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those included in budget justification be released to the public, even though material) which, even though finalized, they probably are not covered by the would be harmful to public or private trade secrets exemption. interests, if made available in advance

$ 1206.301 Release of exempt records. of the effective date; and working papers of the agency attorney and documents Information or a record which is exwhich come within the attorney-client empt from disclosure under this Subprivilege.

part 3 of this part may be released in (f) Personnel and medical files and accordance with procedures set forth in similar files the disclosure of which $ 1206.607. would constitute a clearly unwarranted

& 1206.302 Limitation of exemptions. invasion of personal privacy. For purposes of this exemption, the term "pri (a) Nothing in this part 1206 authorvacy" includes privacy in business affairs izes the withholding of information or as well as in medical and family affairs.

other agency records, or limiting their Included, but not by way of limitation,

availability, to members of the public are the following:

except as specifically stated in this part (1) Private, personal, financial or busi

1206. ness information contained in any per

(b) Nothing in this Part 1206 shall be sonnel or medical file or in any other

construed as authority to withhold infiles which, if disclosed to the public, formation or other agency records from would invade the privacy of any person

Congress. including any member of the family of

Subpart 4Locations for Inspection the person to whom the information pertains. Examples of such information are

of Information and Other Records statements of financial interests, evalu $ 1206.400 Information centers. ations of employee work performance,

NASA will maintain Information Cenfitness reports on military personnel,

ters as set forth in this subpart. disciplinary files, security files, medical files on employees, and official personnel § 1206.401 Location of information cenfolders.

ters. (g) Investigatory files compiled for law

(a) NASA will maintain a Headquarenforcement purposes except to the ex ters Information Center at the following tent available by law to a party other

location: than an agency. Included, but not by way of limitation, are the following:

National Aeronautics and Space Administrae (1) Civil Service investigation files or

tion, Headquarters Administration Omce

(Code DH), Washington, D.C. 20546. reports. (2) Civil Rights investigation files or

(b) NASA will also maintain a Field reports.

Information Center at each of the fol(3) Employee disciplinary investiga

lowing locations: tion files or reports.

(1) NASA Ames Research Center, Moffett (4) Audit investigation files or reports.

Field, Calif. 94035. (5) FBI investigation files and reports.

(2) NASA Electronics Research Center, 575 (6) Investigatory information relating

Technology Square, Cambridge, Mass. 02139.

(3) NASA Flight Research Center, Post to the enforcement of criminal statutes

Office Box 273, Edwards, Calif. 93523. and labor, immigration, and securities (4) Goddard Institute for Space Studies, laws of concern to NASA.

2880 Broadway, New York, N.Y. 10025. (7) Litigation files compiled by the (5) NASA Goddard Space Flight Center, Government and files prepared for ad

Greenbelt, Md. 20771. judicative proceedings.

(6) NASA John F. Kennedy Space Center,

Kennedy Space Center, Fla. 32899. (h) Information contained in or re

(7) NASA Langley Research Center, lated to examination, operating, or con

Langley Station, Hampton, Va. 23865. dition reports prepared by, on behalf of (8) NASA Lewis Research Center, 21000 or for use of, any agency responsible for Brookpark Road, Cleveland, Ohio 44135. the regulation or supervision of financial (9) NASA Manned Spacecraft Center, institutions.

Houston, Tex. 77058. (i) Geological and geophysical infor

(10) NASA George C. Marshall Space Flight

Center, Huntsville, Ala. 35812. mation and data, including maps, con

(11) NASA Michoud Assembly Facility, cerning wells. This exemption makes Post Office Box 29300, New Orleans, La. 70126. clear that geological maps based on ex (12) NASA Mississippi Test Facility, Bay ploration by private companies shall not St. Louis, Miss. 39520.

(13) NASA Pasadena Office (JPL), 4800 Oak Grove Drive, Pasadena, Calli. 91103.

(14) NASA Space Propulsion Office-Nevada Nuclear Rocket Development Station, Post Office Box 1, Jackass Flats, Nev. 89023.

(15) NASA Wallops Station, Wallops Island, Va. 23337.

(16) NASA Western Support Office, 150 Pico Boulevard, Santa Monica, Calif. 90406.

(c) Information which is under the cognizance of a NASA Installation for which a NASA Field Information Center is not in existence may be requested from the nearest NASA Field Information Center or the NASA Headquarters Information Center. $ 1206.402 Documents available for in

spection at NASA information centers. The Headquarters and Field Information Centers will have available for inspection, as a minimum, copies of the following documents:

(a) Section 3 of the Administrative Procedure Act (5 U.S.C. 552, as amended by P.L. 90–23);

(b) Title 14, Chapter V, and Title 41, Chapter 18, Code of Federal Regulations (CFR), and material published in the FEDERAL REGISTER for codification but not yet included in the CFR;

(c) NASA Management Issuances;

(d) Scientific and Technical Aerospace Reports (STAR), 1966–67;

(e) Index to NASA News Releases and Speeches, 1963 to 1966;

(f) Index to NASA Tech Briefs (Technology Utilization) and Selected Listing of NASA Reports (including Index to Technology Utilization Reports), 196465;

(g) Index Digest of Decisions, NASA Board of Contract Appeals. § 1206.403 Duty hours.

(a) The NASA Headquarters Information Center of NASA will be open to the public during all regular work days, from 9 a.m. to 4:30 p.m.

(b) The Field Information Centers will be open for a comparable period of time during the normal duty hours of the respective installation. $ 1206.404 Published documents.

Copies of information published in the FEDERAL REGISTER or available for purchase from the Superintendent of Documents, the Clearinghouse for Federal Scientific and Technical Information (Department of Commerce), or other readily available sources will not be re

produced unless they cannot be obtained from such sources. This does not apply to information published in the FEDERAL REGISTER which has been reproduced for free distribution to interested parties, such as the NASA Patent Waiver Regulations.

Subpart 5-Responsibilities $ 1206.500 Assistant Administrator for

Public Affairs. The Assistant Administrator for Public Affairs is responsible for overall execution and coordination of the NASA program for release of information and other agency records under this Part 1206 and for making necessary determinations regarding the release of exempt records under $ 1206.607. $ 1206.501 NASA Headquarters.

(a) Director for Headquarters Administration. The Director for Headquarters Administration is responsible for the NASA Headquarters program for release of information and other agency records under this Part 1206 and for the release of such information and records in the possession of NASA Headquarters offices.

(b) General Counsel. The General Counsel is responsible for the interpretation of the requirements of 5 U.S.C. 552, and this part, and will be consulted with respect to those requests for release of information or other agency records in the possession of NASA Headquarters offices where it is not certain whether or not such information or record may be exempt from disclosure under Subpart 3 of this part. $ 1206.502 Field and component in

stallations. (a) Director. The Director of each NASA Field Installation or the Officialin-Charge of each component Installation is responsible for release of information or other agency records under this part which are in the possession of his respective Installation.

(b) Legal counsel. The Chief Counsel of each NASA Field Installation or the Counsel charged with providing legal advice to each NASA Component Installation is responsible for the interpretation of the requirements of 5 U.S.C. 552, and this part, and will be consulted with respect to those requests for release of information or other agency records in the possession of the respective Installation where it is not certain whether or not such record or information may be ex

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empt from disclosure under Subpart 3 veyed to the proper place, copied and of this part.

mailed, or otherwise made available.

Normally, requests will be fulfilled, or Subpart 6Procedures

denied subject to appeal under Subpart

8 of this part, within 30 days or less. § 1206.600 Requests for information or records.

$ 1206.604 Records in use. Requests for information or records Information or records in current use desired by a member of the public may by an employee in carrying out the acbe made in person or by mail to the In tivities of NASA will not be immediately formation Center having cognizance available for inspection and copying or over the information or record requested, purchase until such time as they are no to the Information Center located near longer required for the activity. est to the person requesting the information or record or to the NASA Head 8 1206.605 Payment of fee. quarters Information Center.

Except to the extent that information $ 1206.601 Mail requests.

or a record requested is normally fur

nished by NASA to interested parties (a) In order to facilitate filing re free of charge, each request for producquests by mail, the requestor should:

tion of information or a record, whether (1) Submit two copies of a request. made by mail or in person, must be ac(2) Identify the record adequately

companied by payment of a preestab(name or brief description, number, and lished fee, as set forth in $ 1206.700, date when applicable). The identifica which will cover the cost of processing tion should be specific enough that a rec the request, including searching charges ord can be identified and found.

where applicable. NASA will not simply (3) For information or records for

produce for examination all documents which there is a fee (see $ 1206.605) in

requested by a member of the public clude a check or money order payable

under this part, free of charge, and then in the exact amount to “Treasurer of the

charge him only for the copies he deUnited States.” Cash or stamps will not

cides to buy, except where such docube accepted. If the amount of the fee

ments are kept available for inspection cannot be determined by the requestor, as required under $ 1206.402. The prehe should request that NASA determine scribed fee must be paid in full prior to the fee.

release of the information or record or (4) Include his name and complete copy thereof. mailing address.

$ 1206.606 Copies. (5) Allow a reasonable amount of time for obtaining reply.

The furnishing of a single copy of the

requested information or record will $ 1206.602 Identity of records.

constitute compliance with this part. Ad(a) Information or records requested ditional copies may be furnished upon must be readily identifiable. Thus a mem request, but this is not required under ber of the public who requests informa this part. tion or a record must provide a reason

$ 1206.607 Release of exempt records. ably specific description of the particular document sought which will enable Where information or a record which it to be identified and located. Blanket has been requested is exempt from disrequests in indefinite, all-inclusive terms closure under Subpart 3 of this part, the such as "the entire file" or "all matters request will be referred to the Assistant relating to" will not be honored.

Administrator for Public Affairs for & (b) No obligation is undertaken by determination whether the information NASA to compile or create information or record should nevertheless be made or records not already in existence at the available on the ground that no public time of the request.

interest purpose would be served by

withholding the information or record. $ 1206.603 Reasonable time for search. A reasonable time must be allowed for

$ 1206.608 Denial of record. the conduct of a search, for the infor A request for Information or a record mation or records to be located, con is not to be considered finally denied

until it has been denied by the Adminis Goddard Space Flight Center, Greenbelt, trator of NASA or his designee for this

Md. (1) Photography, black-and-white: purpose. See Subpart 8 of this part for

8'' x 10" photographs (each).

80.70 appeals procedure.

11" x 14" photographs (each)

.75 Subpart 7–Schedule of Fees 16'' x 20'' photographs (each).

2.00 28" x 24" photographs (each).

3. 00 $ 1206.700 Schedule of fees.

942 MRF (medium resolution frames)
photographs (each) --

3. 15 Charges for searching for and making

91/2 HRF (high resolution frames) available copies of information or other photographs (each).

4. 40 records requested by a member of the 70-mm. film: public will be made in accordance with First 20 feet.

3. 95 the following schedule of fees, except that

Each additional foot...

.09 where the search for information or a

8'' x 10" transparencies (each)

2.95

3.60 record takes less than 15 minutes the

16' x 20' transparencies (each)
20" x 24" transparencies (each)

4.95 search charge may be waived:

9 12 MRF (medium resolution frames) (a) Construction and engineering in transparencies (each).

4. 80 formation. Copies of aerial photographic 942 HRF (high resolution frames) maps, specifications, permits, charts, transparencies (each).

8. 30 blueprints, and other technical engineer

70-mm. transparencies:
First 20 feet..

5. 30 ing documents

Each additional foot----

.21 Searching per 4 hour.

81.50 Processing per 24 hour or fraction

(2) Photography, color: thereof .90 8" x 10" photographs (each)

$5.00 Each print (per square foot) ---

. 20 8" x 10" type "R" photographs (each). 2. 75 (b) Nontechnical documents. Letters,

10" X 14" type "R" photographs
(each)

5. 95 memoranda, statements, reports, con 11" x 14" photographs (each).

10. 00 tracts, and other nontechnical docu 16" x 20" photographs (each)

19.00 ments not otherwise provided for

35-mm. transparencies—cardboard
mount (each) --

. 95 Searching per 14 hour.

$1.00

70-mm. transparencies-cardboard Processing per 14 hour or fraction

mount (each).

1. 50 thereof

21/2" X 244" transparencies-cardEach photocopy (per page).

.07
board mount (each).

1.00 (c) Information or records requested 31/4" x 4" transparencles-glass mount in connection with claims or litigation.

(each)

2. 50 Searching per 14 hour.

$1. 25 (3) Complete sets of Lunar Orbiter Processing per 14 hour or fraction

Photography (maximum-six 100-ft. Mithereof

.90

crofilm Heels): Certification and validation: With seal.-

Lunar Orbiter No. 1 (per reel)

$5. 40 Without seal.. 50 Lunar Orbiter No. 2 (per reel)

5. 40 Each photocopy:

Lunar Orbiter No. 3 (per reel)

5. 40 Requests from litigants pertaining

Lunar Orbiter No. 4 (per reel)

5. 40 to private litigation (per page)-- . 19 Lunar Orbiter No. 5 (per reel).

5. 40 Requests pertaining to

in which the United States is a party

(f) Other information, Charges for inand where court rules provide for

formation and/or services not specifically reproduction of records without

listed above will be in an amount equal cost to the Government (per page)

. 19

to the cost of providing that information Requests for information from in

and/or services. Current prices may be vestigative reports; e.g., auto

obtained from the NASA Information mobile accident reports, safety

Center (see $ 1206.401) to which the reports, etc.-minimum charge $2.50 (per page)--

request for information will be made. . 17

(33 F.R. 6242, Apr. 24, 1968) (d) Automatic data processing records.

Subpart 8-Administrative Appeal Searching per 14 hour.

$1.15

$ 1206.800 Appeal from withholding of Punched cards (per 100 cards)

5. 93

information or a record. Magnetic tape (per 2400' real).

-------- 42. 57

There is provided in this subpart an (e) Information furnished exclusively appeal from the initial decision to withby the NASA Space Science Data Center, hold information or other record. No

• 75

• 75

cases

appeal shall be taken until a request for an identified record has been initially denied in writing. 8 1206.801 Time for appeal.

An appeal shall be initiated within 30 days of the date of the initial denial of a request. The 30-day limitation may be waived for good cause shown. 8 1206.802 To whom appeal is made.

The appeal shall be made to the Administrator, NASA, Washington, D.C. 20546. $ 1206.803 Contents of appeal.

The appeal shall include a copy of the request, if the request was in writing, the initial denial, and the reasons for objection to the denial. $ 1206.804 Consideration of appeal.

The Administrator, or his designee for this purpose, will consider the appeal. No personal appearance, oral argument, or hearing will be permitted. $ 1206.805 Decisions on appeal.

(a) Decisions on appeal will be in writing, will briefly give the reasons for the decision, and will be promptly communicated to the requestor.

(b) Where the decision is in favor of the requestor, the decision may order a record made available to the requestor as provided in the decision. Subpart 9— Failure To Release Infor

mation or Records to the Public $ 1206.900 Failure to release informa

tion or records to the public. (a) With respect to the types of information required to be made available under $ 1206.200(b), final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public may be relied upon, used or cited as precedent by NASA against any private party unless it has been indexed and either made available or published or unless that private party shall have had actual and timely notice of the terms thereof.

(b) With respect to the information or other records required to be made available under $ 1206.200(c), failure to release agency records not exempt from disclosure under Subpart 3 of this part establishes the necessary jurisdiction for injunction proceedings to be commenced in a U.S. District Court. Upon complaint, the District Court of the United States

in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated shal: have jurisdiction to enjoin NASA from the withholding of agency records improperly withheld from the complainant. In such cases, the Court shall determine the matter de novo and the burden shall be upon NASA to sustain its action. In the event of noncompliance with the Court's order, the District Court may punish the responsible oficers for contempt. Except as to those causes which the Court deems of greater importance, proceedings before the District Court on the matter involved herein shall take precedence on the docket over all other cases and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Subpart 10—Release of Information

to News and Information Media $ 1206.1000 Scope.

This subpart establishes NASA policy and responsibilities for the release of information concerning NASA programs and activities to news and information media. The provisions of this subpart cover the release of information in any form to news and information media. Not included is the release of scientific and technical information and educational material. (33 F.R. 19797, Dec. 27, 1968] $ 1206.1001 Policy.

(a) Consistent with NASA statutory responsibility (42 U.S.C. 2473(a) (3)) NASA shall “* * provide for the widest practical and appropriate dissemination of information concerning its activities and the results thereof,

except for that information which may be exempt from disclosure under Subpart 1206.3.

(b) It is the policy of NASA to make prompt and complete release of information concerning its activities and the results thereof.

(c) (1) The principal NASA spokesmen are the Administrator, Deputy Administrator, Associate Administrator, Associate Deputy Administrator, and the Assistant Administrator for Public At. fairs (and his designees).

(2) The Associate Administrators (and their deputies), the General Coun. sel (and his deputy), and the Assistant Administrators (and their deputies)

no

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