Page images
PDF
EPUB

tent practicable and to further assist the public, be made available for inspection and copying at the facility identified in $ 60.5 (c). $ 60.5 Availability of materials for in

spection and copying. (a) The Director, Bureau of the Census shall, as provided in 5 U.S.C. 552 (a) (2) and subject to other provisions of law, establish and maintain a reference facility for the public inspection and copying of:

(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(2) Those statements of policy and interpretations which have been adopted by the Bureau and are not published in the FEDERAL REGISTER;

(3) Administrative staff manuals and instructions to staff that affect a member of the public;

(4) Current indexes providing identifying information for the public as to any matter which is (i) issued, adopted, or promulgated after July 4, 1967, and (ii) required to be made available or published by section 552(a) (2);

(5) Such additional materials as the Bureau of the Census may consider desirable and practicable to make available for the convenience of the public.

(b) The Bureau may, to prevent unwarranted invasion of personal privacy, delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and shall, in each such case, explain in writing the justification for the deletion.

(c) The above materials may be inspected in the Bureau of the Census reference facility located at the Library Branch, Room 2455, f.o.b. No. 3, Bureau of the Census, Washington, D.C. 20233. This facility is open to the public Monday through Friday of each week, except on official Federal holidays, between the hours of 9 a.m. and 4:30 p.m. There are no fees or formal requirements for such inspections. Upon request, however, the facility will arrange to have copies of the above materials made at the cost shown in § 60.9(b) (3).

(d) Correspondence concerning the materials available in the facility should be sent to the above address. The telephone number of the facility is 440–1314, Area Code 301.

$ 60.6 Confidentiality of data collected

by the Bureau of the Census. (a) The Bureau of the Census is required by law to keep certain records confidential. Protection against unauthorized dis osures is provided by Title 13, U.S.C., section 9(a). $ 60.7 Requests for identifiable records.

(a) The procedures of this section are applicable only to those records not customarily available to the public as part of the regular informational activities of the Bureau. The procedures and fees specifically do not apply to applications for personal census information. Applications for personal census information should be directed to the Bureau's Personal Census Service Branch at Pittsburg, Kansas.

(b) A person who wishes to inspect such a Bureau record should complete Form CD-244, “Application to Inspect Records," and submit this form, in person or by mail, to the facility identified in $ 60.5(C). Copies of Form CD-244 are available from the reference facility.

(c) An application form shall be submitted for each record or group of records related to the same general subject matter. Each application form shall be accompanied by the nonrefundable application fee of $2.

(d) Detailed instructions for the completion of Form CD-244 are stated on the back of the form. Employees of the facility will assist the public to a reasonable extent in completing the form; however, the responsibility rests with the applicant for identifying each record sought in suficient detail so that it can be located by personnel familiar with the filing of agency records. Each application shall clearly itemize, when there are more than one, each record requested so that it may be identified and its availability separately determined.

(e) The staff of the facility will review the application for completeness, and will record receipt of the fee. If the application appears in order, it shall be forwarded to the Bureau official who would appear to have official custody of the requested record to determine whether it is an identifiable and disclosable record. If the application is incomplete in some substantial and material respect, it shall be promptly returned to the applicant to complete.

& 60.8 Agency determinations of avail. production, certification, and authenticaability of records.

tion, and for related expenses incurred (a) The official having custody of the

by the Bureau with respect to records record shall initially determine:

made available upon request under 5 (1) Whether the requested record can

U.S.C. 552(a) (3). be identified on the basis of the informa

(b) The following fees are hereby tion supplied by the applicant. If he can

established and payable to the Bureau: not identify the record, the application (1) Application feeper application.- $2.00 shall be transmitted to the facility for return to the applicant, specifying why

This fee is nonrefundable, and covers it is not identifiable and what additional

costs of accepting and reviewing the apclarification, if any, the applicant may

plication, and making a determination as

to the availability of the requested recmake to assist the facility in its identification.

ord. The $2 application fee does not (2) Whether the record, if identifi

apply to requests for personal census able, is still in existence or has been de

information, which should be directed

to the Bureau's Personal Census Service stroyed as provided by law, or is not in the possession of the organization. If the

Branch in Pittsburg, Kans. The fee for recor no longer exists, the applicant

personal census service is $4 for a search

in turn (4 to 6 weeks) and $5 for exshall be so notified, with the reason stated, via the facility. If the requested

pedited service (about 2 weeks). record is in another organization of the

(2) Records search fee- per hour per Department, or is the exclusive or pri

person

$5.00 mary concern of another executive de

This fee covers the costs of locating the partment or agency, the application for desired record, transporting it by govsuch record shall be promptly referred ernment messenger service to a point of to that other organization or agency for inspection, supervising the inspection, further action under its rules, and the and returning the record to its regular applicant shall be promptly informed of file. It also includes the costs of any this referral.

copies of records made at the Bureau's (b) If the requested record is identifi

option. The minimum fee charged for able and subject to the Bureau's de

records search will be one-half hour termination as to its availability, the ap

($2.50). plication shall be reviewed by an official authorized, pursuant to Department

(3) Copies of records, 11 requested by Order 64, to initially determine its avail

applicant: ability. If he determines, as provided by

(1) Xerographic or similar proc

ess—Up to 9 X 14 inches law, that the record is not to be made

(each page)

$0.25 available to the requesting person, said (11) Photocopy or similar procparty shall receive in writing, the specific reason(s) why the record is not being

Up to 12 x 18 inches (each disclosed, signed by the official making

copy)

1.00 the determination.

Over 12 x 18 inches, but less

than 18 X 25 inches (each (c) If the record is to be made avail

copy)

2.00 able, and there are no further charges (4) Other forms of reproduction, as or fees, it shall be furnished to the re

may be required by the nature of questing person. If, in accord with $ 60.9,

the original record..

(?) there are additional costs to be recovered (5) Certification fee, if requested (apfrom the applicant, they shall be esti

plicable to each certification).. 1.00 mated and the applicant notified that

(6) Postage, registration, or other for

warding or packing fees--Appliupon his payment of such estimated

cable only if copies of records costs, subject to adjustment as provided

are requested to be shipped to a in g 60.9, the record shall be made avail

point other than the Bureau's able to him.

reference facility---$ 60.9 Fees and charges.

1 Individual fee, suficient to recover full

cost. (a) In accord with Congressional poli

2 Actual cost. cies that services performed hereunder are to be self-sustaining, as provided by

(c) All fees and charges will be collaw, appropriate fees and charges are

lected in advance. The applicant will be hereby established to cover costs for ap- given an estimate of the cost of records plication handling, record searching, re- search for each application where dis

121

ess

closure availability is authorized. If accual cost exceeds the estimate, the applicant will have the option of either paying any additional costs, or inspecting the requested record to the extent covered by his payment. If the advance estimated payment is $1 or more in excess of both the actual cost and the minimum charge, a refund will be made of the excess above the higher of these two amounts.

(d) The fees set forth above are based upon an initial estimate of the costs to be incurred in providing the indicated services and may be revised as necessary to insure the recovery of full costs by the Bureau.

(e) The above fees are established solely for services provided pursuant to 5 U.S.C. 552(a) (3), and do not affect fees charged for other Bureau services to the public, as may be performed under other authorities. $ 60.10 Arrangements for public inspec.

tion and copying of available records. (a) Upon receipt of the records search fee, and any fees for additional services requested by the applicant, the requested record which has been determined to be available shall, unless the applicant has otherwise indicated, be transferred to the Bureau's reference facility, where it will be held for inspection by the applicant for 5-work days. The address, and hours of operation, of this facility are stated in $ 60.5(c).

(b) During his inspection of the record at the facility, the applicant may copy by hand any portion of the record, may request the facility to make a copy thereof, and may obtain certification of a machine-copied record in accordance with the fee structure in $ 60.9(a) (3).

(c) No changes or alterations of any type may be made to the record being inspected, nor may any matter be added

subtracted therefrom. Papers bound or otherwise assembled in a record file may not be disassembled during inspection. Staff of the facility shall provide assistance if disassembly of a record is necessary for copying purposes, and are authorized to supervise public inspection as necessary to protect the records of the Department. 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.

(d) If an applicant does not want to inspect a record by personal visit, he may request that a copy thereof be mailed to him, upon payment of the copying and postage fees set forth in $ 60.9. Original copies of records shall not be sent to any location other than the reference facility for public inspection pursuant to 5 U.S.C. 552(a) (3).

(e) Copies of transcripts of hearings may be made available for inspection when not in use. When copies of such transcripts are requested, if the Bureau's contract with a nongovernmental contractor requires that copies be sold only by the contractor, the applicant shall be referred to the contractor.

(f) The Bureau in its discretion, when appropriate in the interests of its program, may make exceptions to established charges. $ 60.11 Requests for reconsideration of

nonavailability. (a) Any person whose application to inspect a record has been rejected because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial, as set forth herein.

(b) The request for reconsideration should be made by completing the applicable section of the Form CD-244, and returning it to the reference facility within 30 days of the date of the original denial. (This date is shown on the Form CD-244.) No addition fee is required to obtain reconsideration. In submitting a request for reconsideration, the applicant should include any written arguments he desires to support his belief that the record requested should be made available. No personal appearance, oral 'argument, or hearing shall be permitted.

(c) The decision upon such review shall be made by the Director, Bureau of the Census, and shall be based upon the original application, the denial, and any written argument submitted by the applicant.

(d) The decision upon review shall be promptly made in writing and communicated to the applicant. If the decision is wholly or partly in favor of the applicant, the requested record to such extent shall be made available for inspection, as described in $$ 60.9 and 60.10. To the extent that the decision is adverse to the request, the reasons for the denial shall be stated.

to

or

(e) A decision upon review completed as provided by this section shall constitute the final decision and action of the Bureau as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3).

(f) Reconsiderations resulting in final decisions as prescribed herein shall be indexed and kept available for public reference in the facility. § 60.12 Subpoena or other compulsory

process. Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority are set forth in section 7 of Department Order 64.

Notice and public procedure are not necessary for the promulgation of this part since the rules contained herein are procedural rather than substantive in nature and relate to agency management.

$ 70.1 Cutoff date and the effect on enu.

meration. The Bureau of the Census will recognize only those boundaries legally in effect on January 1, 1970, for the tabula. tion and publication of data from the 1970 Censuses of Population and Housing. Respondents will be enumerated on the census date as residing within the legal limits of municipalities, wards, the county subdivision areas, and counties as these limits existed on January 1 of the census year. $ 70.2 County subdivision defined for

census purposes. For purposes of this part, county subdivisions are defined to include the areas identified by the Bureau of the Census as minor civil divisions. Although civil and judicial townships are the most frequent type of minor civil division, there are also beats, election districts, magisterial districts, towns, and other areas. A more complete description appears on page XXI of "1960 Census of Population, Volume I, Part A." § 70.3 Effect of boundary changes after

the cutoff date. Changes in boundaries that become effective after January 1, 1970, will not be recognized by the Bureau of the Census in taking the 1970 Federal censuses. The residents of any area which is transferred to another jurisdiction after January 1, 1970 will be enumerated in the census as residents of the area in which their respective residences were located on January 1.

PART 70—CUTOFF DATE FOR REC

OGNIZING BOUNDARY CHANGES

FOR THE 1970 CENSUSES Sec. 70.1 Cutoff date and the effect on enumera

tion. 70.2 County subdivision defined for census

purposes. 70.3 Effect on boundary changes after the

cutoff date. AUTHORITY: The provisions of this part 70 Issued under 18 U.S.C. 4, 5; and the delegation to the Director, Bureau of the Census by Department of Commerce Order No. 85.

SOURCE: The provisions of this Part 70 appear at 32 F.R. 15154, Nov. 2, 1967.

« PreviousContinue »