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(d) One Private Secretary to the Alternate Federal Cochairman of each Regional Commission established under the Public Works and Economic Development Act of 1965.

§ 213.3394 Department of Transportation.

(a) Office of the Secretary. (1) [Reserved]

(2) One Deputy Under Secretary.
(3) [Reserved]

(4) One Special Assistant to the Secretary.

(5) One Confidential Secretary to the Secretary.

(6) One Special Assistant to the Assistant Secretary for International Affairs.

(7) Two Confidential Secretaries to the Assistant Secretary for Public Affairs. (8) One Confidential Secretary to the General Counsel.

(b) National Transportation Safety Board. (1) One Administrative Assistant to each of the five Board members.

(2) One Confidential Secretary to each of the five Board members. (c) [Reserved]

(d) Federal Highway Administration. (1) Deputy Administrator.

PART 230-ORGANIZATION OF THE GOVERNMENT FOR PERSONNEL MANAGEMENT

Subpart A-[Reserved]

Subpart B-Exercise of Agency Authority To Take Personnel Actions Sec. 230.201 Standards and requirements for agency personnel actions.

230.202 Withdrawal of agency authority. AUTHORITY: The provisions of this Part 230 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218.

SOURCE: The provisions of this Part 230 appear at 28 F.R. 10048, Sept. 14, 1963, unless otherwise noted.

Subpart A-[Reserved]

Subpart B-Exercise of Agency Authority To Take Personnel Actions § 230.201 Standards and requirements for agency personnel actions.

In taking a personnel action authorized by this chapter, each agency shall comply with the qualification standards issued by the Commission, the instructions published by the Commission in

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293.207 Disposition of folders upon movement to another agency. 293.208 Disposition of folders of former Federal employees.

293.209 Removal of temporary records from folder.

AUTHORITY: The provisions of this Part 293 issued under sec. 4, E.O. 10561; 3 CFR, 19541958 Comp., p. 205.

SOURCE: The provisions of this Part 293 appear at 28 F.R. 10048, Sept. 14, 1963, unless otherwise noted.

Subpart A-[Reserved] Subpart B-Official Personnel Folder § 293.201 Applicability of regulations. This part applies to, and within this part "agency" means, each executive department and independent establishment of the Federal Government, including (a) each corporation wholly owned or controlled by the United States, and (b) with respect to positions subject to the Civil Service rules and regulations, the legislative and judicial branches of the Federal Government and the Government of the District of Columbia.

§ 293.202 Establishment of Official Personnel Folder.

Each agency shall establish an Official Personnel Folder for each employee occupying a position subject to this part, except as provided in § 293.206. Only one Official Personnel Folder may be maintained for each employee.

§ 293.203 Ownership of folder.

The Official Personnel Folder of each employee in a position subject to the Civil Service Act, as amended, 22 Stat. 403, 5 U.S.C. 632, is under the jurisdiction and control of, and is part of the records of, the Commission.

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The head of each agency shall maintain in the Official Personnel Folder the reports of selection and other personnel actions named in section 2 of the Civil Service Act, as amended, 22 Stat. 403, 5 U.S.C. 633. The folder shall also contain permanent and temporary records affecting the employee's status and service as required by the Commission's instructions.

§ 293.205 Type of folder to be used. Each agency shall use Official Personnel Folders procurable from Federal Supply Service contracts or stock for the folders required by this part.

§ 293.206 Use of existing folders upon transfer or reemployment.

When an agency hires a person who has served on or after April 1, 1947, in a position subject to this part, it shall request the transfer of the Official Personnel Folder pertaining to the person's employment. The folder so obtained shall be used in lieu of establishing a new Official Personnel Folder.

§ 293.207 Disposition of folders upon movement to another agency. When a person for whom an Official Personnel Folder has been established transfers from one agency to another or is reappointed in an agency, the last employing agency or the General Services Administration, Federal Records Center, whichever has possession of the folder, shall, on request, transfer the folder to the new employing agency.

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PART 294-AVAILABILITY OF OFFICIAL INFORMATION

Subpart A-General Provisions

Purpose.

Sec. 294.101

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Availability of information.

Access to folder.

Subpart H-Appeals

Agency administrative appeals.
Commission appeals.

Subpart 1-Retirement
Retirement.

Subpart J-Classified Information 294.1001 Classified information.

AUTHORITY: The provisions of this Part 294 issued under 5 U.S.C. 552, 1104.

SOURCE: The provisions of this Part 294 appear at 32 F.R. 9493, July 1, 1967, unless otherwise noted.

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(a) "Information" means books, papers, manuals, records, photographs, and other documentary materials, regardless of physical form or characteristics, made in or received by or under the control of the Commission in pursuance of law or in connection with the discharge of official business;

(b) "Information available to the public" means information which, on request, may be examined or copied, or of which copies may be obtained in accordance with this part by the public or representatives of the press regardless of interest and without specific justification; and

(c) "Disclose" or "disclosure" means making information available, on request, for examination or copying, or furnishing a copy thereof.

§ 294.103 General policy.

Because the major functions of the Commission relate to the internal personnel rules and practices of the Government the disclosure of information relative to these functions is exempted from the disclosure requirements in section 552 of title 5, United States Code, by subsection (b) of that section. Notwithstanding this exemption, it is the general policy of the Commission to make information available to the public unless the disclosure thereof would constitute a clearly unwarranted invasion of personal privacy or is prohibited under law or Executive order or relates to internal memoranda, letters, or manuals the disclosure of which would interfere with the performance of the functions of the Commission. The Commission reserves the right to make exceptions to the general policy in a particular instance giving due weight to the right of the public to know and the particular governmental or individual interest involved. § 294.104 Service charges for information.

(a) The Commission furnishes a member of the public free of charge reasonable quantities of information that has

been printed or otherwise reproduced for the purpose of making it available to the public without charge.

(b) The Commission furnishes to a member of the public free of charge information that is requested and is not restricted from disclosure when the information is readily available and can be furnished by the Commission either without cost or at nominal cost.

(c) The Federal Personnel Manual and any other Commission publication or information that is offered for sale may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(d) When a request for information not provided under paragraphs (a) through (c) of this section is received, the Commission furnishes a copy of it at a fair and equitable fee when it is available to the public. In determining the fair and equitable fee under this paragraph the Commission ascertains all costs necessary to recover the full cost to the Government including, but not limited to, costs of employee services relating to research, reproduction, assembly, and authentication. The fee will be based on these costs. The Commission will not undertake to furnish copies of information under this paragraph until the fee for the information is paid, except when the fee cannot be determined in advance in which case an estimated fee shall be paid with appropriate adjustment at time of delivery. A fee shall be paid by check or money order payable to the U.S. Treasury. § 294.105

Places where information may be obtained.

(a) A request for information should be directed to the bureau or staff office of the Commission, 1900 E Street NW., Washington, D.C. 20415, which is responsible for the subject matter concerned as indicated in this paragraph: Subject matter Policy and interpretations. Medical information.

Examinations and related subjects. Investigations

Official Personnel
Folder.
Appeals
Retirement,

Bureau of staff office Bureau of Policies and Standards.

Medical Division, Bureau of Retirement and Insurance. Bureau of Recruiting

and Examining. Bureau of Personnel Investigations.

Bureau of Policies and Standards.

Do.

Bureau of Retirement

Health

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The bureau or staff office concerned will advise where information that may be disclosed can be examined or copied or copies thereof obtained. A request for information on a subject matter not specifically referred to in this paragraph shoud be directed to the Public Information Office, 1900 E Street NW., Washington, D.C. 20415, which will assist the press and advise other inquirers where contact for the information should be made.

(b) In the event of a difference between an employee of the Commission and a member of the public concerning the availability or disclosure of information under this part, the matter shall be referred by the head of the bureau or staff office concerned, through the Public Information Officer, to the Executive Director. The decision of the Executive Director shall be in writing and shall state the reasons for the decision. That decision is the only administrative appeal within the Commission and the obtaining of that decision constitutes the exhaustion of the administrative remedy within the Commission.

(c) Information available to the public is, as far as practical considerations permit, available from each of the following regional and branch offices of the Commission:

REGIONAL OFFICES

Atlanta Merchandise Mart, 240 Peachtree
Street NW., Atlanta, Ga. 30303.
Post Office and Courthouse Building, Boston,
Mass. 02109.

Main Post Office Building, 433 West Van
Buren Street, Chicago, Ill. 60607.
1114 Comerce Street, Dallas, Tex. 75202.
Building 20, Denver Federal Center, Denver,
Colo. 80225.

News Building, 220 East 42d Street, New
York, N.Y. 10017.

Customhouse, Second and Chestnut Streets, Philadelphia, Pa. 19106.

302 Federal Office Building, First Avenue and Madison Street, Seattle, Wash. 98104. Federal Building, Post Office Box 36010, 450 Golden Gate Avenue, San Francisco, Calif. 94102.

1256 Federal Building, 1520 Market Street, St. Louis, Mo. 63103.

BRANCH OFFICES

Room 802, Federal Building South, 600 South
Street, New Orleans, La. 70112.
Federal Office Building, Anchorage, Alaska
99501.

714 West Olympic Boulevard, Los Angeles, Calif. 90015.

Veterans Administration Building 57, Fort Snelling, Minn. 55111.

§ 294.106 Time for obtaining information.

A request for information under this part may be made in writing or orally during business hours on a regular business day. When information to be furnished is not readily available, the employee responsible for obtaining the information shall make it available within a reasonable time.

§ 294.107 Identification of information requested.

A member of the public who requests information under this part shall provide a reasonably specific description of the information sought so that it may be located without undue search or inquiry. Information that is not identified by a reasonably specific description is not an identifiable record, and the request for that information may be declined. A member of the public who requests information from an appeal or complaint file under Subpart H of this part must identify by name the individua! from whose appeal or complaint file the information is sought.

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(a) The Executive Assistant to the Commissioners has official custody of the official records of the Commission. A subpena or other judicial order for an official record from the Commission should be served on the Executive Assistant to the Commissioners, 1900 E Street NW., Washington, D.C. 20415.

(b) If a subpena or other judicial order for an official record is served on an employee of the Commission other than the Executive Assistant to the Commissioners, the employee shall immediately inform the General Counsel of the Commission who shall advise the employee accordingly.

(c) (1) If a subpena or other judicial order for information contained in an Official Personnel Folder in the physical custody of a Government agency other than the Commission is served on a Government employee responsible for the Folder, he shall disclose such information as is allowed under this part. However, he should retain custody of the information and, as necessary, request permission of counsel or the court to furnish a certified copy for inclusion in the court record.

(2) In an unusual situation or a situation in which information not available

under this part is sought, the Government employee who received the subpena shall immediately forward it and the Official Personnel Folder containing the information sought to the General Counsel, U.S. Civil Service Commission, Washington, D.C. 20415. When this is done, the Government employee shall inform the person who applied for the subpena that the subpena and the information sought have been sent to the Commission pursuant to this subparagraph and, if necessary, request a postponement of the scheduled appearance.

Subpart B-The Public Information Function

§ 294.201 Public information policy.

(a) In addition to the basic policies of the Commission relative to the disclosure of information when requested by a member of the public, the Commission has a positive public information policy under which, on its own initiative, the Commission brings information to the attention of the public. Under this policy the Commission will bring to the attention of the public, through news releases, publications of the Commission, or other methods, information concerning the operations of the merit system and the functions of the Commission as a Federal agency; employment opportunities in Government; the contributions of persons employed by the Government to good and efficient Government operations; and an accounting of the developments in, and an explanation of the policies regarding, the programs administered by the Commission.

(b) The Public Information Officer is responsible for the furtherance of the public information policy of the Commission. In addition, each employee of the Commission shall cooperate in carrying out this policy in accordance with the Administrative Manual of the Commission.

Subpart C-Commission Operations § 294.301 Policy and interpretations.

(a) Statements of Commission policy and interpretations of the laws and regulations administered by the Commission which have been adopted by the Commission, whether or not published in the Federal Personnel Manual or the FEDERAL REGISTER, are information available to the public.

(b) Memoranda, correspondence, opinions, data, staff studies, information re

ceived in confidence, and similar documentary material prepared for the purpose of internal communication within the Commission or between the Commission and other organizations or persons generally are not information available to the public.

(c) Administrative manuals and other instructions for the staff of the Commission are not information available to the public when they contain confidential instructions to the staff of the Commission which must be protected from disclosure in order to be effective in carrying out the work of the Commission.

Subpart D-Medical Information § 294.401

Medical information.

(a) Medical information about an applicant, employee, or annuitant is not made available to the public by the Commission or other Government agency.

(b) Medical information about an applicant, employee, or annuitant may be disclosed by the Commission or other Government agency to the applicant, employee, or annuitant, or a representative designated in writing, except that medical information concerning a mental or other condition of such a nature that a prudent physician would hesitate to inform a person suffering from it of its exact nature and probable outcome may be disclosed only to a licensed physician designated in writing for that purpose by the individual or his designated representative.

Subpart E-Examinations and
Related Subjects

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(a) The Commission makes information available to the public that will assist members of the public in understanding the purpose of, and in preparing for, civil service examinations. It makes information available to the public relative to the types of questions and the categories of knowledge or skill pertinent to a particular examination. Test material is not available to the public. The test papers of a competitor may be disclosed to him only during his examination. Each employee entrusted with test material has a positive duty to protect the confidentiality of that material and to assure that it is released only as required to conduct an examination authorized by the Commission.

(b) The names of applicants for civil service positions or eligibles on civil

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