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organizations and not a report of the primary organization showing only the investment of the primary in the secondary organizations. Provide a list of all organizations included in such consolidations.

(3) “Associated” foreign organization: The ownership of at least 10 percent but less than 25 percent of the voting securities of a corporation, or an equivalent interest in an unincorporated foreign organization, held directly by the reporter and its United States affiliates, shall constitute association with that organization for the purposes of these reports. Note that separate reports are required for each “associated foreign organization.” (When the ownership of the foreign organization is 25 percent or more, either entirely by the reporter or in conjunction with affiliates, the foreign organization must be reported on Form BE-577.)

(b) Terms relating to the reporting of foregoing direct investment in the United States. (1) "Branch" shall mean an unincorporated business enterprise subject to the jurisdiction of the United States controlled by a foreign person or organization, including all assets or liabilities connected with the operations of such a branch.

(2) "Reporter" shall mean the business enterprise for which a report is required. If the enterprise is in the nature of a leasehold or real property not identifiable by name, the report may be filed on behalf of the reporter by an agent or representative of the foreign beneficial owner or by such owner. S 803.7 Estimates.

Every question on the reporting forms which a reporter is required to use in rendering his report must be answered. If the information is not available as specified in the form, a reasonable estimate should be entered, labeled as such. If there is no basis for such an estimate, state, “unknown" with an appropriate explanation. However, if and when the information becomes available, a supplementary report must be filed promptly with a full explanation.

§ 803.8 Space not needed.

Space not needed or inapplicable for supplying requested information should be left entirely blank. When there is nothing to report under any question state “no” or “none." & 803.9 Special filing procedures.

When data specified on the reporting forms are not available to the reporter, or when consolidation beyond that specifically provided for above would reduce reporting burden without loss of significant information, the reporter may apply to the Balance of Payments Division of the Office of Business Economics, United States Department of Commerce, for consideration of the specific problem. $ 803.10

Number of reports. Only the original report should be filed. § 803.11 Time and place of filing re

ports. Reports on Forms BE-577, BE-578, BE-35, BE-578B, BE-605, BE-606 and BE-606B shall be filed on a quarterly basis within 30 days of the close of the calendar or fiscal period used by the reporter except for the final quarter of the calendar or fiscal year when reports may be filed within 45 days. Reports on Form BE-577S, BE-577A, BE-5781, BE-6061 and BE-93 shall be filed on an annual basis within 90 days of the close of the calendar or fiscal year. Reports should be sent to the Department of Commerce, Office of Business Economics, BE-50, Washington 25, D.C. If additional time is needed to prepare the reports, a request for an extension of time should be addressed to the above office. $ 803.12 Information regarding prepa

ration of reports. Anyone desiring information concerning these reports, or copies of forms, may apply directly to the United States Department of Commerce, Office of Business Economics, BE-50, Washington 25, D.C. Each reporting form contains the specific instructions needed for com. pletion



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Sec. 903.1 Scope and purpose. 903.2 Policies. 903.3 Definitions. 903.4 Publication in the FEDERAL REGISTER. 903.5 Availabllity of materials for Inspec

tion and copying. 903.6 Requests for identifiable records. 903.7 Determination of availability of

records. 903.8 Fees and charges. 903.9 Arrangements for public inspection

and copying of available records. 903.10 Requests for reconsideration of non

availability. 903.11 Subpoena or other compulsory proc

ess, AUTHORITY: The provisions of this Part 903 issued under 5 U.S.C. 552, 553; Reorg. Plan No. 2 of 1965, 15 U.S.C. 311 nt; 32 F.R. 9734, 31 F.R. 10752.

SOURCE: The provisions of this part 903 appear at 32 F.R. 13184, Sept. 16, 1967; 35 F.R. 19249, Dec. 19, 1970, unless otherwise noted.

8 903.1 Scope and purpose.

This part establishes the rules whereby the materials specified in 5 U.S.C. 552(a) (2), and the identifiable records of the following organizations of the National Oceanic and Atmospheric Administration (NOAA) requested under 5 U.S.C. 552(a) (3) are to be made publicly available:

(a) The Office of the Administrator and the Office of the Federal Coordinator for Meteorological Services and Supporting Research.

(b) The general and special staff offices of the Administration.

(c) The National Weather Service.
(d) The National Ocean Survey.
(e) The Environmental Data Service.

(f) The National Environmental Satellite Center.

(g) The Institutes for Environmental Research.



$ 903.2 Policies.

Policies and other factors considered in issuing the rules in this part are set forth in Department of Commerce Order 64 (32 F.R. 9734) and Part 4 of this title. $ 903.3 Definitions.

(a) To the extent that terms used in this part are defined in 5 U.S.C. 551, they shall have the same definition herein.

(b) The organizational units defined in the terms “Office of the Administrator," "Federal Coordinator for Meteorological Services and Supporting Research" "general staff offices," and "special staff offices,” are identified in Department Order 2B (31 F.R. 10700). $ 903.4 Publication in the Federal Reg.

ister. (a) Those materials which are required to be published in the FEDERAL REGISTER pursuant to the provisions of of 5 U.S.C. 552(a) (1) have been and will continue to be published in the FEDERAL REGISTER in the form of or included in:

(1) Department Orders of the Department of Commerce, including any supplements and appendices thereto, Secretary of Commerce Circulars, and Department Administrative Orders.

(2) NOAA rules and regulations set forth in this part.

(3) Notices or otherwise in the FEDERAL REGISTER.

(4) Other publications, when incorporated by reference in the FEDERAL REGISTER with the approval of the Director of the Federal Register.

(b) Those materials which are published in the FEDERAL REGISTER pursuant to 5 U.S.C. 552(a) (1) will, to the extent practicable and to further assist the public, be made available for inspection and copying at the facility identified in $ 903.5(c). $ 903.5 Availability of materials for in

spection and copying. (a) The Assistant Administrator for Administration and Technical Services will, as provided in 5 U.S.C. 552(a) (2) and subject to other provisions of law, establish and maintain an NOAA Public 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) Statements of policy and interpretations adopted by NOAA and not published in the FEDERAL REGISTER;

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

(4) A current index providing identifying information for the public as to any matter issued, adopted, or promul. gated after July 4, 1967, and required to be made available or published by 5 U.S.C. 552(a) (2);

(5) Such additional materials as the NOAA Public Reference Facility may consider desirable and practicable to make available for the convenience of the public.

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

(c) The above materials may be inspected in the NOAA Public Reference Facility, Room 424, Building 5, 6010 Executive Boulevard, Rockville, Md. Mail to this facility should be addressed as follows: Administrative Controls Branch (AD14), National Oceanic and Atmospheric Administration, Rockville, Md. 20852. The telephone number for this facility is Area Code 301, 496–8595. 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. Photo copies of these materials can be provided on demand at the prices established in § 903.8. In addition, printed copies of various administrative publications may be purchased from the facility, at the price established in § 903.8. $ 903.6 Requests for identifiable rec.

ords. (a) The procedures of this section are applicable only to the records of the organizations listed in § 903.1 and only to those records not customarily available to the public as part of the regular information activities of NOAA. A person desiring to inspect or copy a record or obtain other information about or from responsible for providing such informaone of the organizations listed in g 903.1 should contact the appropriate office responsible for providing such informa

tion to the public. Such information ofices are listed in one or more of the following: (1) The “public information appendices" to the relevant Department orders, which are published in the FEDERAL REGISTER, (2) various guides and handbooks issued by the Department and Its operating units, (3) the U.S. Government Organization Manual, and (4) the Department of Commerce Telephone Directory. The latter two publications are for sale by the Superintendent of Documents, Washington, D.C. 20402.

(b) If the appropriate information office is not known, the public should direct its inquiries to the NOAA Public Reference Facility identified in $ 903.5(c). This facility will route the request, if it appears to be for information regularly available, to the appropriate information office; if the request is for other types of information, the facility will advise the inquirer as to how to proceed.

(c) A person who wishes to inspect a record not part of the regular information activities of NOAA should complete Form CD-244, “Application To Inspect Records”, and submit this form, in per-son or by mail, to the NOAA Public Reference Facility. Copies of Form CD–244 are available from this facility and from many of the information offices of NOAA.

(d) 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.

(e) 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 Aling 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 avail. ability separately determined.

(f) 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 will be processed by the facility as described in g 903.7, to determine if it is an identifiable and disclosable record. If the application is incomplete in some substantial and mate

rial respect, it will be promptly returned to the applicant to complete. & 903.7 Determination of availability

of records. (a) Upon finding that the application is otherwise in order, the NOAA Public Reference Lüvility will determine:

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

(2) Whether the record, if identifiable, is still in existence and in the possession of ESSA. If the record no longer exists, the applicant will be so notified. If the record is not in NOAA's possession and its existence is not otherwise reasonably ascertainable, the applicant will be so notified. 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 will be promptly referred to that other organization or agency for further action under its rules, and the applicant will be promptly informed of this referral.

(b) If the requested record is identifiable and subject to NOAA's determination as to availability, the application will be reviewed by an official authorized, pursuant to Department Order 64, to initially determine availability.

(C) If the authorized oficial determines that the record is not to be made available, he shall so notify the applicant in writing stating the reason(s) why the record is not being made available.

(d) If the authorized official determines that the record is to be made available, he shall so notify the applicant specifying the estimated costs to be recovered in accordance with $ 903.8. Upon payment of such estimated costs, subject to adjustment as provided in $ 903.8, the record will be made available to the applicant at the NOAA Public Reference Facility or transmitted to him by it. $ 903.8 Fees and charges.

(a) Fees and charges are hereby established to recover costs for application handling, record searching, reproduction, certification, and authentication, and for related expenses incurred by NOAA.

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