this section. Copying charges may be waived ‘or reduced by the General Counsel, upon a showing that waiver or reduction is in the public interest. NOTE: The criterion considered in acting on a waiver request is whether "waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public." 5 U.S.C. 552(a)(4)(A). The following factors are relevant in applying that criterion: the number of persons to be benefited, the significance of the benefit, the private interest of the requester which the release may further, the usefulness of the materials to be released to the general public and the likelihood that a tangible public benefit will be realized. (See Attorney General's 1974 FOI Amdts. Memorandum, at 15.)

(4) Requests for copies by representatives of foreign governments or persons residing in foreign countries shall be submitted to the Commission and will be reviewed by the Commission under criteria established by the Department of Commerce for controlling the export of technical data.

(d)(1) Copies of computer maintained data bases produced by the Commission may be obtained from the National Technical Information Service (NTIS), Department of Commerce, in the form of computer tapes, cards and paper printouts, or as microfiche. Extracts from such data bases requiring a computer run may also be obtained from NTIS. These materials are not available directly from the Commission. Data bases produced by the Commission are listed in "Directory of Computerized Data Files, Software-and Related Technical Reports" (NTIS/SR-75-02), which may be obtained from NTIS.

(2) Copies of computer generated data stored as paper printouts or on microfiche may also be obtained from the Commission's duplicating contractor (see paragraph (a) of this section).

(3) Copies of computer source programs and associated documentation produced by the Commission may be obtained from the Data Automation Division, Office of the Executive Director. Requests shall be limited to computer source programs and associated documentation in existence when the request is submitted; requests which require the Commission to produce unique computer programs, data bases, and documentation, which are not part of its inventory at the time of the request, will not be honored. Likewise, periodic updates of these materials, as they occur, will not be furnished.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 397)

[32 FR 10573, July 19, 1967, as amended at 40 FR 6656, Feb. 13, 1975; 41 FR 51610, Nov. 23, 1976; 42 FR 20133, Apr. 18, 1977; 42 FR 33751, July 1, 1977; 44 FR 39180, July 5, 1979; 44 FR 76525, Dec. 27, 1979; 45 FR 85028, Dec. 24, 1980]

§ 0.466 Search fee.

(a) Subject to the provisions of this section, an hourly fee may be charged for recovery of the direct costs of searching for records requests under § 0.460(d) or 0.461. The fee is based on the grade level of the employee(s) who makes the search, as specified in the following schedule:

(b) No search fee will be charged if:

(1) The records are not located;

(2) The records are located but are not made available for inspection;

(3) The search does not exceed one hour in duration.

(c) The search fee will be waived or reduced by the General Counsel, upon a showing that waiver or reduction is in the public interest.

NOTE: The criterion considered in acting on a waiver request is whether "waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public." 5 U.S.C. 552(a)(4)(A). The following factors are relevant in applying that criterion: the number of persons to be benefited, the significance of the benefit, the private interest of the requester which the release may further, the usefulness of the materials to be released to the general public and the likelihood that a tangible public benefit will be realized (see Attorney General's 1974 FOI Amdts. Memorandum, at 15).

(d) The fee charged will not exceed an amount based on the time normally required to locate records of the kind requested. (For example, the person making the request will not be charged for the extra time required to locate records which have been misplaced or misfiled.)

(e)(1) In most cases, the request for inspection shall specify the maximum search fee that the person making the request is prepared to pay. See § 0.460(d) and (e) and § 0.461(b). If the specified maximum is reached before all of the records have been located, the search will be terminated and the person making the request will be so notified.

(2) If the time of search will exceed 16 hours or the fee will exceed $100 (as estimated by the custodian(s) of the records), an advance payment or deposit may be required. If the advance payment is not tendered within three business days after receipt of notice that advance payment is required, the search will be halted and the request will be denied. As the search progresses, ditional payments may be required if expenses exceed the original advance payment. If the payment(s) should exceed the expense of search

ad

ing for the materials, the difference will be refunded.

(f) When the search has been completed, the custodian of the records will give notice of the charges incurred to the person who made the request.

(g) The fee shall be paid to the Fee Unit, Financial Management Division, Office of Executive Director, or as otherwise directed by the Commission.

(h) Evidence of payment shall be presented to the custodian of the records before the records are made available for inspection.

(i) Records shall be inspected within 7 days after notice is given that they have been located and are available for inspection. After that period, they will be returned to storage, and additional charges may be imposed for again producing them.

(j) Record searches will not be undertaken on the request of any person who has incurred but has not paid charges for producing records.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 397)

[40 FR 7316, Feb. 19, 1975, as amended at 45 FR 85028, Dec. 24, 1980]

§ 0.467 Certified copies.

Copies of documents which are available, or made available, for inspection under §§ 0.4510.465 will be prepared and certified by the Secretary, under seal, on written request specifying the exact documents, the number of copies desired, and the date on which they will be required. The request shall allow a reasonable time for the preparation and certification of copies. The fee for preparing copies shall be the same as that charged by the general duplicating contractor for the same work under contractual arrangements described in § 0.465(a). The fee for certification shall be $1 for each document.

PLACES FOR MAKING SUBMITTALS OR REQUESTS, FOR FILING APPLICATIONS, AND FOR TAKING EXAMINATIONS

8 0.471 Miscellaneous submittals or requests. Persons desiring to make submittals or requests of a general nature should communicate with the Secretary of the Commission.

[36 FR 15121, Aug. 13, 1971]

§ 0.473 Reports of violations.

Reports of violations of the Communications Act or of the Commission's rules and regulations may be submitted to the Commission in Washington or to any field office.

[32 FR 10578, July 19, 1967]

§ 0.475 Applications for employment.

Persons who wish to apply for employment should communicate with the Chief, Personnel Division.

§ 0.483 Applications for amateur station and operator license and/or commercial operator license.

(a) Application for a new amateur operator license, or for a combination of new amateur operator and station license, which will require examination supervised by Commission personnel, shall be filed in the appropriate engineering field office listed in § 0.121. All other applications for amateur radio licenses shall be submitted to the Federal Communications Commission, Gettysburg, Pennsylvania, 17325. Only one copy of the application is required.

(b) Application for commercial operator license of a class for which examination is required, or for a verification card (FCC Form 758-F), shall be filed with a field office listed in § 0.121 (a) or (b) at which the applicant desires his application to be considered and acted upon, except that application for replacement or duplicate license of such class shall be filed with the office which issued the original license.

(c) Application for commercial operator license for which examination is not required (Restricted Radiotelephone Operator Permit) shall be submitted to the Federal Communications Commission, Gettysburg, Pa., 17325, with the following exceptions:

(1) When the applicant is located in Alaska, Hawaii, Puerto Rico, or the Virgin Islands of the United States, the application may be submitted by mail or in person to the nearest engineering field office.

(2) When the applicant is at any other location and the application is accompanied by a written showing by the applicant of immediate need for a permit for safety purposes and presented in

person by the applicant or his agent, the application may be submitted to the nearest engineering field office.

(3) When application is from an alien aircraft pilot (see § 13.4(c) of this chapter), it shall be submitted to the Federal Communications Commission, Washington, D.C. 20554.

[28 FR 12412, Nov. 22, 1963, as amended at 29 FR 12371, Aug. 28, 1964; 32 FR 2626, Feb. 8, 1967. Redesignated at 32 FR 10578, July 19, 1967, and amended at 39 FR 39556, Nov. 8, 1974]

§ 0.485 Amateur and commercial operator examination points.

(a) Examinations for amateur and commercial radio operator licenses are conducted at each of the Field Operations Bureau district offices listed in § 0.121 on the days designated by the Engineer in Charge of the district office. Examination schedules may be obtained from the Engineer in Charge.

(b) Examinations for all classes of radio operator licenses are given frequently, by appointment, at the Commission's offices in the following cities: Mobile, Ala., Tampa, Fla., Anchorage, Alaska, Savannah, Ga., San Diego, Calif., Beaumont, Tex.

(c) Examinations are also given at prescribed intervals in the cities in the Commission's current Examination Schedule, copies of which are available from the Federal Communications Commission, Regional Services Division, Washington, D.C. 20554, or any one of the Commission's field offices listed in § 0.121.

QUARTERLY POINTS

Albany, N.Y., Des Moines, Iowa, Fresno, Calif., Hartford, Conn., Knoxville, Tenn., Little Rock, Ark., Memphis, Tenn., Nashville, Tenn., Oklahoma City, Okla., Omaha, Nebr., Phoenix, Ariz., Pittsburgh, Pa., St. Louis, Mo., Salt Lake City, Utah, San Antonio, Tex., Sioux Falls, S. Dak., Syracuse, N.Y., Tulsa, Okla., WinstonSalem, N.C.

SEMIANNUAL

Albany, Ga., Albuquerque, N., Mex., Bangor, Maine, Birmingham, Ala., Boise, Idaho, Columbia, S.C., Corpus Christi, Tex., El Paso, Tex., Jackson, Miss., Jacksonville, Fla., Las Vegas, Nev., Lubbock, Tex., Montgomery, Ala., Portland, Maine, Reno, Nev., Salem, Va., Tucson, Ariz., Wichita, Kans., Williamsport, Pa., Wilmington, N.C.

ANNUAL

Bakersfield, Calif., Jamestown, N. Dak., Klamath Falls, Oreg., Marquette, Mich., Rapid City, S. Dak.

[28 FR 12413, Nov. 22, 1963, as amended at 29 FR 10397, July 25, 1964. Redesignated at 32 FR 10578, July 19, 1967, and amended at 35 FR 16797, Oct. 30, 1970; 40 FR 2986, Jan. 17, 1975; 40 FR 17255, Apr. 18, 1975; 44 FR 39180, July 5, 1979]

§ 0.487 Applications for interim ship station licenses. Formal applications for ship station licenses for use of radiotelephone or radar transmitting apparatus of both and applications for modification of such licenses shall, when accompanied by requests for interim ship station licenses, be filed in accordance with § 83.35 of this chapter and presented in person by applicants or their agents at the nearest field office of the Commission as

8 0.502 Program oversight.

The Chief, Internal Review and Security Division will be responsible for conducting an oversight program that ensures effective implementation of Executive Order 12065, to include:

(a) Conducting security training and education programs.

(b) Encouraging Commission personnel to challenge those classification decisions they believe to be improper.

(c) Issuing directives that ensure classified information is used, processed, stored, reproduced and transmitted only under conditions that will provide adequate protection and prevent access by unauthorized persons.

(d) Recommending to the Chairman appropriate administrative action to correct abuse or violation of any provision of these regulations, including notification by warning letters, formal reprimand, and, to the extent permitted by law, suspension without pay and removal.

$0.503 Classification Review Committee.

The Executive Director will chair the Commission's Classification Review Committee which shall have authority to act on all suggestions and complaints with respect to the Commission's administration of these regulations. The General Counsel, or a senior member of his staff designated by him, and the Chief, Internal Review and Security Division will serve as members of the Committee. All suggestions and complaints including those regarding overclassification, failure to classify, or delay in declassifying not otherwise resolved, shall be referred to the Committee for resolution. The Committee shall establish procedures to review and act within 30 days upon all appeals regarding requests for declassification. The Committee shall be authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the Committee determines that continued classification is required under the criteria of the Executive Order, it shall promptly so notify the requester and advise him that he may file an application for review with the Commission. In addition, the Committee shall review all appeals of requests for records under Section 552 of Title 5 U.S.C. (Freedom of Information Act) when the proposed denial is based on their continued classification under Executive Order 12065.

§ 0.504 Original classification.

Executive Order 12065 removed the Commission's prior authority for original classification of national security information as "SECRET" and "CONFIDENTIAL." In any instance where a Commission employee develops information that appears to warrant classification because of its national security character, the material will be afforded protection and sent to the Internal Review and Security Division (IRSD). Upon de

(a) Distinct from “original” classification is the determination that a document must be classified because it contains paraphrases, restatements, or summaries of, or incorporates in new form, information previously classified by proper authority. Authority to apply derivative classification is granted to Commissioners and Bureau and Office Chiefs, who may delegate this responsibility to the Division level. Original classification decisions must be respected, and to the extent practicable, the current level of classification should be verified through the original classification authority. Declassification or review instructions will be carried forward from the source material or, where available, the classification guide of the originator.

(b) Any document that derives its classification from information classified on or after December 1, 1978, shall be marked with the date or event assigned to the source information for its continued need for classification. If derived from an older document with a declassification date or event 20 years or less from the date of its original classification, that date will be carried forward to the derivative document. Documents derived from source documents without declassification date or event, or with a date 20 years or more from the date of original classification, will be given a declassification date 20 years from the date of original classification of the source document.

DOWNGRADING AND DECLASSIFICATION

§ 0.520 Introduction.

(a) Executive Order 12065 is intended to improve protection against unauthorized disclosure of national security information or material while increasing openness in Government by limiting classification and accelerating declassification. Declassification shall be given emphasis comparable to that accorded classification, with declassification action taken as early as national security considerations permit. The loss of the information's sensitivity with the passage of time or on the occurrence of a declassification event shall form the basis for the decision to declassify. Commission documents given original classification prior to December 1, 1978 may be declassified by the authorizing official, a successor, or by a supervisory official of either.

(b) Those permanent records given original classification by the Commission prior to December 1, 1978, and not in the possession and control of the General Services Administration, must receive a systematic review for declassification prior to becoming twenty years old. Any record considered to require extension of classification must be

submitted to an official authorized under E.O. 12065 as original classification authority. Absent such approval, or a prior automatic declassification date, the information is declassified automatically at the end of twenty years from the date of original classification. Exempt from such automatic declassification and the twenty year systematic review is foreign government information. Such information, unless declassified earlier, will be given a declassification review thirty years from its date of origin. As used herein, “foreign government information" is information provided to the United States by a foreign government or international organization of governments in the expectation, express or implied, that the information is to be kept in confidence; or information produced by the United States pursuant to a written joint agreement with a foreign government or international organization of governments requiring that either the information or the arrangements, or both, be kept in confidence.

§ 0.521 Mandatory declassification review.

(a) The Office of the Executive Director is hereby designated as the office to which members of the public or Departments may direct requests for mandatory review for declassification under this provision. In the case of documents originally classified by the Commission, this office shall, in turn, assign the request to the appropriate office for action within 60 days. In each instance, receipt of the request will be acknowledged in writing immediately by the office which has been assigned action. A request for classification review must reasonably describe the document.

(b) Whenever a request is deficient in its description of the record sought, the requester should be asked to provide additional identifying information to the extent possible. Whenever a request does not reasonably describe the information sought, the requester shall be notified that unless additional information is provided or the scope of the request is narrowed, no further action will be undertaken. Upon a determination that the requested material no longer warrants classification, it shall be declassified and made promptly available to the requester, if not otherwise exempt from disclosure under 5 U.S.C. 552(b) (Freedom of Information Act) or other provision of law. If the information may not be released in whole or in part, the requester shall be given a brief statement as to the reasons for denial, a notice of the right to appeal the determination to the Classification Review Committee, and a notice that such an appeal must be filed with the Commission within 60 days in order to be considered.

(c) When the request relates to a document given derivative classification by the Commission, the request and the document will be forwarded to the originator of the source document, and the requester notified of such referral.

(d) Employees presently cleared for access to classified information are encouraged to challenge classification in cases where there is reasonable cause to believe that information is classified unnecessarily, improperly, or for an inappropriate period of time. Such challenges should be brought to the attention of the Executive Director who will act thereon within 30 days, informing the challenger of actions taken. Requests for confidentiality will be honored.

8 0.530 Access to classified materials.

No person may be given access to classified information (a) Unless that person has been determined to be trustworthy and (b) Unless access is necessary for the performance of official duties.

§ 0.531 Access by historical researchers and former presidential appointees

The requirements of § 0.530 may be waived for persons who are engaged in historical research projects, or who previously served as FCC Commissioners, provided they execute written agreements to safeguard the information and written consent to the Commission's review of their notes and manuscripts solely for the purpose of determining that no classified information is disclosed. A precondition to any such access is the favorable completion of an appropriate investigative inquiry.

8 0.540 Fees and charges.

(a) The Commission has designated a contractor to make copies of Commission records and offer them for sale (See § 0.465).

(b) An hourly fee is charged for recovery of the direct costs of searching for the documents (See § 0.466). No search fee will be charged if: (1) The records are not located

(2) The records are located but not declassified (3) The search does not exceed one hour in duration.

Subpart E-Privacy Act Regulations

AUTHORITY: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 (47 U.S.C. 154, 303).

SOURCE: 40 FR 44512, Sept. 26, 1975, unless otherwise noted.

§ 0.551 Purpose and scope; definitions.

(a) The purpose of this subpart is to implement the Privacy Act of 1974, 5 U.S.C. 552(a), and to protect the rights of the individual in the accuracy and privacy of information concerning him which is contained in Commission records. The regulations contained herein cover any group of records under the Commission's control from which information about individuals is retrievable by the name of an individual or by some other personal identifier.

(b) In this subpart: