Imágenes de páginas
PDF
EPUB

§ 60.8 Agency determinations of availability of records.

(a) The official having custody of the record shall initially determine:

(1) Whether the requested record can be identified on the basis of the information supplied by the applicant. If he cannot identify the record, the application shall be transmitted to the facility for return to the applicant, specifying why it is not identifiable and what additional clarification, if any, the applicant may make to assist the facility in its identification.

(2) Whether the record, if identifiable, is still in existence or has been destroyed as provided by law, or is not in the possession of the organization. If the record no longer exists, the applicant shall be so notified, with the reason stated, via the facility. If the requested record is in another organization of the Department, or is the exclusive or primary concern of another executive department or agency, the application for such record shall be promptly referred to that other organization or agency for further action under its rules, and the applicant shall be promptly informed of this referral.

(b) If the requested record is identifiable and subject to the Bureau's determination as to its availability, the application shall be reviewed by an official authorized, pursuant to Department Order 64, to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall receive in writing, the specific reason(s) why the record is not being disclosed, signed by the official making the determination.

(c) If the record is to be made available, and there are no further charges or fees, it shall be furnished to the requesting person. If, in accord with § 60.9, there are additional costs to be recovered from the applicant, they shall be estimated and the applicant notified that upon his payment of such estimated costs, subject to adjustment as provided in § 60.9, the record shall be made available to him.

§ 60.9 Fees and charges.

(a) In accord with Congressional policies that services performed hereunder are to be self-sustaining, as provided by law, appropriate fees and charges are hereby established to cover costs for application handling, record searching, re

production, certification, and authentication, and for related expenses incurred by the Bureau with respect to records made available upon request under 5 U.S.C. 552(a) (3).

(b) The following fees are hereby established and payable to the Bureau: (1) Application fee-per application.- $2.00 This fee is nonrefundable, and covers costs of accepting and reviewing the application, and making a determination as to the availability of the requested record. The $2 application fee does not apply to requests for personal census information, which should be directed to the Bureau's Personal Census Service Branch in Pittsburg, Kans. The fee for personal census service is $4 for a search in turn (4 to 6 weeks) and $5 for expedited service (about 2 weeks).

(2) Records search fee-per hour per person

$5.00

[blocks in formation]

closure availability is authorized. If actual 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 to or 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.

[blocks in formation]
[blocks in formation]

§ 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.

CHAPTER II-NATIONAL BUREAU OF STANDARDS

DEPARTMENT OF COMMERCE

[blocks in formation]

241

255

256

260

Barrels and other containers for lime.

Barrels for fruits, vegetables and other dry commodities, and for cranberries.

SUBCHAPTER E-FELLOWSHIPS AND RESEARCH ASSOCIATES

Fellowships in laboratory standardization and testing for qualified citizens of other American Republics.

Research Associate Program.

SUBCHAPTER F-STANDARDS FOR SAFETY DEVICES

Standard for devices to permit the opening of household refrigerator doors from the inside.

Sec.

SUBCHAPTER A-MEASUREMENT SERVICES

PART 200-POLICIES, SERVICES,

PROCEDURES, AND FEES

[blocks in formation]

200.113

Reports.

200.114 Use of results or reports. 200.115 Fees and bills. 200.116 Description of services and list of fees, incorporation by reference.

AUTHORITY: The provisions of this Part 200 are issued under sec. 9, 31 Stat. 1450, as amended; 15 U.S.C. 277. Interprets or applies sec. 7, 70 Stat. 959; 15 U.S.C. 275a.

SOURCE: The provisions of this Part 200 appear at 32 F.R. 21012, Dec. 29, 1967, unless otherwise noted.

§ 200.100 Statutory functions.

(a) The National Bureau of Standards has been assigned the following functions (15 U.S.C. 271-278e):

(1) The custody, maintenance, and development of the national standards of measurement, and the provision of means and methods for making measurements consistent with those standards, including the comparison of standards used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the Government.

(2) The determination of physical constants and properties of materials when such data are of great importance to scientific or manufacturing interests and are not to be obtained with sufficient accuracy elsewhere.

(3) The development of methods for testing materials, mechanisms, and structures, and the testing of materials, supplies, and equipment, including items purchased for use of Government departments and independent establishments.

(4) Cooperation with other governmental agencies and with private organizations in the establishment of standard practices, incorporated in codes and specifications.

(5) Advisory service to Government agencies on scientific and technical problems.

(6) Invention and development of devices to serve special needs of the Government.

(b) The calibration and testing activities of the Bureau stem from the functions in paragraph (a) (1) and (3) of this section. These activities are assigned primarily to the NBS Institute for Basic Standards. Its program provides the central basis within the United States for a complete and consistent system of physical measurement; coordinates that system and the measurement system of other nations; and furnishes essential services leading to accurate and uniform physical measurements throughout the Nation's scientific community, industry, and commerce.

(c) The provision of standard reference materials for sale to the public is assigned to the Office of Standard Reference Materials of the NBS Institute for Materials Research. It evaluates the requirements of science and industry for carefully characterized reference materials, stimulates the Bureau's efforts to develop methods for production of needed reference materials and directs their production and distribution. For information on standard reference materials see Subchapter B, Chapter II, of this Title 15.

(d) The provision of technical services to facilitate technical innovation and industrial use of the results of modern science and technology is assigned to the NBS Institute for Applied Technology. The principal elements of the Institute are (1) a Center for Computer Sciences and Technology which conducts research and provides technical services designed to improve cost effectiveness in the conduct of agency programs through the use of computers and related techniques; (2) technical divisions which provide services in technology of more general applicability; and (3) the Clearinghouse for Federal Scientific and Technical Information which promotes widest effective use by the scientific community, industry, and commerce of current information in all fields of industrial technology.

§ 200.101 Measurement research.

(a) The NBS Institute for Basic Standards carries out the Bureau's func

« AnteriorContinuar »