As used in this part, "operating agency" means the constituent operating agencies of the Department, i.e., the Consumer Protection and Environmental Health Services, the Health Services and Mental Health Administration, the National Institutes of Health, the Office of Education, the Social Security Administration, and the Social and Rehabilitation Service. Three operating agencies, the Consumer Protection and Environmental Health Services, the Health Services and Mental Health Administration, and the National Institutes of Health, constitute the Public Health Service. [33 F.R. 18030, Dec. 4, 1968]

paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuant of Federal law or in connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) "Record" does not include: Objects or articles such as tangible exhibits, models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property; books, magazines, pamphlets, or other reference material in formally organized and officially designated libraries of the Department, which are available under the rules of the particular library concerned. Subpart B-What Records Are Available

§ 5.11 Purpose and scope.

This part constitutes the regulation of the Department respecting the availability to the public, pursuant to the Act, of records of the Department. It informs the public about what records are available and where and how they may be obtained. It does not revoke, modify, or supersede the following regulations of the Public Health Service, of the operating agencies or of subsidiaries of operating agencies:

Public Health Service-42 CFR Part 1.
Food and Drug Administration, CP&EHS,
PHS-21 CFR Part 4.

St. Elizabeths Hospital, NIMH, PHS-42 CFR
Part 300.

Social Security Administration-20 CFR Part 401.

Bureau of Federal Credit Unions, SSA-45 CFR Part 320.

[33 F.R. 18030, Dec. 4, 1968]

(a) Publication in the Federal Register. The following shall be published in the FEDERAL REGISTER:

(1) Descriptions of the Department's central and field organization and the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions;

(2) Statements of the general course and method by which the Department's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

(3) Rules of procedures, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Department;

(5) Every amendment, revision, or repeal of the foregoing.

(b) Agency opinions and orders. The Department shall, in accordance with this part and applicable regulations, make available for public inspection and copying:

(1) All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases (initial decisions and reconsiderations thereof in matters that are not the result of administrative proceedings such as hearings or formal appeals-for example, initial decisions and reconsiderations on claims for benefits-are not "opinions and orders in the adjudication of cases");

(2) Those statements of policy and interpretations which have been adopted by the agency and are not published in the FEDERAL REGISTER;

(3) Administrative staff manuals and instructions to staff that affect any member of the public;

unless such materials are promptly published and copies offered for sale.

The Department shall maintain and make available for public inspection and copying current indexes providing iden

tifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by this paragraph (b) to be published or made available.

(c) Availability of records on request. In addition to the records made available pursuant to paragraphs (a) and (b) of this section, the Department shall, upon request for identifiable records made in accordance with this part, make such records available to any person, unless it is determined that such records must be withheld from disclosure and are exempt under subsection (b) of the Act and Subpart F of this part.

§ 5.14 Published documents.

Published records of the Department, whether or not available for purchase, shall be made available for examination in or through the appropriate Information Centers.

Records are not required to be created by compiling selected items from the files, and records are not required to be created to provide the requester with such data as ratios, proportions, percentages, per capitas, frequency distributions, trends, correlations, and comparisons. If such data have been compiled and are available in the form of a record, the record shall be made available as provided in this part.

§ 5.16 Deletion of identifying details.

Whenever any final opinion, order, or other materials required to be made available pursuant to subsection (a) (2) of the Act relates to a private party or parties and the release of the name or names or other identifying details will constitute a clearly unwarranted invasion of personal privacy, the record shall be published or made available with such identifying details left blank, or shall be published or made available with obviously fictitious substitutes and with a notification such as the following as a preamble:

Names of parties and certain other identifying details have been removed [and fictitious names substituted] in order to prevent a clearly unwarranted invasion of the personal privacy of the individuals involved.

§ 5.17 Records in record centers.

When a request is made for identifiable records of the Department which have

Records of specified form or character are destroyed after the lapse of time specified in the Records Disposal Act of 1943 (44 U.S.C. 366-380), the Federal Property Management Regulations (41 CFR Part 101-111), and the Records Control Schedules (Appendices A and B of the Department of Health, Education, and Welfare Records Management Manual). § 5.19

Records of other departments and agencies.

Requests for records which originated in or concern matters which originated in another Department or Government agency may be forwarded to the Department or agency primarily concerned and the requester so notified.

Subpart C-Where Information
Centers Are Located

§ 5.31 Information centers or facilities. (a) The Department maintains its Central Information Center at the following location:

Health Services, Public Health Service (for the Food and Drug Administration). Health Services and Mental Health Administration, Public Health Service.

Department of Health, Education, and Welfare, North Building, 330 Independence Avenue SW., Washington, D.C. 20201.

This Center shall include a records reference and copying service, and shall have as its primary goal the provision, as far as practicable, of information service covering the programs and activities of the Department.

(b) The Department maintains an Information Center or information facilities in each of its Regional Offices as follows:

Region I-John F. Kennedy Federal Building, Boston, Mass. 02203.

Region II-42 Broadway, New York, N.Y. 10004.

Region III-220 Seventh Street NE., Charlottesville, Ve. 22901.

Region IV-50 Seventh Street NE., Atlanta, Ga. 30323.

Region V-New Post Office Building, 433 West Van Buren Street, Chicago, Ill. 60607.

Region VI-601 East 12th Street, Kansas City, Mo. 64106.

Region VII-1114 Commerce Street, Dallas, Tex. 75202.

Region VIII-Federal Office Building, 19th and Stout Streets, Denver, Colo. 80202. Region IX-Federal Office Building, 50 Fulton Street, San Francisco, Calif. 94102.

(c) Centers are maintained for the Office of the Secretary and the operating agencies, or subsidiaries thereof, at the following locations:

HEW North Building, 330 Independence Avenue SW., Washington, D.C. 20201.

Federal Office Building No. 8, 200 C Street SW., Washington, D.C. 20204.

HEW South Building, 330 C Street SW., Washington, D.C. 20201.

Mental Health, Public Health Service.

Office of Education--.

Social Security Administration__

Social and Rehabilitation Services_

(d) The operating agencies may establish such other information centers as they may hereafter determine. Upon the establishment of such additional center(s) the operating agency shall publish in the FEDERAL REGISTER a notice thereof, containing the address thereof,

pital, Nichols Avenue beyond Anacostia Avenue SE., Washington, D.C. 20032. Federal Office Building No. 6, 400 Maryland Avenue SW., Washington, D.C. 20202. Social Security Building, 6401 Security Boulevard, Baltimore, Md. 21235 (as set forth in 20 CFR Part 401).

HEW North Building, 330 Independence Avenue SW., Washington, D.C. 20201.

materials to be maintained therein, and the official who has a like responsibility to that of the Information Center Officers provided for in § 5.32 or § 5.53.

[32 F.R. 9315, June 30, 1967, as amended at 32 F.R. 14895, Oct. 27, 1967; 33 F.R. 18030, Dec. 4, 1968]

(a) The Central Information Center shall contain or shall have available, as a minimum, the following:

(1) FEDERAL REGISTER, Code of Federal Regulations, and regulations of the Department contained therein;

(2) Precedent final opinions and orders in the adjudication of cases issued subsequent to July 4, 1967;

(3) Administrative staff manuals which affect members of the public; (4) Administrative program manuals which affect members of the public.

(5) Those statements of policy and interpretations issued or adopted after July 4, 1967, and used or relied upon as precedents not otherwise published;

(6) Current indices of the foregoing materials issued, adopted or promulgated after July 4, 1967.

(b) Each Regional Office Information Center shall contain the records required by paragraph (a) of this section and in addition such records appertaining to the activities of that Regional Office as may be determined by the Regional Information Center Officer.

(a) A request for any information or record may be made at (1) the Department's Central Information Center, (2) any Regional Office Information Center, or (3) any subsidiary Information Center of an operating agency. A request may also be made at any appropriate office of the Department or of any operating agency.

(b) Requests made at the Central or a Regional Office Information Center for information or records not located there shall, if reduced to writing by the requester, be forwarded to the proper office. If a request is made at any other Center or office of the Department or any operating agency and the information or record is not located where the request is made, the requester shall be referred to the proper Center or office, or if the request is put in writing it may be forwarded to the proper office.

(c) A request should identify the requested record by brief description, containing the name, number or date as ap

Copies of available records shall be produced as promptly as possible upon receipt of the fee therefor. Copying service shall be limited to not more than two copies of any single page, except that additional copies may be made where administrative considerations permit. Records which are published or available for sale need not be copied.

§ 5.53 Denial of requests for records.

Written requests for inspection or copying of records shall be denied only by the Department's Information Center Officer, the appropriate Information Center Officer of the region or the operating agency, or other duly authorized officer of the operating agency. Denials of written requests shall be in writing. Oral requests may be dealt with orally, but if the requester is dissatisfied with the disposition of such a request he shall be asked to put the request in writing. Subpart E-Fees

§ 5.60 Policy on fees.

It is the policy of the Department to provide routine information to the general public without charge. Special information services involving a benefit that does not accrue to the general public shall be subject to the payment of fees, which shall be fixed in such amounts as to recover the cost to the Government of providing such services. Fees will be charged for the following special services:

(a) Reproduction, copying of records;

duplication,

or

(b) Certification or authentication of records;

(c) Searches of or for records.

$ 5.61 Fee schedules.

Since the cost of such services may vary between operating agencies of the Department due to variations in the way in which records are organized and maintained, in copying equipment, or for other reasons, each operating unit of the Department providing such services shall establish and publish schedules of fees for the above services and on the basis described below. New or modified fee

schedules may be published from time to time in recognition of changes in costs to the Government or changing circumstances. No fee shall be charged for searching for records which are contained in the Department Information Centers designated in or in accordance with § 5.31.

§ 5.62 Publication of fee schedules.

Fee schedules shall be published in the FEDERAL REGISTER by the Assistant Secretary for Administration for the Office of the Secretary and by the agency head for his operating agency. Schedules shall also be posted at the Information Centers and made available to the public when information is requested in writing. [32 F.R. 9315, June 30, 1967, as amended at 32 F.R. 14895, Oct. 27, 1967]

Fees for copy or duplicating services shall be set on a per page basis. The fee shall be maintained as a predetermined standard rate.

§ 5.65 Certification or authentication.

A fee for certification or authentication of records shall be set on a per document basis. The fee shall be on the basis of a predetermined standard rate. Where the request includes making a copy of the record to be certified, the applicable fee for copying will also be charged. Where the requester furnishes a copy of the document to be authenticated or certified which requires comparison with the record on file, a comparing fee based upon predetermined hourly rates will be applicable.

Subpart F-Exemptions

§ 5.70 Exemptions.

No record duly requested shall be withheld from disclosure unless it comes