orders, and records shall be available for public inspection and copying in order both to provide for proper public access to the Board's records and to safeguard those records which must be protected.

§ 310.2 Records available.

(a) As used herein, Board "records" include all opinions, orders, manuals, papers, maps, files, letters, memoranda, studies, reports, information, or other documentary materials in being and in possession of the Board which have come into the possession of the Board in the discharge of its official duties, other than documentary materials which are possessed by the Board but which are records of another Government agency. Not included within Board "records" are articles; objects; equipment; and other nondocumentary materials.

(b) For the guidance and convenience of the public, a list is attached to this Part designated Appendix A, which describes various records which are available for inspection and copying. Records which do not fall within one of the described categories nevertheless may be open to inspection and copying. Conversely a record listed in Appendix A may be withhheld from general inspection and copying because all or part of it may be an exempted record. By way of example, Board records otherwise normally available may be exempted where they consist of docket materials withheld from public disclosure under § 302.39 of the Board's Procedural Regulations, certain carrier reports received on a confidential basis, or Minutes of the Board relating to exempted personnel and classified matters. Exempted records are described in § 310.3 below.

(c) Members of the public may also consult the Board's "List of Publications", obtainable from the Board's Publications Section, which describes a number of Board documents for which copies are available for a fee or without charge. The documents listed therein may also be inspected without charge upon request made at the Board's Public Reference Room.

§ 310.3 Exempted records.

(a) As used herein, "exempted records" include those Board records which, pursuant to 5 U.S.C. 552 (b) or other applicable law or regulation, are not required to be made available generally for inspection or copying.

(b) Appendix B, attached to this Part, lists various kinds of records and materials which are "exempted records", and therefore not available for inspection and copying. Appendix B is for the convenience and guidance of the public and is not an exhaustive listing; other records not listed therein may be subject to withholding as "exempted records".

§ 310.4 Time and place where records may be inspected or copied.

(a) Records may be inspected and copied at the Board's Public Reference Room or other offices, Universal Building, 1825 Connecticut Avenue, Northwest, Washington, D.C., during the Board's normal business hours, 8:30 a.m., to 5:00 p.m., local time, Monday through Friday, excluding legal holidays, unless the Board's business hours are otherwise provided by statute or Executive Order. (b) "Public Reference Room" is the principal Board facility where requests for records shall be made and where records may be viewed or copied, and where other reference materials, such as the Board's Regulations, the CAB Manual, Board Orders, Decisions of the Hearing Examiners, statements of policy and interpretations of general applicability, certain carrier financial reports, the Public Index to Board materials, lists of Board publications, and a list of forms used by the Board in dealing with the public are available for inspection.

$310.5 Fees for copying.

Appropriate fees for copying Board records (including handling) are prescribed in Part 389 of this subchapter.

§ 310.6 Procedure for requesting records.

(a) A request to inspect or copy, or have copied, the Board's records described in Appendix A to this Part may be made in person, by telephone, or in writing. Where a specific office is noted after the listing of a record in Appendix A, the request shall be directed to that office. All other requests shall be directed to the Public Reference Room.

(b) Requests for records shall be specific and must identify the specific records or materials which are desired by name, date, number or other identifying data sufficient to allow the Board's staff to locate, retrieve, prepare, and when necessary, edit the record for inspection or copying to delete exempted matter.

Blanket or generalized requests need not be honored, and may be returned to the person making the request.

§ 310.7 Production of Board records.

Every effort will be made to serve requests with reasonable dispatch. Requests for the same record will be filled on a "first come, first served" basis, but use of a document by the Board or its staff will be given precedence.

§ 310.8 Use of records.

(a) When a record is produced for the inspection of the requester, he will be informed where he may view the record. If a person requesting a record cannot view it at the Board's offices during normal business hours, he may ask to have the record copied and mailed to him, for which he will be charged the appropriate fee.

(b) Any record which is available for inspection at the Board may be copied. Copy work will be done for a charge by the Public Reference Room, Records Reference Section, Office of the Secretary, or, in appropriate cases, by a person holding a contract with the Board for the performance of such service. Selfservice, coin-operated copy machines are also available in the Public Reference Room.

(c) Records must be returned to the Board unit making them available. Under no circumstances may records be removed from the Board. Failure to adhere to the applicable Board Regulations, or to maintain proper conduct, may result in denial of any further access to Board records. The public is reminded of Title 18, United States Code, § 2701(a), which makes it a crime to conceal, remove, mutilate, obliterate, or destroy any record filed in any public office, or to attempt to do any of the foregoing.

§ 310.9 Refusal to make record available.

(a) Where the material requested is currently in use by another member of the public or an employee of the Board, the person making the request will be so informed by the office at which the request was made, and will be advised when the material will be available. The request may then be renewed at a later time.

(b) Where the material requested is not a record, is an exempted record, or is otherwise unavailable, the person making the request will be so informed by the office at which the request was made.

(c) Not more than seven days after a request for a record is denied pursuant to subparagraph (b), above, the person making the request may appeal the denial to the Executive Director, who has been delegated authority by the Chairman to make determinations on such appeals. The appeal shall be by letter, and shall identify the material requested and denied in the same manner as it was identified to the Board office receiving and denying the request; shall indicate the dates of the request and denial; and shall indicate the expressed basis for the denial. In addition, the letter of appeal shall state briefly and succinctly the reasons why the record should be made available.

(d) The Executive Director may consult with other members of the staff in making his determination, and shall by letter inform the requester, within seven business days after receipt of the appeal, whether the requested material will be made available in whole or in part. If the resquest is denied in whole or in part, the basis for denial will be stated.

(e) Upon denial of a request for a Board record by the Executive Director, the person making the request may submit a petition for review pursuant to § 385.50 of this Chapter. Proceedings thereafter will be governed by Part 385, Subpart C, of this Chapter.

By the Civil Aeronautics Board:

[SEAL]

HAROLD R. SANDERSON, Secretary.

APPENDIX A

DESCRIPTION AND LOCATION OF RECORDS GENERALLY AVAILABLE

(NOTE.—Any item may be withheld from disclosure if exempted, whether or not the item is listed herein.)

Agreements Filed Under Section 412 of Federal Aviation Act: Copies of, and filings and records in connection therewith. Bureau of Operating Rights, Agreements Division.

Air Freight Forwarder Applications and Operating Authorizations, and filings in connection therewith. Bureau of Operating Rights, Supplementary Services Division. Aircraft Lease or Purchase Transactions Under Part 299, Economic Regulations: filings in connection with. Bureau of Operating Rights, Agreements Division. Civil Aeronautics Board Manual: Instructions to staff and index thereof. Office of Secretary, Public Reference Room.

Certifications of Secretary of the Civil Aeronautics Board. Office of Secretary, Minutes Section (request to be made to Public Reference Room).

Charters: Requests for Waivers of Board Regulations. Bureau of Operating Rights, Supplementary Services Division.

Conferences Between Civil Aeronautics Board and Other Persons: Transcripts of. Office of Secretary, Docket Section.

Contracts of the Civil Aeronautics Board. Office of Administrative Services.
Contracts awarded.

Invitations to bid.

Correspondence Relating to Items Listed in Appendix A. Office of Assistant Executive Director for Operations, Communications and Records Section, and in the various Board offices (requests should be made to the Office of Secretary, Public Reference Room).

Dockets and Related Material. Office of Secretary, Docket Section.

Agents: File showing agents designated for service under section 1005(b), Federal Aviation Act.

Applications Sent to President under Section 801 of Federal Aviation Act: Card record of.

Docket Binders: Containing material of record in docketed proceedings, and correspondence in connection therewith.

Docket Indexes which list: By docket number, the filings in each docket and Board issuances in same.

By name of applicant or petitioner, each applicant, petition, etc. bearing a new docket number.

By name of city, applications for service to said city and the disposition thereof.

By name of carrier and by docket number, a description of pending applications.

Documents Served by Docket Section: Daily Record of.

Oral Arguments: List of, by date order.

Parties to Individual Docketed Proceedings: Lists of, with addresses.

Flight Schedules of Air Carriers. Office of Secretary, Schedules and Route Information Unit.

Foreign Aircraft Permits: Copies of applications, permits and filings in connection therewith. Bureau of Operating Rights, Supplementary Services Division.

Forms Used in Dealing With The Public: Copies and list of forms showing number and title. Office of Assistant Executive Director for Operations, Publications Section.

Inclusive Tours: Applications by supplemental air carriers and tour operators, for statements of authorization; and filings in connection therewith. Bureau of Operating Rights, Supplementary Services Division.

Mail Compensation: Office of Comptroller.

Air Carrier claims for mail pay (C.A.B. Forms 398 and 545).
Carrier payments memoranda (instructions re. billing).

Class rate information C.A.B. Form 548 (local service carriers).

Monthly listing of summarized passenger Loads by flight stages (Schedule T-5, Form 41).

Summary of obligations and disbursements to air carriers (C.A.B. Form 470).

Mileage Records: Official Board records of mileages. Office of Secretary, Schedules and Route Information Unit.

Minutes of the Civil Aeronautics Board: Approved Minutes of the Board on matters which are not pending. Office of Secretary, Minutes Section (request to be made to Public Reference Room).

Opinions of General Counsel. Office of General Counsel (request to be made to Office of Secretary, Public Reference Room),

Orders and Opinions of the Civil Aeronautics Board:

Copies of, including published bound volumes "Civil Aeronautics Board
Reports." Office of Secretary, Public Reference Room.

Index of, by subject, summarizing action taken. Office of Secretary, Docket Section.

Index-Digest of opinions and precedential orders, and citation file. Office of Secretary, Indices Section.

Weekly Summaries of Orders. Office of Secretary, Public Reference Room. Policy Statements of the Civil Aeronautics Board and Index Thereof. Office of Secretary, Public Reference Room.

Public Index. Office of Secretary, Public Reference Room.

Published Board Documents. Office of Secretary, Public Reference Room. Regulations of the Civil Aeronautics Board and Indexes Thereof: Economic, Procedural, Special and Organization. Office of Secretary, Public Reference Room.

Reports of Carriers and Related Material:

Air Carriers Form 41 and 242 Financial and Operational reports. Office of Secretary, Public Reference Room,

Air Carrier "on time" reports (Form 438). Office of Secretary, Public Reference Room.

Air Carrier Form 2787 reports of domestic passenger origin-destination surveys. Bureau of Accounts and Statistics, Cost and Statistics Division. Air Freight Forward reports (Form 244). Office of Secretary, Public Reference Room.

Air Taxi Operator reports required by various Board Orders. Office of Secretary, Public Reference Room.

Carrier Accounting Plans of specified accounting and statistical procedures required to be filed by carriers under Part 241, Economic Regulations. Office of Secretary, Public Reference Room.

Carrier officers and directors reports (Form 2786) of ownership of stock and other interests. Bureau of Operating Rights, Agreements Division. Extensions of time for report filing. Office of Secretary, Public Reference Room.

Foreign indirect air carrier reports. Office of Secretary, Public Reference Room.

Freight Traffic and Revenue in blocked space markets. Office of Secretary, Public Reference Room.

Freight Traffic and Revenues, in Puerto Rico market (Form T-94). Office of Secretary, Public Reference Room.

General Interpretation Letters. Interpreting provisions of Uniform System of
Accounts and Reports. Office of Secretary, Public Reference Room.
Insurance Certificates and Notices: Office of Secretary, Public Reference
Room.

Air Freight Forwarders, certificates of Insurance (C.A.B. Form 350).
Notice of Cancellation of insurance by insurer (C.A.B. Form 609A).
Notice of Cancellation of insurance by carrier (C.A.B. Form 609B).
Supplemental Air Carriers, Certificates of Insurance and Endorsements
thereto. (C.A.B. Forms 606 and 607).

Letters to Chief Accounting Officers of air carriers requesting specific information to supplement or amplify carrier reports.

Local Service Carrier Summarized Passenger Loads, by flight schedule (Schedule T-5). Office of Comptroller.

MAC Charter Reports. Office of Secretary, Public Reference Room.

Manuals of air carrier accounts and reporting Instructions prescribed by the Board. Bureau of Accounts and Statistics, Regulations and Reports Division.

National Air Carrier Assn., Form 492 reports of commercial charter exchange activity, membership roster and flight data. (Schedules A, B, and C, of Form 492). Office of Secretary, Public Reference Room.

Public Accountants Reports and Reconciliation with Form 41 reports. Office of Secretary, Public Reference Room.

Standard Practice Letters prescribing standard accounting and reporting procedures, supplemental to the Uniform System of Accounts and Reports. Office of Secretary, Public Reference Room.

Waivers of Accounting and Reporting Requirements and record retention. Office of Secretary, Public Reference Room.

Route and Service Authorization. Office of Secretary, Schedules and Route Information Unit.

"Book of Official C.A.B. Airline Route Maps and Airport to Airport Mileages." (publication)

Certificates of Public Convenience and Necessity.

Foreign Air Carrier Permits.

Historic and current records and indexes of points served, airports, dates of service inauguration, service deletions, suspensions and restorations and Board actions affecting carrier service authorizations.

Statements of Authorization for Off-Route Charter Trips by Foreign Air Carriers (Part 212, Economic Regulations): Copies of applications for, filings in connection therewith and copies of the authorizations. Bureau of Operating Rights, Supplementary Service Division.

Tariff matters. Bureau of Economics, Tariffs Section.

Agent Matters.

Alternate agents' affidavits as to disability of principal tariff publishing agent.

Corporate tariff agents' designation of issuing officer.

Powers of attorney (issued by carriers to tariff publishing agents).
Tariff publishing instructions (from carriers to agents).

Certifications of Tariff Publications and Requests for Copies.

Concurrences (issued by carriers to tariff publishing carriers).

Correspondence with carriers or agents requesting correction of Part 221 violations in tariffs.

Free or Reduced Rate Transportation:

Access to Aircraft or Free Transportation: Requests for, on U.S. Government Form 160.

Application for, under Section 223.8 of Economic Regulations.

Carrier Manuals containing instructions, rules, regulations and practices governing issuances and interchange of passes.

Reports by carriers of free transportation of technical representatives of aircraft manufacturers (Section 223.2(c) and (d) of Economic Regulations).

Postponed Board Actions, Notices of, on tariffs filed on 45 days notice and not acted upon by Board 15 days prior to effective date.

Rejection Notices.

Special Tariff Permissions.

Tariffs and Tariff Transmittal Letters.

Tariff Embargo Notices.

Trade Agreements filed under Part 225, Economic Regulations.

Waivers from Part 221, Economic Regulations.

Trade Association Manuals. Bureau of Operating Rights, Agreements Division. Unpublished Statistical Compilations.

Air Freight Forwarder Statistics: Compiled from C.A.B. Form 244 semiannually. Bureau of Accounts and Statistics, Statistical Reports Section. Air Carrier Route Miles Statistics: Quarterly compilations. Bureau of Accounts and Statistics, Statistical Reports Section.

Financial Results of Scheduled All-Cargo Operations: Semi-annual compilation. Bureau of Accounts and Statistics, Statistical Reports Section. Interim Monthly Financial Reports of Air Carriers: Selective summarization of income factors. Office of Secretary, Public Reference Room. Interim Quarterly Financial Reports of Air Carriers: Selective summarization of balance sheet factors, 1st three quarters. Office of Secretary, Public Reference Room.

Supplemental Air Carrier Statistics: Quarterly report of traffic and financial data. Bureau of Accounts and Statistics, Statistical Reports Section. Votes of Board Members: Final votes of Board Members in C.A.B. proceedings. Office of Secretary, Minutes Section (request to be made to Public Reference Room).