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39404 Federal Register / Vol. 64, No. 140 / Thursday,…
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Created: Wed Jul 28 16:40:56 1999
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39404 Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations
§ 71.1 [Amended] Internet; an increase in the schedule of Subpart 4--Location for Inspection and
2. The incorporation by reference in fees and to address and explain how Request of Agency Records
14 CFR 71.1 of the Federal Aviation records of NASA will be reviewed and 1206.400 Information Centers.
Administration Order 7400.0F, Airspace released when the records are 1206.401 Location of NASA Information
Designations and Reporting Points, maintained in electronic format. Centers.
dated September 10, 1998, and effective 1206.402 Documents available for
However, documentation not previously
inspection at NASA Information Centers.
September 16, 1998, is amended as subject to the FOIA when maintained in 1206.403 Duty hours.
follows: nonelectronic format is not made
subject to FOIA by this new Subpart 5--Responsibilities
Paragraph 5000 Class D airspace areas.
amendment. It has been determined that 1206.500 Associate Deputy Administrator.
* * * * * 1206.501 General Counsel.
this addition is not a significant
ASW TX D Dallas NAS Dallas, TX regulatory action and it will not: 1206.502 Centers and Components.
[Removed] 1206.503 NASA Headquarters.
(1) Have an annual effect on the 1206.504 Inspector General.
* * * * * economy of $100 million or more or 1206.505 Delegation of authority.
Issued in Fort Worth, TX on July 12, 1999. adversely affect in a material way the
Robert N. Stevens, Subpart 6--Procedures
economy; a section of the economy;
Acting Manager, Air Traffic Division, 1206.600 Requests for records.
productivity; competition; jobs; the 1206.601 Mail, fax and e-mail requests.
Southwest Region. environment; public health or safety; or 1206.602 Requests in person.
[FR Doc. 9918573 Filed 72199; 8:45 am] State, local or tribal governments or 1206.603 Procedures and time limits for
BILLING CODE 491013M communities; initial determinations.
(2) Create a serious inconsistency or 1206.604 Request for records that exist
elsewhere.
otherwise interfere with an action taken 1206.605 Appeals.
NATIONAL AERONAUTICS AND or planned by another agency;
SPACE ADMINISTRATION 1206.606 Requests for additional records.
(3) Materially alter the budgetary 1206.607 Actions on appeals.
impact of entitlements, grants, user fees, 1206.608 Time extensions in unusual
14 CFR Part 1206
or loan programs, or the rights and circumstances.
RIN 2700AC36 1206.609 Litigation.
obligations of recipients thereof; 1206.610 Notice to submitters of
Availability of Agency Records to (4) Have a significant economic commercial information.
Members of the Public impact on a substantial number of small Subpart 7--Search, Review, and Duplication
entities; or Fees
AGENCY: National Aeronautics and
Space Administration (NASA). (5) Impose any reporting or record 1206.700 Schedule of fees.
ACTION: Final rule
keeping requirements under the 1206.701 Categories of requesters.
Paperwork Reduction Act of 1995 (44 1206.702 Waiver or reduction of fees.
SUMMARY: This action amends 14 CFR U.S.C. Chapter 35). 1206.703 Aggregation of requests.
Part 1206, ``Availability of Agency 1206.704 Advance payments.
For the reasons set forth in the 1206.705 Form of payment.
Records to Members of the Public,'' by preamble, NASA amends 14 CFR 1206.706 Nonpayment of fees.
making administrative changes to chapter V by revising part 1206 to read
conform with requirements made by the Subpart 8--Failure to Release Records to
as follows: the Public
Electronic Freedom of Information Act
of 1996 as amended. PART 1206--AVAILABILITY OF 1206.800 Failure to release records to the
EFFECTIVE DATE: July 22, 1999. AGENCY RECORDS TO MEMBERS OF public.
ADDRESSES: Freedom of Information Act THE PUBLIC Subpart 9--Annual Report
Officer, Code PO, NASA Headquarters, 1206.900 Requirements for annual report.
Sec.
Washington, DC 20546. Authority: 5 U.S.C. 552, 552a; 42 U.S.C.
FOR FURTHER INFORMATION CONTACT: Subpart 1-- Basic Policy 2473.
Patricia M. Riep-Dice, 202/3581764, or 1206.100 Scope of part.
Sharon Smith, 202/3582465. 1206.101 Definitions.
Subpart 1--Basic Policy
SUPPLEMENTARY INFORMATION: The 1206.102 General policy. § 1206.100 Scope of Part.
National Aeronautics and Space This Part 1206 establishes the
Subpart 2--Records Available
Administration last published a Final policies, responsibilities, and
Rule to revise its Freedom of 1206.200 Types of records to be made
available. procedures for the release of Agency
Information Act (FOIA) regulations on records which are under the jurisdiction
October 29, 1987, 52 FR 4140641416, 1206.201 Records which have been
published. of the National Aeronautics and Space
Title 14 CFR Chapter V, Part 1206. This Administration, hereinafter NASA, to
1206.202 Deletion of segregable portions of
new amendment to NASA's regulation members of the public. This part applies
a record.
implementing the FOIA is required by to information and Agency records
1206.203 Creation of records.
the EFOIA of 1996 as amended by Pub. 1206.204 Records of interest to other located at NASA Headquarters, at NASA
L. 104231. The amendments made agencies. Centers, and at NASA Component, as
include changing the processing time 1206.205 Incorporation by reference. defined in Part 1201 of this chapter.
from 10 working days to 20 working 1206.206 Availability for copying.
days; to include electronic searches as 1206.207 Copies. § 1206.101 Definitions.
well as manual searches; the addition of 1206.208 Release of exempt records. For the purposes of this part, the
FOIA e-mail addresses for all of the following definitions shall apply:
NASA FOIA Offices; the establishment Subpart 3--Exemptions (a) The term Agency records or
of an electronic FOIA reading room on 1206.300 Exemptions. records means any information that
all of NASA's FOIA Homepages on the 1206.301 Limitation of exemptions. would be an Agency record subject to
Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations 39405
the requirements of the Freedom of which are demanded in a single request; Search should be distinguished,
Information Act (FOIA) when or however, from review of material in
maintained by NASA in any format, (3) The need for consultation, which order to determine whether the material
including an electronic format. Such shall be conducted with all practicable is exempt from disclosure (see
information includes all books, papers, speed, with another agency having a paragraph (k) of this section).
maps, photographs, or other substantial interest in the determination (j) The term duplication means the
documentary materials made or of the request or among two or more process of making a copy of a document
received by NASA in pursuance of components of NASA having substantial in order to respond to a FOIA request.
Federal law or in connection with the subject-matter interest therein. Such copies can take the form of paper
transaction of public business and (g) A statute specifically providing for copy, electronic forms, microfilm,
preserved by NASA as evidence of the setting the level of fees for particular audio-visual materials, or machine-
organization, functions, policies, types of records (5 U.S.C. readable documentation (e.g., magnetic
decisions, procedures, operations, or 552(a)(4)(A)(vi)) means any statute that tape on disk), among others.
other activities or because of the specifically requires a government (k) The term review means the process
informational value of data contained agency to set the level of fees for of examining documents located in
therein. It does not include tangible particular types of records in order to: response to a request (see paragraph (l)
objects or articles, such as structures, (1) Serve both the general public and of this section) to determine whether
furniture, paintings, sculptures, private sector organizations by any portion of any document located is
exhibits, models, vehicles or equipment; conveniently making available permitted to be withheld. It also
library or museum material made or government information; includes processing any documents for
(2) Ensure that both groups and disclosure, e.g., doing all that is
acquired and preserved solely for
individuals pay the cost of publications necessary to excise them and otherwise
reference or exhibition purposes; or
and other services that are for their prepare them for release. Review does
records of another agency, a copy of
special use so that these costs are not not include time spent resolving general
which may be in NASA's possession.
borne by the general taxpaying public; legal or policy issues regarding the
(b) The term initial determination (3) Operate, to the maximum extent
means a decision by a NASA official, in application of exemptions.
possible an information dissemination (l) The term commercial use request
response to a request by a member of the activity on a self-sustaining basis (to the means a request from or on behalf of one
public for an Agency record, on whether maximum extent possible); or whom seeks information for a use or
the record described in the request can (4) Return revenue to the Treasury for purpose that furthers the commercial,
be identified and located after a defraying, wholly or in part, trade, or profit interests of either the
reasonable search and, if so, whether the appropriated funds used to pay the cost requester or the person on whose behalf
record (or portions thereof) will be made of disseminating government the request is made. In determining
available under this part or will be information. whether a requester properly belongs in
withheld from disclosure under Subpart (h) The term direct costs means those this category, NASA will look first to
3 of this part. expenditures that NASA actually incurs the use to which a requester will put the
(c) The term appeal means a request in searching for, duplicating, and documents requested. When NASA has
by a member of the public, hereinafter downloading computer files and reasonable cause to doubt the use to
requester, to the Administrator or documents in response to a FOIA which a requester will put the records
designee, or, in the case of records as request. Direct costs include, for sought or when the use is not clear from
specified in § 1206.504, to the Inspector example, the salary of the employee the request itself, NASA will ask the
General or designee for reversal of any who would ordinarily perform the work requester to further clarify the
adverse initial determination the (the basic rate of pay for the employee immediate use for the requested records.
requester has received in response to a plus 16 percent of that rate to cover A request from a corporation (not a news
request for an Agency record. benefits) and the cost of operating media corporation) may be presumed to
(d) The term final determination duplicating machinery. Direct costs do be for commercial use unless the
means a decision by the Administrator not include overhead expenses such as requester demonstrates that it qualifies
or designee, or, in the case of records as costs of space, heating, or lighting in the for a different fee category.
specified in § 1206.504, by the Inspector records storage facility. (m) The term educational institution
General or designee on an appeal. (i) The term search includes all time refers to a preschool, a public or private
(e) The term working days means all spent looking for material that is elementary or secondary school, an
days except Saturdays, Sundays, and responsive to a request, including page- institution of graduate higher education,
Federal holidays. by-page or line-by-line identification of an institution of undergraduate higher
(f) As used in § 1206.608, the term material within documents. A search for education, an institution of professional
unusual circumstance means, but only Agency records that are responsive to education, and an institution of
to the extent reasonably necessary to the the request may be accomplished by vocational education, operating a
proper processing of a particular request manual or automated means. NASA will program or programs of scholarly
for Agency records-- make reasonable efforts to search for research.
(1) The need to search for and collect records in electronic form or format, (n) The term noncommercial scientific
the requested records from NASA except when such efforts would institution refers to an institution that is
Centers or other establishments that are significantly interfere with the operation not operated on a commercial basis as
separate from the NASA Information of NASA's automated information that term is referenced in paragraph (l)
Center processing the request (see systems. NASA will ensure that of this section, and which is operated
Subpart 6 of this part for procedures for searching for material is done in the solely for the purpose of conducting
processing a request for Agency most efficient, least expensive manner scientific research, the results of which
records); so as to minimize costs for both the are not intended to promote any
(2) The need to search for, collect, and Agency and the requester and will only particular product or industry.
appropriately examine a voluminous utilize line-by-line, page-by-page search (o) The term representative of the
amount of separate and distinct records when consistent with this policy. news media means any person actively
39406 Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations
gathering news for an entity that (s) The term electronic reading room and copies offered for sale, NASA shall
publishes, broadcasts, or makes news means a World Wide Web site from make available the following records for
available to the public. The term news which members of the public can access public inspection and copying or
means information about events that information regarding activities, purchase:
would be of interest to the public. missions, organizations, publications, or (i) All final opinions (including
Examples of news media include, but other material related to NASA's concurring and dissenting opinions) and
are not limited to, television or radio congressional mandate. all orders made in the adjudication of
stations broadcasting to the public at cases;
large, publishers of periodicals who § 1206.102 General policy. (ii) Those statements of NASA policy
make their products available for (a) In accordance with section and interpretations which have been
purchase or subscription by the general 203(a)(3) of the National Aeronautics adopted by NASA and are not published
public (but only in those instances and Space Act of 1958 (42 U.S.C. in the Federal Register;
when they can qualify as disseminators 2473(a)(3)), it has been and continues to (iii) Administrative staff manuals (or
of news), and entities that disseminate be NASA policy to provide for the similar issuances) and instructions to
news to the general public through ``widest practicable and appropriate staff that affect a member of the public;
telephone, computer or other dissemination of information (iv) Copies of all records, regardless of
telecommunications methods. concerning its activities and the results form or format, which have been
Moreover, as traditional methods of thereof.'' released to any person under subpart 6
news delivery evolve (e.g., electronic (b) In compliance with the Freedom of herein and which, because of the nature
dissemination of newspapers through Information Act, as amended (5 U.S.C. of their subject matter, the Agency
telecommunications services), such 552), a positive and continuing determines have become or are likely to
alternative media would be included in obligation exists for NASA to make become the subject of subsequent
this category. In the case of freelance available to the fullest extent practicable requests for substantially the same
journalists, they may be regarded as upon request by members of the public records.
working for a news organization if they all Agency records under its (v) A general index of records referred
can demonstrate a solid basis for jurisdiction, as described in Subpart 2 of to under paragraph (b)(1)(iv) of this
expecting publication through that this part, except to the extent that they section.
may be exempt from disclosure under (2) (i) For records created after
organization, even though not actually
Subpart 3 of this part. November 1, 1997, which are covered
employed by it. A publication contract
by paragraph (b)(l)(i) through (b)(l)(v) of
would be the clearest proof, but NASA
Subpart 2--Records Available this section, such records shall be
may also look to the past publication
available electronically, through an
record of a requester in making this § 1206.200 Types of records to be made electronic reading room and in
determination. available.
electronic forms or formats.
(p) The term commercial information (a) Records required to be published (ii) In connection with all records
means, for the purpose of applying the in the Federal Register. The following required to be made available or
notice requirements of § 1206.610, records are required to be published in published under this paragraph (b),
information provided by a submitter the Federal Register, for codification in identifying details shall be deleted to
and in the possession of NASA, that Title 14, Chapter V, of the CFR. the extent required to prevent a clearly
may arguably be exempt from disclosure (1) Description of NASA Headquarters unwarranted invasion of personal
under the provisions of Exemption 4 of and NASA Centers and the established privacy. However, in each case the
the FOIA (5 U.S.C. 552(b)(4)). The places at which, the employees from justification for the deletion shall be
meaning ascribed to this term for the whom, and the methods whereby, the explained fully in writing. The extent of
purpose of this notice requirement is public may secure information, make such deletion shall be indicated on the
separate and should not be confused submittals or requests, or obtain portion of the record which is made
with use of this or similar terms in decisions; available or published, unless including
determining whether information (2) Statements of the general course that indication would harm an interest
satisfies one of the elements of and method by which NASA's functions protected by an exemption in Subpart 3.
Exemption 4. are channeled and determined, If technically feasible, the extent of the
(q) The term submitter means a person including the nature and requirements deletion shall be indicated at the place
or entity that is the source of of all formal and informal procedures in the record where the deletion is
commercial information in the available; made.
possession of NASA. The term (3) Rules of procedure, descriptions of (c) Other Agency records.
submitter includes, but is not limited to, forms available or the places at which (1) In addition to the records made
corporations, state governments, and forms may be obtained, and instructions available or published under paragraphs
foreign governments. It does not include regarding the scope and contents of all (a) and (b) of this section, NASA shall,
other Federal Government agencies or papers, reports, or examinations; upon request for other records made in
departments. (4) Substantive rules of general accordance with this part, make such
(r) The term compelling need means: applicability adopted as authorized by records promptly available to any
(1) That a failure to obtain requested law, and statements of general policy or person, unless they are exempt from
records on an expedited basis could interpretations of general applicability disclosure under Subpart 3 of this part,
reasonably be expected to pose an formulated and adopted by NASA; or unless they may be purchased from
imminent threat to the life or physical (5) Each amendment, revision, or other readily available sources, as
safety of an individual; or repeal of the foregoing. provided in § 1206.201.
(2) With respect to a request made by (b) Agency opinions, orders, (2) Furthermore, at a minimum,
a person primarily engaged in statements, and manuals. NASA will maintain in its electronic
disseminating information, urgency to (1) Unless they are exempt from reading room records created after
inform the public concerning actual or disclosure under Subpart 3 of this part, November 1, 1997, under paragraphs
alleged Federal government activity. or unless they are promptly published (b)(1)(iv) and (v) and a guide for
Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations 39407
requesting records or information from § 1206.203 Creation of records. such actions would not be inconsistent
NASA. Such guide shall include all Records will not be created by with a purpose of the exemption (see
NASA major information systems, a compiling selected items from the files § 1206.208).
description of major information and at the request of a member of the public, (b) The requirements of this part to
record locator systems, and a handbook nor will records be created to provide make Agency records available do not
for obtaining various types and the requester with such data as ratios, apply to matters that are--
categories of NASA public information proportions, percentages, frequency (1)(i) Specifically authorized under
through the FOIA. distributions, trends, correlations, or criteria established by an Executive
comparisons. Order to be kept secret in the interest of
§ 1206.201 Records which have been national defense or foreign policy and
published. § 1206.204 Records of interest to other (ii) Are in fact properly classified
agencies. pursuant to such Executive Order;
Publication in the Federal Register is
a means of making certain Agency If a NASA record is requested and (2) Related solely to the internal
records are available to the public. another agency has a substantial interest personnel rules and practices of NASA;
NASA has a FOIA Electronic Reading in the record, such an agency shall be (3) Specifically exempted from
Room at NASA Headquarters and each consulted on whether the record shall disclosure by statute (other than 5
of its Centers. Also, the Commerce be made available under this part (see U.S.C. 552), provided that such statute:
Business Daily, Synopsis of U.S. § 1206.101(f)(3)). If a record is requested (i) Requires that the matters be
Government Proposed Procurement, that is a record of another agency, the withheld from the public in such a
Sales and Contract Awards (Department request shall be returned to the manner as to leave no discretion on the
of Commerce) is a source of information requester, as provided in § 1206.604(c) issue, or
concerning Agency records or actions. unless NASA has possession and (ii) Establishes particular criteria for
Various other NASA publications and control of the record requested. withholding or refers to particular types
documents, and indexes thereto, are of matters to be withheld;
§ 1206.205 Incorporation by reference. (4) Trade secrets and commercial or
available from other sources, such as the Records reasonably available to the financial information obtained from a
U.S. Superintendent of Documents, the members of the public affected thereby, person which is privileged or
National Technical Information Service shall be deemed published in the confidential;
(Department of Commerce), and the Federal Register when incorporated by (5) Interagency or intra-agency
Earth Resources Observation Systems reference in material published in the memoranda or letters which would not
Data Center (Department of the Interior). Federal Register (pursuant to the be available by law to a party other than
Such publications and documents are Federal Register regulation on an agency in litigation with NASA;
not required to be made available or incorporation by reference, 1 CFR Part (6) Personnel and medical files and
reproduced in response to a request 51). similar files the disclosure of which
unless they cannot be purchased readily
would constitute a clearly unwarranted
from available sources. If a publication § 1206.206 Availability for copying.
invasion of personal privacy;
or document is readily available from a Except as provided in § 1206.201, the (7) Records or information compiled
source other than NASA, the requester availability of a record for inspection for law enforcement purposes, but only
shall be informed of the procedures to shall include the opportunity to extract to the extent that the production of such
follow to obtain the publication or information therefrom or to purchase law enforcement records or
document. copies. information--
§ 1206.202 Deletion of segregable portions § 1206.207 Copies. (i) Could reasonably be expected to
of a record. The furnishing of a single copy of the interfere with enforcement proceedings,
(A) Whenever a request is made
If a record requested by a member of requested record will constitute
which involves access to these records
the public contains both information compliance with this part.
and--
required to be made available and that § 1206.208 Release of exempt records. (1) The investigation or proceeding
which is exempt from disclosure under involves a possible violation of criminal
If a record which has been requested
Subpart 3 of this part, and the portion law; and
is exempt from disclosure under
of the records that is required to be (2) There is reason to believe that the
Subpart 3 of this part, the record may
made available is reasonably segregable subject of the investigation or
nevertheless be made available under
from the portion that is exempt, the proceeding is not aware of its pendency,
the procedures of Subpart 6 of this part
portion that is exempt from disclosure and disclosure of the existence of the
if it is determined by an official
shall be deleted and the balance of the records could reasonably be expected to
authorized to make either an initial
record shall be made available to the interfere with enforcement proceedings,
determination or a final determination
requester. If the nonexempt portion of the Agency may, during only such time
that such action would not be
the record appears to be unintelligible as that circumstance continues, treat the
inconsistent with a purpose of the
or uninformative, the requester shall be records as not subject to the
exemptions set forth in Subpart 3 of this
informed of that fact, and such requirements of 5 U.S.C. 552.
part.
nonexempt portion shall not be sent to (B) [Reserved]
the requester unless thereafter Subpart 3--Exemptions (ii) Would deprive a person of a right
specifically requested. If technically to a fair trial or an impartial
feasible, the amount of information § 1206.300 Exemptions. adjudication,
deleted shall be indicated on the (a) Under 5 U.S.C. 552(b) Agency (iii) Could reasonably be expected to
released portion of the record, unless records falling within the exemptions of constitute an unwarranted invasion of
including that indication would harm paragraph (b) of this section are not personal privacy,
an interest protected by the exemption required to be made available under this (iv) Could reasonably be expected to
in Subpart 3 under which the deletion part. Such records may nevertheless be disclose the identity of a confidential
is made. made available if it is determined that source, including a State, local, or
39408 Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations
foreign agency or authority or any (2) NASA Information Center, Ames foia@gsfc.nasa.gov; (JSC)
private institution which furnished Research Center (ARC), Moffett Field, foia@ems.jsc.nasa.gov;
information on a confidential basis, and, CA 94035. (KSC)FOIA@ksc.nasa.gov; (LaRC)
in the case of a record or information (3) NASA Information Center, Hugh L. foia@larc.nasa.gov; (MSFC)
compiled by criminal law enforcement Dryden Flight Research Center, (DFRC), foia@msfc.nasa.gov and (SSC)
authority in the course of a criminal Post Office Box 273, Edwards, CA foia@ssc.nasa.gov; and for Inspector
investigation or by an agency 93523. General records, foiaoig@hq.nasa.gov.
conducting a lawful national security (4) NASA Information Center, Glenn
intelligence investigation, information Research Center (GRC), 21000 § 1206.402 Documents available for
inspection at NASA Information Centers.
furnished by a confidential source. Brookpark Road, Cleveland, OH 44135.
Whenever informant records maintained (5) NASA Information Center, (a) Each NASA Information Center
by a criminal law enforcement agency Goddard Space Flight Center (GSFC), will have available for inspection, as a
under an informant's name or personal Greenbelt, MD 20771. minimum, a current version of the
identifier are requested by a third party (6) NASA Information Center, John F. following documents:
according to the informant's name or Kennedy Space Center (KSC), Kennedy (1) 5 U.S.C. 552;
personal identifier, the Agency may Space Center, FL 32899. (2) Title 14 CFR Chapter V, and Title
treat the records as not subject to the (7) NASA Information Center, Langley 41 CFR Chapter 18, and material
requirements of 5 U.S.C. 552 unless the Research Center (LaRC), Langley published in the Federal Register for
informant's status as an informant has Station, Hampton, VA 23665. codification but not yet included in the
been officially confirmed. (8) NASA Information Center, Lyndon Code of Federal Regulations;
(v) Would disclose techniques and B. Johnson Space Center (JSC), 2101 (3) A master list and index of NASA
procedures for law enforcement NASA Road 1, Houston, TX 77058. Issuances, and a copy of all such
investigations or prosecutions, or would (9) NASA Information Center, George
issuances;
disclose guidelines for law enforcement C. Marshall Space Flight Center (MSFC),
Huntsville, AL 35812. (4) A list and index of the
investigations or prosecutions if such management issuances of the NASA
disclosure could reasonably be expected (10) NASA Information Center, John
C. Stennis Space Center (SSC), MS Center at which the Information Center
to risk circumvention of the law, or is located, and a copy of such issuances;
39529.
(vi) Could reasonably be expected to (11) NASA Information Center, NASA (5) NASA's Scientific and Technical
endanger the life or physical safety of Management Office Jet Propulsion AeroSpace Reports and current indexes
any individual. Laboratory (JPL), 4800 Oak Grove Drive, thereto;
(8) Contained in or related to Pasadena, CA 91109. (6) Cumulative Index to Selected
examination, operating, or condition (12) NASA Information Center, Speeches and News Releases issued by
reports prepared by, on behalf of, or for Wallops Flight Facility (WFF), Wallops NASA Headquarters;
the use of an agency responsible for the Island, VA 23337. (7) Index/Digest of Decisions, NASA
regulation or supervision of financial (b) NASA Headquarters and each Board of Contract Appeals;
institutions; or NASA Center also has a FOIA Electronic (8) Decisions of the NASA Contract
(9) Geological and geophysical Reading Room on the Internet. The Adjustment Board and a current index
information and data, including maps, Uniform Resource Locator (URL) thereto;
concerning wells. addresses are as follows: (9) Copies of Environmental Impact
(1) (HQ) http://www.hq.nasa.gov/ Statements filed by NASA under the
§ 1206.301 Limitation of exemptions.
office/pao/FOIA/; National Environmental Policy Act of
(a) This Part 1206 does not authorize (2) (ARC) http://george.arc.nasa.gov/ 1969;
the withholding of information or the dx/FOIA/elec.html;
(10) Collection of all issues of ``NASA
availability of records to the public, (3) (DFRC) http://www.dfrc.nasa.gov/
Activities'';
except as specifically stated in this part. FOIA/readroom.html;
(4) (GRC) http://www.grc.nasa.gov/ (11) List of licenses granted under
(b) Nothing in this part shall be
WWW/FOIA/ReadingRm.htm; NASA-owned patents; and
construed as authority to withhold
information from Congress. (5) (GSFC) http:// (12) A master list and an index of
genesis.gsfc.nasa.gov//foia/read-rm.htm; NASA Policy Directives, Guidelines,
Subpart 4--Location for Inspection (6) (JSC) http://www.jsc.nasa.gov/pao/ and Charters, and a copy of all such
and Request of Agency Records public/foia/edocs.html; Directives, Guidelines, and Charters.
(7) (KSC) http://www- (b) Because the indexes listed in
§ 1206.400 Information Centers. foia.ksc.nasa.gov/foia/ paragraph (a) of this section are
NASA will maintain Information READROOM.HTM; voluminous and because current
Centers as set forth in this subpart. (8) (LaRC) http://foia.larc.nasa.gov/ versions thereof will be available for
readroom.html; inspection at NASA Information
§ 1206.401 Location of NASA Information
(9) (MSFC) http:// Centers, from which copies of the
Centers.
www1.msfc.nasa.gov/FOIA/docs/ indexes may be requested under
(a) NASA will maintain the following docs.html and § 1206.603, it is determined and so
Information Centers, at which Agency (10) (SSC) http://www.ssc.nasa.gov/ ordered that publication of the indexes
records may be inspected, from which foia/reading/ quarterly in the Federal Register would
copies of Agency records may be (c) In addition a requester may submit be unnecessary and impractical.
requested and at which copies of a FOIA request electronically. The
Agency forms may be obtained: addresses are as follows: (HQ) § 1206.403 Duty hours.
(1) NASA Headquarters (HQ) foia@hq.nasa.gov; (ARC) The NASA Information Centers listed
Information Center, National foia@arc.nasa.gov; (DFRC) in § 1206.401 shall be open to the public
Aeronautics and Space Administration, foia@dfrc.nasa.gov; (GRC) during all regular workdays, from 9 a.m.
Washington, DC 20546. foia@grc.nasa.gov; (GSFC) to 4 p.m.
Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations 39409
Subpart 5--Responsibilities (2) After consultation with the Office § 1206.608 that would justify extending
of General Counsel, making initial the time limit for an initial or final
§ 1206.500 Associate Deputy determinations under § 1206.603 and determination, for records as specified
Administrator. § 1206.604; in paragraphs (a) and (b) of this section.
Except as otherwise provided in (3) Determining whether unusual (e) Records as specified in paragraphs
§ 1206.504, the Associate Deputy circumstances exist under § 1206.608 as (a) and (b) of this section include any
Administrator or designee is responsible would justify the extension of the time records located at Regional and field
for the following: limit for an initial determination; and Inspector General Offices, as well as
(a) Providing overall supervision and (4) In coordination with the Associate records located at the Headquarters
coordination of the implementation of Deputy Administrator, ensuring that Office of the Inspector General.
the policies and procedures set forth in requests for Agency records under the
this Part 1206; cognizance of Headquarters are § 1206.505 Delegation of authority.
(b) After consultation with the processed and initial determinations Authority necessary to carry out the
General Counsel, making final made within the time limits specified in responsibilities specified in this subpart
determinations under § 1206.607, Subpart 6 of this part. is delegated from the Administrator to
within the time limits specified in (b) The functions set forth in the officials named in this subpart.
Subpart 6 of this part; paragraphs (a)(1), (2) and (3) of this
(c) Determining whether unusual section may be delegated by the Subpart 6--Procedures
circumstances exist under § 1206.608 as Associate Administrator for Public
§ 1206.600 Requests for Records.
would justify the extension of the time Affairs to a Public Affairs Officer or
limit for a final determination. Specialist and to the Manager or his/her A member of the public may request
designee, NASA Management Office-- an Agency record by mail, facsimile
§ 1206.501 General Counsel. JPL. (FAX), electronic-mail (e-mail), or in
The General Counsel is responsible person from the FOIA Office having
for the interpretation of 5 U.S.C. 552 § 1206.504 Inspector General. cognizance over the record requested or
and of this part, and for the handling of (a) The Inspector General or designee from the NASA Headquarters FOIA
litigation in connection with a request is responsible for making final Office.
for an Agency record under this part. determinations under § 1206.607,
§ 1206.601 Mail, fax and e-mail requests.
within the time limits specified in
§ 1206.502 Centers and Components. Subpart 6 of this part, concerning audit In view of the time limits under 5
(a) Except as otherwise provided in inspection and investigative records U.S.C. 552(a)(6) for an initial
§ 1206.504, the Director of each NASA originating in the Office of the Inspector determination on a request for an
Center or the Official-in-Charge of each General records from outside the Agency record (see § 1206.603), a
Component, is responsible for the Government related to an audit request must meet the following
following: inspection or investigation, records requirements:
(1) After consultation with the Chief prepared in response to a request from (a) The request must be addressed to
Counsel or the Counsel charged with or addressed to the Office of the an appropriate NASA FOIA Office or
providing legal advice to a Center or a Inspector General, or other records otherwise be clearly identified in the
Component Facility, making initial originating within the Office of the letter as a request for an Agency record
determinations under § 1206.603 and Inspector General, after consultation under the ``Freedom of Information
§ 1206.604; with the General Counsel or designee on Act.''
(2) Determining whether unusual an appeal of an initial determination to (b) The request must identify the
circumstances exist under § 1206.608 as the Inspector General. record requested or reasonably describe
would justify the extension of the time (b) The Assistant Inspectors General it in a manner that enables a
limit for an initial determination; and or their designees are responsible for professional NASA employee who is
(3) In coordination with the Associate making initial determinations under familiar with the subject area of the
Deputy Administrator, ensuring that § 1206.603 and § 1206.604 concerning request to identify and locate the record
requests for records under the audit inspection and investigative with a reasonable amount of effort.
cognizance of his/her respective Center records originating in the Office of the NASA need not comply with a blanket
are processed and initial determinations Inspector General, records from outside or categorical request (such as ``all
made within the time limits specified in the Government related to an audit matters relating to'' a general subject)
Subpart 6 of this part. inspection or investigation, records where it is not reasonably feasible to
(b) If so designated by the Director or prepared in response to a request from determine what is sought. NASA will in
Officials-in-Charge of the respective or addressed to the Office of the good faith endeavor to identify and
Center, the principal Public Affairs Inspector General, or other records locate the record sought and will
Officer at the Center may perform the originating with the Office of the consult with the requester when
functions set forth in paragraphs (a)(1) Inspector General, after consultation necessary and appropriate for that
and (2) of this section. with the Attorney-Advisor to the purpose. However, as provided in
Inspector General or designee. § 1206.203, NASA will undertake no
§ 1206.503 NASA Headquarters. (c) The Inspector General or designee obligation to compile or create
(a) Except as otherwise provided in is responsible for ensuring that requests information or records not already in
§ 1206.504, the Associate Administrator for Agency records as specified in existence at the time of the request.
for Public Affairs, is responsible for the paragraphs (a) and (b) of this section are (c) If a fee is chargeable under Subpart
following: processed and initial determinations are 7 of this part for search or duplication
(1) Preparing the annual reports made within the time limits specified in costs incurred in connection with a
required by § 1206.900, including Subpart 6 of this part. request for an Agency record, and the
establishing reporting procedures (d) The Inspector General or designee requester knows the amount of the fee
throughout NASA to facilitate the is responsible for determining whether at the time of the request, the request
preparation of such reports; unusual circumstances exist under should be accompanied by a check or
39410 Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations
money order payable in that amount to requester notified of the date the request (b) If a request is received for Agency
the ``National Aeronautics and Space was received at that FOIA Office and records which exist at two or more
Administration.'' NASA cannot be that an initial determination on the Centers, the FOIA Office receiving the
responsible for cash sent by mail; request will be made within 20-working request shall undertake to comply with
stamps will not be accepted. If the days of that date. the request, if feasible, or to forward the
amount of the fee chargeable is not (c) If it is determined that the request (or portions thereof) promptly to
known at the time of the request, the requested record (or portion thereof) a more appropriate Center for
requester will be notified in the initial will be made available, and if the processing. The requester shall be kept
determination (or in a final charges are under $250, NASA will informed of the actions taken to respond
determination in the case of an appeal) either send a copy of the releasable to the request.
of the amount of the fee chargeable (see record and a bill for the fee or send the (c) If a request is received by a NASA
§ 1206.608(c)). For circumstances in initial determination and a bill for the FOIA Office for a record of another
which advance payment of fees is fee to the requester. In the latter case, agency, the requester shall promptly be
required, see § 1206.704. the documents will be released when informed of that fact, and the request
the fee is received. If the fee chargeable shall be returned to the requester, with
§ 1206.602 Requests in person. advice as to where the request should be
is over $250, a request for payment of
(a) A member of the public may the fee will always be sent with the directed.
request an Agency record in person at initial determination, and the records
a NASA FOIA Office (see § 1206.401) § 1206.605 Appeals.
will be mailed only upon receipt of
during the duty hours of NASA payment. When records are sent before (a) A member of the public who has
Headquarters or the Center. payment is received, the fact that requested an Agency record in
(b) A request at a FOIA Office must interest will be charged from the 31st accordance with § 1206.601 or
identify the record requested or day after the day of the response shall § 1206.602, and who has received an
reasonably describe it as provided in be stated in the response. The date of initial determination which does not
§ 1206.601(b). the mailing of an initial determination, comply fully with the request, may
(c) If the record requested is located appeal such an adverse initial
with or without the records(s), shall be
at the FOIA Office or otherwise readily determination to the Administrator, or,
deemed to satisfy the time limit for
obtainable, it shall be made available to for records as specified in § 1206.504, to
initial determinations.
the requester upon the payment of any the Inspector General under the
fees that are chargeable (see Subpart 7 (d) Any notification of an initial
procedures of this section.
of this part), which fees may be paid by determination that does not comply (b) The Appeal must:
a check or money order payable to the fully with the request for an Agency (1) Be in writing;
``National Aeronautics and Space record, including those searches that (2) Be addressed to the Administrator,
Administration.'' If the record requested produce no documents, shall include a NASA Headquarters, Washington, DC
is not located at the FOIA Office or statement of the reasons for the adverse 20546, or, for records as specified in
otherwise readily obtainable, the request determination, include the name and § 1206.504, to the Inspector General,
will be docketed at the FOIA Office and title of the person making the initial NASA Headquarters, Washington, DC
processed in accordance with the determination, and notify the requester 20546;
procedures in § 1206.603 and of the right to appeal to the (3) Be identified clearly on the
§ 1206.604, with any fee chargeable Administrator, or the Inspector General, envelope and in the letter as an ``Appeal
being handled in accordance with as appropriate, under § 1206.605. under the Freedom of Information Act'';
§ 1206.601(c). (e) If the requester demonstrates a (4) Include a copy of the request for
``compelling need'' as defined in the Agency record and a copy of the
§ 1206.603 Procedures and time limits for § 1206.101(r) for records, NASA shall adverse initial determination;
initial determinations. provide expedited processing of the (5) To the extent possible, state the
(a) Except as provided in § 1206.608, request. NASA will inform the requester reasons why the requester believes the
an initial determination on a request for as to whether the request for expedited adverse initial determination should be
an Agency record, addressed in processing has been granted within 10 reversed; and
accordance with § 1206.601(a) or made working days after the date of the (6) Be sent to the Administrator or the
in person at a NASA FOIA Office shall request. Inspector General, as appropriate,
be made, and the requester shall be sent within 30 calendar days of the date of
notification thereof, within 20-working § 1206.604 Request for records that exist
elsewhere.
receipt of the initial determination.
days after receipt of the request, as (c) An official authorized to make a
required by 5 U.S.C. 552(a)(6). (a) If a request for an Agency record final determination may waive any of
(b) An initial determination on a is received by a FOIA Office not having the requirements of paragraph (b) of this
request for an Agency record by mail cognizance of the record (for example, section, in which case the time limit for
not addressed in accordance with when a request is submitted to one the final determination (see
§ 1206.601(a) shall be made, and the NASA Center or Headquarters and the § 1206.607(a)) shall run from the date of
requester shall be sent notification requested record exists only at another such waiver.
thereof, within 20-working days after NASA Center), the FOIA Office
the correspondence is recognized as a receiving the request shall promptly § 1206.606 Request for additional records.
request for an Agency record under the forward it to the NASA FOIA Office If, upon receipt of a record (or
``Freedom of Information Act'' and having cognizance of the record portions thereof) following an initial
received by the appropriate NASA FOIA requested. That Center shall determination to comply with a request,
Office. With respect to such a request, acknowledge the request and inform the the requester believes that the materials
unless an initial determination can requester that an initial determination received do not comply with the
reasonably be made within 20-working on the request will be sent within 20 request, the requester may elect either to
days of the original receipt, the request working days from the date of receipt by request additional records under the
will be promptly acknowledged and the such Center. procedures of § 1206.601 or § 1206.602,
Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Rules and Regulations 39411
or to file an appeal under the search for or review of Agency records portions thereof containing the
procedures of § 1206.605, in w