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(2) Those statements of policy and interpretations which have been adopted by GSA and are not published in the FEDERAL REGISTER.

(3) Administrative staff manuals and instructions to staff that affect a member of the public; unless such materials are promptly published and copies offered for sale. (Any materials published and offered for sale will also be available in each reading room.)

(b) In addition, an index arranged by subject matter of the materials enumerated in paragraph (a) of this $ 105–60.302 will be maintained for public inspection in each reading room. This index in each regional office will relate only to materials housed in the particular region. The Washington, D.C. readirig room located at Region 3 will maintain indexes of Central Office and Region 3 materials. $ 105-60.303 Rules for public inspec

tion and copying. (a) Locations. Reading rooms containing the materials available for public inspection and copying, described in § 105-60.302, are located in the GSA Business Service Centers at the addresses listed below: Central Office (GSA Headquarters), Wash

ington, D.C. GSA Regional Office Building, Seventh and D Streets SW., Washington, D.C. 20407, Telephone: Area Code 202

963-4147. Region 1, Boston, Mass. (Comprising the

States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont). John Fitzgerald Kennedy Federal Building, Boston, Mass. 02203, Tele

phone: Area Code 617–223–2868. Region 2, New York, N.Y. (Comprising the

States of Delaware, New Jersey, New York, and Pennsylvania; and the Commonwealth of Puerto Rico and the Virgin Islands). 30 Church Street, New York, N.Y. 10007, Tele

phone: Area Code 212-264-1234. Region 3, Washington, D.C. (Comprising the

District of Columbia and the States of
Maryland, Virginia, and West Virginia).
GSA Regional Office Building, Seventh and
D Streets SW., Washington, D.C. 20407,

Telephone: Area Code 202–963–4147. Region 4, Atlanta, Ga. (Comprising the States

Region 6, Kansas City, Mo. (Comprising the

States of Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota). 1500 East Bannister Road, Kansas City, Mo. 64131, Telephone: Area Code 816–

361-7203. Region 7, Fort Worth, Tex. (Comprising the

States of Arkansas, Louisiana, Oklahoma, and Texas). 819 Taylor Street, Fort Worth, Tex. 76102, Telephone: Area Code 817–334

3284. Region 8, Denver, Colo. (Comprising the

States of Arizona, Colorado, New Mexico, Utah, and Wyoming). Building 41, Denver Federal Center, Denver, Colo. 80225, Tele

phone: Area Code 303-233-6689. Region 9, San Francisco, Calif. (Comprising

the States of California, Hawaii, and Nevada). 49 Fourth Street, San Francisco, Calif. 94103, Telephone: Area Code 415

556-2114. Region 10, Seattle, Wash. (Comprising the

States of Alaska, Idaho, Montana, Oregon, and Washington). 909 First Avenue, Seattle, Wash. 98104, Telephone: Area Code 206-583-5558.

(b) Time. The reading rooms in the GSA Business Service Centers will be open to the public during the established hours of business.

(c) Copying. GSA will furnish reasonable copying services at appropriate fees which will be posted at each Business Service Center reading room. However, in suitable circumstances, a member of the public may be authorized to copy materials himself, under such procedures as the Director of Information or the Regional Director of Business Affairs, as the case may be, may determine.

(d) Reading room rules—(1) Age. Permission to inspect materials will not be given to a person under 16 years unless accompanied by an adult who agrees to remain with the minor while the materials are in use.

(2) Handling of materials. The unlawful removal or mutilation of materials is forbidden by law and is punishable by fine or imprisonment or both (18 U.S.C. 2071). When requested by a reading room attendant, a person inspecting materials must present for examination any briefcase, notebook, package, envelope, book, or other article that could contain GSA informational materials.

(3) Reproduction services. The GSA Business Service Centers will furnish reasonable reproduction services of materials available. Any fees charged will be on the basis of a posted fee schedule and, normally, will be paid in advance by cash, check, or money order made payable to the General Services Administration. If a specific request is in writing, payment should be mailed to the Regional Director of Business Affairs for the Business Service Center having custody of the particular materials desired (see listing in § 105–60.303(a)). Whenever in the judgment of the Regional Director of Business Affairs, there is an indicated urgency of need for documents which are requested by mail or telephone, the requirement for advance payment may be waived, and the inquirer may be requested to make later reimbursement.

of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee). 1776 Peachtree Street Atlanta, Ga. 30309, Telephone: Area Code

404-526-5661. Region 5, Chicago, Ill. (Comprising the States

of Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin). 219 South Dearborn Street, Chicago, Ill. 60604, Telephone: Area Code 312-353-5383.

NW.,

(e) Fees. The fee to be charged will be fair and equitable, taking into account the cost to the Government, value to the recipient, the public policy or interest served, and other pertinent fa ors. (For further discussion of this matter, see the so-called “User Statute," section 501, 65 Stat. 290, August 31, 1951 (5 U.S.C. 140 (1964 ed.)), and Bureau of the Budget Circular A-25, September 23, 1959.) § 105-60.304 Deletion of identifying de

tails. To the extent required to prevent a clearly unwarranted invasion of personal privacy, GSA may delete identifying details when making available or publishing an opinion, statement of policy, interpretation, or staff manual or instruction. However, the justification for each deletion will be explained fully in writing, and will require the concurrence of appropriate legal counsel. A copy of the justification will be attached to the material containing the deletion and a copy will also be furnished to the appropriate Regional Director of Business Affairs and the Director of Information (Washington, D.C.). § 105-60.305 Index.

The index described in § 105–60.302(b) will be maintained by GSA in the approprlate reading rooms and made available for public inspection and copying. The index will provide current identifying information for the public as to any matter (see $ 105-60.302) which is issued, adopted, or promulgated by GSA and required to be made available or published under 5 U.S.C. 552(a) (2). The index will include all current materials in the reading room regardless of the effective date of the materials. 8 105-60.306 Effect of failure to make

informational materials available. Materials available pursuant to $ 105– 60.302 that affect a member of the pub

lic may be relied upon, used, or cited as precedent by GSA against any private party only if (a) they have been indexed and either made available or published as required by 5 U.S.C. 552(a) (2), or (b) the private party has actual and timely notice of their terms. Subpart 105-60.4Identifiable

Records 105-60.401 General. Except with respect to the records made available pursuant to Subparts 105–60.2 and 105–60.3, identifiable records requested in accordance with $ 105–60.402, or in accordance with $ 105–61.101 or $ 105–61.104, will be made promptly available to any person by GSA, unless nondisclosure is invoked pursuant to $ 105-60.105–2. While the burden of identification rests with the person seeking the record, GSA will assist to the extent practicable in this regard. Where it is believed that records requested may be involved in litigation or other judicial process in which the United States is a party, the procedures set forth under § 105–60.109 shall be followed. [33 F.R. 4884, Mar. 22, 1968] f 105-60.402 Procedures for making

records available. This section sets forth initial procedures for making identifiable records available when requested. These procedures do not apply to records that have been transferred to the National Archives and Records Service in accordance with the Federal Records Act of 1950 (44 U.S.C. 392–401), which include "archives” and “FRC records" (as defined in 88 105–61.001-2 and 105–61.001-3). The initial procedures on availability of such records are governed by Part 105–61 (see $$ 105–61.101 and 105-61.104). (33 F.R. 4884, Mar. 22, 1968] $ 105-60.402–1 Submission of requests

for identifiable records. (a) With respect to identifiable records located in the GSA Central Ofice, requests shall be submitted, in writing or in person, to the Director of Information, Office of the Administrator, General Services Administration, Washington, D.C. 20405. With respect to identifiable records located in the GSA regional offices, requests shall be submitted to the Regional Director of Business Affairs for the particular region involved at the address listed in $ 105-60.303(a).

(b) When the requester does not know advised and furnished the specific reawhich GSA office has custody of an iden- sons therefor in writing. The denial reply tifiable record, he may address his re- will (1) briefly describe the record request to the Regional Director of quested, (2) state the legal basis for Business Affairs for the region conven- nondisclosure (see subpart 105-60.6), ient to him, or to the Director of Infor- and (3) except in cases where the public mation (Washington, D.C.). Where a interest so requires, specify the compelrequest is made of a Regional Director of ling reasons justifying the denial. Business Affairs for a record not in the (b) To assure uniformity of determicustody of that regional ofice, the re- nations in this regard, the Director of quester should be informed of the loca- Information for the Central Office and tion of the record and that, at his each Regional Director of Business Afpreference, either the record will be

fairs for denials made by his region shall requested for him or he may directly retain a copy of all denial replies. Copies request it from the holding office.

of all regional denials shall be sent to (32 F.R. 9564, July 1, 1967, as amended at the Director of Information, Washing33 F.R. 4884, Mar. 22, 1968]

ton, D.C., who shall maintain a GSA-wide $ 105–60.402–2 Review of requests.

file of such actions. The Director of Information for the

$ 105–60.404 Appeal within agency of Central Office, Washington, D.C., or the

denial. Regional Director of Business Affairs (a) After notification that his request for a regional office, or his designee, will for identifiable records has been denied, forward a request for an identifiable the person submitting the request may record to the cognizant GSA office hav- appeal the denial. The appeal shall be ing custody thereof. The request will be submitted to the Director of Informareviewed in the cognizant office and by tion, Washington, D.C., with respect to appropriate legal counsel in the light a Central Office matter or to the Reof the requirements of 5 U.S.C. 552, the gional Director of Business Affairs with guidelines issued by the Department of respect to a regional matter. The Justice (Attorney General's Memoran- Regional Director of Business Affairs dum on the Public Information Section

will promptly forward the appeal to the of the Administrative Procedure Act), as Director of Information who will, as also well as this Part 105-60.

in the case of appeals concerning Cen& 105–60.402–3 Approval of requests;

tral Office records, submit the matter for inspection of records.

consideration by the Head of the GSA

Service or Staff Office concerned with When a request is approved, records

the particular records, in consultation will be promptly made available. They

with appropriate Central Office legal may be inspected at the reading rooms,

counsel. The appeal file will consist of as provided in $ 105-60.303, or at such

a copy or description (if oral) of the other places as the Director of Informa

initial request and a copy of the reasons tion or the Regional Director of Business

for denial furnished the person submitAffairs, as the case may be, shall

ting the request. prescribe.

(b) Where the Head of the GSA § 105–60.4024 Reproduction services. Service or Staff Office recommends Reasonable reproduction services will

granting the appeal and the Director of be available for the copying of records

Information concurs, the Director will which have been approved for inspection

arrange for appropriate disclosure of the at appropriate fees in accordance with

records. $ 105-60.303(d) (3) and (e). However, in

(C) If the denial is sustained, the suitable circumstances, a member of the

matter will be submitted promptly by public may be authorized to copy records

the Director of Information to the Ashimself, under such procedures as the

sistant Administrator for AdministraDirector of Information or the Regional

tion whose ruling thereon will be Director of Business Affairs, as the case

furnished in writing to the person remay be, may determine.

questing the records. 8 105-60.403 Denial of request for $ 105–60.405 Judicial relief available to identifiable records.

the public. (a) If a request is denied, the person A person whose request for identifisubmitting the request shall be promptly able records has been so denied by the

487

ex.

Assistant Administrator for Administration may file a complaint, as authorized by 5 U.S.C. 552(a) (3), in a district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated. In such cases, the court will determine the matter de novo and the burden will be on GSA to sustain its action of denial. The court may enjoin GSA from withholding agency records and order the production of any records improperly withheld from the complainant. Subpart 105-60.5-Agency

Proceedings § 105-60.501 Agency proceedings.

A record shall be kept of the final votes of each member in every GSA agency proceeding (as defined in 5 U.S.C. 551(12)) and such record shall be maintained and be available for public inspection in the appropriate reading room listed under $ 105-60.303(a). (For rules and procedures of the GSA Board of Contract Appeals, see 41 CFR 5-60.)

Subpart 105-60.6—Exemptions $ 105-60.601 General.

(a) The exemptions enumerated in 5 U.S.C. 552(b), under which the provisions for availability of records and informational materials will not apply, are general in nature. GSA will decide each case on its merits, in accordance with the liberal policy of 5 U.S.C. 552, the GSA policy expressed in § 105–60.1052, and the guidelines issued by the Department of Justice (Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act).

(b) Formulae, designs, patents, drawings, and other records of intrinsic financial value to the Government, which value would be impaired or destroyed by disclosure, will not be available for inspection or copying. $ 105–60.602 Categories of records ex

empt under 5 U.S.C. 552 from dis

closure. 5 U.S.C. 552(b) provides that the requirements of the statute do not apply to matters that are:

(a) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy.

(b) Related solely to the internal personnel rules and practices of an agency.

(c) Specifically exempted from disclosure by statute (see § 105–60.604).

(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a private party in litigation with the agency.

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

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party.

(h) 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.

(i) Geological and geophysical information and data, including maps, concerning wells. § 105–60.603 Executive privilege

emption. On signing Public Law 89–487, the President stated “Moreover, this bill in no way impairs the President's power under our Constitution to provide for confidentiality when the national interest so requires” (2 Weekly Compilation of Presidential Documents 895, July 11, 1966). Where application of the executive privilege exemption is desired, the matter shall be forwarded to the Administrator for consideration. If the request for information is Congressional, only the President may invoke the exemption. Presidential approval is not necessarily required where the request for information is in connection with judicial or adjudicatory proceedings or otherwise. In connection with judicial proceedings, the response shall be coordinated with the Department of Justice. [33 F.R. 4884, Mar. 22, 1968] $ 105–60.604 Other statutory exemp

tions. (a) 5 U.S.C. 552(b) (3) provides that the statute does not apply to matters that are specifically exempted from disclosure by other statutes. (For further discussion of this matter, see the Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act (June 1967), pages 31 and 32.)

(b) The following are illustrative of such statutes, but are not all inclusive:

(1) 18 U.S.C. 1905 (trade and financial information provided in confidence by businesses).

(2) 22 U.S.C. 1934 (technical data concerning war materials subject to the International Traffic in Arms Regulations of the Department of State).

(3) 26 U.S.C. 6103 (publicity of tax returns and lists of taxpayers).

(4) 35 U.S.C. 181-188 (records concerning inventions on which Patent Secrecy Orders have been issued).

(5) 42 U.S.C. 2000e-8 (investigations of employment practices).

(6) 42 U.S.C. 2161 (restricted atomic energy data).

(7) 43 U.S.C. 1398 (confidential information of the Public Land Law Review Commission).

(8) 44 U.S.C. 397 (nondisclosure of certain records in the National Archives, Federal records centers, and Presidential archival depositories; see Part 105–61 of this subchapter).

(9) 50 U.S.C. 402 note (National Security Agency information).

(10) 50 U.S.C. 403g (nature of CIA functions and organization).

(11) 50 U.S.C. 2023 (technical data relating to articles and materials subject to Export Control Regulations of the Department of Commerce). (32 F.R. 9564, July 1, 1967, as amended at 33 F.R. 4884, Mar. 22, 1968] & 105–60.605 Exemption of materials

not affecting the public or involving clearly unwarranted invasions of per

sonal privacy. 5 U.S.C. 552(a) (2) provides that there need not be made available to the public: (1) administrative staff manuals and instructions to staff that do not affect a member of the public; and (2) identify. ing details found in an opinion, statement of policy, interpretation, or staff manual or instruction, to the extent required to prevent a clearly unwarranted invasion of personal privacy. Determinations as to whether materials affect the public will be made in accordance with the policy expressed in § 105-60.105–1. Determinations concerning deletion of identifying details shall recognize that the phrase "clearly unwarranted” does not include factors such as mere personal annoyance or administrative embarrassment. (See also $ 105–60.304.)

Subpart 105–60.7 — Subpoenas or

Other Legal Demands for Records and Authentication of Copies of

Records & 105–60.701 Service of subpoena or

other legal demand. (33 F.R. 4884, Mar. 22, 1968] § 105–60.701-1 GSA records.

(a) A subpoena duces tecum or other legal demand for the production of records held by GSA shall be addressed to the appropriate Regional Director of Business Affairs or Regional Administrator with respect to regional records; to the Director of Information, Washington, D.C., with respect to Central Office records; or to the Administrator of General Services.

(b) The General Counsel and, with respect to records in a GSA regional ofice, the Regional Counsel are authorized to accept service of a subpoena duces tecum or other legal demand on behalf of the officials designated in paragraph (a) of this $ 105-60.701–1.

(c) When such subpoena or demand is served on any officer or employee of GSA other than as provided in paragraphs (a) and (b) of this $ 105-60.701-1, he shall, unless otherwise directed by the Administrator, respectfully decline to produce such records on the ground that he is without authority under this Subpart 105–60.7 to do so. [33 F.R. 4884, Mar. 22, 1968] 8 105–60.701–2 Records transferred to

the National Archives and Records

Service. (a) Access to “FRC records” (§ 105– 61.001-3) is controlled by the instructions and restrictions imposed on GSA by the Federal agency which transferred the records to the Federal records center. Accordingly, a subpoena duces tecum or other legal demand for the production of “FRC records” will be honored by GSA if no restrictions have been imposed by the transferring agency. On the other hand, where restrictions have been imposed by the transferring Federal agency, the authority issuing the subpoena or other legal demand will be notified of that fact and be requested to take up the matter further with the transferring agency, since GSA must decline to release the records. The subpoena or other legal demand for "FRC records” may be served only on the Administrator of General Services, the Archivist of the United

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