Page images
PDF
EPUB
[ocr errors]

ary organizations. Provide a list of all organizations included in such consolidations.

(3) "Associated" foreign organiza

tion: The ownership of at least 10 per6

cent but less than 25 percent of the voting securities of a corporation, or an equivalent interest in an unincorporated foreign organization, held directly by the reporter and its United States affiliates,

shall constitute association with that orEs ganization for the purposes of these

reports. Note that separate reports are required for each "associated foreign

organization.” (When the ownership of e par?

the foreign organization is 25 percent or more, either entirely by the reporter or

in conjunction with affiliates, the fordie eign organization must be reported on

Form BE-577.)

(b) Terms relating to the reporting of foregoing direct investment in the United States. (1) "Branch" shall mean an unincorporated business enterprise subject to the jurisdiction of the United States

controlled by a foreign person or organState: ization, including all assets or liabilities

connected with the operations of such a branch.

(2) "Reporter" shall mean the business enterprise for which a report is required. If the enterprise is in the nature of a leasehold or real property not identifiable by name, the report may be filed on behalf of the reporter by an agent or representative of the foreign beneficial owner or by such owner. § 803.7 Estimates.

Every question on the reporting forms which a reporter is required to use in rendering his report must be answered. If the information is not available as specified in the form, a reasonable estimate should be entered, labeled as such. If there is no basis for such an estimate, state, “unknown” with an appropriate explanation. However, if and when the information becomes available, a supplementary report must be filed promptly with a full explanation. § 803.8 Space not needed.

Space not needed or inapplicable for supplying requested information should

be left entirely blank. When there is nothing to report under any question state "no" or "none." 803.9 Special filing procedures.

When data specified on the reporting forms are not available to the reporter, or when consolidation beyond that specifically provided for above would reduce reporting burden without loss of significant information, the reporter may apply to the Balance of Payments Division of the Office of Business Economics, United States Department of Commerce, for consideration of the specific problem. $ 803.10 Number of reports.

Only the original report should be Aled. 8 803.11 Time and place of filing re

ports. Reports on Forms BE-577, BE-578, BE-35, BE-578B, BE-605, BE-606 and BE-606B shall be filed on a quarterly basis within 30 days of the close of the calendar or fiscal period used by the reporter except for the final quarter of the calendar or fiscal year when reports may be filed within 45 days. Reports on Form BE-577S, BE-577A, BE-5781, BE-6061 and BE-93 shall be filed on an annual basis within 90 days of the close of the calendar or fiscal year. Reports should be sent to the Department of Commerce, Office of Business Economics, BE-50, Washington 25, D.C. If additional time is needed to prepare the reports, a request for an extension of time should be addressed to the above office. $ 803.12 Information regarding prepa

ration of reports. Anyone desiring information concerning these reports, or copies of forms, may apply directly to the United States Department of Commerce, Office of Business Economics, BE-50, Washington 25, D.C. Each reporting form contains the specific instructions needed for completion.

[ocr errors]
[ocr errors]

shodi

shoh

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

SAU

CHAPTER IX-ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE

[blocks in formation]

PART 903—PUBLIC INFORMATION der 64, 32 F.R, 9734; and Department Orders

2A and 2B, as amended, 31 F.R. 10752 and Sec.

32 F.R. 10700. 903.1 Scope and purpose. 903.2 Policies.

SOURCE: The provisions of this part 903 903.3 Definitions.

appear at 32 F.R. 13184, Sept. 16, 1967, unless 903.4 Publication in the FEDERAL REGISTER.

otherwise noted. 903.5 Availability of materials for inspec- $ 903.1 Scope and purpose.

tion and copying. 903.6 Requests for identifiable records.

This part establishes the rules whereby 903.7 Determination of availability of

the materials specified in 5 U.S.C. 552(a) records.

(2), and the identifiable records of the 903.8 Fees and charges.

following organizations of the Environ903.9

Arrangements for public inspection mental Science Services Administration

and copying of available records. (ESSA) requested under 5 U.S.C. 552(a) 903.10 Requests for reconsideration of non- (3) are to be made publicly available: availability.

(a) The Office of the Administrator 903.11 Subpoena or other compulsory proc- and the Office of the Federal Coordinator ess.

for Meteorological Services and SupAUTHORITY: The provisions of this Part porting Research. 903 issued under 5 U.S.C. 552, 553; Reorgani- (b) The general and special staff ofzation Plan No. 2 of 1965; other authorities

fices of the Administration. vested by law in the Secretary of Commerce

(c) The Weather Bureau. and delegated to the Administrator, Environ

(d) The Coast and Geodetic Survey. mental Science Services Administration applicable to the dissemination of records and

(e) The Environmental Data Service. other information of the Administration,

(f) The National Environmental Satincluding charges therefor; Department Or- ellite Center.

low pen ord ERA har its mem Deg Tech for

mez

offi reca ere: Thi app ava tio typ adi

rec tior Foz Rer Son end ava

na

(g) The Institutes for Environmental (2) Statements of policy and interpreResearch.

tations adopted by ESSA and not pub$ 903.2 Policies.

lished in the FEDERAL REGISTER;

(3) Administrative staff manuals and Policies and other factors considered in

instructions to staff that affect a member issuing the rules in this part are set of the public; forth in Department of Commerce Order 64 (32 F.R. 9734) and Part 4 of this title.

(4) A current index providing identi

fying information for the public as to § 903.3 Definitions.

any matter issued, adopted, or promul. (a) To the extent that terms used in

gated after July 4, 1967, and required to this part are defined in 5 U.S.C. 551, they

be made available or published by 5 shall have the same definition herein.

U.S.C. 552(a) (2); (b) The organizational units defined

(5) Such additional materials as the in the terms “Office of the Administra

ESSA Public Reference Facility may contor," "Federal Coordinator for Meteoro

sider desirable and practicable to make logical Services and Supporting Re

available for the convenience of the search” "general staff offices,” and “spe

public. cial staff offices,” are identified in De- (b) ESSA may, to prevent unwarranted partment Order 2B (31 F.R. 10700). invasion of personal privacy, delete iden8 903.4 Publication in the Federal Reg

tifying details when it makes available ister.

or publishes an opinion, statement of

policy, interpretation, staff manual or (a) Those materials which are re

instruction, and will, in each such case, quired to be published in the FEDERAL explain in writing the justification for REGISTER pursuant to the provisions of the deletion. of 5 U.S.C. 552(a) (1) have been and will (c) The above materials may be incontinue to be published in the FEDERAL spected in the ESSA Public Reference REGISTER in the form of or included in: (1) Department Orders of the De

Facility, Room 424, Building 5, 6010 Expartment of Commerce, including any

ecutive Boulevard, Rockville, Md. Mail supplements and appendices thereto,

to this facility should be addressed as Secretary of Commerce Circulars, and

follows: Administrative Controls Branch Department Administrative Orders.

(AD14), Environmental Science Services (2) ESSA rules and regulations set

Administration, Rockville, Md. 20852. forth in this part.

The telephone number for this facility (3) Notices or otherwise in the FED

is Area Code 301, 496–8595. This facility ERAL REGISTER.

is open to the public Monday through (4) Other publications, when incor

Friday of each week, except on official porated by reference in the FEDERAL REG

Federal holidays, between the hours of 9 ISTER with the approval of the Director

a.m. and 4:30 p.m. There are no fees or of the Federal Register.

formal requirements for such inspections. (b) Those materials which are pub

Photo copies of these materials can be lished in the FEDERAL REGISTER pursuant

provided on demand at the prices estabto 5 U.S.C. 552(a) (1) will, to the extent

lished in s 903.8. In addition, printed practicable and to further assist the

copies of various administrative publicapublic, be made available for inspection

tions may be purchased

from the facility

, and copying at the facility identified in

at the price established in § 903.8. § 903.5(c).

§ 903.6 Requests for identifiable rec

ords. $ 903.5 Availability of materials for inspection and copying.

(a) The procedures of this section are (a) The Assistant Administrator for

applicable only to the records of the orAdministration and Technical Services

ganizations listed in § 903.1 and only to will, as provided in 5 U.S.C. 552(a) (2)

those records not customarily available and subject to other provisions of law,

to the public as part of the regular inestablish and maintain an ESSA Public

formation activities of ESSA, A person Reference Facility for the public inspec

desiring to inspect or copy a record or tion and copying of:

obtain other information about or from (1) Final opinions, including concur

one

of the organizations listed in $ 903.1 ring and dissenting opinions, as well as

should contact the appropriate office orders, made in the adjudication of

responsible for providing such informacases;

tion to the public. Such information ofi

mi

ord ma

acc pli

ple the fac ab ev: ap SOT be

th

ti by lowing: (1) The "public information ap- $ 903.7 Determination of availability pendices" to the relevant Department of records. orders, which are published in the FED

ces are listed in one or more of the fol

ri to

(a) Upon finding that the application ERAL REGISTER, (2) various guides and

is otherwise in order, the ESSA Public handbooks issued by the Department and

Reference Facility will determine: its operating units, (3) the U.S. Govern

(1) Whether the requested record can ment Organization Manual, and (4) the

be identified on the basis of the informaDepartment of Commerce Telephone Di

tion supplied by the applicant. If the rectory. The latter two publications are

facility cannot identify the record, it for sale by the Superintendent of Docu

will return the application, specifying ments, Washington, D.C. 20402.

why the record is not identifiable and (b) If the appropriate information

what additional clarification, if any, the office is not known, the public should di

applicant may make to assist the orgarect its inquiries to the ESSA Public Ref

nization in its identification. erence Facility identified in § 903.5(c).

(2) Whether the record, if identifiable, This facility will route the request, if it is still in existence and in the possession appears to be for information regularly

of ESS 4. If the record no longer exists, available, to the appropriate informa

the applicant will be so notified. If the tion office; if the request is for other

record is not in ESSA's possession and types of information, the facility will

its existence is not otherwise reasonably advise the inquirer as to how to proceed.

ascertainable, the applicant will be so (c) A person who wishes to inspect a

notified. If the requested record is in record not part of the regular informa

another organization of the Department, tion activities of ESSA should complete or is the exclusive or primary concern of Form CD-244, “Application To Inspect another executive department or agency, Records”, and submit this form, in per- the application for such record will be son or by mail, to the ESSA Public Refer

promptly referred to that other orgaence Facility. Copies of Form CD-244 are

nization or agency for further action unavailable from this facility and from der its rules, and the applicant will be nany of the information offices of ESSA. promptly informed of this referral. (d) An application form shall be sub

(b) If the requested record is identifimitted for each record or group of rec- able and subject to ESSA's determination ords related to the same general subject as to availability, the application will be matter. Each application form shall be reviewed by an official authorized, puraccompanied by the nonrefundable ap

suant to Department Order 64, to iniplication fee of $2.

tially determine availability. (e) Detailed instructions for the com

(c) If the authorized official deterpletion of Form CD-244 are stated on mines that the record is not to be made the back of the form, Employees of the available, he shall so notify the applicant facility will assist the public to a reason- in writing stating the reason(s) why the able extent in completing the form; how- record is not being made available. ever, the responsibility rests with the (d) If the authorized official deterapplicant for identifying each record mines that the record is to be made availsought in sufficient detail so that it can able, he shall so notify the applicant be located by personnel familiar with the specifying the estimated costs to be refiling of agency records. Each applica

covered in accordance with $ 903.8. Upon tion shall clearly itemize, when there

payment of such estimated costs, subject are more than one, each record requested

to adjustment as provided in § 903.8, the so that it may be identified and its avail

record will be made available to the ap

plicant at the ESSA Public Reference ability separately determined.

Facility or transmitted to him by it. (f) The staff of the facility will review the application for completeness, and will

$ 903.8 Fees and charges. record receipt of the fee. If the applica- (a) Fees and charges are hereby estion appears in order, it will be processed tablished to recover costs for application by the facility as described in $ 903.7, to handling, record searching, reproduction, determine if it is an identifiable and dis- certification, and authentication, and for closable record. If the application is in- related expenses incurred by ESSA: complete in some substantial and mate

(1) Application fee-$2. This fee is nonrial respect, it will be promptly returned refundable, and covers costs of accepting and to the applicant to complete.

reviewing the application, and making a de

« PreviousContinue »