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Description and Location of Records Generally Available-Continued

Reports of Carriers and Related Ma

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Manuals of Air Carrier Accounts and Reporting Instructions Prescribed by the Board.

National Air Carrier Association,
Form 492 Reports of Commercial
Charter Exchange Activity, Mem-
bership Roster, and Flight Data
(Schedules A, B, and C, of Form
492).

Public Accountants Reports and Re-
conciliation With Form 41 Reports.
Standard Practice Letters Prescrib-
ing Standard Accounting and Re-
porting Procedures, Supplemental
to the Uniform System of Ac-
counts and Reports.

Waivers of Accounting and Report-
ing Requirements and Record Re-
tention.

Route and Service Authorizations___.

"Book of Official CAB Airline Route
Maps and Airport to Airport Mile-
ages" (Publication).

Certificates of Public Convenience
and Necessity.

Foreign Air Carrier Permits.
Historic and Current Records and
Indexes of Points Served, Air-
ports, Dates of Service Inaugura-
tion, Service Deletions, Suspen-
sions and Restorations and Board
Actions Affecting Carrier Service
Authorizations.

Statements of Authorization for Off-
Route Charter Trips by Foreign Air
Carriers (Part 212, Economic Regula-
tions): Copies of Applications for, Fil-
ings in Connection Therewith and Cop-
ies of the Authorizations.
Tariff Matters__.

Agent Matters:

Alternate Agents' Affidavits as
to Disability of Principal Tar-
iff Publishing Agent.
Corporate Tariff Agents' Desig-
nation of Issuing Officer.

Powers of Attorney (Issued by
Carriers to Tariff Publishing
Agents).

Tariff Publishing Instructions
(From Carriers to Agents).
Certifications of Tariff Publications
and Requests for Copies.

Office of Comptroller.

Office of Secretary, Public Reference
Room.

Bureau of Accounts and Statistics,
Regulations and Reports Division.

Office of Secretary, Public Reference
Room.

Do.

Do.

Do.

Office of Secretary, Schedules and
Route Information Unit.

Bureau of Operating Rights, Supplementary Service Division.

Bureau of Economics, Tariffs Section.

Description and Location of Records Generally Available Continued

Tariff Matters-Continued

Concurrences (Issued by Carriers to
Tariff Publishing Carriers).
Correspondence With Carriers or
Agents Requesting Correction of
Part 221 Violations in Tariffs.
Free or Reduced Rate Transporta-
tion:

Access to Aircraft or Free
Transportation: Requests for,
on U.S. Government Form 160.
Application for, under § 223.8 of
Economic Regulations.
Carrier Manuals Containing In-
structions, Rules, Regulations,
and Practices Governing Issu-
ances and Interchange of
Passes.

Reports by Carriers of Free
Transportation of Technical
Representatives of Aircraft
Manufacturers (§§ 223.2 (c)
and (d) of Economic Regula-
tions).

Postponed Board Actions, Notices of, on Tariffs Filed on 45 Days Notice and Not Acted Upon by Board 15 Days Prior to Effective Date.

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APPENDIX B

Types of Records Generally Excluded From Availability

The following list contains by way of example those records which are "exempted records" under this part. The examples of exempted records are listed according to the applicable subsections of 5 U.S.C. 1002(e).

(1) Documents classified pursuant to Executive Order No. 10501. Classified Board Minutes and classified exhibits in formal proceedings.

(2) Personnel rules and practices. Files pertaining to the Board's personnel. Technical manuals and instructions pertaining to the Board's audit of carrier accounts.

(3) Material exempted by statute. Matter which heretofore has been exempt from public disclosure under sections 902 (f) and 1104 of the Federal Aviation Act, or by specific Board order will continue to be exempt. Such matters include carrier audit papers and correspondence relating thereto, and matters on which the Board has granted a motion for nondisclosure pursuant to § 302.39 of its rules of practice.

(4) Trade secrets and commercial or financial information. Past or future matter submitted to the Board in confidence but for which no formal request under § 302.39 of the Board's rules of practice has been made and granted will be held in confidence by the Board to the extent deemed allowable. No assurance of withholding material is implied by this, however, and affected persons should formally request withholding under § 302.39 where they deem it necessary to protect their interests.

Examples of confidential matters under this subsection include carrier accounting manuals, certain origin and destination data, MAC rate information submitted in advance of MAC rate proceedings, materials related to informal subsidy conferences, certain conference materials and traffic statistics submitted by IATA, and air carrier or ATA letters, information, or views used in developing U.S. positions in international aviation matters.

(5) Inter/intra-agency memoranda. Board Minutes involving items which are pending and Minutes not approved.

Reference or supporting material keyed to the Board Minutes.

Copies of CAB decisions awaiting Presidential action.

Notation, Calendar, and For Information Memoranda.

Budget, Management, Program Evaluation, Records Disposal, Research, Planning, and Program files.

Internal memoranda on the Administrative Conference of the United States. Files regarding Board requisitions, equipment and space.

Memoranda regarding Interagency Committees.

Intergovernmental communications on Loan Guarantee matters.

Staff analyses not published by the Board.

Research and legislative reference files of the General Counsel.

Memoranda and studies regarding Board positions in international aviation

matters.

Developmental files, research materials, and workpapers.

(6) Invasion of personal privacy. Correspondence and inquiries regarding Board personnel.

Individual personnel files and records.

(7) Law enforcement investigatory files. Files of the Bureau of Enforcement or other bureaus regarding alleged violations of the Federal Aviation Act; e.g., (a) formal and informal case files, (b) consumer complaint files which would disclose the identity of private complainants, (c) civil complaint files involving cases resulting in nonmonetary penalties, and (d) correspondence regarding complaints or alleged violations of the Federal Aviation Act not otherwise filed.

Part 389-Fees and Charges for Special Services

Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 14th day of June 1967.

The fees and charges for special Board services are here being adjusted to reflect costs which will be incurred in providing facilities for the copying of Board records pursuant to the Freedom of Information Act, 5 U.S.C. 552(a), (2), (3), (4). The copying of documents will be done by the Board itself, or in

appropriate cases by a non-Government contractor. The fee for photocopying by the Board, including handling, will be at the rate of 35 cents per page, with a minimum charge of $1 exclusive of postage. The fee for work done by a nonGovernment contractor will be established in the contract with the Board. Apart from the copying charges, Part 389 remains unchanged.

Part 389, as here amended, is being reissued so that the current regulation will be available to the public in a single document. For the present, Part 389, as amended, does not assess any fee for those situations where a member of the public desires to inspect a record but does not wish to purchase a copy thereof. However, if the Freedom of Information Act results in a significant volume of additional work burden, the Board may then consider the imposition of a charge in such situations.

§ 389.2 Services available.

Upon request and payment of fees as provided in subsequent sections, there are available, with respect to documents subject to inspection, services as follows: (a) Copying of records and documents.

(b) Certification of copies of documents under seal of the Board.

(c) Subscriptions to publications of the Board.

(d) Transcripts of hearings.

§ 389.3 Payment of fees and charges.

The fees charged for special services may be paid by check, draft, or postal money order, payable to the Civil Aeronautics Board, except for charges for reporting services which are performed under competitive bid contracts with nonGovernment firms. Fees for reporting are payable to the firms providing the services.

§ 389.4 Fees for services.

Except for photocopy work, the basic fees set forth below provide for documents to be mailed with ordinary first-class postage prepaid. If copy is to be transmitted by registered, certified, air, or special delivery mail, postal fees therefor will be added to the basic fee. Also, if special handling or packaging is required, costs therefor will be added to the basic fee. For photocopy work, postage will be in addition to the fee for copying.

§ 389.5 Copying records and documents.

Copies of public records and documents on file with the Civil Aeronautics Board, as it may be practicable to furnish, will be provided upon request therefor and payment of fees as set forth below:

(a) Copies of documents are made by Board facilities, or by non-Government contractors.

(b) The fee for photocopying, including handling, will be at the rate of 35 cents per page.

(c) A minimum fee of $1 excluding postage will be charged for this service. (d) The fee for copying by non-Government contractors will be that established in the contracts with the Board and will be billed directly by such contractors. § 389.6 Certification of copies of documents.

The Secretary of the Board will provide, on request, certification or validation (with the Civil Aeronautics Board seal) of documents filed with or issued by the Board. Copies of tariffs filed with the Board will be certified only when such copies have been made under the Board's supervision upon request of the applicant. Charges for this service are as follows: Certification of the Secretary, $2. This fee includes clerical services involved in checking the authenticity of records to be certified, and shall be prepaid with the request. If copying of the documents to be certified is required, the copying charges provided for in § 389.5 will be in addition to the charges specified in this section.

§ 389.7 Board publications.

(a) Charges for subscriptions. Charges are established for subscriptions to Board publications for which there are regular mailing lists. Publications available and charges therefor, are described in the "List of Publications" available on request to the Board's Publications Section B-22, Washington, D.C. 20428. This list and the charges therein are subject to revision at least annually and without prior notice. Subscriptions to publications are for calendar year terms

and all subscriptions expire on December 31 of each year. Subscriptions to weekly or monthly publications for periods of less than a full calendar year will be prorated on a monthly basis. Quarterly publications will be prorated on a quarterly basis. No provision is made for refund upon cancellation of subscription by a purchaser. Payment for subscriptions in the form prescribed in § 389.3 shall accompany the subscription order.

(b) Free services. No charge will be made by the Board for notices, decisions, orders, etc., required by law to be served on a party to any proceeding or matter before the Board. No charge will be made for single copies of Board publications individually requested in person or by mail, except where a charge is specifically fixed for a publication at the time of its issuance. In addition, subscriptions to Board publications will be entered without charge when one of the following conditions is present:

(1) The furnishing of the service without charge is an appropriate courtesy to a foreign country or international organization;

(2) The recipient is engaged in a nonprofit activity designed for the public safety, health, and welfare in the field of civil aeronautics;

(3) The recipient is another Government agency, Federal, State, or local, concerned with aeronautics or having a legitimate interest in the proceedings and activities of the Board;

(4) The recipient is a college or university;

(5) The recipient does not fall into any of the foregoing categories, but free service or service at a reduced rate is determined by the Board to be appropriate in the interest of and contributing to the Board's program.

(c) Reciprocal services. Arrangements may be made for furnishing publications to a foreign country on a reciprocal basis.

§ 389.8 Transcripts of hearings.

Transcripts of testimony and oral argument are furnished by a non-Government contractor, and may be purchased directly from the reporting firm.

32 F.R. 8793 June 21, 1967

14 CFR 310.1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

§ 1610.5 Public reference facilities and current index.

The Commission will maintain in a public reading area located in the Commission's library at 1800 G Street NW., Washington, D.C. 20506, the materials which are required by 5 U.S.C. 552 (a) (2) and 552 (a) (4) to be made available for public inspection and copying. The Commission will maintain and make available for public inspection and copying in this public reading area a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required to be indexed by 5 U.S.C. 552(a) (2). The Commission in its discretion may, however, include precedential materials issued, adopted, or promulgated prior to July 4, 1967. The Commission will also maintain on file in this public reading area all material published by the Commission in the Federal Register and currently in effect.

§ 1610.7 Deletion of identifying details.

When making available any records pursuant to § 1610.5, the Commission will delete identifying details to the extent required to prevent a clearly unwarranted invasion of personal privacy. To each record from which identifying details shall have been deleted when the record is made available for public inspection and copying, the Commission will attach a written justification for such deletions. A single such justification shall suffice for deletions made in a group of similar or related records. Subject to necessary or appropriate variations in individual instances, the justification will be in substantially the following form:

This record is (These records are) made available for public inspection and copying pursuant to 5 U.S.C. sec. 552(a) (2). As authorized therein, to prevent a clearly unwarranted invasion of personal privacy, identifying details have been deleted.

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