§ 305.10 Nonpublic character of proceedings.

Investigations shall be attended only by the witnesses and their counsel, the hearing examiner, the Investigation Attorney, other Board personnel concerned with the conduct of the proceeding and the official stenographer. All orders initiating investigations, motions to quash or modify investigation subpenas, orders disposing of such motions, documents, and transcripts of testimony shall be part of the record in the investigation. The record of such proceedings shall constitute internal Board documents which shall not be available to the general public. The use of such records in Board proceedings subject to Part 302 of the Rules of Practice shall be governed by §§ 302.19(g) and 302.39 and by the law of evidence applicable to Board proceedings.

§ 305.11 Procedures after investigation.

Upon completion of the investigation, where the Director, Bureau of Enforcement, determines that no corrective action is warranted, the investigation will be closed, and any documentary evidence obtained in the investigation will be returned to the persons who produced it. Where remedial action is indicated by the investigation, the Director will proceed pursuant to Subpart B of Part 302 of the Rules of Practice or will take such other action as may be appropriate. § 305.12

Motions to quash or modify an investigation subpena.

Any person upon whom an investigation subpena is served may, within seven (7) days after such service or at any time prior to the return date thereof, whichever is earlier, file a motion to quash or modify such subpena with the hearing examiner who issued such subpena, or in the event the examiner is not available, with the chief examiner for action by himself or by a member of the Board. Such motions shall be made in writing in conformity with Rules 3 and 4 of the rules of practice (Part 302 of this subchapter); shall state with particularity the grounds therefor and the relief sought; shall be accompanied by the evidence relied upon and all such factual matter shall be verified in accordance with the provisions of Rule 202 of the aforesaid rules of practice. Written memoranda or briefs may be filed with the motions, stating the points and au

thorities relied upon. No oral argument will be heard on such motions unless the chief examiner, the examiner or a member of the Board directs otherwise. A subpena will be quashed or modified if the evidence whose production is required is not reasonably relevant to the matter under investigation, or the demand made does not describe with sufficient particularity the information sought, or the subpena is unlawful or unduly burdensome. The filing of a motion to quash or modify an investigation subpena shall stay the return date of such subpena until such motion is granted or denied. The Board may at any time review, upon its own initiative, the ruling of an examiner or the chief examiner or a member of the Board denying a motion to quash a subpena. In such cases, the Board may order that the return date of a subpena which it has elected to review be stayed pending Board action thereon.

[PR-113, 35 F.R. 10510, June 27, 1970]

guard those records which must be protected.

§ 310.2 Records available.

(a) As used herein, Board "records" include all opinions, orders, manuals, papers, maps, files, letters, memoranda, studies, reports, information, or other documentary materials in being and in possession of the Board which have come into the possession of the Board in the discharge of its official duties, other than documentary materials which are possessed by the Board but which are records of another Government agency. Not included within Board "records” are articles; objects; equipment; and other nondocumentary materials.

(b) For the guidance and convenience of the public, a list is attached to this part designated Appendix A, which describes various records which are available for inspection and copying. Records which do not fall within one of the described categories nevertheless may be open to inspection and copying. Conversely a record listed in Appendix A to this part may be withheld from general inspection and copying because all or part of it may be an exempted record. By way of example, Board records otherwise normally available may be exempted where they consist of docket materials withheld from public disclosure under § 302.39 of the Board's Procedural Regulations in this chapter, certain carrier reports received on a confidential basis, or Minutes of the Board relating to exempted personnel and classified matters. Exempted records are described in § 310.3.

(c) Members of the public may also consult the Board's "List of Publications", obtainable from the Board's Publications Services Section, which describes a number of Board documents for which copies are available for a fee or without charge. The documents listed therein may also be inspected without charge upon request made at the Board's Public Reference Room.

[PR-102, 32 F.R. 8793, June 21, 1967, as amended by PR-110, 35 F.R. 6118, Apr. 15, 1970]

§ 310.3 Exempted records.

(a) As used herein, "exempted records" include those Board records which, pursuant to 5 U.S.C. 552(b) or other applicable law or regulation, are not re

quired to be made available generally for inspection or copying.

(b) Appendix B to this part lists various kinds of records and materials which are "exempted records", and therefore not available for inspection and copying. Appendix B is for the convenience and guidance of the public and is not an exhaustive listing; other records not listed therein may be subject to withholding as "exempted records".

§ 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) "Publc 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. Request 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 cffices 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 change by the Public Reference Room, Records Services Section, Office of Facilities and Operations, or, in appropriate cases, by a person holding a contract with the Board for the performance of such service. Self-service, 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. [PR-102, 32 F.R. 8793, June 21, 1967, as amended by PR-110, 35 F.R. 6118, Apr. 15, 1970]

§ 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 detcrminations 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.

Bureau of Operating Rights, Agreements Division.

Bureau of Operating Rights, Supplementary Services Division.