(4) The charge for reproducing other records will be computed on the AEC full-cost recovery basis. (5) The minimum charge for copies of requested records made and furnished by the AEC will be $1 per order. (c) In the event a search is required to locate a requested record, the following search charges will be made: (1) By clerical personnel, $5 per person per hour; fractional parts of an hour shall be charged on a pro rata basis. (2) By professional personnel at an actual hourly charge to be established prior to search; fractional parts of an hour shall be charged on a pro rata basis. (3) The minimum charge for a record search will be $2.50. (d) A deposit equal to the estimated cost of searching for and reproducing the number of requested copies will be required to be paid in advance by any person requesting copies of records from the Secretary. Refunds of unused deposits or additional billings will be made to adjust the charge to the actual cost. (e) Transcripts of testimony in AEC adjudicatory proceedings, which are transcribed by a reporting firm under contract with the AEC, shall be purchased directly from the reporting firm at charges established under the contract. (f) No charge will be made for: (1) Locating requested records which are on file in the Public Document Room or in a comparable facility at a major field office; (2) A record search for a requested record or for furnishing copies of AEC records if it is determined by the AEC to be appropriate in the interest of its program. § 9.10 Production or disclosure of exempt records. (a) Records of the kind specified in § 9.5(a) shall not be produced or disclosed by AEC personnel, or AEC contractors who may have possession of such records, except in accordance with this section. (b) AEC personnel or AEC contractors from whom a record exempt from disclosure is sought shall follow the procedure specified below: (1) If an exempt record is sought from a major field office, the request or the subpoena shall promptly be forwarded to the Manager of the field office involved, who in turn, after consultation with his Chief Counsel, shall forward copies of the request or subpoena to the General Manager and to the General Counsel with an appropriate recommendation for disposition. (2) If an exempt record is sought from an AEC contractor, the request or subpoena shall promptly be forwarded to the AEC contracting officer administering the contract who will then follow the procedure specified in subparagraph (1) or (3) of this paragraph (b) as appropriate. (3) If an exempt record is sought at any other place, the request or subpoena shall promptly be forwarded to the General Manager or to the Director of Regulation, as appropriate, with a copy to the General Counsel. (c) If, after consultation with the General Counsel, the General Manager, or the Director of Regulation finds that the record sought is not exempt from production or disclosure, or, if the record is exempt, that its production or disclosure is not contrary to the public interest and will not adversely affect the rights of any person, the General Manager or the Director of Regulation will authorize the production or disclosure of the record to the person who sought it. If, after consultation with the General Counsel, the General Manager, or the Director of Regulation finds that the record sought is exempt from production or disclosure pursuant to § 9.5(a) and its production or disclosure would be contrary to the public interest, the General Manager or the Director of Regulation shall so notify the person who sought the record. If the request for an exempt record is received from any State or political subdivision thereof, the General Manager or the Director of Regulation, after consultation with the General Counsel, may, upon a finding that the disclosure of the record is not contrary to the public interest, produce or disclose the record. Authority of the Director of Regulation to authorize production or disclosure of a record shall extend to records in the custody of divisions which report to him pursuant to Part 1 of this chapter, and the authority of the General Manager to authorize production or disclosure of a record shall extend to all other divisions, offices, and activities of the AEC. (d) Decisions of the General Manager or the Director of Regulation with respect to requests or subpoenas for records exempt from disclosure or production shall be in writing and shall constitute the final action of the AEC. (e) AEC personnel, or AEC contractors who are required by a subpoena to produce or disclose a record of the types included in § 9.5(a) shall appear in re sponse thereto and shall respectfully decline to produce or disclose the record described, basing refusal on this paragraph, unless production or disclosure has been authorized pursuant to this § 9.10. (f) Records of the types included in § 9.5 (a), except for those included in subparagraphs (1) and (3) of § 9.5(a), which are requested by a party to a proceeding conducted pursuant to Part 3 of this chapter shall be furnished to the Board of Contract Appeals panel established to preside at the proceeding and shall be reviewed by the panel to determine whether such records are material and relevant to the proceeding. If the panel determines that the requested records are material, and relevant to the proceeding, it may authorize the disclosure of the records unless the General Manager determines that the disclosure of the records will be contrary to the public interest. Records produced pursuant to this paragraph (f) shall be used (1) only by the panel and the parties to the proceeding, and (2) only for the purpose of the proceeding; and shall not become a part of the public record of the proceeding. 32 F.R. 9214 June 29, 1967 10 CFR 9.1 CIVIL AERONAUTICS BOARD § 310.4 Time and place where records may be inspected or copied. (a) Records may be inspected and copied at the Board's Public Reference Room or other offices, Universal Building, 1825 Connecticut Avenue NW., Washington, D.C., during the Board's normal business hours, 8:30 a.m., to 5 p.m., local time, Monday through Friday, excluding legal holidays, unless the Board's business hours are otherwise provided by statute or Executive order. (b) "Public Reference Room" is the principal Board facility where requests for records shall be made and where records may be viewed or copied, and where other reference materials, such as the Board's regulations, the CAB Manual, Board Orders, Decisions of the Hearing Examiners, statements of policy and interpretations of general applicability, certain carrier financial reports, the Public Index to Board materials, lists of Board publications, and a list of forms used by the Board in dealing with the public are available for inspection. § 310.5 Fees for copying. Appropriate fees for copying Board records (including handling) are prescribed in Part 389 of this chapter. § 310.6 Procedure for requesting records. (a) A request to inspect or copy, or have copied, the Board's records described in Appendix A to this part may be made in person, by telephone, or in writing. Where a specific office is noted after the listing of a record in Appendix A to this part, the request shall be directed to that office. All other requests shall be directed to the Public Reference Room. (b) Requests for records shall be specific and must identify the specific records or materials which are desired by name, date, number, or other identifying data sufficient to allow the Board's staff to locate, retrieve, prepare, and when necessary, edit the record for inspection or copying to delete exempted matter. Blanket or generalized requests need not be honored, and may be returned to the person making the request. § 310.7 Production of Board records. Every effort will be made to serve requests with reasonable dispatch. Requests for the same record will be filled on a "first come, first served" basis, but use of a document by the Board or its staff will be given precedence. § 310.8 Use of records. (a) When a record is produced for the inspection of the requester, he will be informed where he may view the record. If a person requesting a record cannot view it at the Board's offices during normal business hours, he may ask to have the record copied and mailed to him, for which he will be charged the appropriate fee. (b) Any record which is available for inspection at the Board may be copied. Copy work will be done for a charge by the Public Reference Room, Records Reference Section, Office of the Secretary, or, in appropriate cases, by a person holding a contract with the Board for the performance of such service. Selfservice, coin-operated copy machines are also available in the Public Reference Room. (c) Records must be returned to the Board unit making them available. Under no circumstances may records be removed from the Board. Failure to adhere to the applicable Board regulations, or to maintain proper conduct, may result in denial of any further access to Board records. The public is reminded of Title 18, United States Code, section 2701(a), which makes it a crime to conceal, remove, mutilate, obliterate, or destroy any record filed in any public office, or to attempt to do any of the foregoing. § 310.9 Refusal to make record available. (a) Where the material requested is currently in use by another member of the public or an employee of the Board, the person making the request will be so informed by the office at which the request was made, and will be advised when the material will be available. The request may then be renewed at a later time. (b) Where the material requested is not a record, is an exempted record, or is otherwise unavailable, the person making the request will be so informed by the office at which the request was made. (c) Not more than 7 days after a request for a record is denied pursuant to paragraph (b) of this section, the person making the request may appeal the denial to the Executive Director, who has been delegated authority by the Chairman to make determinations on such appeals. The appeal shall be by letter, and shall identify the material requested and denied in the same manner as it was identified to the Board office receiving and denying the request; shall indicate the dates of the request and denial; and shall indicate the expressed basis for the denial. In addition, the letter of appeal shall state briefly and succinctly the reasons why the record should be made available. (d) The Executive Director may consult with other members of the staff in making his determination, and shall by letter inform the requester, within 7 business days after receipt of the appeal, whether the requested material will be made available in whole or in part. If the request is denied in whole or in part, the basis for denial will be stated. (e) Upon denial of a request for a Board record by the Executive Director, the person making the request may submit a petition for review pursuant to § 385.50 of this chapter. Proceedings thereafter will be governed by Part 385, Subpart C, of this chapter. APPENDIX A Description and Location of Records Generally Available (Note: Any item may be withheld from disclosure if exempted, whether or not the item is listed herein.) Agreements Filed Under Section 412 of Air Freight Forwarder Applications and Aircraft Lease or Purchase Transactions Charters: Requests for Waivers of Board Conferences Between Civil Aeronautics Contracts of the Civil Aeronautics Contracts Awarded. Bureau of Operating Rights, Agreements Division. Bureau of Operating Rights, Supplementary Services Division. Bureau of Operating Rights, Agreements Division. Office of Secretary, Public Reference Office of Secretary, Minutes Section. (Request to be made to Public Reference Room.) Bureau of Operating Rights, Supplementary Services Division. Office of Secretary, Docket Section. Office of Administrative Services. Description and Location of Records Correspondence Relating to Items Listed in Appendix A. Dockets and Related Material__ Agents: File Showing Agents Designated for Service Under Section 1005 (b), Federal Aviation Act. Applications Sent to President Under Section 801 of Federal Aviation Act: Card Record of. Docket Binders: Containing Material Docket Indexes Which List: By By Name of Applicant or Peti- By Name of City, Applications for Service to Said City and the Disposition Thereof. By Name of Carrier and by Docket Number, a Description of Pending Applications. Documents Served by Docket Sec- Oral Arguments: List of, by Date Parties to Individual Docketed Pro ceedings: Lists of, With Addresses. Flight Schedules of Air Carriers_-_-_ Foreign Aircraft Permits: Copies of Applications, Permits, and Filings in Connection Therewith. Forms Used in Dealing With the Public: Air Carrier Claims for Mail Pay Mileage Records: Official Board Records of Mileages. Minutes of the Civil Aeronautics Board: Approved Minutes of the Board on Matters Which Are Not Pending. Generally Available—Continued Office of Assistant Executive Director for Operations, Communications and Records Section, and in the Various Board Offices. (Requests should be made to the Office of Secretary, Public Reference Room.) Office of Secretary, Docket Section. Office of Secretary, Schedules and Route Information Unit. Bureau of Operating Rights, Supplementary Services Division. Office of Assistant Executive Director for Operations, Publications Section. Bureau of Operating Rights, Supplementary Services Division. Office of Comptroller. Office of Secretary, Schedules and Route Information Unit. Office of Secretary, Minutes Section. (Request to be made to Public Reference Room.) Description and Location of Records Generally Available—Continued Opinions of General Counsel__. Policy Statements of the Civil Aeronautics Board and Index Thereof. Public Index__ Published Board Documents_ Regulations of the Civil Aeronautics Board and Indexes Thereof: Economic, Procedural, Special and Organization. Reports of Carriers and Related Material: Air Carrier Form 41 and 242 Finan- Air Carrier Form 2787 Reports of Air Freight Forwarder Reports Air Taxi Operator Reports Required Carrier Officers and Directors Re- Foreign Indirect Air Carrier Reports. Office of General Counsel. (Request to be made to Office of Secretary, Public Reference Room.) Office of Secretary, Public Reference Room. Office of Secretary, Docket Section. Office of Secretary, Indices Section. Office of Secretary, Public ReferenceRoom. Do. Do. Do. Do. Do. Do. Bureau of Accounts and Statistics, Cost and Statistics Division. Office of Secretary, Public Reference Room. Do. Do. Bureau of Operating Rights, Agreements Division. Office of Secretary, Public Reference Room. Do. |