CCLME.ORG - 15 CFR PART 4—DISCLOSURE OF GOVERNMENT INFORMATION
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(continued) n the Federal Register by the Department that are within this exemption are:


COMMERCE/ITA–1, COMMERCE/ITA–2, COMMERCE/ITA–3, COMMERCE/NOAA–11, COMMERCE/PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, and COMMERCE/DEPT-14.


(2) The Department hereby asserts a claim to exemption of such materials wherever they might appear in such systems of records, or any systems of records, at present or in the future. The materials would be exempt from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f), because the materials are required by Executive order to be kept secret in the interest of the national defense and foreign policy.

(b) The specific exemptions determined to be necessary and proper with respect to systems of records maintained by the Department, including the parts of each system to be exempted, the provisions of the Act from which they are exempted, and the justification for the exemption, are as follows:

(1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt hereunder appear in paragraph (a) of this section. The claims for exemption of COMMERCE/DEPT–12, COMMERCE/ITA–1, and COMMERCE/NOAA–11 under this paragraph are subject to the condition that the general exemption claimed in §4.33(b)(3) is held to be invalid.

(2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows:

(A) Individuals identified in Export Administration compliance proceedings or investigations—COMMERCE/ITA–1, but only on condition that the general exemption claimed in §4.33(b)(1) is held to be invalid;

(B) Individuals involved in export transactions—COMMERCE/ITA–2;

(C) Fisheries Law Enforcement Case Files—COMMERCE/NOAA–11, but only on condition that the general exemption claimed in §4.33(b)(2) is held to be invalid;

(D) Investigative and Inspection Records—COMMERCE/DEPT–12, but only on condition that the general exemption claimed in §4.33(b)(3) is held to be invalid;

(E) Investigative Records—Persons Within the Investigative Jurisdiction of the Department—COMMERCE/DEPT–13;

(F) Litigation, Claims and Administrative Proceeding Records—COMMERCE/DEPT–14; and

(ii) The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). The reasons for asserting the exemption are to prevent subjects of investigation from frustrating the investigatory process; to ensure the proper functioning and integrity of law enforcement activities; to prevent disclosure of investigative techniques; to maintain the ability to obtain necessary information; to fulfill commitments made to sources to protect their identities and the confidentiality of information; and to avoid endangering these sources and law enforcement personnel. Special note is taken that the proviso clause in this exemption imports due process and procedural protections for the individual. The existence and general character of the information exempted shall be made known to the individual to whom it pertains.

(3)(i) Exempt under 5 U.S.C. 552a(k) (4). The systems of records exempt, the sections of the Act from which exempted, and the reasons therefor are as follows:

(A) Agriculture Census Records for 1974 and 1978—COMMERCE/CENSUS–1;

(B) Individual and Household Statistical Surveys and Special Census Studies Records—COMMERCE/CENSUS–3;

(C) Minority-Owned Business Enterprises Survey Records—COMMERCE/CENSUS–4;

(D) Population and Housing Census Records of the 1960 and Subsequent Censuses—COMMERCE/ CENSUS–5;

(E) Population Census Personal Service Records for 1900 and All Subsequent Decennial Censuses—COMMERCE/CENSUS–6; and

(F) Special Censuses of Population Conducted for State and Local Government—COMMERCE/CENSUS–7.

(G) Statistical Administrative Records System—COMMERCE/CENSUS–8.

(ii) The foregoing are exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G) (H), and (I), and (f). The reasons for asserting the exemption are to comply with the prescription of Title 13 of the United States Code, especially sections 8 and 9 relating to prohibitions against disclosure, and to avoid needless consideration of these records whose sole statistical use comports fully with a basic purpose of the Act, namely, that no adverse determinations are made from these records as to any identifiable individual.

(4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records exempt (some only conditionally), the sections of the Act from which exempted, and the reasons therefor are as follows:

(A) Applications to U.S. Merchant Marine Academy (USMMA)—COMMERCE/MA–1;

(B) USMMA Midshipman Medical Files—COMMERCE/MA–17;

(C) USMMA Midshipman Personnel Files—COMMERCE/MA–18;

(D) USMMA Non-Appropriated fund Employees—COMMERCE/MA–19;

(E) Applicants for the NOAA Corps—COMMERCE/NOAA–4;

(F) Commissioned Officer Official Personnel Folders—COMMERCE/NOAA–7;

(G) Conflict of Interest Records, Appointed Officials—COMMERCE/DEPT–3;

(H) Investigative and Inspection Records—COMMERCE/DEPT–12, but only on condition that the general exemption claimed in §4.33(b)(3) is held to be invalid;

(I) Investigative Records—Persons Within the Investigative Jurisdiction of the Department—COMMERCE/DEPT–13; and

(J) Litigation, Claims, and Administrative Proceeding Records—COMMERCE/DEPT–14.

(ii) The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f). The reasons for asserting the exemption are to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, ultimately, to facilitate proper selection or continuance of the best applicants or persons for a given position or contract. Special note is made of the limitation on the extent to which this exemption may be asserted. The existence and general character of the information exempted will be made known to the individual to whom it pertains.

(c) At the present time, the Department claims no exemption under 5 U.S.C. 552a(k) (3), (6) and (7).

Appendix A to Part 4—Freedom of Information Public Inspection Facilities, and Addresses for Requests for Records Under the Freedom of Information Act and Privacy Act, and Requests for Correction or Amendment Under the Privacy Act
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Each address listed below is the respective component's mailing address for receipt and processing of requests for records under the Freedom of Information Act and Privacy Act, for requests for correction or amendment under the Privacy Act and, unless otherwise noted, its public inspection facility for records available to the public under the Freedom of Information Act. Requests should be addressed to the component the requester knows or has reason to believe has possession of, control over, or primary concern with the records sought. Otherwise, requests should be addressed to the Central Reference and Records Inspection Facility. The telephone number for each component is included after its address. Public inspection facilities are open to the public Monday through Friday (excluding Saturdays, Sundays, and legal public holidays) between 9 a.m. and 4 p.m. local time of the facility at issue. Certain public inspection facility records of components are also available electronically through the Department's “FOIA Home Page” link found at the Department's World Wide Web site (http://www.doc.gov)), as described in §4.2(b). The Departmental Freedom of Information Officer is authorized to revise this appendix to reflect changes in the information contained in it. Any such revisions shall be posted at the Department's “FOIA Home Page” link found at the Department's World Wide Web site (http://www.doc.gov).

(1) Department of Commerce Freedom of Information Central Reference and Records Inspection Facility, U.S. Department of Commerce, Room 6022, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–4115. This facility serves the Office of the Secretary, all other components of the Department not identified below, and those components identified below that do not have separate public inspection facilities.

(2) Bureau of the Census, Policy Office, U.S. Department of Commerce, Federal Building 3, Room 2430, Suitland, Maryland 20233; (301) 457–2520. This agency maintains a separate public inspection facility in Room 2455, Federal Building 3, Suitland, Maryland 20233.

(3) Bureau of Economic Analysis/Economics and Statistics Administration, Office of the Under Secretary for Economic Affairs, Department of Commerce, Room 4836, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–3308. This component does not maintain a separate public inspection facility.

(4) Bureau of Export Administration, Office of Administration, U.S. Department of Commerce, Room 6883, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–0500. This component does not maintain a separate public inspection facility.

(5) Economic Development Administration, Office of the Chief Counsel, U.S. Department of Commerce, Room 7005, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–4687. Regional EDA offices (none of the following regional EDA offices maintains a separate public inspection facility):

(i) Philadelphia Regional Office, EDA, U.S. Department of Commerce, Curtis Center, Suite 140 South, Independence Square West, Philadelphia, Pennsylvania 19106; (215) 597–7896.

(ii) Atlanta Regional Office, EDA, U.S. Department of Commerce, 401 West Peachtree Street, NW, Suite 1820, Atlanta, GA 30308; (404) 730–3006.

(iii) Denver Regional Office, EDA, U.S. Department of Commerce, Room 670, 1244 Speer Boulevard, Denver, Colorado 80204; (303) 844–4716.

(iv) Chicago Regional Office, EDA, U.S. Department of Commerce, 111 North Canal Street, Suite 855, Chicago, IL 60606; (312) 353–8580.

(v) Seattle Regional Office, EDA, U.S. Department of Commerce, Jackson Federal Building, Room 1856, 915 Second Avenue, Seattle WA 98174; (206) 220–7701.

(vi) Austin Regional Office, EDA, U.S. Department of Commerce, 327 Congress Avenue, Suite 200, Austin, Texas 78701; (512) 381–8169.

(6) International Trade Administration, Office of Organization and Management Support, U.S. Department of Commerce, Room 4001, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–3032.

(7) Minority Business Development Agency, Data Resources Division, U.S. Department of Commerce, Room 5084, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–2025. This agency does not maintain a separate public inspection facility.

(8) National Institute of Standards and Technology, Management and Organization Division, Administration Building, Room A525, 100 Bureau Drive, Gaithersburg, Maryland 20899; (301) 975–4054. This agency maintains a separate public inspection facility in Room E–106, Administration Building, Gaithersburg, Maryland.

(9) National Oceanic and Atmospheric Administration, Public Reference Facility (OFAx2) 1315 East West Highway (SSMC3), Room 10730, Silver Spring, Maryland 20910; (301) 713–3540.

(10) National Technical Information Service, Office of Administration, 5285 Port Royal Road, Springfield, Virginia 22161; (703) 605–6449. This agency does not maintain a separate public inspection facility.

(11) National Telecommunications and Information Administration, Office of the Chief Counsel, U.S. Department of Commerce, Room 4713, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–1816. This component does not maintain a separate public inspection facility.

(12) Office of Inspector General, Counsel to the Inspector General, U.S. Department of Commerce, Room 7892, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–5992. This component does not maintain a separate public inspection facility.

(13) Technology Administration, Office of the Under Secretary, U.S. Department of Commerce, Room 4835, 14th and Constitution Avenue, NW, Washington, DC 20230; (202) 482–1984. This component does not maintain a separate public inspection facility.

Appendix B to Part 4—Officials Authorized to Deny Requests for Records Under the Freedom of Information Act, and Requests for Records and Requests for Correction or Amendment Under the Privacy Act
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The officials of the Department listed below and their superiors have authority, with respect to the records for which each is responsible, to deny requests for records under the FOIA, 1 and requests for records and requests for correction or amendment under the PA. In addition, the Departmental Freedom of Information Officer and the Freedom of Information Officer for the Office of the Secretary have the foregoing FOIA and PA denial authority for all records of the Department, and the Departmental Freedom of Information officer is authorized to assign that authority, on a case-by-case basis only, to any of the officials listed below, if the records responsive to a request include records for which more than one official listed below is responsible. The Departmental Freedom of Information Officer is authorized to revise this appendix to reflect changes in designation of denial officials. Any such revisions shall be posted at the Department's “FOIA Home Page” link found at the Department's World Wide Web site (http://www.doc.gov).

1 The foregoing officials have sole authority under §4.7(b) to deny requests for records in any respect, including, for example, denying requests for reduction or waiver of fees.

Office of the Secretary

Office of the Secretary: Executive Secretary; Freedom of Information Officer

Office of Business Liaison: Director

Office of Public Affairs: Director; Deputy Director; Press Secretary; Deputy Press Secretary

Assistant Secretary for Legislative and Intergovernmental Affairs; Deputy Assistant Secretary for Legislative and Intergovernmental Affairs

Office of the Inspector General: Counsel to the Inspector General; Deputy Counsel to the Inspector General

Office of the General Counsel: Deputy General Counsel; Assistant General Counsel for Administration

Office of Executive Support: Director

Assistant Secretary for Administration

Office of Civil Rights: Director

Office of Budget: Director

Office of Management and Organization: Director

Office of Chief Information Officer: Director

Office of Executive Budgeting and Assistance Management: Director

Office of Executive Assistance Management: Director; Grants Officer

Departmental Freedom of Information Officer.

Office of Financial Management: Director

Office of Human Resources Management: Director; Deputy Director.

Office of Administrative Services: Director

Office of Security: Director, Deputy Director

Office of Acquisition Management: Director

Office of Acquisition Services: Director

Office of Small and Disadvantaged Business Utilization: Director

Bureau of Export Administration

Under Secretary

Deputy Under Secretary

Director, Office of Administration

Director, Office of Planning, Evaluation and Management

Assistant Secretary for Export Administration

Deputy Assistant Secretary for Export Administration

Director, Office of Strategic Industries and Economic Security

Director, Office of Nonproliferation Controls and Treaty Compliance

Director, Office of Strategic Trade and Foreign Policy Controls

Director, Office of Exporter Services

Assistant Secretary for Export Enforcement

Deputy Assistant Secretary for Export Enforcement

Director, Office of Export Enforcement

Director, Office of Enforcement Analysis

Director, Office of Antiboycott Compliance

Economics and Statistics Administration

Office of Administration: Director

Bureau of Economic Analysis: Director

Bureau of the Census: Manager, Freedom of Information Act

Economic Development Administration

Freedom of Information Officer

International Trade Administration

Under Secretary for International Trade

Deputy Under Secretary for International Trade

Counselor to the Department

Director, Trade Promotion Coordinating Committee Secretariat

Director, Office of Public Affairs

Director, Office of Legislative and Intergovernmental Affairs

Administration

Chief Financial Officer and Director of Administration

Director, Office of Organization and Management Support

Director, Office of Human Resources Management

Director, Office of Information Resources Management

ITA Freedom of Information Officer

Import Administration

Assistant Secretary for Import Administration

Deputy Assistant Secretary for Antidumping and Countervailing Duty Enforcement I

Deputy Assistant Secretary for Antidumping and Countervailing Duty Enforcement II

Deputy Assistant Secretary for Antidumping and Countervailing Duty Enforcement III

Director for Policy and Analysis

Director, Office of Policy

Director, Office of Accounting

Director, Central Records Unit

Director, Foreign Trade Zones Staff

Director, Statutory Import Programs Staff

Director, Office of Antidumping Countervailing Duty Enforcement I

Director, Office of Antidumping Countervailing Duty Enforcement II

Director, Office of Antidumping Countervailing Duty Enforcement III

Director, Office of Antidumping Countervailing Duty Enforcement IV

Director, Office of Antidumping Countervailing Duty Enforcement V

Director, Office of Antidumping Countervailing Duty Enforcement VI

Director, Office of Antidumping Countervailing Duty Enforcement VII

Director, Office of Antidumping Countervailing Duty Enforcement VIII

Director, Office of Antidumping Countervailing Duty Enforcement IX

Market Access and Compliance

Assistant Secretary for Market Access and Compliance

Deputy Assistant Secretary for Agreements Compliance

Deputy Assistant Secretary for the Middle East and North Africa

Deputy Assistant Secretary for Europe

Deputy Assistant Secretary for the Western Hemisphere

Deputy Assistant Secretary for Asia and the Pacific

Deputy Assistant Secretary for Africa

Director, Office of Policy Coordination

Director, Office of Multilateral Affairs

Director, Trade Compliance Center

Director, Office of the Middle East and North Africa

Director, Office of European Union and Regional Affairs

Director, Office of Eastern Europe, Russia and Independent States

Director, Office of Latin America and the Caribbean

Director, Office of NAFTA and Inter-American Affairs

Director, Office of China Economic Area

Director, Office of the Pacific Basin

Director, Office of South Asia and Oceania

Director, Office of Japan

Director, Office of Africa

Trade Development

Assistant Secretary for Trade Development

Deputy Assistant Secretary for Transportation and Technology Industries

Deputy Assistant Secretary for Textiles, Apparel and Consumer Goods Industries

Deputy Assistant Secretary for Service Industries and Finance

Deputy Assistant Secretary for Basic Industries

Deputy Assistant Secretary for Information Technology Industries

Deputy Assistant Secretary for Environmental Technologies Industries

Deputy Assistant Secretary for Tourism Industries

Director, Office of Export Promotion Coordination

Director, Trade Information Center

Director, Office of Trade and Economic Analysis

Director, Advocacy Center

Director, Office of Planning, Coordination and Resource Management

Director, Office of Aerospace

Director, Office of Automotive Affairs

Director, Office of Microelectronics, Medical Equipment and Instrumentation

Director, Office of Textiles and Apparel

Director, Office of Consumer Goods

Director, Office of Environmental Technologies

Director, Office of Export Trading Company Affairs

Director, Office of Finance

Director, Office of Service Industries

Director, Office of Metals, Materials and Chemicals

Director, Office of Energy, Infrastructure and Machinery

Director, Office of Electronic Commerce

Director, Office of Information Technologies

Director, Office of Telecommunications Technologies

U.S. and Foreign Commercial Service

Assistant Secretary and Director General

Deputy Director General

Deputy Assistant Secretary for International Operations

Deputy Assistant Secretary for Export Promotion Services

Deputy Assistant Secretary for Domestic Operations

Director, Office of Information Systems

Director, Office of Planning

Director, Office of Foreign Service Human Resources

Director for Europe

Director for Western Hemisphere

Director for East Asia and the Pacific

Director, Multilateral Development Bank Operations

Director, Office of Public/Private Initiatives

Director, Office of Export Information and Marketing Services

Director, Office of Operations

Minority Business Development Administration

Freedom of Information Officer

National Oceanic and Atmospheric Administration

Under Secretary

Assistant Secretary

Director, Office of Public and Constituent Affairs

Director, Office of Marine and Aviation Operations

General Counsel

Assistant Administrator for Ocean Services and Coastal Zone Management

Assistant Administrator for Fisheries

Assistant Administrator for Weather Services

Assistant Administrator for Satellite and Information Services

Assistant Administrator for Oceanic and Atmospheric Research

Office of Finance and Administration: Chief Financial Officer/Chief Administrative Officer

Director, Acquisition and Grants Office

Director, Systems Acquisition Office

Director, Human Resources Management Office

Director, Office of Finance

Director, Budget Office

Director, Facilities Office

Director, Information Systems Management Office

Director, Eastern Administrative Support Center

Director, Central Administrative Support Center

Director, Mountain Administrative Support Center

Director, Western Administrative Support Center

Freedom of Information Officer

National Telecommunications and Information Administration

Deputy Assistant Secretary

Chief Counsel

Deputy Chief Counsel

Technology Administration

Under Secretary for Technology

Deputy Under Secretary for Technology

Assistant Secretary for Technology Policy

Deputy Assistant Secretary for Technology Policy

Chief Counsel

Deputy Chief Counsel

Senior Counsel for Internet Technology

National Institute of Standards and Technology: Director for Administration and Chief Financial Officer; Chief, Management and Organization Division; NIST Counsel.

National Technical Information Service: Director; Deputy Director; Chief Financial Officer/Associate Director for Finance and Administration.

[66 FR 65632, Dec. 20, 2001, as amended at 70 FR 47725, Aug. 15, 2005; 70 FR 75730, Dec. 21, 2005]

Appendix C to Part 4—Systems of Records Noticed by Other Federal Agencies and Applicable to Records of the Department and Applicability of this Part Thereto
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Category of records Other Federal Agency
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Federal Personnel Records........ Office of Personnel Management.\1\
Federal Employee Compensation Act Department of Labor.\2\
Program Program.
Equal Employment Opportunity Equal Employment Opportunity
Appeal Complaints. Commission.\3\
Formal Complaints/Appeals of Merit Systems Protection Board.\4\
Adverse Personnel Actions.
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\1\ The provisions of this part do not apply to these records covered by
notices of systems of records published by the Office of Personnel
Management for all agencies. The regulations of OPM alone apply.
\2\ The provisions of this part apply only initially to these records
covered by notices of systems of records published by the U.S.
Department of Labor for all agencies. The regulations of that
Department attach at the point of any denial for access or for
correction or amendment.
\3\ The provisions of this part do not apply to these records covered by
notices of systems of records published by the Equal Employment
Opportunity Commission for all agencies. The regulations of the
Commission alone apply.
\4\ The provisions of this part do not apply to these records covered by
notices of systems of records published by the Merit Systems
Protection Board for all agencies. The regulations of the Board alone
apply.