on animals and poultry diseases.

(g) Investigatory files compiled for law enforcement purposes except to the

Preservation of property.

Conformity with signs and emergency directions.

Intoxicating beverages and narcotics. Soliciting, vending, debt collection, and distribution of handbills.

Photographs for news, advertising, or commercial purposes.

Pets.

Vehicular and pedestrian traffic. Weapons and explosives.

Nondiscrimination.

Exceptions.

371.15 Penalties and other law.

AUTHORITY: The provisions of this Part 371 issued under secs. 2, 4, 62 Stat. 281; sec. 103, 63 Stat. 380; sec. 205 (d), 63 Stat. 389; 40 U.S.C. 318a, 318c, 486(d), 753, 34 F.R. 6406; 34 F.R. 7389.

SOURCE: The provisions of this Part 371 appear at 34 F.R. 12939, Aug. 9, 1969, unless otherwise noted.

The rules and regulations in this part apply to the buildings and grounds of the National Arboretum, Washington, D.C., and to all persons entering in or on such property. The Administrator, General Services Administration, has delegated to the Secretary of Agriculture, with authority to redelegate, the authority to make all the needful rules and regulations for the protection of the buildings and grounds of the National Arboretum (34 F.R. 6406). The Secretary of Agriculture has in turn delegated such authority to the Administrator, Agricultural Research Service (34 F.R. 7389). The rules and regulations in this part are issued pursuant to such delegations.

Entering National Arboretum property or the operating of a motor vehicle thereon, by a person under the influence of intoxicating beverages or narcotic drug, or the consumption of such beverages or the use of such drug in or on National Arboretum property, is prohibited.

§ 371.8 Soliciting, vending, debt collection, and distribution of handbills. The soliciting of alms and contributions, commercial soliciting and vending of all kinds, the display or distribution of commercial advertising, or the collecting of private debts, in or on National Arboretum property, is prohibited. This section does not apply to national or local drives for funds for welfare, health, and other purposes sponsored or approved by the Agricultural Research Service, concessions, or personal notices posted by employees on authorized bulletin boards. Distribution of material such as pamphlets, handbills, and flyers is prohibited without prior approval of the Director, National Arboretum.

§ 371.9 Photographs for news, advertising, or commercial purposes.

Photographs for news purposes may be taken at the National Arboretum without prior permission. Photographs for advertising and commercial purposes may be taken at the National Arboretum only with the prior written approval of the Director, National Arboretum.

authority, parking in unauthorized locations or in locations reserved for other persons, or contrary to the direction of posted signs is prohibited. This section may be supplemented from time to time, by the issuance and posting of specific traffic directives as may be required, and when so issued and posted such directives shall have the same force and effect as if made a part hereof. § 371.12

Weapons and explosives.

No person while in or on National Arboretum property shall carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes.

a public nature, including all services, privileges, accommodations, and activities provided thereby on National Arboretum property.

§ 371.14 Exceptions.

The Administrator, Agricultural Research Service, may in individual cases make prior, written exceptions to the rules and regulations in this part if he determines it to be not adverse to the public interest.

§ 371.15 Penalties and other law.

Whoever shall be found guilty of violating the rules and regulations in this part is subject to fine of not more than $50 or imprisonment of not more than 30 days, or both (see 40 U.S.C. 318c). Nothing contained in the rules and regulations in this part shall be construed as abrogating or authorizing the abrogation of any other regulations or any Federal law or any laws and regulations of the District of Columbia which may be applicable.