cept on official Federal holidays, between the hours of 9 a.m. and 4:30 p.m. There are no fees or formal requirements for such inspections. Upon request, however, the facility will arrange to have copies of the above materials made at the cost shown in § 60.9 (b) (3).

(d) Correspondence concerning the materials available in the facility should be sent to the above address. The telephone number of the facility is 440-1314, Area Code 301.

§ 60.6

Confidentiality of data collected

by the Bureau of the Census.

(a) The Bureau of the Census is required by law to keep certain records confidential. Protection against unauthorized disclosures is provided by Title 13, U.S.C., section 9 (a).

§ 60.7 Requests for identifiable records.

(a) The procedures of this section are applicable only to those records not customarily available to the public as part of the regular informational activities of the Bureau. The procedures and fees specifically do not apply to applications for personal census information. Applications for personal census information should be directed to the Bureau's Personal Census Service Branch at Pittsburg, Kansas.

(b) A person who wishes to inspect such a Bureau record should complete Form CD-244, "Application to Inspect Records," and submit this form, in person or by mail, to the facility identified in § 60.5(c). Copies of Form CD-244 are available from the reference facility.

(c) An application form shall be submitted for each record or group of records related to the same general subject matter. Each application form shall be accompanied by the nonrefundable application fee of $2.

(d) Detailed instructions for the completion of Form CD-244 are stated on the back of the form. Employees of the facility will assist the public to a reasonable extent in completing the form; however, the responsibility rests with the applicant for identifying each record sought in sufficient detail so that it can be located by personnel familiar with the filing of agency records. Each application shall clearly itemize, when there are more than one, each record requested so that it may be identified and its availability separately determined.

(e) The staff of the facility will review the application for completeness,

and will record receipt of the fee. If the application appears in order, it shall be forwarded to the Bureau official who would appear to have official custody of the requested record to determine whether it is an identifiable and disclosable record. If the application is incomplete in some substantial and material respect, it shall be promptly returned to the applicant to complete.

§ 60.8 Agency determinations of availability of records.

(a) The official having custody of the record shall initially determine:

(1) Whether the requested record can be identified on the basis of the information supplied by the applicant. If he cannot identify the record, the application shall be transmitted to the facility for return to the applicant, specifying why it is not identifiable and what additional clarification, if any, the applicant may make to assist the facility in its identification.

(2) Whether the record, if identifiable, is still in existence or has been destroyed as provided by law, or is not in the possession of the organization. If the record no longer exists, the applicant shall be so notified, with the reason stated, via the facility. If the requested record is in another organization of the Department, or is the exclusive or primary concern of another executive department or agency, the application for such record shall be promptly referred to that other organization or agency for further action under its rules, and the applicant shall be promptly informed of this referral.

(b) If the requested record is identifiable and subject to the Bureau's determination as to its availability, the application shall be reviewed by an official authorized, pursuant to Department Order 64, to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall receive in writing, the specific reason(s) why the record is not being disclosed, signed by the official making the determination.

(c) If the record is to be made available, and there are no further charges or fees, it shall be furnished to the requesting person. If, in accord with § 60.9, there are additional costs to be recovered from the applicant, they shall be estimated and the applicant notified that

(a) In accord with Congressional policies that services performed hereunder are to be self-sustaining, as provided by law, appropriate fees and charges are hereby established to cover costs for application handling, record searching, reproduction, certification, and authentication, and for related expenses incurred by the Bureau with respect to records made available upon request under 5 U.S.C. 552 (a) (3).

(b) The following fees are hereby established and payable to the Bureau: (1) Application fee per application__ $2.00 This fee is nonrefundable, and covers costs of accepting and reviewing the application, and making a determination as to the availability of the requested record. The $2 application fee does not apply to requests for personal census information, which should be directed to the Bureau's Personal Census Service Branch in Pittsburg, Kans. The fee for personal census service is $4 for a search in turn (4 to 6 weeks) and $5 for expedited service (about 2 weeks).

$5.00

(2) Records search fee-per hour per person This fee covers the costs of locating the desired record, transporting it by government messenger service to a point of inspection, supervising the inspection, and returning the record to its regular file. It also includes the costs of any copies of records made at the Bureau's option. The minimum fee charged for records search will be one-half hour ($2.50).

(3) Copies of records, if requested by
applicant:

(1) Xerographic or similar proc-
ess-Up to 9 x 14 inches
(each page)

$0.25

(ii) Photocopy or similar proc

1 Individual fee, sufficient to recover full cost.

2 Actual cost.

(c) All fees and charges will be collected in advance. The applicant will be given an estimate of the cost of records search for each application where disclosure availability is authorized. If actual cost exceeds the estimate, the applicant will have the option of either paying any additional costs, or inspecting the requested record to the extent covered by his payment. If the advance estimated payment is $1 or more in excess of both the actual cost and the minimum charge, a refund will be made of the excess above the higher of these two amounts.

(d) The fees set forth above are based upon an initial estimate of the costs to be incurred in providing the indicated services and may be revised as necessary to insure the recovery of full costs by the Bureau.

(e) The above fees are established solely for services provided pursuant to 5 U.S.C. 552(a) (3), and do not affect fees charged for other Bureau services to the public, as may be performed under other authorities.

§ 60.10 Arrangements for public inspection and copying of available records. (a) Upon receipt of the records search fee, and any fees for additional services requested by the applicant, the requested record which has been determined to be available shall, unless the applicant has otherwise indicated, be transferred to the Bureau's reference facility, where it will be held for inspection by the applicant for 5-work days. The address, and hours of operation, of this facility are stated in § 60.5(c).

(b) During his inspection of the record at the facility, the applicant may copy by hand any portion of the record, may request the facility to make a copy thereof, and may obtain certification of a machine-copied record in accordance with the fee structure in § 60.9(a) (3). (c) No changes or alterations of any type may be made to the record being inspected, nor may any matter be added to subtracted therefrom. Papers bound or otherwise assembled in a record file may not be disassembled during

or

inspection. Staff of the facility shall provide assistance if disassembly of a record is necessary for copying purposes, and are authorized to supervise public inspection as necessary to protect the records of the Department. The public is reminded of Title 18, United States Code, section 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.

(d) If an applicant does not want to inspect a record by personal visit, he may request that a copy thereof be mailed to him, upon payment of the copying and postage fees set forth in § 60.9. Original copies of records shall not be sent to any location other than the reference facility for public inspection pursuant to 5 U.S.C. 552(a) (3).

(e) Copies of transcripts of hearings may be made available for inspection when not in use. When copies of such transcripts are requested, if the Bureau's contract with a nongovernmental contractor requires that copies be sold only by the contractor, the applicant shall be referred to the contractor.

(f) The Bureau in its discretion, when appropriate in the interests of its program, may make exceptions to established charges.

§ 60.11 Requests for reconsideration of nonavailability.

(a) Any person whose application to inspect a record has been rejected because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial, as set forth herein.

(b) The request for reconsideration should be made by completing the applicable section of the Form CD-244, and returning it to the reference facility within 30 days of the date of the original denial. (This date is shown on the Form CD-244.) No addition fee is required to obtain reconsideration. In submitting a request for reconsideration, the applicant should include any written arguments he desires to support his belief that the record requested should be made available. No personal appearance, oral argument, or hearing shall be permitted.

(c) The decision upon such review shall be made by the Director, Bureau of the Census, and shall be based upon the original application, the denial, and any

written argument submitted by the applicant.

(d) The decision upon review shall be promptly made in writing and communicated to the applicant. If the decision is wholly or partly in favor of the applicant, the requested record to such extent shall be made available for inspection, as described in §§ 60.9 and 60.10. To the extent that the decision is adverse to the request, the reasons for the denial shall be stated.

(e) A decision upon review completed as provided by this section shall constitute the final decision and action of the Bureau as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3).

(f) Reconsiderations resulting in final decisions as prescribed herein shall be indexed and kept available for public reference in the facility.

§ 60.12 Subpoena or other compulsory

process.

Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority are set forth in section 7 of Department Order 64.

Notice and public procedure are not necessary for the promulgation of this part since the rules contained herein are procedural rather than substantive in nature and relate to agency management.

PART 70-CUTOFF DATE FOR RECOGNIZING BOUNDARY CHANGES FOR THE 1970 CENSUSES

Sec. 70.1

Cutoff date and the effect on enumeration.

70.2 County subdivision defined for census purposes. 70.3

Effect on boundary changes after the cutoff date.

AUTHORITY: The provisions of this Part 70 issued under title 13, U.S.C. 4 and 5, and the delegation to the Director, Bureau of the Census by Department of Commerce Order No. 85.

SOURCE: The provisions of this Part 70 appear at 32 F.R. 15154, Nov. 2, 1967. § 70.1

Cutoff date and the effect on enumeration.

The Bureau of the Census will recognize only those boundaries legally in effect on January 1, 1970, for the tabulation and publication of data from the

1970 Censuses of Population and Housing. Respondents will be enumerated on the census date as residing within the legal limits of municipalities, wards, the county subdivision areas, and counties as these limits existed on January 1 of the census year.

§ 70.2 County subdivision defined for census purposes.

For purposes of this part, county subdivisions are defined to include the areas identified by the Bureau of the Census as minor civil divisions. Although civil and judicial townships are the most frequent type of minor civil division, there are also beats, election districts,

magisterial districts, towns, and other areas. A more complete description appears on page XXI of "1960 Census of Population, Volume I, Part A.”

§ 70.3 Effect of boundary changes after the cutoff date.

Changes in boundaries that become effective after January 1, 1970, will not be recognized by the Bureau of the Census in taking the 1970 Federal censuses. The residents of any area which is transferred to another jurisdiction after January 1, 1970 will be enumerated in the census as residents of the area in which their respective residences were located on January 1.