spection, as described in §§ 4.8 and 4.9. 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 § 4.10 shall constitute the final decision and action of the Department 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 central facility.

§ 4.11 Subpoena or other compulsory

(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 Health, Education, and Welfare 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. § 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 Health, Education, and Welfare for consideration prior to further action.

(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.

proximity to and direct competition with the stand.

§ 5.6 Appeals.

(a) In any intsance where the Department of Commerce official as provided in section 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 Health, Education, and Welfare.

No later than fifteen days following the end of each fiscal year the responsible officials set forth in section 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;

(b) The number of such requests accepted or approved;

(c) The number denied, on which no appeal was made and the number denied

7.21 Purpose.

7.22 Membership.

7.23 Compensation.

7.24 Organization.

7.25 Duties and procedures.

AUTHORITY: The provisions of this Part 7 issued under the authority of the Act of June 30, 1953, 67 Stat. 111, as amended by the Act of Dec. 14, 1967, 81 Stat. 568 (15 U.S.C. 1191 et seq.).

SOURCE: The provisions of this Part 7 appear at 33 F.R. 14642, Oct. 1, 1968, unless otherwise noted.

Subpart A-Procedures for the Development of Flammability Standards § 7.1 Purpose.

The purpose of this Subpart A is to establish procedures relating to the discharge of the responsibilities of the Secretary of Commerce under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193), as amended (sec. 3, Public Law 90-189, 81 Stat. 568, hereinafter referred to as the "Act"), or otherwise provided by law.

For the purposes of this part, the following definitions shall apply:

(a) "Secretary" means the Secretary of Commerce or his duly authorized delegate.

(b) "Article of wearing apparel❞ means any costume or article of clothing worn or intended to be worn by individuals.

(c) "Interior furnishing" means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used, in homes, offices, or other places of assembly or accommodation.

(d) "Fabric" means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used in any product as defined in paragraph (f) of this section.

(e) "Related material" means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in paragraph (f) of this section.

(f) "Product" means any article of wearing apparel or interior furnishing.

(g) "Person" means an individual, partnership, corporation, association, or any other form of public cr business organization.

(h) "Flammability standard" means any standard (including conditions and manner of testing), or other regulation, including any labeling regulation, or any revision or amendment thereto, relating to the flammability of a fabric, related material, or product.

(i) "Written comments" means legible comments, data, arguments, views, or other information, submitted, in writing, by interested persons in at least four copies and for the public record. § 7.3 Records of proceedings.

Records of the Department of Commerce relating to rule-making proceedings which are made available for public inspection and copying in accordance with 5 U.S.C. 552 or other applicable laws or regulations, may be obtained at the Central Reference and Records Inspection Facility of the Department of Commerce, Room 2122, Main Commerce

Building, 14th Street between E Street and Constitution Avenue NW., Washington, D.C. Interested persons may obtain copies upon payment of the prescribed fees.

§ 7.4 Authority of the Secretary to obtain testimony or records by regulation or subpoena.

(a) Subsection 4 (c) of the Act authorizes the Secretary to obtain from any person by regulation or subpoena issued pursuant thereto, such information in the form of testimony, books, records, or other writings as is pertinent to any findings or determinations which he is required or authorized to make under the Act.

(b) All information reported to or otherwise obtained by the Secretary pursuant to subsection 4 (c) of the Act which contains or relates to a trade secret or other matter referred to in 18 U.S.C. 1905 shall be considered confidential for the purposes of section 1905 and withheld from the public record; except, however, that such information may be disclosed to other officers or employees concerned with carrying out the provisions of the Act or disclosed when relevant to any proceeding under the Act. Any information submitted to the Secretary which contains or relates to a trade secret or other matter referred to in 18 U.S.C. 1905 should be clearly so identified and should set forth adequate justification for its inclusion in this category. All such information should be submitted separately from comments for the public record.

§ 7.5 Advance notice of finding that a flammability standard may be needed.

Whenever the Secretary finds on the basis of investigations or research conducted under the authority of subsections 14 (a) or (b) of the Act that a flammability standard for a fabric, related material, or product may be needed to protect the public against unreasonable risk of the occurrence of fire leading to death or personal injury, or significant property damage, he shall publish notice in the FEDERAL REGISTER that such standard may be needed, together with a concise statement of the basis therefor. § 7.6 Proceedings for development of a proposed flammability standard.

(a) Whenever notice is published under section 7.5, the Secretary shall also

publish simultaneously notice in the FEDERAL REGISTER instituting proceedings for the development of an appropriate flammability standard, and inviting any interested person to submit written comments to the Secretary relative to:

(1) The finding published under § 7.5 that a flammability standard may be needed; and,

(2) The terms or substance of a flammability standard that might be adopted in the event that a final finding is made by the Secretary that such a flammability standard is needed.

(b) Written comments shall be postmarked or delivered within 30 days after publication of notice under this section, unless otherwise specified. All materials considered relevant to any statement of fact or argument should be submitted with such written comments.

(c) In order to obtain additional information for the development of a proposed flammability standard and to protect the public interest, the Secretary may invite the views of local, State, or Federal agencies or other interested persons, and may provide also to interested persons the opportunity for oral presentation, as provided in 5 U.S.C. 553, which may include an informal oral hearing. § 7.7 Publication of proposed flammability standard.

(a) As soon as practicable following the conclusion of the initial proceedings under section 7.6, the Secretary shall publish in the FEDERAL REGISTER:

(1) Notice withdrawing his finding that a new or amended flammability standard may be needed: Provided, however, That in no event shall the withdrawal of such finding operate to preclude the conduct of further investigation or research under subsections 14 (a) or (b) of the Act or to preclude the initiation of another proceeding regarding the same or similar subject matter under these procedures; or

(2) Notice of a proposed flammability standard.

(b) Notice of a proposed flammability standard under paragraph (a) (2) of this section shall include:

(1) The provisions of such proposed flammability standard, stated in objective terms; and

(2) The preliminary findings of the Secretary, together with a concise statement of the basis therefor, that such a flammability standard

(1) Is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, injury, or significant property damage; (ii) Is reasonable, technologically practicable, and appropriate; and

(iii) Is limited to such fabrics, related materials, or products which have been determined to present such unreasonable risks.

§ 7.8 Participation of interested persons in rule-making proceedings.

(a) Within 30 days, unless otherwise specified, after publication of notice of a proposed flammability standard under § 7.7, any interested person may participate in these rule-making proceedings in accordance with 5 U.S.C. 553 by submitting written comments relevant to such proposed flammability standard.

(b) The Secretary may solicit the comments of local, State, or Federal agencies or other interested persons, and may provide also to interested persons the opportunity for oral presentation as provided in 5 U.S.C. 553, so as to assure the development of an appropriate standard and protect the public interest. § 7.9 Informal public oral hearings.

(a) The Secretary, in his discretion, may include in the notice published in the FEDERAL REGISTER under § 7.7, an invitation to any interested persons to participate in an informal oral hearing under 5 U.S.C. 553. If no provision for such hearing is contained in the published notice of a proposed flammability standard under § 7.7, any interested person may request, in writing, within fifteen (15) days after publication of such notice, an informal oral hearing under 5 U.S.C. 553. Upon receipt by the Secretary of such a request, an informal public oral hearing shall be granted and notice of this hearing shall be published in the FEDERAL REGISTER at least twenty (20) days in advance thereof.

(b) 5 U.S.C. 556 and 557 do not apply to hearings held under this section. Unless otherwise specified, such hearings shall be informal, nonadversary proceedings, at which there are no formal pleadings or adverse parties. A stenographic transcript of such hearings and exhibits submitted thereat shall be made a part of the public record.

(c) Any oral hearing held under this section shall be conducted by a presiding

officer designated by the Secretary and empowered to establish reasonable procedures governing the conduct of such hearing.

§ 7.10 Adoption of a final flammability standard.

(a) All oral and written comments and other materials received by the Secretary in accordance with any proceedings under this part shall be considered. Comments filed after expiration of the designated time periods may be considered insofar as practicable.

(b) As soon as practicable following the consideration of public comment under paragraph (a) of this section, and after consultation with the National Advisory Committee for the Flammable Fabrics Act, the Secretary shall publish in the FEDERAL REGISTER either:

(1) A final flammability standard stated in objective terms, and the Secretary's final findings with respect to the requirements set forth in subsection 4(b) of the Act, together with a concise statement of the basis of such findings; or

(2) Notice terminating, suspending, or amending the instant proceedings for the adoption of the flammability standard concerned.

(c) In no event shall notice of the termination or suspension of proceedings under this section operate to preclude the conduct of further investigation or research under subsections 14 (a) or (b) of the Act or to preclude the initiation of another proceeding regarding the same or similar subject matter under these procedures.

§ 7.11 Effective date.

Each flammability standard issued under this Subpart A shall become effective 12 months after publication in the FEDERAL REGISTER, unless the Secretary finds for good cause shown that an earlier or later effective date is in the public interest. Any such finding by the Secretary will be published in the FEDERAL REGISTER along with a concise statement of the reasons upon which it is based.

§ 7.12 Exemption for items in inven

tory.

Each flammability standard issued in accordance with this part shall exempt fabrics, related materials, or products in inventory or with the trade as of the