(vi) Litigation, Claims and Administrative Proceeding Records-COM

MERCE/DEPT-14; and

(vii) Non-Registered Persons Rendering Assistance to Patent Applicants-COMMERCE/PAT-TM-5.

The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). The reasons for asserting the exemption are to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain necessary information, to fulfill commitments made to sources to protect their identities and the confidentiality of information and to avoid endangering these sources and law enforcement personnel. Special note is taken of the fact that the proviso clause in this exemption imports due process and procedural protections for the individual. The existence and general character of the information exempted will be made known to the individual to whom it pertains.

(3) Exempt under 5 U.S.C. 552a(k) (4). The systems of records exempt, the sections of the Act from which exempted, and the reasons therefor are as follows:

(i) Agricultural Census Records for 1964 (partial), 1969, and 1974-COMMERCE/CENSUS-1;

(ii) Individual and Household Statistical Surveys and Special Census Studies Records-COMMERCE/CENSUS-3;

(iii) Minority-Owned Business Enterprises Survey Records-COMMERCE/ CENSUS-4;

(iv) Population and Housing Census Records for 1960 and 1970-COMMERCE/ CENSUS-5;

(v) Population Census Personal Service Records for 1900 and All Subsequent Decennial Censuses-COMMERCE/CENSUS-6; and

(vi) Special Censuses of Population Conducted for State and Local Government-COMMERCE/CENSUS-7.

The foregoing are exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G) (H), and (I), and (f). The reasons for asserting the exemption are to comply with the prescription of Title 13, United

States Code, especially sections 8 and 9 relating to prohibitions against disclosure, and to avoid needless consideration of these records whose sole statistical use comports fully with a basic purpose of the Act, namely, no adverse determinations may be made from these records as to any identifiable individual.

(4) Exempt under 5 U.S.C. 552a(k)(5). The systems of records exempt (some only conditionally), the sections of the act from which exempted, and the reasons therefor are as follows:

(i) Applications to U.S. Merchant Marine Academy (USMMA)—-COMMERCE/ MA-1;

(ii) USMMA Midshipman Medical Files-COMMERCE/MA-17;

(iii) USMMA Midshipman Personnel Files-COMMERCE/MA-18;

(iv) USMMA Non-Appropriated fund

Employees-COMMERCE/MA-19;

(v) Applicants for the NOAA CorpsCOMMERCE/NOAA-4;

(vi) Commissioned Officer Official Personnel Folders-COMMERCE/ NOAA-7;

(vii) Conflict of Interest Records, Appointed Officials-COMMERCE/DEPT3;

(viii) Investigative Records-Contract and Grant Frauds and Employee Criminal Misconduct-COMMERCE/ DEPT-12, but only on condition that the general exemption claimed § 4b.13(b)(3) is held to be invalid;

in

(ix) Investigative Records-Persons Within the Investigative Jurisdiction of the Department-COMMERCE/ DEPT-13; and

(x) Litigation, Claims, and Administrative Proceeding Records-COM

MERCE/DEPT-14.

The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f). The reasons for asserting the exemption are to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, ultimately, to facilitate proper selection or continuance of the best applicants

or persons for a given position or contract. Special note is made of the limitation on the extent to which this exemption may be asserted. The existence and general character of the information exempted will be made known to the individual to whom it pertains.

(c) At the present time, the Department claims no exemption under 5 U.S.C. 552a(k) (3), (6) and (7).

[40 FR 45621, Oct. 2, 1975; 40 FR 50662, Oct. 30, 1975; 40 FR 51168, Nov. 3, 1975, as amended at 43 FR 43021, Sept. 22, 1978]

APPENDIX A TO PART 4b-OFFICIALS TO RECEIVE INQUIRIES, REQUESTS FOR ACCESS AND REQUESTS FOR CORRECTION OR AMENDMENT

For records in systems of records located in 1

The Office of the Secretary and all departmental staff offices.

Office of the Inspector General.

Economic Affairs 2

Bureau of the Census

Bureau of Export Administration.

Economic Development Administration.

International Trade Administration.

Minority Business Development Agency.

National Institute of Standards & Technoloyy.

National Oceanic and Atmospheric Administration.

Privacy Act Officer, Office of Orga

nization and Management Support, International Trade Administration, Room 4102, Herbert C. Hoover Building, Washington, D.C. 20230. Assistant Director for Operations,

Minority Business Development
Agency, Room 6723, Herbert C.
Hoover Building, Washington,
D.C. 20230.

Deputy Director of Administration,
National Institute of Standards &
Technology, Room A1105, Ad-
ministration Building, Wash-
ington, D.C. 20234.
Director, Office of Administration,
National Oceanic and Atmos-
pheric Administration, Room
1109, Herbert C. Hoover Build-
ing, Washington, D.C. 20230.

APPENDIX A TO PART 4b-OFFICIALS TO RECEIVE INQUIRIES, REQUESTS FOR ACCESS AND REQUESTS FOR CORRECTION OR AMENDMENT-Continued

For records in systems of records located in1

National Telecommunications and Information Administration.

National Technical Information Service.

Patent and Trademark Office.

United States Travel and Tourism Administration.

Solicitor, Patent and Trademark Of-
fice, Room 12C08 Gateway 2,
Crystal City, Virginia 20231.
Director, Office of Management and
Administration, United States
Travel and Tourism Administra-
tion, Room 1524, Herbert C.
Hoover Building, Washington,
D.C. 20230.

1 If the location of the records within the Department is unknown, address the inquiry to the Privacy Officer for the Office of the Secretary.

2 Economic Affairs includes: Office of the Under Secretary for Economic Affairs; Office of Chief Economist; Office of Strategic Resources; Office of Business Analysis; Bureau of Economic Analysis. The Bureau of the Census, and the National Technical Information Service, which also fall organizationally under Economic Affairs, are listed separately.

[51 FR 32207, Sept. 10, 1986, as amended at 53 FR 26236, July 12, 1988; 55 FR 38314, Sept. 18, 1990; 55 FR 38983, Sept. 24, 1990]

APPENDIX B TO PART 4b-SYSTEMS OF RECORDS NOTICED BY OTHER FEDERAL AGENCIES AND APPLICABLE TO RECORDS OF THE DEPARTMENT AND APPLICABILITY OF THIS PART THERETO

[See footnotes at end of table]

Category of Records

Federal Personnel
Records.
Federal Employee
Compensation Act
Program.

Equal Employment Op-
portunity Appeal
Complaints.
Formal Complaints/Ap-
peals of Adverse Per-
sonnel Actions.

Other Federal agency

Office of Personnel Management 1 Department of Labor.2

Equal Employment Opportunity

Commission.3

Merit Systems Protection Board.4

"The provisions of this part do not apply to these records covered by notices of systems of records published by the Office of Personnel Management for all agencies. The regulations of OPM alone apply.

2 The provisions of this part apply only initially to these records covered by notices of systems of records published by the U.S. Department of Labor for all agencies. The regulations of that Department attach at the point of any denial for access or for correction or amendment.

3 The provisions of this part do not apply to these records covered by notices of systems of records published by the Equal Employment Opportunity Commission for all agencies. The regulations of the Commission alone apply.

as

(a) The Department adopts the Federal policy announced in the RandolphSheppard Vending Stand Act, amended, to provide blind persons with remunerative employment to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in striving to make themselves self-supporting.

(b) It shall be the policy of the Department to authorize blind persons licensed under the provisions of the Randolph-Sheppard Vending Stand Act, as amended to operate vending stands without any charge for space or necessary utilities on properties owned and occupied by the Department or on which the Department controls maintenance, operation, and protection.

(c) The Department will cooperate with the Department of Education and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by licensed blind persons.

(d) The application of a State licensing agency for a permit may be denied or revoked if it is determined that the interests of the United States would be adversely affected or the Department would be unduly inconvenienced by the issuance of a permit or its continuance.

(e) Disagreements concerning the denial, revocation, or modification of a permit may be appealed by the State licensing agency as set forth in §5.6.

[28 FR 7772, July 31, 1963, as amended at 55 FR 53489, Dec. 31, 1990]

§5.3 Assignment of functions and authorities.

(a) The Director, Office of Administrative Services, shall carry out the Department's responsibility to provide, in accordance with applicable law and regulation, the maximum opportunity for qualified blind persons to operate vending stands.

(b) Subject to instructions issued by the Director, Office of Administrative Services, the head of each primary organization unit shall be responsible for implementing this program within his

area.

(c) The Director, Office of Administrative Services for the primary organization units located in the main Commerce building and the head of each other primary organization unit will make determinations with respect to the terms of permits including the location and operation of vending stands and machines in their respective

areas.

(d) Unresolved differences and significant violations of the terms of permits shall be reported to the State licensing agency. Where no corrective action is forthcoming, the matter shall be referred to the Office of Vocational Rehabilitation, Department of Education for consideration prior to further action.

[28 FR 7772, July 31, 1963, as amended at 55 FR 53489, Dec. 31, 1990]

85.4 Permits.

(a) No permit, lease, or other arrangement for the operation of a vending stand on property under control of

the Department shall be entered into or renewed without first consulting the State licensing agency or equivalent authority.

(b) The permit shall be conditioned upon the vending stand meeting specified standards, including standards relating to appearance, safety, sanitation, maintenance, and efficiency of operation. Due regard shall be given to laws and regulations for the public welfare which are applicable, or would be applicable, if the property involved was not owned or controlled by the Federal Government.

(c) The permit shall specify the types of articles specified in section 2(a)(4) of the Act as amended (newspapers, periodicals, confections, tobacco products, articles dispensed automatically or in containers or wrappings in which they are placed before delivery to the vending stand). Such other related articles as the State licensing agency asks to be included shall be permitted to be sold, unless such factors as inadequacy of available facilities, safety, health, public welfare, or legal requirements demand otherwise.

(d) The permit shall contain a provision that alterations made by other than the United States shall be approved by and conducted under the supervision of an appropriate official of the Department or the primary organization unit concerned.

(e) The permit may contain other reasonable conditions necessary for the protection of the Government and prospective patrons of the stand.

(f) The permit shall describe the location of the stand proper and the location of any vending machines which are operated in conjunction with it.

§5.5 Vending machines.

(a) The income from any vending machines which are located within reasonable proximity to and are in direct competition with a vending stand for which a permit has been issued under these regulations shall be assigned to the operator of such stand.

(b) If a vending machine vends articles of a type authorized by the permit and is so located that it attracts customers who would otherwise patronize the vending stand, such machine shall be deemed to be in reasonable prox

imity to and direct competition with the stand.

$5.6 Appeals.

(a) In any instance where the Department of Commerce official as provided in §5.3(c) and the State licensing agency fail to reach agreement concerning the granting, revocation, or modification of a permit, the location, method of operation, assignment of proceeds, or other terms of a permit (including articles which may be sold), the State licensing agency shall be notified in writing by the Commerce official concerned that it has the right to appeal such disagreements, within 30 days of the notice, to the Assistant Secretary for Administration for investigation and final decision.

(b) Upon receipt of a timely appeal the Assistant Secretary for Administration will cause a full investigation to be made. The State licensing agency shall be given an opportunity to present information pertinent to the facts and circumstances of the case. The complete investigation report including the recommendations of the investigating officer shall be submitted to the Assistant Secretary for Administration within 60 days from the date of the appeal.

(c) The Assistant Secretary for Administration will render a final decision on the appeal within 90 days of the date of appeal.

(d) The State licensing agency will be informed of the final decision on its appeal. Copies of the decision will be forwarded to the Department of Commerce official concerned and the Department of Education.

[28 FR 7772, July 31, 1963, as amended at 55 FR 53489, Dec. 31, 1990]

$5.7 Reports.

No later than fifteen days following the end of each fiscal year the responsible officials set forth in §5.3(c) shall forward to the Director, Office of Administrative Services a report on activities under this order. The report shall include:

(a) The number of applications, including requests for installations initiated by the Department, for vending stands received from State licensing agencies;