(2) Precedent final opinions and orders in the adjudication of cases; (3) Administrative staff manuals which affect the public;

(4) Program manuals which affect the public and forms;

(5) Interpretations relied upon as precedents;

(6) A current index of the foregoing materials issued, adopted, promulgated after July 4, 1967.

(b) Each Regional Office information center, each FHA Local Insuring Office, and each FNMA Agency Office shall contain or shall have ready access to such of the above records as pertain to the activities of that office.

(c) Facilities shall be available to each information center for the copying of properly requested and available records.

Subpart E-Procedures for Requesting Access to Records

§ 15.41 Requests for records.

(a) Requests for identifiable records should be made at the established information centers.

(b) A request should specify the requested record by brief description, containing the name, number or date as applicable, in enough detail that the record can be identified and located. A reasonable time should be allowed for records to be located, copied, and mailed or otherwise delivered.

(c) The request should be accompanied by the fee or an offer to pay the fee when determined.

(d) Copies of available records shall be produced as promptly as possible. Copying service shall be limited to not more than 10 copies of any single page. Records which are published or available for sale need not be supplied.

Subpart F-Disclosure of Records and Refusal To Disclose

§ 15.51 Authority to release records or copies.

The head of each organizational unit or the designee of each of these officers, with respect to records pertaining to programs or activities for which each has primary responsibility, is authorized to release any Department record or copy thereof when disclosure is clearly appropriate under this part. Such authorized persons may release records for which another officer has primary responsibility only with the consent of the other officer or his designee.

§ 15.52 Authority to deny requests for records.

The officers and their designees described in the preceding § 15.51 may deny a request for a record. Any denial shall be promptly made in writing and contain a simple statement of reasons for the denial. Prior to a denial, the officer or designee shall clear the matter with the Office of General Counsel or the office of the appropriate Regional Counsel or, in the case of an officer or designee in any FNMA office, with the Office of the General Counsel, FNMA, or the appropriate FNMA Agency Counsel. Denial shall terminate the authority of the particular officer or designee to release or disclose the requested record, which thereafter may not be made available except with the express authorization of the Secretary or his designee.

Subpart G-Administrative Review of Denials of Requests for Records § 15.61 Administrative review.

(a) Review shall be available only from a written denial of a request for a record issued under § 15.52, and only if a written request for review is filed within 30 days after issuance of the written denial. The filing of a request for review may be accomplished by mailing to the Secretary of Housing and Urban Development, 1626 K Street NW. (Room 600), Washington, D.C. 20410, a copy of the request if in writing, a copy of the written denial issued under § 15.52, and a statement of the circumstances, reasons, or arguments advanced in support of disclosure of the original request for the record. Review will be made promptly by the Secretary or his designee on the basis of the written record described in this § 15.61.

(b) The decision after review will be in writing, will be promptly communicated to the person requesting review, and will constitute final action of the Department on the request, subject to judicial review as provided in 5 U.S.C. 552 (a) (3).

32 F.R. 9660
July 4, 1967

24 CFR 15.1

§7.5 Definitions.

DEPARTMENT OF TRANSPORTATION

Unless the context requires otherwise, the following definitions apply in this part:

"Department" means the Department of Transportation, including the Office of the Secretary and the following operating administrations:

(a) The Coast Guard.

(b) The Federal Aviation Administration. (c) The Federal Highway Administration.

(d) The Federal Railroad Administration.

(e) The St. Lawrence Seaway Development Corporation. "Includes" means "includes but is not limited to."

"May" is used in a permissive sense to state authority or permission to do the act prescribed.

"Record" includes any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved. "Secretary" means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned.

§ 7.11 Administration of part.

Subpart B-General

Authority to administer this part in connection with the records in the Office of the Secretary is delegated to the Assistant Secretary for Public Affairs. Authority to administer this part in connection with records in each operating administration is delegated to the head of that administration. The head of any operating administration may redelegate to officers of that administration the authority to administer this part in connection with defined groups of records. However, the head of an operating administration may redelegate his duties under Subpart G of this part only to his deputy and to not more than one other officer who reports directly to the head and who is located at the headquarters of that administration.

§7.13 Deletion of identifying detail.

Whenever it is determined to be necessary to prevent a clearly unwarranted invasion of personal privacy, identifying details are deleted from any record covered by this part that is published or made available for inspection. A full explanation of the justification for the deletion is attached to the copy of the record published or made available for inspection.

§7.15 Records containing both available and unavailable information.

If a record contains information that the Department determines cannot be disclosed under this part, but also contains information that can be disclosed, the latter information will be provided for public inspection and copying unless

(a) It is readily available from another source;

(b) The other source is made known to the person desiring the record; and (c) It is not otherwise readily available in the Department.

§ 7.17 Protection of records.

(a) No person may, without permission, remove any record made available to him for inspection or copying under this part, from the place where it is made available. In addition, no person may steal, alter, mutilate, obliterate, or destroy, in whole or in part, such a record.

(b) Section 641 of Title 18 of the United States Code provides, in pertinent part, as follows:

"Whoever * * * steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record * * * or thing of value of the United States or of any department or agency thereof * * * shall be fined not more than $10,000 or imprisoned not more than 10 years or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. ***"

Section 2071 of Title 18 of the United States Code provides, in pertinent part, as follows:

"Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited * * * in any public office, or with any * * * public officer of the United States, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.”

Subpart C—Publication in Federal Register

§ 7.21 Applicability.

This subpart implements section 552(a)(1) of Title 5, United States Code, and prescribes rules governing the publication in the Federal Register of the following:

(a) Descriptions of the organization of the Department, including its operating administrations and the established places at which, the officers from whom, and the methods by which, the public (1) may secure information; and (2) make submittals or requests or obtain decisions.

(b) Statements of the general course and methods by which the Department's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available.

(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports or examinations.

(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability adopted by the Department.

(e) Each amendment, revision, or repeal of any material listed in paragraphs (a) through (d) of this section.

§ 7.23 Publication required.

(a) General. All material described in § 7.21 is published in the Federal Register. For the purposes of this paragraph, material that is reasonably available to the class of persons affected by it is considered to be published in the Federal Register if it has been incorporated by reference therein with the approval of the Director of the Federal Register.

(b) Effect of nonpublication. Except to the extent that a person has actual and timely notice of the terms thereof, no person may in any manner be required to resort to, or be adversely affected by, any procedure or matter required to be published in the Federal Register but not so published.

Subpart D-Availability of Opinions, Orders, Staff Manuals, Statements of Policy, and Interpretations: Indexes

§ 7.31 Applicability.

(a) This subpart implements section 522(a)(2) of Title 5, United States Code. It prescribes the rules governing the availability, for public inspection and copying, of the following:

(1) Any final opinion (including a concurring or dissenting opinion) or order made in the adjudication of a case.

(2) Any policy or interpretation that has been adopted under the authority of the Department, including any policy or interpretation concerning a particular factual situation, if that policy or interpretation can reasonably be expected to have precedential value in any case involving a member of the public in a similar situation.

(3) Any administrative staff manual or instruction to staff that affects any member of the public, including the prescribing of any standard, procedure, or policy that, when implemented, requires or limits any action of any member of the public or prescribes the manner of performance of any activity by any member of the public.

In addition, this subpart provides for an index of the materials listed in this paragraph.

(b) Any material listed in paragraph (a) of this section that is not made available for public inspection and copying, or that is not indexed as required by § 7.35, may not be cited, relied on, or used as precedent by the Department to adversely affect any member of the public, unless the person against whom it is cited, relied on, or used has had actual and timely notice of that material.

(c) This subpart does not apply to material that is published in the Federal Register or is covered by Subpart F of this part.

§7.33 Access to materials and index.

(a) Except as provided in paragraph (b) of this section, material listed in 7.31 (a) is available for inspection and copying by any member of the public at document inspection facilities of the Department. The index of material available at each facility is also located at the facility. Information as to the kinds of materials available at each facility may be obtained from that facility or the headquarters of the operating administration of which it is a part.

(b) The material listed in § 7.31 (a) that is published and offered for sale is indexed but is not required to be kept available for public inspection. However, whenever practicable, it will be made available for public inspection at any document inspection facility maintained by the Office of the Secretary or an operating administration, whichever is concerned.

§7.35 Indexes of public materials.

The index of material subject to public inspection and copying under this subpart covers all material issued, adopted, or promulgated after July 4, 1967. However, earlier material may be included in the index to the extent practicable. Each index contains instructions on how to use it.

§ 7.37 Copies.

Copies of any material covered by this subpart that is not published and offered for sale may be ordered, upon payment of the appropriate fee, from the office in which the material is located. Copies are certified upon request and payment of the prescribed fee.

Subpart E-Availability of Identifiable Records

§7.41 Applicability.

This subpart implements section 552 (a)(3) of Title 5, United States Code, and prescribes the regulations governing public inspection and copying of identifiable records. However, it does not apply to material that is covered by Subparts C and D of this part, records determined under Subpart F of this part not to be available, and material that is offered for sale by the Government Printing Office. § 7.43 Public availability of records.

(a) Each person desiring to see a record covered by this subpart that is located in the Office of the Secretary, or to obtain a copy of such a record, must make a written request to the Assistant Secretary for Public Affairs, 800 Independence Avenue SW., Washington, D.C. 20590.

(b) Each person desiring to see a record covered by this subpart that is located in an operating administration, or to obtain a copy of such a record, must make a written request to that administration at the address set forth in the appendix applicable to that administration.

(c) If the person making the request does not know where in the Department the record is located, he may send his request to the Assistant Secretary for Public Affairs at the address in paragraph (a) of this section.

(d) Each request must describe the particular record in enough detail to allow the record to be identified and located with a reasonable amount of effort. So far as possible, the request must specify the subject matter of the record, the date when it was made, the place where it was made, and the person or office that made it. If the description is insufficient, the officer handling the request will notify the applicant and, to the extent possible, indicate the additional data required. In any case in which an extended period of time will be required to identify and locate the record sought, the officer handling the request will notify the person making the request of the estimated time required to fill the request.

(e) Each record covered by this subpart is available for inspection and copying during regular working hours at the place where it is located. Original records may be copied but may not be released from custody. Upon payment of the prescribed fee, copies will be mailed to the requester.

(f) Each request for a search of records or for a copy of a record must be accompanied by the fee prescribed in the applicable fee schedule. The fee for a search is charged, regardless of whether it is successful. If the fee cannot be

ascertained from the appropriate schedule, the officer or employee processing the request will furnish an estimate of the fee to the person making the request.

(g) Notwithstanding paragraphs (a) through (f) of this section, informational material, such as press releases, pamphlets, and other material of that nature that is ordinarily made available to the public as a part of any information program of the Government is available upon oral or written request. There is no fee for individual copies of that material as long as it is in supply. In addition, the Department will continue to respond, without charge, to routine oral or written inquiries that do not involve the furnishing of records.

§ 7.45 Request for records of concern to more than one Governmental organization.

If the release of a record covered by this subpart would be of concern to both this Department and another Federal agency, a State or local government, or a foreign government, the record will be made available by the Department only if its interest in that record is the primary interest and only after coordination with the other interested agency, the State or local government, or the foreign government, as the case may be. If this Department's interest in a record that is identifiable as being of concern to another agency is not the primary interest, the request will be transferred to the agency having the primary interest, and the requester will be notified of that action.

§ 7.51 Applicability.

Subpart F-Exemptions

This subpart implements section 552 (b) of Title 5, United States Code, Section 552(b) exempts certain records from public inspection under section 552 (a). However, the Department will release a record authorized to be withheld under §§ 7.55 through 7.69, unless it determines that the release of that record would be inconsistent with a purpose of the section concerned.

§ 7.53 Records relating to matters that are required by Executive order to be kept secret.

Records relating to matters that are protected by Executive order from disclosure, in the interests of national defense or foreign policy, include those within the scope of the following, and any further amendment of any of them: (a) Executive Order 10501 of November 5, 1953 (3 CFR 1949-53 Comp., p. 979), as amended by Executive Order 11097 of February 28, 1963 (3 CFR, 1963 Supp., p. 161);

(b) Executive Order 10865 (3 CFR, 1960 Supp., p. 62); and (c) Executive Order 10104 (3 CFR, 1953 Comp., p. 298).

These records may not be made available for public inspection. § 7.55 Records related solely to internal rules and practices.

(a) Records related solely to internal rules and practices that are within the statutory exemption include memoranda pertaining to personnel matters such as staffing policies and policies and procedures for the hiring, training, promotion, demotion, and discharge of employees. In addition, records concerning operating rules, practices, guidelines, and procedures for Departmental inspectors, investigators, and examiners, the release of which would substantially impair the effective performance of their duties, are included.

(b) The purpose of this section is to authorize the protection of any record that is designed only for the guidance of Department personnel, including internal rules and practices that cannot be disclosed to the public without substantial prejudice to the effective performance of a significant Department function. A negotiator cannot bargain effectively if his instructions and limitations are known to the person with whom he is negotiating. Similarly, the effectiveness of an authorized but unannounced inspection or audit would be destroyed if the circumstances under which that inspection or audit is to be held become public knowledge.

§ 7.57 Records exempted from disclosure by statute.

(a) Records relating to matters that are specifically exempted by statute from disclosure include those covered by the following:

(1) Section 1905 of Title 18, United States Code, protecting trade secrets, processes, and certain economic and other data obtained by examination or investigation, or from reports.