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Act from which exempted, and the reasons therefor are as follows: (i) Individuals identified in Export Administration compliance proceedings or investigations—COMMERCE/ ITA-1, but only on condition that the general exemption claimed in § 4b.13(b)(1) is held to be invalid; (ii) Individuals involved in export transactions—COMMERCE/ITA—2; (iii) Fisheries Law Enforcement Case Files—COMMERCE/NOAA-11, but only on condition that the general exemption claimed in § 4b.13(b)(2) is held to be invalid; (iv) Investigative Records—COntract, and Grant Frauds and Employee Criminal Misconduct—COMMERCE/DEPT12, but only on condition that the general exemption claimed in § 4b.13(b)(3) is held to be invalid; (v) Investigative Records—Persons Within the Investigative Jurisdiction Of the Department—COMMERCE/ DEPT-13; (vi) Litigation, Claims and Administrative Proceeding Records—COMMERCE/DEPT-14; and (vii) Non-Registered Persons Rendering Assistance to Patent Applicants— COMMERCE/PAT—TM–5.

The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). The reasons for asserting the exemption are to prevent Subjects Of investigation from frustrating the investigatory process, to insure the proper functioning and integrity Of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources and law enforcement, personnel. Special note is taken of the fact that the proviso clause in this exemption in ports due process and procedural protections for the individual. The existence and general character of the information exempted will be made known to the individual to whom it. pertains.

(3) Eacempt under 5 U.S.C. 552a(k) (4). The Systems of records exempt, the sections of the Act from which exempt— ed, and the reasons therefor are as follows:

(i) Agricultural Census Records for 1964 (partial), 1969, and 1974—COMMERCE/CENSUS–1; (ii) Individual and Household Statistical Surveys and Special Census Studies Records—COMMERCE/CENSUS—3; (iii) Minority-Owned Business Enterprises Survey Records—COMMERCE/ CENSUS–4; (iv) Population and Housing Census Records for 1960 and 1970–COMMERCE/ CENSUS–5; (v) Population Census Personal Service Records for 1900 and All Subsequent Decennial Censuses—COMMERCE/CENSUS–6; and (vi) Special Censuses of Population Conducted for State and Local Government—COMMERCE/CENSUS–7.

The foregoing are exempted from 5 U.S.C. 552a.(c)(3), (d), (e)(1), (e)(4)(G) (H), and (I), and (f). The reasons for asserting the exemption are to comply with the prescription of Title 13, United States Code, especially sections 8 and 9 relating to prohibitions against disclosure, and to avoid needless consideration of these records whose sole statistical use comports fully with a basic purpose of the Act, namely, no adverse determinations may be made from these records as to any identifiable individual. (4) Exempt under 5 U.S.C. 552a(k)(5). The systems of records exempt (some only conditionally), the Sections of the act from which exempted, and the reasons therefor are as follows: (i) Applications to U.S. Merchant Marine Academy (USMMA)—COMMERCE/ MA—1; (ii) USMMA Midshipman Medical Files—COMMERCE/MA–17; (iii) USMMA Midshipman Personnel Files—COMMERCE/MA–18; (iv) USMMA Non-Appropriated fund Employees—COMMERCE/MA–19; (v) Applicants for the NOAA Corps— COMMERCE/NOAA-4; (vi) Commissioned Officer Official Personnel FOlders—COMMERCE/ NOAA—7; (vii) Conflict of Interest Records, Appointed Officials—COMMERCE/DEPT3; (viii) Investigative Records—Contract and Grant Frauds and Employee Criminal Misconduct—COMMERCE/ DEPT-12, but only on condition that the general exemption claimed in § 4b.13(b)(3) is held to be invalid;

(ix) Investigative Records—Persons Within the Investigative Jurisdiction Of the Department—COMMERCE/ DEPT-13; and

(x) Litigation, Claims, and Administrative Proceeding Records—COMMERCE/DEPT-14.

The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f). The reasons for a Sserting the exemption are to maintain the ability to obtain candid and necessary information, to fulfill Commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, ultimately, to facilitate proper Selection or continuance of the best applicants or persons for a given position or Contract. Special note is made of the limitation on the extent to which this exemption may be asserted. The existence and general character of the information exempted will be made known to the individual to whom it pertains. (c) At the present time, the Department claims no exemption under 5 |U.S.C. 552a(k) (3), (6) and (7).

[40 FR 45621, Oct. 2, 1975; 40 FR 50662, Oct. 30, 1975; 40 FR 51168, Nov. 3, 1975, as amended at 43 FR 43021, Sept. 22, 1978]

APPENDIX A TO PART 4b-OFFICIALS TO RECEIVE INQUIRIES, REQUESTS FOR ACCESS AND REQUESTS FOR CORRECTION OR AMENDMENT

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Bureau of Export Administration.

Economic Development Administration.

International Trade Administration.

Minority Business Development Agency.

National Institute of Standards & Technoloyy.

National Oceanic and Atmospheric Administration.

National Telecommunications and Information Administration.

National Technical information Service.

Patent and Trademark Office.

United States Travel and Tourism Administration.

Privacy Act Officer, Office of Security and Management Support, Bureau of Export Administration, Room 3889, Herbert C. Hoover Building, Washington, DC 20230. Assistant Chief Counsel, Economic Development Administration, Room 7001, Herbert C. Hoover Building, Washington, D.C. 20230. Privacy Act Officer, Office of Organization and Management Support, International Trade Administration, Room 4102, Herbert C. Hoover Building, Washington, D.C. 20230. Assistant Director for Operations, Minority Business Development Agency, Room 6723, Herbert C. Hoover Building, Washington, D.C. 20230. Deputy Director of Administration, National Institute of Standards & Technology, Room A1105, Administration Building, Washington, D.C. 20234. Director, Office of Administration, National Oceanic and Atmospheric Administration, Room 1109, Herbert C. Hoover Building, Washington, D.C. 20230. Director of Administration, National Telecommunications and Information Administration, Room 4717, Herbert C. Hoover Building, Washington, D.C. 20230. Manager, Management Analysis Division, National Technical lnformation Service, Room 209, Forbes Building, Springfield, Virginia 22161. Solicitor, Patent and Trademark Office, Room 12C08 Gateway 2, Crystal City, Virginia 20231. Director, Office of Management and Administration, United States Travel and Tourism Administration, Room 1524, Herbert C. Hoover Building, Washington, D.C. 20230.

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portunity Appeal Commission.9

Complaints.

Formal Complaints/Ap- || Merit Systems Protection Board.” peals of Adverse Per

Sonnel Actions.

"The provisions of this part do not apply to these records covered by notices of systems of records published by the Office of Personnel Management for all agencies. The regulations of OPM alone apply.

*The provisions of this part apply only initially to these records covered by notices of systems of records published by the U.S. Department of Labor for all agencies. The regulations of that Department attach at the point of any denial for access or for correction or amendment.

*The provisions of this part do not apply to these records covered by notices of systems of records published by the Equal Employment Opportunity Commission for all agencies. The regulations of the Commission alone apply.

*The provisions of this part do not apply to these records covered by notices of systems of records published by the Merit Systems Protection Board for all agencies. The regulations of the Board alone apply.

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[51 FR 32207, Sept. 10, 1986. Redesignated at 53 FR 26236, July 12, 1988]

APPENDIX C TO PART 4b–FACSIMILE OF OFFICIAL FORM FOR INQUIRIES AND REQUESTS

DISCLOSURE OF LOBBYING ACTIVITIES :**
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. Contract a. bid/offersapplication a. initial filing
[] b. grant . D b. initial award Co. b. material change
à four- agreement c. post-award For Material Change Only:
e. loan guarantee year quarter –
f, loan insurance date of last report
4. Name and Address of Reporting Entity: s. It Reporting Entity in No. 4 is subswerdee. Enter Name
O Prime O Subawardee and Address of Prime:
Tier , if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Entity b. individuals Pers Services (including address if

(if individual, last name, first name, MI):

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different from No. 10
(last name, first name, MI):

11.

Amount of Payment scheck all that apply):

13. Type of Payment (check all that apply):

or Member(s) contacted, for Payment indicated in term 11:

$ D actual D planned D. a. retainer
CD b. one-time fee
12. Form of Payment (check all that apply): C. c. cornmission
D d. contingent fee
C. a. cash 8
D b. in-kind; specify: nature G e. deferred
o o D. f. other; specify:
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employeets),

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“Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false

SPECIAL NOTICE

FALSE STATEMENTS SUBJECT TO CRIMINAL PENALTIES The Privacy Act of 1974 (Pub. L. 93–579), 5 U.S.C. 552a(i)(3), states:

pretenses shall be guilty of a misdemeanor and fined not more than $5,000."

[40 FR 45621, Oct. 2, 1975; 40 FR 50662, Oct. 30, 1975; 40 FR 51168, Nov. 3, 1975. Redesignated at

53 FR 26236, July 12, 1988]

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PART 5–OPERATION OF VENDING STANDS

Sec.

5.1 Purpose.

5.2 Policy.

5.3 Assignment of functions and authorities.

5.4 PermitS.

5.5 Vending machines.

5.6 Appeals.

5.7 Reports.

5.8 Approval of regulations.

AUTHORITY: Sec. 4, 68 Stat. 663; 20 U.S.C. 107.

SOURCE: 28 FR 7772, July 31, 1963, unless Otherwise noted.

§ 5.1 Purpose.

This part prescribes regulations to assure the granting of preference to blind persons licensed under the proviSions of the Randolph-Sheppard Vending Stand Act (49 Stat. 1559, as amended by the act of August 3, 1954, 68 Stat. 663; 20 U.S.C. 107) for the operation of vending stands (which term as used in this order includes vending machines).

$5.2 Policy.

(a) The Department adopts the Federal policy announced in the RandolphSheppard Vending Stand Act, as amended, to provide blind persons with remunerative employment to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in Striving to make themselves Self-supporting. (b) It shall be the policy of the Department to authorize blind persons licensed under the provisions of the Randolph-Sheppard Vending Stand Act, as amended to operate vending Stands without any charge for space or neceSSary utilities on properties Owned and occupied by the Department or on which the Department controls maintenance, Operation, and protection. (c) The Department will cooperate with the Department of Education and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by licensed blind perSOnS. (d) The application of a State licensing agency for a permit may be denied or revoked if it is determined that the

interests of the United States would be adversely affected or the Department would be unduly inconvenienced by the issuance of a permit or its continuance.

(e) Disagreements concerning the de

.nial, revocation, or modification of a

permit may be appealed by the State licensing agency as set forth in §5.6.

[28 FR 7772, July 31, 1963, as amended at 55 FR 53489, Dec. 31, 1990]

$5.3 Assignment of functions and authorities.

(a) The Director, Office Of Administrative Services, shall carry out the Department’s responsibility to provide, in accordance with applicable law and regulation, the maximum opportunity for qualified blind persons to operate vending stands.

(b) Subject to instructions issued by the Director, Office of Administrative Services, the head of each primary or— ganization unit shall be responsible for implementing this program within his a,I’68,.

(c) The Director, Office of Administrative Services for the primary organization units located in the main Commerce building and the head of each Other primary Organization unit will make determinations with respect to the terms of permits including the location and operation of vending stands and machines in their respective a,I’éa,S.

(d) Unresolved differences and significant violations of the terms of permits shall be reported to the State licensing agency. Where no corrective action is forthcoming, the matter shall be referred to the Office of Vocational Rehabilitation, Department of Education for consideration prior to further a Ction.

[28 FR 7772, July 31, 1963, as amended at 55 FR 53489, Dec. 31, 1990]

§ 5.4 Permits.

(a) No permit, lease, or other arrangement for the operation of a vending stand on property under control of the Department shall be entered into or renewed without first consulting the State licensing agency or equivalent authority.

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