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$ 60.8 Agency determinations of avail. production, certification, and authenticaability of records.

tion, and for related expenses incurred (a) The official having custody of the

by the Bureau with respect to records record shall initially determine:

made available upon request under 5 (1) Whether the requested record can

U.S.C. 552(a) (3). be identified on the basis of the informa

(b) The following fees are hereby tion supplied by the applicant. If he can

established and payable to the Bureau: not identify the record, the application (1) Application feeper application.- $2.00 shall be transmitted to the facility for

This fee is nonrefundable, and covers return to the applicant, specifying why

costs of accepting and reviewing the apit is not identifiable and what additional clarification, if any, the applicant may

plication, and making a determination as make to assist the facility in its

to the availability of the requested recidentification.

ord. The $2 application fee does not

apply to requests for personal census (2) Whether the record, if identifiable, is still in existence or has been de

information, which should be directed

to the Bureau's Personal Census Service stroyed as provided by law, or is not in the possession of the organization. If the

Branch in Pittsburg, Kans. The fee for

personal census service is $4 for a search record no longer exists, the applicant

in turn (4 to 6 weeks) and $5 for exshall be so notified, with the reason stated, via the facility. If the requested

pedited service (about 2 weeks). record is in another organization of the (2) Records search feeper hour per Department, or is the exclusive or pri


$5.00 mary concern of another executive de- This fee covers the costs of locating the partment or agency, the application for desired record, transporting it by govsuch record shall be promptly referred ernment messenger service to a point of to that other organization or agency for inspection, supervising the inspection, further action under its rules, and the and returning the record to its regular applicant shall be promptly informed of file. It also includes the costs of any this referral.

copies of records made at the Bureau's (b) If the requested record is identifi

option. The minimum fee charged for able and subject to the Bureau's de

records search will be one-half hour termination as to its availability, the ap

($2.50). plication shall be reviewed by an official authorized, pursuant to Department

(3) Copies of records, if requested by Order 64, to initially determine its avail

applicant: ability. If he determines, as provided by

(1) Xerographic or similar proc

ess—Up to 9 x 14 inches law, that the record is not to be made

(each page)

$0.25 available to the requesting person, said (ii) Photocopy or similar procparty shall receive in writing, the specific reason(s) why the record is not being

Up to 12 x 18 inches (each disclosed, signed by the official making


1. 00 the determination.

Over 12 x 18 inches, but less

than 18 X 25 inches (each (c) If the record is to be made avail


2.00 able, and there are no further charges (4) Other forms of reproduction, as or fees, it shall be furnished to the re

may be required by the nature of questing person. If, in accord with $ 60.9,

the original record..

(1) there are additional costs to be recovered (5) Certification fee, if requested (apfrom the applicant, they shall be esti

plicable to each certification)-- 1.00 mated and the applicant notified that

(6) Postage, registration, or other for

warding or packing fees-Appliupon his payment of such estimated

cable only if copies of records costs, subject to adjustment as provided

are requested to be shipped to a in $ 60.9, the record shall be made avail

point other than the Bureau's able to him.

reference facility----- --- () $ 60.9 Fees and charges.

1 Individual fee, sufficient to recover full

cost. (a) In accord with Congressional poli

Actual cost. cies that services performed hereunder are to be self-sustaining, as provided by

(c) All fees and charges will be collaw, appropriate fees and charges are

lected in advance. The applicant will be hereby established to cover costs for ap- given an estimate of the cost of records plication handling, record searching, re- search for each application where dis


closure availability is authorized. If ac- (d) If an applicant does not want to cual cost exceeds the estimate, the appli- inspect a record by personal visit, he may cant will have the option of either paying request that a copy thereof be mailed any additional costs, or inspecting the re- to him, upon payment of the copying quested record to the extent covered by and postage fees set forth in $ 60.9. his payment. If the advance estimated Original copies of records shall not be payment is $1 or more in excess of both sent to any location other than the the actual cost and the minimum charge, reference facility for public inspection a refund will be made of the excess above pursuant to 5 U.S.C. 552(a) (3). the higher of these two amounts.

(e) Copies of transcripts of hearings (d) The fees set forth above are based may be made available for inspection upon an initial estimate of the costs to when not in use. When copies of such be incurred in providing the indicated transcripts are requested, if the Buservices and may be revised as necessary

reau's contract with a nongovernmental to insure the recovery of full costs by contractor requires that copies be sold the Bureau.

only by the contractor, the applicant (e) The above fees are established

shall be referred to the contractor. solely for services provided pursuant to

(f) The Bureau in its discretion, when 5 U.S.C. 552(a) (3), and do not affect appropriate in the interests of its profees charged for other Bureau services to gram, may make exceptions to estabthe public, as may be performed under

lished charges. other authorities.

$ 60.11 Requests for reconsideration of $ 60.10 Arrangements for public inspec- nonavailability. tion and copying of available records.

(a) Any person whose application to (a) Upon receipt of the records search inspect a record has been rejected befee, and any fees for additional services cause the record was not to be made requested by the applicant, the requested

available for stated reason(s), may rerecord which has been determined to be quest a reconsideration of the initial available shall, unless the applicant has denial, as set forth herein. otherwise indicated, be transferred to the (b) The request for reconsideration Bureau's reference facility, where it will should be made by completing the applibe held for inspection by the applicant cable section of the Form CD_244, and for 5-work days. The address, and hours returning it to the reference facility of operation, of this facility are stated within 30 days of the date of the origin § 60.5(c).

inal denial. (This date is shown on the (b) During his inspection of the record

Form CD-244.). No addition fee is reat the facility, the applicant may copy quired to obtain reconsideration. In subby hand any portion of the record, may mitting a request for reconsideration, request the facility to make a copy the applicant should include any written thereof, and may obtain certification of arguments he desires to support his bea machine-copied record in accordance lief that the record requested should be with the fee structure in $ 60.9(a) (3).

made available. No personal appearance, (c) No changes or alterations of any

oral argument, or hearing shall be type may be made to the record being permitted. inspected, nor may any matter be added (c) The decision upon such review to subtracted therefrom. Papers shall be made by the Director, Bureau of bound or otherwise assembled in a rec- the Census, and shall be based upon the ord file may not be disassembled during original application, the denial, and any inspection. Staff of the facility shall pro- written argument submitted by the vide assistance if disassembly of a rec- applicant. ord is necessary for copying purposes, and (d) The decision upon review shall be are authorized to supervise public in- promptly made in writing and communispection as necessary to protect the rec- cated to the applicant. If the decision is ords of the Department. The public is re- wholly or partly in favor of the appliminded of Title 18, United States Code, cant, the requested record to such extent section 2701(a), which makes it a crime shall be made available for inspection, as to conceal, remove, mutilate, obliterate, described in $ $ 60.9 and 60.10. To the or destroy any record filed in any pub- extent that the decision is adverse to lic office, or to attempt to do any of the the request, the reasons for the denial foregoing.

shall be stated.


(e) A decision upon review completed as provided by this section shall constitute the final decision and action of the Bureau as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3).

(f) Reconsiderations resulting in final decisions as prescribed herein shall be indexed and kept available for public reference in the facility. $ 60.12 Subpoena or other compulsory

process. Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority are set forth in section 7 of Department Order 64.

Notice and public procedure are not necessary for the promulgation of this part since the rules contained herein are procedural rather than substantive in nature and relate to agency management.

$ 70.1 Cutoff date and the effect on enu

meration. The Bureau of the Census will recognize only those boundaries legally in effect on January 1, 1970, for the tabulation and publication of data from the 1970 Censuses of Population and Housing. Respondents will be enumerated on the census date as residing within the legal limits of municipalities, wards, the county subdivision areas, and counties as these limits existed on January 1 of the census year. $ 70.2 County subdivision defined for

census purposes. For purposes of this part, county subdivisions are defined to include the areas identified by the Bureau of the Census as minor civil divisions. Although civil and judicial townships are the most frequent type of minor civil division, there are also beats, election districts, magisterial districts, towns, and other areas. A more complete description appears on page XXI of “1960 Census of Population, Volume I, Part A.” $ 70.3 Effect of boundary changes after

the cutoff date. Changes in boundaries that become effective after January 1, 1970, will not be recognized by the Bureau of the Census in taking the 1970 Federal censuses. The residents of any area which is transferred to another jurisdiction after January 1, 1970 will be enumerated in the census as residents of the area in which their respective residences were located on January 1.



Sec. 70.1 Cutoff date and the effect on enumera

tion. 70.2 County subdivision defined for census

purposes. 70.3 Effect on boundary changes after the

cutoff date. AUTHORITY: The provisions of this part 70 issued under 13 U.S.C. 4, 5; and the delegation to the Director, Bureau of the Census by Department of Commerce Order No. 85.

SOURCE: The provisions of this Part 70 appear at 32 F.R. 15154, Nov. 2, 1967.



[blocks in formation]

240 241

Barrels and other containers for lime.
Barrels for fruits, vegetables and other dry commodities, and for cranberries.



Fellowships in laboratory standardization and testing for qualified citizens

of other American Republics. Research Associate Program.




Standard for devices to permit the opening of household refrigerator doors

from the inside.



PROCEDURES, AND FEES Sec. 200.100 Statutory functions. 200.101 Measurement research. 200.102 Standards for measurement. 200.103 Types of calibration and test sery

ices. 200.104 Consulting and advisory services. 200.105 Standard reference materials. 200.106 Critically evaluated data. 200.107 Publications. 200.108 Broadcasts. 200.109 Request procedure. 200.110 Shipping, insurance, and risk of loss. 200.111 Priorities and time of completion. 200.112 Witnessing of operations. 200.113 Reports. 200.114 Use of results or reports. 200.115 Fees and bills. 200.116 Description of services and list of

fees, incorporation by reference. AUTHORITY: The provisions of this part 200 are issued under sec. 9, 31 Stat. 1450, as amended; 15 U.S.C. 277. Interprets or applies sec. 7, 70 Stat. 959; 15 U.S.C. 275a.

SOURCE: The provisions of this part 200 appear at 32 F.R. 21012, Dec. 29, 1967, unless otherwise noted. $ 200.100 Statutory functions.

(a) The National Bureau of Standards has been assigned the following functions (15 U.S.C. 271-278e):

(1) The custody, maintenance, and development of the national standards of measurement, and the provision of means and methods for making measurements consistent with those standards, including the comparison of standards used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the Government.

(2) The determination of physical constants and properties of materials when such data are of great importance to scientific or manufacturing interests and are not to be obtained with sufficient accuracy elsewhere.

(3) The development of methods for testing materials, mechanisms, and structures, and the testing of materials, supplies, and equipment, including items purchased for use of Government departments and independent establishments.

(4) Cooperation with other governmental agencies and with private organizations in the establishment of standard practices, incorporated in codes and specifications.

(5) Advisory service to Government agencies on scientific and technical problems.

(6) Invention and development of devices to serve special needs of the Government.

(b) The calibration and testing activities of the Bureau stem from the functions in paragraph (a) (1) and (3) of this section. These activities are assigned primarily to the NBS Institute for Basic Standards. Its program provides the central basis within the United States for a complete and consistent system of physical measurement; coordinates that system and the measurement system of other nations; and furnishes essential services leading to accurate and uniform physical measurements throughout the Nation's scientific community, industry, and commerce.

(c) The provision of standard reference materials for sale to the public is assigned to the Office of Standard Reference Materials of the NBS Institute for Materials Research. It evaluates the requirements of science and industry for carefully characterized reference materials, stimulates the Bureau's efforts to develop methods for production of needed reference materials and directs their production and distribution. For information on standard reference materials see Subchapter B, Chapter II, of this Title 15.

(d) The provision of technical seryices to facilitate technical innovation and industrial use of the results of modern science and technology is assigned to the NBS Institute for Applied Technology. The principal elements of the Institute are (1) a Center for Computer Sciences and Technology which conducts research and provides technical services designed to improve cost effectiveness in the conduct of agency programs through the use of computers and related techniques; (2) technical divisions which provide seryices in technology of more general applicability; and (3) the Clearinghouse for Federal Scientific and Technical Information which promotes widest effective use by the scientific community, industry, and commerce of current information in all fields of industrial technology. 8 200.101 Measurement research.

(a) The NBS Institute for Basic Standards carries out the Bureau's func

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