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lished in the FEDERAL REGISTER (pursuant to the FEDERAL REGISTER regulation on incorporation by reference, 1 CFR Part 51).

8 1206.206 Availability for copying.

Except as provided in § 1206.201, the availability of a record for inspection shall include the opportunity to extract information therefrom or to purchase copies. 8 1206.207 Copies.

The furnishing of a single copy of the requested record will constitute compliance with this part.

from the public in such a manner as to leave no discretion on the issue, or (ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with NASA;

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information,

(i) Could reasonably be expected to interfere with enforcement proceed

8 1206.208 Release of exempt records.

If a record which has been requested is exempt from disclosure under Subpart 3 of this part, the record may nevertheless be made available under the procedures of Subpart 6 of this part if it is determined by an official authorized to make either an initial determination or a final determination that such action would not be inconsistent with a purpose of the exemptions set forth in Subpart 3 of this part.

ings,

Subpart 3—Exemptions 8 1206.300 Exemptions.

(a) Under 5 U.S.C. 552(b) agency records falling within the exemptions of paragraph (b) of this section are not required to be made available under this part. Such records may nevertheless be made available if it is determined that such actions would not be inconsistent with a purpose of the exemption (see § 1206.208).

(b) The requirements of this part to make agency records available do not apply to matters 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 NASA;

(3) Specifically exempted from dis closure by statute (other than 5 U.S.C. 552), provided that such statute (i) requires that the matters be withheld

(A) Whenever a request is made which involves access to these records and

(1) The investigation or proceeding involves a possible violation of crimi. nal law; and

(2) There is reason to believe that the subject of the investigation or proceeding is not aware of its pendency, and disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section.

(ii) Would deprive a person of a right to a fair trial or an impartial ad. judication,

(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy,

(iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducto ing a lawful national security intelli

gence investigation, information fur- quested and at which copies of agency nished by a confidential source,

forms may be obtained: (v) Would disclose techniques and (a) NASA Headquarters Information procedures for law enforcement inves Center, National Aeronautics and tigations or prosecutions, or would dis- Space Administration, Washington, close guidelines for law enforcement DC 20546. investigations or prosecutions if such (b) NASA Information Center, Ames disclosure could reasonably be expect

Research Center, Moffett Field, CA ed to risk circumvention of the law, or

94035. (vi) Could reasonably be expected to (c) NASA Information Center, Hugh endanger the life or physical safety of

L. Dryden Flight Research Facility, any individual.

Post Office Box 273, Edwards, CA Whenever informant records main 93523. tained by a criminal law enforcement

(d) NASA Information Center, Godagency under an informant's name or dard Space Flight Center, Greenbelt. personal identifier are requested by a

MD 20771. third party according to the inform

(e) NASA Information Center, John ant's name or personal identifier, the

F. Kennedy Space Center, Kennedy agency may treat the records as not

Space Center, FL 32899. subject to the requirements of this

(f) NASA Information Center, Langsection unless the informant's status

ley Research Center, Langley Station, as an informant has been officially

Hampton, VA 23665. confirmed. (8) Contained in or related to exami.

(g) NASA Information Center, Lewis nation, operating, or condition reports

Research Center, 21000 Brookpark prepared by, on behalf of, or for the

Road, Cleveland, OH 44135. use of an agency responsible for the

(h) NASA Information Center, regulation or supervision of financial Lyndon B. Johnson Space Center, institutions; or

Houston, TX 77058. (9) Geological and geophysical infor

(i) NASA Information Center, mation and data, including maps, con George C. Marshall Space Flight cerning wells.

Center, Huntsville, AL 35812.

(j) NASA Information Center, John [52 FR 41407, Oct. 28, 1982; 53 FR 5765, Feb. 26, 1988)

C. Stennis Space Center, MS 39529.

(k) NASA Information Center, 8 1206.301 Limitation of exemptions. NASA Resident Procurement Office (a) This Part 1206 does not author

(JPL), 4800 Oak Grove Drive, Pasadeize the withholding of information or

na, CA 91109. the availability of records to the

(1) NASA Information Center, Walpublic, except as specifically stated in

lops Flight Facility, Wallops Island this part.

VA 23337. (b) Nothing in this part shall be con

(52 FR 41407, Oct. 28, 1987; 53 FR 2738, strued as authority to withhold infor

Feb. 1, 1988, as amended at 54 FR 49750, mation from Congress.

Dec. 1, 1989)

Subpart 4—Location for Inspection

and Request of Agency Records 8 1206.400 Information centers.

NASA will maintain Information Centers as set forth in this subpart. 8 1206.401 Location of NASA information

centers. NASA will maintain the following Information Centers, at which agency records may be inspected, from which copies of agency records may be re

8 1206.402 Documents available for in

spection at NASA information centers. (a) Each NASA Information Center will have available for inspection, as a minimum, a current version of the following documents:

(1) The Freedom of Information Act (5 U.S.C. 552, as amended by Pub. L 90-23 and Pub L. 93-502);

(2) Title 14, Chapter V, and Title 41, Chapter 18, Code of Federal Regulations, and material published in the FEDERAL REGISTER for codification but not yet included in the Code of Feder (a) Providing overall supervision and al Regulations;

coordination of the implementation of (3) A master list and index of NASA the policies and procedures set forth Issuances, and a copy of all such is in this part 1206; suances;

(b) After consultation with the Gen(4) A list and index of the manage eral Counsel, making final determinament issuances of the NASA installa tions under $ 1206.607, within the time tion at which the Information Center limits specified in Subpart 6 of this is located, and a copy of such is part; suances;

(c) Determining whether unusual (5) NASA's Scientific and Technical

circumstances exist under $ 1206.608 Aerospace Reports (STAR) and cur

as would justify the extension of the rent indexes thereto;

time limit for a final determination. (6) Cumulative Index to Selected Speeches and News Releases issued by

(52 FR 41407, Oct. 28, 1987; 53 FR 2738, NASA Headquarters;

Feb. 1, 1988, as amended at 54 FR 49750, (7) Index/Digest of Decisions, NASA

Dec. 1, 1989) Board of Contract Appeals;

$ 1206.501 General Counsel. (8) Decisions of the NASA Contract Adjustment Board and a current index

The General Counsel is responsible thereto;

for the interpretation of 5 U.S.C. 552 (9) NASA Handbook NHB 5500.1A and of this part, and for the handling containing an index to decisions of the of litigation in connection with a reNASA Inventions and Contributions quest for an agency record under this Board on Petitions for Patent Waivers; part.

(10) Copies of Environmental Impact Statements filed by NASA under the

§ 1206.502 Field and component installaNational Environmental Policy Act of

tions. 1969;

(a) Except as otherwise provided in (11) Collection of all issues of $ 1206.504, the Director of each NASA “NASA Activities”; and

Installation or the Official-in-Charge 2) List of licenses granted under of each component Installation is reNASA-owned patents.

sponsible for the following: (b) Because the indexes listed in (1) After consultation with the Chief paragraph (a) of this section are volu Counsel or the Counsel charged with minous and because current versions

providing legal advice to a Field or a thereof will be available for inspection Component Installation, making iniat NASA Information Centers, from tial determinations under $ 1206.603 which copies of the indexes may be re and $ 1206.604; quested under $ 1206.603, it is deter (2) Determining whether unusual mined and so ordered that publication circumstances exist under $ 1206.608 of the indexes quarterly in the FEDER

as would justify the extension of the AL REGISTER would be unnecessary and

time limit for an initial determination; impractical.

and

(3) In coordination with the Assist8 1206.403 Duty hours.

ant Deputy Administrator, ensuring The NASA Information Centers that requests for records under the listed in $ 1206.401 shall be open to cognizance of his/her respective inthe public during all regular workdays, stallation are processed and initial defrom 9 a.m. to 4 p.m.

terminations made within the time

limits specified in subpart 6 of this Subpart 5-Responsibilities

part.

(b) If so designated by the Director 8 1206.500 Assistant Deputy Administra

or Official-in-Charge of the respective tor.

installation, the principal Public AfExcept as otherwise provided in fairs Officer at the installation may $ 1206.504, the Assistant Deputy Ad- perform the functions set forth in ministrator or designee is responsible paragraphs (a) (1) and (2) of this secfor the following:

tion.

(52 FR 41407, Oct. 28, 1987, as amended at initial determination to the Inspector 54 FR 49750, Dec. 1, 1989)

General.

(b) The Assistant Inspectors General 8 1206.503 NASA Headquarters.

or their designees are responsible for (a) Except as otherwise provided in making initial determinations under § 1206.504, the Associate Administra $ 1206.603 and $ 1206.604 with respect tor for Communications, is responsible to audit and investigative documents for the following:

originating in the Office of the Inspec(1) Preparing the annual reports re tor General, documents from outside quired by $ 1206.900, including estab the Government related to an audit or lishing reporting procedures through investigation, documents prepared in out NASA to facilitate the preparation response to a request from or adof such reports;

dressed to the Office of the Inspector (2) After consultation with the General, or other documents originatOffice of General Counsels, making

ing with the Office of the Inspector initial determinations under $ 1206.603

General, after consultation with the and § 1206.604;

Attorney-Advisor to the Inspector (3) Determining whether unusual

General or designee. circumstances exist under $ 1206.608

(c) The Inspector General or desigas would justify the extension of the

nee is responsible for ensuring that retime limit for an initial determination;

quests for agency records as specified and

in paragraphs (a) and (b) of this sec(4) In coordination with the Assist

tion are processed and initial determi. ant Deputy Administrator, ensuring

nations are made within the time that requests for agency records under

limits specified in Subpart 6 of this the cognizance of Headquarters are

part. processed and initial determinations

(d) The Inspector General or desigmade within the time limits specified

nee is responsible for determining in subpart 6 of this part.

whether unusual circumstances exist (b) The functions set forth in para

under $ 1206.608 as would justify the graphs (a) (1), (2) and (3) of this sec

extension of the time limit for an ini.

tial or final determination, for records tion may be delegated by the Associate Administrator for Communications to

as specified in paragraphs (a) and (b) a Public Affairs Officer or Specialist

of this section. and to the Manager of his/her desig

(e) Records as specified in paranee, NASA Resident Procurement gran

graphs (a) and (b) of this section inOffice-JPL.

clude any records located at Regional

Inspector General Offices as well as (52 FR 41407, Oct. 28, 1987; 53 FR 2738, records located at the Headquarters Feb. 1, 1988, as amended at 54 FR 49750,

Office of the Inspector General. Dec. 1, 1989)

$ 1206.505 Delegation of authority. 8 1206.504 Inspector General.

Authority necessary to carry out the (a) The Inspector General or desig- responsibilities specified in this subnee is responsible for making final de- part is delegated from the Administraterminations under $ 1206.607 within

tor to the officials named in this subthe time limits specified in Subpart 6

ied in Subpart 6 part. of this part, with respect to audit and investigative documents originating in

Subpart 6–Procedures the Office of the Inspector General, documents from outside the Govern 1206.600 Requests for records. ment related to an audit or investigation, documents prepared in response

A member of the public may request to a request from or addressed to the

an agency record by mail or in person Office of the Inspector General, or

from the Freedom of Information Act other documents originating within

(FOIA) Office having cognizance over

the record requested or from the the Office of the Inspector General, after consultation with the General

NASA Headquarters FOIA Office. Counsel or designee on an appeal of an (54 FR 49750, Dec. 1, 1989)

8 1206.601 Mail requests.

In view of the time limits under 5 U.S.C. 552(a)(6) for an initial determi. nation on a request for an agency record (see $ 1206.603), a request by mail must meet the following requirements:

(a) The request must be addressed to an appropriate NASA FOIA Office or otherwise be clearly identified on the envelope and in the letter as a request for an agency record under the “Freedom of Information Act”.

(b) The request must identify the record requested or reasonably describe it in such a manner as to enable a professional NASA employee who is familiar with the subject area of the request to identify and locate the record with a reasonable amount of effort. NASA need not comply with a blanket or categorical request (such as “all matters relating to" a general subject) where it is not feasible reasonably to determine what is sought. NASA will in good faith endeavor to identify and locate the record sought and will consult with the requester when necessary and appropriate for that purpose. However, as provided in $ 1206.203, NASA will undertake no obligation to compile or create information or records not already in existence at the time of the request.

(c) If a fee is chargeable under Subpart 7 of this part for search or duplication costs incurred in connection with a request for an agency record, and the requester knows the amount of the fee at the time of the request, the request should be accompanied by a check or money order payable in that amount to the “National Aeronautics and Space Administration.” NASA cannot be responsible for cash sent by mail; stamps will not be accepted. If the amount of the fee chargeable is not known at the time of the request, the requester will be notified in the initial determination (or in a final determination in the case of an appeal) of the amount of the fee chargeable (see § 1206.608(c)). For circumstances in which advance payment of fees is required, see § 1206.704. (52 FR 41407, Oct. 28, 1987, as amended at 54 FR 49750, Dec. 1, 1989)

8 1206.602 Requests in person.

(a) A member of the public may request an agency record in person at a NASA FOIA Office (see $ 1206.401) during the duty hours of the installation.

(b) A request at an FOIA Office must identify the record requested or reasonably describe it as provided in $ 1206.601(b).

(c) If the record requested is located at the FOIA Office or otherwise readily obtainable, it shall be made available to the requester upon the pay. ment of any fees that are chargeable (see Subpart 7 of this part), which fees may be paid in cash or by a check or money order payable to the “National Aeronautics and Space Administration." If the record requested is not located at the FOIA Office or otherwise readily obtainable, the request will be docketed at the FOIA Office and processed in accordance with the procedures in $ $ 1206.603 and 1206.604, with any fee chargeable being handled in accordance with § 1206.601(c). (52 FR 41407, Oct. 28, 1987, as amended at 54 FR 49750, Dec. 1, 1989)

8 1206.603 Procedures and time limits for

initial determinations. (a) Except as provided in § 1206.608, an initial determination on a request for an agency record, addressed in accordance with § 1206.601(a) or made in person at a NASA FOIA Office, shall be made, and the requester shall be sent notification thereof, within ten working days after receipt of the request, as required by 5 U.S.C. 552(a)(6).

(b) An initial determination on a request for an agency record by mail not addressed in accordance with $ 1206.601(a) shall be made, and the requester shall be sent notification thereof, within ten working days after the correspondence is recognized as a request for an agency record under the “Freedom of Information Act” and received by the appropriate NASA FOIA Office. With respect to such a request, unless an initial determination can reasonably be made within ten working days of the original receipt, the request will be promptly acknowledged and the requester notified

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