those included in budget justification material) which, even though finalized, would be harmful to public or private interests, if made available in advance of the effective date; and working papers of the agency attorney and documents which come within the attorney-client privilege.

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For purposes of this exemption, the term "privacy" includes privacy in business affairs as well as in medical and family affairs. Included, but not by way of limitation, are the following:

(1) Private, personal, financial or business information contained in any personnel or medical file or in any other files which, if disclosed to the public, would invade the privacy of any person including any member of the family of the person to whom the information pertains. Examples of such information are statements of financial interests, evaluations of employee work performance, fitness reports on military personnel, disciplinary files, security files, medical files on employees, and official personnel folders.

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency. Included, but not by way of limitation, are the following:

(1) Civil Service investigation files or reports.

(2) Civil Rights investigation files or reports.

(3) Employee disciplinary investigation files or reports.

(4) Audit investigation files or reports. (5) FBI investigation files and reports. (6) Investigatory information relating to the enforcement of criminal statutes and labor, immigration, and securities laws of concern to NASA.

(7) Litigation files compiled by the Government and files prepared for adjudicative proceedings.

(h) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of or for use of, any agency responsible for the regulation or supervision of financial institutions.

(i) Geological and geophysical information and data, including maps, concerning wells. This exemption makes clear that geological maps based on exploration by private companies shall not

be released to the public, even though they probably are not covered by the trade secrets exemption.

§ 1206.301

Release of exempt records.

Information or a record which is exempt from disclosure under this Subpart 3 of this part may be released in accordance with procedures set forth in § 1206.607.

§ 1206.302 Limitation of exemptions.

(a) Nothing in this part 1206 authorizes the withholding of information or other agency records, or limiting their availability, to members of the public except as specifically stated in this Part 1206.

(b) Nothing in this Part 1206 shall be construed as authority to withhold information or other agency records from Congress.

Subpart 4-Locations for Inspection of Information and Other Records § 1206.400 Information centers.

NASA will maintain Information Centers as set forth in this subpart.

§ 1206.401 Location of information cen⚫

ters.

(a) NASA will maintain a Headquarters Information Center at the following location:

National Aeronautics and Space Administration, Headquarters Administration Office (Code DH), Washington, D.C. 20546.

(b) NASA will also maintain a Field Information Center at each of the following locations:

(1) NASA Ames Research Center, Moffett Field, Calif. 94035.

(2) NASA Electronics Research Center, 575 Technology Square, Cambridge, Mass. 02139. (3) NASA Flight Research Center, Post Office Box 273, Edwards, Calif. 93523.

(4) Goddard Institute for Space Studies, 2880 Broadway, New York, N.Y. 10025.

(5) NASA Goddard Space Flight Center, Greenbelt, Md. 20771.

(6) NASA John F. Kennedy Space Center, Kennedy Space Center, Fla. 32899.

(7) NASA Langley Research Center, Langley Station, Hampton, Va. 23365.

(8) NASA Lewis Research Center, 21000 Brookpark Road, Cleveland, Ohio 44135.

(9) NASA Manned Spacecraft Center, Houston, Tex. 77058.

(10) NASA George C. Marshall Space Flight Center, Huntsville, Ala. 35812.

(11) NASA Michoud Assembly Facility, Post Office Box 29300, New Orleans, La. 70126. (12) NASA Mississippi Test Facility, Bay St. Louis, Miss. 39520.

(18) NASA Pasadena Office (JPL), 4800 Oak Grove Drive, Pasadena, Calif. 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 inspection 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

50-031-71-40

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 installations.

(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

(a) In order to facilitate filing requests by mail, the requestor should:

(1) Submit two copies of a request. (2) Identify the record adequately (name or brief description, number, and date when applicable). The identification should be specific enough that a record can be identified and found.

(3) For information or records for which there is a fee (see § 1206.605) include a check or money order payable in the exact amount to "Treasurer of the United States." Cash or stamps will not be accepted. If the amount of the fee cannot be determined by the requestor, he should request that NASA determine the fee.

(4) Include his name and complete mailing address.

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

(a) Information or records requested must be readily identifiable. Thus a member of the public who requests information or a record must provide a reasonably specific description of the particular document sought which will enable it to be identified and located. Blanket requests in indefinite, all-inclusive terms such as "the entire file" or "all matters relating to" will not be honored.

(b) No obligation is undertaken by NASA to compile or create information or records not already in existence at the time of the request.

veyed to the proper place, copied and mailed, or otherwise made available. Normally, requests will be fulfilled, or denied subject to appeal under Subpart 8 of this part, within 30 days or less. § 1206.604 Records in use.

Information or records in current use by an employee in carrying out the activities of NASA will not be immediately available for inspection and copying or purchase until such time as they are no longer required for the activity.

§ 1206.605 Payment of fee.

Except to the extent that information or a record requested is normally furnished by NASA to interested parties free of charge, each request for production of information or a record, whether made by mail or in person, must be accompanied by payment of a preestablished fee, as set forth in § 1206.700, which will cover the cost of processing the request, including searching charges where applicable. NASA will not simply produce for examination all documents requested by a member of the public under this part, free of charge, and then charge him only for the copies he decides to buy, except where such documents are kept available for inspection as required under § 1206.402. The prescribed fee must be paid in full prior to release of the information or record or copy thereof.

§ 1206.606 Copies.

The furnishing of a single copy of the requested information or record will constitute compliance with this part. Additional copies may be furnished upon request, but this is not required under this part.

§ 1206.607 Release of exempt records.

Where information or a record which has been requested is exempt from disclosure under Subpart 3 of this part, the request will be referred to the Assistant Administrator for Public Affairs for a determination whether the information or record should nevertheless be made available on the ground that no public interest purpose would be served by withholding the information or record. § 1206.608 Denial of record.

A request for information or a record is not to be considered finally denied

Requests from litigants pertaining to private litigation (per page)-Requests pertaining to cases in which the United States is a party and where court rules provide for reproduction of records without cost to the Government (per page) Requests for information from investigative reports; e.g., automobile accident reports, safety reports, etc.-minimum charge $2.50 (per page).

.19

.17

Lunar Orbiter No. 3 (per reel). Lunar Orbiter No. 4 (per reel). Lunar Orbiter No. 5 (per reel).

-1111

(f) Other information. Charges for information and/or services not specifically listed above will be in an amount equal to the cost of providing that information and/or services. Current prices may be obtained from the NASA Information Center (see § 1206.401) to which the request for information will be made. [33 F.R. 6242, Apr. 24, 1968]

Subpart 8-Administrative Appeal § 1206.800 Appeal from withholding of information or a record.

There is provided in this subpart an appeal from the initial decision to withhold information or other record. No

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 Information or Records to the Public

§ 1206.900 Failure to release information or records to the public.

(a) With respect to the types of information required to be made available under § 1206.200(b), no 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 shall 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 officers 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 Affairs (and his designees).

(2) The Associate Administrators (and their deputies), the General Counsel (and his deputy), and the Assistant Administrators (and their deputies)