Code of Federal Regulations (alpha)

CFR /  Title 15  /  Part 4  /  Sec. 4.34 Specific exemptions.

(a)(1) Certain systems of records under the Act that are maintained by the Department may occasionally contain material subject to 5 U.S.C. 552a(k)(1), relating to national defense and foreign policy materials. The systems of records published in the Federal Register by the Department that are within this exemption are: COMMERCE/BIS-1, COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11, COMMERCE-PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, and COMMERCE/DEPT-14.

(1) Certain systems of records under the Act that are maintained by the Department may occasionally contain material subject to 5 U.S.C. 552a(k)(1), relating to national defense and foreign policy materials. The systems of records published in the Federal Register by the Department that are within this exemption are: COMMERCE/BIS-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 Sec. 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:

(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/BIS-1, but only on condition that the general exemption claimed in Sec. 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 Sec. 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 Sec. 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:

(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) Special Censuses, Surveys, and Other Studies--COMMECE/CENSUS-3;

(B) Economic Survey Collection--COMMERCE/CENSUS-4;

(C) Decennial Census Program--COMMERCE/CENSUS-5;

(D) Population Census Records for 1910 & All Subsequent Decennial Census--COMMERCE/CENSUS-6;

(E) Other Agency Surveys & Reimbursable--COMMERCE/CENSUS-7;

(F) Statistical Administrative Records System--COMMERCE/CENSUS-8;

(G) Longitudinal Employer-Household Dynamics System--COMMERCE/CENSUS-9; and

(H) Foreign Trade Statistics--COMMERCE/CENSUS-12.

(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:

(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-1;

(F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-3;

(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 Sec. 4.33(b)(3) is held to be valid;

(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). [66 FR 65632, Dec. 20, 2001, as amended at 79 FR 62565, Oct. 20, 2014]

Sec. 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

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 Departmental FOIA Office identified in paragraph (1) of this appendix. The telephone and facsimile numbers for each component are included after its address, as well as email addresses for components that maintain an email address for the purposes of receiving of FOIA and Privacy Act requests. Records of components that are required to be made publicly available are available electronically either through the Department's ``Electronic FOIA Library'' on the Department's Web site, http://www.doc.gov, as described in Sec. 4.2(a), or the component's separate online Electronic FOIA Library as indicated below. Components that maintain a public inspection facility are designated as such below. These public inspection facilities records are open to the public Monday through Friday (i.e., excluding Saturdays, Sundays, and legal public holidays) between 9:00 a.m. and 4:00 p.m. local time of the facility at issue. The Departmental Freedom of Information Act Officer is authorized to revise this appendix to reflect changes in the information contained in it. Any such revisions shall be posted on the Department's ``FOIA Home Page'' link found at the Department's Web site, http://www.doc.gov.

(1) U.S. Department of Commerce, Office of Privacy and Open Government, Departmental FOIA Office, 14th and Constitution Avenue NW., Mail Stop A300, Washington, DC 20230; Phone: (202) 482-3258; Fax: (202) 482-0827; Email: EFoia@doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains an online Electronic FOIA Library through the Department's Web site, http://www.doc.gov. This online Electronic FOIA Library 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 online Electronic FOIA Libraries.

(2) Bureau of the Census, Policy Coordination Office, U.S. Department of Commerce, Room 8H027, 4600 Silver Hill Road, Suitland, Maryland 20233; Ph.: (301) 763-6440; Fax: (301) 763-6239 (ATTN.: FOIA Office); Email: cemsus.efoia@census.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.census.gov.

(3) Bureau of Economic Analysis/Economic and Statistics Administration, Office of the Under Secretary for Economic Affairs, U.S. Department of Commerce, 14th and Constitution Avenue NW., Mail Stop H4836, Washington, DC 20230; Ph.: (202) 482-5997; Fax: (202) 482-2889; Email: EFOIAESA@doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.esa.doc.gov.

(4) Bureau of Industry and Security, Office of Administration, U.S. Department of Commerce, 14th and Constitution Avenue NW., Mails Stop H6622, Washington, DC 20230; Ph.: (202) 482-0953; Fax: (202) 482-0326; Email: efoiarequest@bis.doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.bis.doc.gov.

(5) Economic Development Administration, Office of the Chief Counsel, U.S. Department of Commerce, 14th and Constitution Avenue NW., Room 7325, Washington, DC 20230; Ph.: (202) 482-3085; Fax: (202) 482-5671; FOIAonline: http://foiaonline.regulations.gov. This component does not maintain a separate online Electronic FOIA Library, nor do any of the following Regional EDA offices.

(i) Atlanta Regional Office, EDA, U.S. Department of Commerce, 401 West Peachtree Street NW., Suite 1820, Atlanta, Georgia 30308; Ph.: (404) 730-3006.

(ii) Austin Regional Office, EDA, U.S. Department of Commerce, 504 Lavaca Street, Suite 1100, Austin, Texas 78701; Ph.: (512) 381-8165.

(iii) Chicago Regional Office, EDA, U.S. Department of Commerce, 111 North Canal Street, Suite 855, Chicago, Illinois 60606; Ph.: (312) 353-8143.

(iv) Denver Regional Office, EDA, U.S. Department of Commerce, 410 17th Street, Suite 250, Denver, Colorado 80202; Ph.: (303) 844-4404.

(v) Philadelphia Regional Office, EDA, U.S. Department of Commerce, Curtis Center, Suite 140 South, 601 Walnut Street, Philadelphia, Pennsylvania 19106; Ph.: (215) 597-7896.

(vi) Seattle Regional Office, EDA, U.S. Department of Commerce, Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle, Washington 98174; Ph.: (206) 220-7663.

(6) International Trade Administration, Office of Strategic Resources, U.S. Department of Commerce, 14th and Constitution Avenue NW., Room 40003, Washington, DC 20230; Ph.: (202) 482-7937; Fax: (202) 482-1584; Email: foia@trade.gov; FOIAonline: http://foiaonline.regulations.gov. This component does not maintain a separate online Electronic FOIA Library.

(7) Minority Business Development Agency, Office of Administration and Employee Support Services, U.S. Department of Commerce, 14th and Constitution Avenue NW., Room 5092, Washington, DC 20230; Ph.: (202) 482-2419; Fax: (202) 482-2500; Email: FOIA@mbda.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.mbda.gov.

(8) National Institute of Standards and Technology, Management and Organization Office, U.S. Department of Commerce, 100 Bureau Drive, Mail Stop 1710, Gaithersburg, Maryland 20899-1710; Ph.: (301) 975-4054; Fax: (301) 975-5301; Email: foia@nist.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate public inspection facility at the Administration Building, Gaithersburg, Maryland. Please call (301) 975-4054 for inspection facility directions and hours. This component does not maintain a separate online Electronic FOIA Library.

(9) National Oceanic and Atmospheric Administration, U.S. Department of Commerce, 1315 East-West Highway (SSMC3), Room 9719, Silver Spring, Maryland 20910; Ph.: (301) 628-5658; Fax: (301) 713-1169; Email: foia@noaa.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.noaa.gov.

(10) National Technical Information Service, Office of the Chief Information Officer, U.S. Department of Commerce, 5301 Shawnee Road, Room 227, Alexandria, Virginia 22312; Ph.: (703) 605-6710; Fax: (703) 605-6764; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.ntis.gov.

(11) National Telecommunications and Information Administration, Office of the Chief Counsel, U.S. Department of Commerce, 14th and Constitution Avenue NW., Mail Stop 4713, Washington, DC 20230; Ph.: (202) 482-1816; Fax: (202) 501-8013; Email: eFOIA@NTIA.doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component does not maintain a separate online Electronic FOIA Library.

(12) Office of Inspector General, FOIA and Records Management Specialist, U.S. Department of Commerce, 14th and Constitution Avenue NW., Room 7099C, Washington, DC 20230; Ph.: (202) 482-3470; Fax: (202) 501-7921; Email: FOIA@oig.doc.gov; FOIAonline: http://foiaonline.regulations.gov. This component maintains a separate online Electronic FOIA Library through its Web site, http://www.oig.doc.gov. [79 FR 62566, Oct. 20, 2014]

Sec. 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

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. 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 on the Department's ``FOIA Home Page'' link found at the Department's Web site, http://www.doc.gov.---------------------------------------------------------------------------

\1\ The foregoing officials have sole authority under Sec. 4.7(c) 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 OfficerOffice of Business Liaison: DirectorOffice of Public Affairs: Director; Deputy Director; Press Secretary; Deputy Press SecretaryAssistant Secretary for Legislative and Intergovernmental Affairs; Deputy Assistant Secretary for Legislative and Intergovernmental AffairsOffice of Inspector General: Freedom of Information Act OfficerOffice of the General Counsel: Deputy General Counsel; Assistant General Counsel for AdministrationOffice of Executive Support: DirectorOffice of Chief Information Officer: Director

ASSISTANT SECRETARY FOR ADMINISTRATION Office of Civil Rights: DirectorOffice of Budget: DirectorOffice of Privacy and Open Government: Director Departmental Freedom of Information OfficerOffice of Program Evaluation and Risk Management: DirectorOffice of Financial Management: DirectorOffice of Human Resources Management: Director; Deputy DirectorOffice of Administrative Services: DirectorOffice of Security: DirectorOffice of Acquisition Management: DirectorOffice of Acquisition Services: DirectorOffice of Small and Disadvantaged Business Utilization: Director

BUREAU OF INDUSTRY AND SECURITY Under SecretaryDeputy Under SecretaryDirector, Office of AdministrationDirector, Office of Planning, Evaluation and ManagementAssistant Secretary for Export AdministrationDeputy Assistant Secretary for Export AdministrationDirector, Office of Strategic Industries and Economic SecurityDirector, Office of Nonproliferation Controls and Treaty ComplianceDirector, Office of Exporter ServicesAssistant Secretary for Export Enforcement Deputy Assistant Secretary for Export EnforcementDirector, Office of Export EnforcementDirector, Office of Enforcement AnalysisDirector, Office of Antiboycott Compliance

ECONOMICS AND STATISTICS ADMINISTRATION Office of Administration: DirectorBureau of Economic Analysis: DirectorBureau of the Census: Freedom of Information Act Officer

ECONOMIC DEVELOPMENT ADMINISTRATION Freedom of Information Officer

INTERNATIONAL TRADE ADMINISTRATION

Executive Administration Under Secretary for International TradeDeputy Under Secretary for International TradeChief Counsel for International TradeChief Counsel for Enforcement and ComplianceTrade Promotion Coordinating Committee SecretariatDirector, Office of Public AffairsDirector, Office of Legislative and Intergovernmental AffairsChief Information OfficerDeputy Chief Information OfficerChief Administrative Officer, Office of the Chief Information OfficerChief Financial and Administration OfficerDeputy Chief Financial Administrative OfficerDirector, Budget DivisionDirector, Financial Management and Administrative Oversight DivisionDirector, Business Operations and Policy Compliance DivisionDirector, Performance Management and Employee Programs DivisionFreedom of Information Act Officer

Enforcement and Compliance Assistant Secretary for Enforcement and ComplianceDeputy Assistant Secretary for Enforcement and ComplianceDirector, Office of Foreign Trade Zones StaffDirector, Office of Operations SupportDeputy Assistant Secretary for Antidumping and Countervailing Duty OperationsExecutive Director, Antidumping and Countervailing Duty OperationsDirector, Office of Antidumping and Countervailing Duty Enforcement IDirector, Office of Antidumping and Countervailing Duty Enforcement IIDirector, Office of Antidumping and Countervailing Duty Enforcement IIIDirector, Office of Antidumping and Countervailing Duty Enforcement IVDirector, Office of Antidumping and Countervailing Duty Enforcement VDirector, Office of Antidumping and Countervailing Duty Enforcement VIDirector, Office of Antidumping and Countervailing Duty Enforcement VIIDeputy Assistant Secretary for Policy & NegotiationsDirector, Office of Trade Agreements Negotiations and ComplianceDirector, Office of AccountingDirector, Office of Policy

Global Markets Assistant Secretary of Global Markets and Director General for the US&FCS;Deputy Director GeneralPrincipal Deputy Assistant SecretaryExecutive Director, Advocacy CenterDirector, Business Information and Technology OfficeDirector, Global Knowledge CenterDirector, Office of BudgetDirector, Office of Foreign Service Human CapitalDirector, Office of Strategic PlanningDirector, Office of Administrative ServicesExecutive Director, SelectUSADeputy Assistant Secretary for U.S. FieldNational U.S. Field DirectorDeputy Assistant Secretary for AsiaExecutive Director for AsiaDirector, Office of the ASEAN and Pacific BasinDirector, Office of East Asia and APECDirector, Office of South AsiaDeputy Assistant Secretary for China, Hong Kong, and MongoliaExecutive Director for China, Hong Kong, and MongoliaDirector, Office of China, Hong Kong, and MongoliaDeputy Assistant Secretary for Western HemispheresExecutive Director for Western HemispheresDirector, Office of North and Central AmericaDirector, Office of South AmericaDeputy Assistant Secretary for Europe, Middle East, and AfricaExecutive Deputy Assistant Secretary for Europe, Middle East, and AfricaExecutive Director for Europe and EurasiaDirector, Office of Europe Country AffairsDirector, Office of the European UnionDirector, Office of Russia, Ukraine, and EurasiaExecutive Director for Africa and Middle EastDirector, Office of the Middle East and North AfricaDirector, Office of Sub-Saharan Africa

Industry and Analysis Assistant Secretary for Industry and AnalysisDeputy Assistant Secretary for Industry and AnalysisTrade Agreements SecretariatExecutive Director, Office of Trade Programs and Strategic PartnershipsDirector, Trade Promotion ProgramsDirector, Strategic PartnershipsDirector, Office of Advisory Committees and Industry OutreachDirector, Office of Planning, Coordination and ManagementDeputy Assistant Secretary for ServicesDirector, Office of Financial and Insurance IndustriesDirector, Office of Digital Service IndustriesDirector, Office of Supply Chain, Professional and Business ServicesExecutive Director for National Travel and Tourism OfficeDirector, Office of Travel and Tourism IndustriesDeputy Assistant Secretary for Trade Policy and AnalysisDirector, Office of Standards and Investment PolicyDirector, Office of Trade and Economic AnalysisDirector, Office of Trade Negotiations and AnalysisDirector, Office of Intellectual Property RightsDeputy Assistant Secretary for ManufacturingDirector, Office of Energy and Environmental IndustriesDirector, Office of Transportation and MachineryDirector, Office of Health and Information TechnologiesDeputy Assistant Secretary for Textiles, Consumer Goods, and MaterialsDirector, Office of Textiles and AppealDirector, Office of MaterialsDirector, Office of Consumer Goods

MINORITY BUSINESS DEVELOPMENT AGENCY Chief CounselFreedom of Information Officer

NATIONAL INSTITUTE OF STANDARDS AND TECNOLOGY Chief, Management and Organization OfficeNIST Counsel

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Under SecretaryDeputy Under Secretary for OperationsChief, Resource and Operations ManagementDirector, Office of Communications and External AffairsDirector, Office of Marine and Aviation OperationsGeneral CounselDeputy General CounselAssistant Administrator for National Ocean ServicesDeputy Assistant Administrator for National Ocean ServicesAssistant Administrator for National Marine Fisheries ServiceDeputy Assistant Administrator for Operations for National Marine Fisheries ServiceDeputy Assistant Administrator for Regulatory Programs for National Marine Fisheries ServiceAssistant Administrator for National Weather ServicesDeputy Assistant Administrator for National Weather ServicesAssistant Administrator for National Environmental Satellite, Data, and Information ServiceDeputy Assistant Administrator for National Environmental Satellite, Data, and Information ServiceAssistant Administrator for Oceanic and Atmospheric ResearchDeputy Assistant Administrator for Programs & Administration (Oceanic and Atmospheric Research)Assistant Administrator for Program, Planning and IntegrationChief Administrative OfficerChief Financial OfficerChief Information OfficerDirector, Acquisition and Grants OfficeDeputy Director, Acquisition and Grants OfficeHead of Contracting Offices, Acquisition and Grants OfficeDirector, Workforce Management OfficeSenior Advisor for International AffairsDirector, Office of Legislation & Intergovernmental AffairsFreedom of Information Officer

NATIONAL TECHNICAL INFORMATION SERVICE DirectorDeputy DirectorChief Financial Officer/Associate Director for Finance and Administration

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION Deputy Assistant SecretaryChief CounselDeputy Chief Counsel [79 FR 62567, Oct. 20, 2014]

Sec. 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 ------------------------------------------------------------------------

Category of records Other Federal Agency------------------------------------------------------------------------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.------------------------------------------------------------------------\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.