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116 rows where part_number = 1206 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:5.0.1.1.8.1.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | A | Subpart A—Basic Policy | § 1206.100 Scope. | NASA | This part 1206 establishes the policies, responsibilities, and procedures for the release of Agency records which are under the jurisdiction of the National Aeronautics and Space Administration, hereinafter NASA, to members of the public. This part applies to information and Agency records located at NASA Headquarters, and NASA Centers, including Component Facilities and Technical and Service Support Centers, herein NASA Headquarters and Centers, as defined in this part. | |||||
| 14:14:5.0.1.1.8.1.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | A | Subpart A—Basic Policy | § 1206.101 General policy. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54774, Oct. 11, 2019] | (a) In compliance with the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552, a positive and continuing obligation exists for NASA, herein Agency, to make available to the fullest extent practicable upon request by members of the public, all Agency records under its jurisdiction, as described in this regulation. (b) Part 1206 does not entitle any person to any service or to the disclosure of any record that is not required under the FOIA. (c) The disclosure of exempt records, without authorization by the appropriate NASA official, is not an official release of information; accordingly, it is not a FOIA release. Such a release does not waive the authority of NASA to assert FOIA exemptions to withhold the same records in response to a FOIA request. In addition, while the authority may exist to disclose records to individuals in their official capacity, the provisions of this part apply if the same individual seeks the records in a private or personal capacity. | ||||
| 14:14:5.0.1.1.8.2.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | B | Subpart B—Types of Records To Be Made Available | § 1206.200 Publishing of records. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54774, Oct. 11, 2019] | (a) Records required to be published in the Federal Register. The following records are required to be published in the Federal Register, for codification in Title 14, Chapter V, of the CFR. (1) Description of NASA Headquarters and NASA Centers and the established places at which, the employees 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 NASA's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (3) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions regarding 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 NASA; (5) Each amendment, revision, or repeal of the foregoing. (b) Agency opinions, orders, statements, and manuals. (1) Unless they are exempt from disclosure in accordance with the FOIA, or unless they are promptly published and copies offered for sale, NASA shall make available the following records for public inspection in an electronic format or purchase: (i) All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases; (ii) Those statements of NASA policy and interpretations which have been adopted by NASA and are not published in the Federal Register ; (iii) Administrative staff manuals (or similar issuances) and instructions to staff that affect a member of the public; (iv) Copies of all records, regardless of form or format, that have been released to any person under Subpart C of this part and that, because of the nature of their subject matter, the Agency determines have become or are likely to become the subject of subsequent requests for substantially the same records… | ||||
| 14:14:5.0.1.1.8.2.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | B | Subpart B—Types of Records To Be Made Available | § 1206.201 Proactive disclosure of Agency records. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | Records that are required by the FOIA to be made available for public inspection and copying in an electronic format are accessible on the Agency's Web site, http://www.nasa.gov. Each Center is responsible for determining which of its records are required to be made publicly available, as well as identifying additional records of interest to the public that are appropriate for public disclosure, and for posting such records. Each Center has a FOIA Public Liaison who can assist individuals in locating records particular to a Center. A list of the Agency's FOIA Public Liaisons is available at http://www.hq.nasa.gov/office/pao/FOIA/agency/. | ||||
| 14:14:5.0.1.1.8.2.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | B | Subpart B—Types of Records To Be Made Available | § 1206.202 Records that have been published. | NASA | Publication in the Federal Register is a means of making certain Agency records are available to the public in accordance with 5 U.S.C.552(a)(2) without requiring the filing of a FOIA request. NASA has a FOIA Electronic Library Web site at NASA Headquarters and each of its Centers. The FedBizOpps (FBO) (formerly Commerce Business Daily), is also a source of information concerning Agency records or actions. Various other NASA publications and documents, and indexes thereto, are available from other sources, such as the U.S. Superintendent of Documents and the Earth Resources Observation and Science Center (Department of the Interior). Such publications and documents are not required to be made available or reproduced in response to a request unless they cannot be purchased readily from available sources. | |||||
| 14:14:5.0.1.1.8.2.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | B | Subpart B—Types of Records To Be Made Available | § 1206.203 Incorporation by reference. | NASA | Records reasonably available to the members of the public affected thereby shall be deemed published in the Federal Register when incorporated by reference in material published in the Federal Register (pursuant to the Federal Register regulation on incorporation by reference, 1 CFR Part 51). | |||||
| 14:14:5.0.1.1.8.3.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.300 How to make a request for Agency records. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | (a) A requester submitting a request for records must include his/her name, and an email or mailing address in order for the Agency to be able to send responsive records and/or to be able to contact the requester to obtain additional information or clarification of the request sought (see § 1206.301). The request must also address fees or provide justification for a fee waiver (see § 1206.302) as well as address the fee category in accordance with § 1206.507. The request should also include a telephone number in case the FOIA office needs to contact the requester regarding the request; however, this information is optional when submitting a request if an email or mailing address is provided. A requester may also submit a request online via the NASA FOIA website, https://www.nasa.gov/FOIA/Contacts.html. Do not include a social security number on any correspondence with the FOIA office. If the FOIA unit determines processing fees will exceed the fee category entitlement, the unit will require a personal mailing address for billing purposes or for commercial use requesters, a business mailing address. (b) NASA does not have a central location for submitting FOIA requests and it does not maintain a central index or database of records in its possession. Instead, Agency records are decentralized and maintained by various Centers and offices throughout the country. All NASA Centers have the capability to receive requests electronically, either through email or a Web portal. To make a request for any of the NASA Center records, a requester should write directly to the FOIA office of the Center that maintains the records being sought. A request will receive the quickest possible response if it is addressed to the FOIA office of the Center that maintains the records requested. If a requester does not know which Center(s) may have the requested records, he/she may send his/her request(s) to the NASA's Headquarters (HQ) FOIA Public Liaison, 300 E Street SW, Room 5L19, Washington, DC 20546, Fax number: (202) 358-4332, ema… | ||||
| 14:14:5.0.1.1.8.3.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.301 Describing records sought. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | In view of the time limits under 5 U.S.C. 552(a)(6) for an initial determination on a request for an Agency record, a request must meet the following requirements: (a) The request must be addressed to an appropriate FOIA office or otherwise be clearly identified in the letter as a request for an Agency record under the “Freedom of Information Act.” (b) Requesters must describe the records sought in sufficient detail to enable Agency personnel who are familiar with the subject area of the request to identify and locate the record with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist a FOIA office in identifying the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. In general, requesters should include as much detail as possible about the specific records or the types of records sought. (c) If NASA, after receiving a request, determines that the request does not reasonably describe the records sought, it shall inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the NASA's designated FOIA contact or the Principal Agency FOIA Officer, each of whom is available to assist the requester in reasonably describing the records sought. If a request does not reasonably describe the records sought, the Agency's response to the request may be delayed or NASA may at its discretion close the request administratively. (d) Requests for clarification or more information will be made in writing (either via U.S. mail or electronic mail whenever possible). Requesters may respond by U.S. mail or by electronic mail regardless of the method used by NASA to transmit the request for additional information. In order to be considered timely, responses to requests for additional information must be postmarked or receive… | ||||
| 14:14:5.0.1.1.8.3.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.302 Fee agreements. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | (a) A request must explicitly state a willingness to pay all fees associated with processing the request, fees up to a specified amount, or a request for a fee waiver, if processing fees will likely exceed the statutory entitlements as defined in § 1206.507(b) and (c). (b) If the FOIA office determines that fees for processing the request will exceed the agreed upon amount or the statutory entitlements, the FOIA office will notify the requester that: (1) He/she must provide assurance of payment for all anticipated fees or provide an advance payment if estimated fees are expected to exceed $250.00, or (2) The FOIA office will not be able to fully comply with the FOIA request unless an assurance or advance payment as requested has been provided. (3) He/she may wish to limit the scope of the request to reduce the processing fees. (c) If the FOIA office does not receive a written response within 20 working days after requesting the information, it will presume the requester is no longer interested in the records requested and will administratively close the request without further notification. (d) A commercial-use requester (as defined in§ 1206.507(c)(1)) must: (1) State a willingness to pay all fess associated with processing a request; or (2) State a willingness to pay fees to cover the costs of conducting an initial search for responsive records to determine a fee estimate. (e) If a requester is only willing to pay a limited amount for processing a request and it is for more than one document, the requester must state the order in which he/she would like the request for records to be processed. (f) If a requester is seeking a fee waiver, the request must include sufficient justification to substantiate a waiver. (See subpart E of this part for information on fee waivers.) Failure to provide sufficient justification will result in a denial of the fee waiver request. (g) If a requester is seeking a fee waiver, he/she may also choose to state a willingness to pay fees in case the fee waiver request is den… | ||||
| 14:14:5.0.1.1.8.3.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.303 Format of records disclosed. | NASA | (a) The FOIA office will provide the records in the requested format if the records can readily be reproduced from the original file to that specific format. (b) The FOIA office may charge direct costs associated with converting the records or files into the requested format if they are not maintained in that format. If the costs to convert the records exceed the amount the requester has agreed to pay, the FOIA office will notify the requester in writing. If the requester does not agree to pay the additional fees for converting the records, the records may not be provided in the requested format. | |||||
| 14:14:5.0.1.1.8.3.1.5 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.304 Expedited processing. | NASA | A requester may ask for expedited processing of a request. However, information to substantiate the request must be included in accordance with § 1206.400, Criteria for Expedited Processing; otherwise, the request for expedited processing will be denied and processed in the simple or complex queue. | |||||
| 14:14:5.0.1.1.8.3.1.6 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.305 Responding to requests. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | (a) Except in the instances described in paragraphs (e) and (f) of this section, the FOIA office that first receives a request for a record and maintains that record is the FOIA office responsible for responding to the request. The office shall acknowledge the request and assign it an individualized tracking number if it will take longer than ten (10) working days to process. The NASA office responding to the request shall include in the acknowledgment a brief description of the records sought to allow requesters to more easily keep track of their requests. (b) In determining what records are responsive to a request, a FOIA office ordinarily will include only records in its possession as of the date that it begins its search. If any other date is used, the FOIA office shall inform the requester of that date. (c) A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c)(1)-(3), shall not be considered responsive to a request. (d) The Head of a Center, or designee, is authorized to grant or to deny any requests for records that are maintained by that Center. (e) The FOIA office may refer a request to or consult with another Center FOIA office or Federal agency in accordance with § 1206.308, if the FOIA office receives a request for records that are in its possession that were not created at that Center. If another Center within NASA or another Federal agency has substantial interest in or created the records, the request will either be referred or they will consult with that FOIA office/agency. (f) If a request for an Agency record is received by a FOIA office not having responsibility of the record (for example, when a request is submitted to one NASA Center or Headquarters and another NASA Center has responsibility of the record), the FOIA office receiving the request shall promptly forward it to that FOIA office within 10 working days from the date of receipt. The receiving FOIA office shall acknowledge the request and provide the requester with a tracking number. | ||||
| 14:14:5.0.1.1.8.3.1.7 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.306 Granting a request. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | (a) Ordinarily, NASA shall have twenty (20) working days from when a request is received to determine whether to grant or deny the request unless there are unusual or exceptional circumstances. The FOIA office will not begin processing a request until all issues regarding scope and fees have been resolved. NASA will notify the requester of the availability of the FOIA Public Liaison to offer assistance in resolving these issues. (b) If fees are not expected to exceed the minimum threshold of $50.00, and the scope of the request is in accordance with § 1206.301, the FOIA office will begin processing the request. (c) If the FOIA office contacts the requester regarding fees or clarification and the requester has provided a response, the FOIA office will notify the requester in writing of the decision to either grant or deny the request. | ||||
| 14:14:5.0.1.1.8.3.1.8 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.307 Denying a request. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019] | NASA shall withhold records only when it reasonably foresees that disclosure would harm an interest protected by an exemption or disclosure is prohibited by law. (a) If the FOIA office denies records in response to a request either in full or in part, it will advise the requester in writing that: (1) The requested record(s) is exempt in full or in part; or (2) Records do not exist, cannot be located, are not in the Agency's control, or the request does not reasonably describe the records sought; or (3) A record is not readily reproducible in the form or format requested; and or (4) Denial is based on a procedural issue only and not access to the underlying records when it makes a decision that: (i) A fee waiver or another fee-related issue will not be granted; or (ii) Expedited processing will not be provided. (b) The denial notification must include: (1) The name, title, or position of the person(s) responsible for the denial; (2) A brief statement of the reasons for the denial, including a reference to any FOIA exemption(s) applied by the FOIA office to withhold records in full or in part; (3) An estimate of the volume of any records or information withheld, i.e., the number of pages or a reasonable form of estimation, unless such an estimate would harm an interest protected by the exemption(s) used to withhold the records or information; and (4) A statement that the denial may be appealed under subpart G of this part and a description of the requirements set forth therein. NASA shall also inform the requester of the availability of its FOIA Public Liaison to offer assistance and include a statement notifying the requester of the dispute resolution services offered by the Office of Government Information Services (OGIS). Should the requester elect to mediate any dispute related to the FOIA request with OGIS, NASA will participate in the mediation process in good faith. (c) If the requested records contain both exempt and non-exempt material, the FOIA office will: (1) Segregate and release the non-… | ||||
| 14:14:5.0.1.1.8.3.1.9 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | C | Subpart C—Procedures | § 1206.308 Referrals and consultations within NASA or other Federal Agencies. | NASA | (a) Referrals and consultations can occur within the Agency or outside the Agency. (b) If a FOIA office (other than the Office of Inspector General) receives a request for records in its possession that another NASA FOIA office has responsibility over or is substantially concerned with, it will either: (1) Consult with the other FOIA office before deciding whether to release or withhold the records; or (2) Refer the request, along with the records, to that FOIA office for direct response. (c) If the FOIA office that originally received the request refers all or part of the request to another FOIA office within the Agency for further processing, they will notify the requester of the partial referral and provide that FOIA contact information. (d) If while responding to a request, the FOIA office locates records that originated with another Federal agency, it will generally refer the request and any responsive records to that other agency for a release determination and direct response. (e) If the FOIA office refers all the records to another agency, it will document the referral and maintain a copy of the records that it refers; notify the requester of the referral in writing, unless that identification will itself disclose a sensitive, exempt fact; and will provide the contact information for the other agency and if known, the name of a contact at the other agency. (f) If the FOIA office locates records that originated with another Federal agency while responding to a request, the office will make the release determination itself (after consulting with the originating agency) when: (1) The record is of primary interest to NASA (for example, a record may be of primary interest to NASA if it was developed or prepared according to Agency regulations or directives, or in response to an Agency request); or (2) NASA is in a better position than the originating agency to assess whether the record is exempt from disclosure; or (3) The originating agency is not subject to the FOIA; or (4) It is more efficient or… | |||||
| 14:14:5.0.1.1.8.4.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | D | Subpart D—Procedures and Time Limits for Responding to Requests | § 1206.400 Procedures for processing queues and expedited processing. | NASA | (a) The FOIA office will normally process requests in the order in which they are received in each of the processing tracks. (b) FOIA offices use three queues for multi-track processing depending on the complexity of the request. Once it has been determined the request meets the criteria in accordance with subpart C of this part, the FOIA office will place the request in one of the following tracks: (1) Simple—A request that can be processed within 20 working days. (2) Complex—A request that will take over 20 working days to process. (A complex request will generally require coordination with more than one office and a legal 10 working day extension for unusual circumstances (see § 1206.403) may be taken either up front or during the first 20 days of processing the request.) (3) Expedited processing—A request for expedited processing will be processed in this track if the requester can show exceptional need or urgency that their request should be processed out of turn in accordance with paragraph (c) of this section. (c) Requests and appeals will be processed on an expedited basis whenever it is determined that they involve one or more of the following: (1) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; (2) Circumstances in which there is an urgency to inform the public about an actual or alleged Federal Government activity if the FOIA request is made by a person primarily engaged in disseminating information; (i) In most situations, a person primarily engaged in disseminating information will be a representative of the news media and therefore, will qualify as a person primarily engaged in disseminating information. (ii) To substantiate paragraph (c)(2) of this section, the requested information must be the type of information which has particular value that will be lost if not disseminated quickly; this ordinarily refers to a breaking news story of general public interest. Information of his… | |||||
| 14:14:5.0.1.1.8.4.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | D | Subpart D—Procedures and Time Limits for Responding to Requests | § 1206.401 Procedures and time limits for acknowledgement letters and initial determinations. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54776, Oct. 11, 2019] | (a) Following receipt of a request submitted under the FOIA, the FOIA staff will send an acknowledgement letter providing the case tracking number and processing track within ten (10) working days from date of receipt to the requester. (b) An initial determination is a decision by a NASA official, in response to a request by a member of the public for an Agency record, on whether the record described in the request can be identified and located after a reasonable search and, if so, whether the record (or portions thereof) will be made available under this part or will be withheld from disclosure under the FOIA. (c) An initial determination on a request for an Agency record addressed in accordance with this regulation (to include one submitted in person at a FOIA office) shall be made (for example, to grant, partially grant or deny a request), and the requester shall be sent an initial determination letter within 20 working days after receipt of the request, as required by 5 U.S.C. 552(a)(6) (unless unusual circumstances exist as defined in § 1206.403). (d) The basic time limit for a misdirected FOIA request (not a referral or consultation) begins on the date on which the request is first received by the appropriate FOIA office within the Agency, but in any event no later than ten (10) working days after the date the request is first received by a FOIA office designated to receive FOIA requests. (e) Any notification of an initial determination that does not comply fully with the request for an Agency record, including those searches that produce no responsive documents, shall include a statement of the reasons for the adverse determination, include the name and title of the person making the initial determination, and notify the requester of the right to appeal to the Administrator or the Inspector General, as appropriate, pursuant to subpart G of this part, and the right to seek dispute resolution services from the NASA FOIA Public Liaison or Office of Government Information Services. | ||||
| 14:14:5.0.1.1.8.4.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | D | Subpart D—Procedures and Time Limits for Responding to Requests | § 1206.402 Suspending the basic time limit. | NASA | (a) In accordance with 5 U.S.C. 552(a)(6)(A)(ii)(I), the FOIA office may make one request to the requester for information to clarify a request and temporarily suspend (toll) the time (the 20-day period) while it is awaiting such information that it has reasonably requested from the requester. Receipt of the requester's response by the FOIA office to the Agency's request for additional information or clarification ends the temporary time suspension. (b) In accordance with 5 U.S.C. 552(a)(6)(A)(ii)(II), the FOIA office may temporarily suspend (toll) the 20-day period as many times as is necessary to clarify with the requester issues regarding fees. Receipt of the requester's response by the FOIA office to the Agency's request for information regarding fees ends the temporary time suspension. | |||||
| 14:14:5.0.1.1.8.4.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | D | Subpart D—Procedures and Time Limits for Responding to Requests | § 1206.403 Time extensions. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54776, Oct. 11, 2019] | (a) In “unusual circumstances” as defined in this section, the time limits for an initial determination and for a final determination may be extended, but not to exceed a total of 10 working days in the aggregate in the processing of any specific request for an Agency record. The extension must be taken before the expiration of the 20 working day time limits. The requester will be notified in writing of: (1) The unusual circumstances surrounding the extension of the time limit; (2) The date by which the FOIA office expects to complete the processing of the request. (b) Unusual circumstances are defined as: (1) The need to search for and collect the requested records from offices other than the office processing the request; (2) The need to search for, collect, and appropriately examine a voluminous number of documents; (3) The need to coordinate and/or consult with another NASA office or agency having a substantial subject-matter interest in the determination of the request. (c) If initial processing time will exceed or is expected to exceed 30 working days, the FOIA office will notify the requester of the delay in processing and: (1) Provide the opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the Agency an alternative time frame for processing the request or a modified request; (2) Provide contact information for the NASA FOIA Public Liaison; (3) Offer the right of the requester to seek dispute resolution services from the OGIS; (4) Provide information regarding the intended determination; and (5) Shall make available its designated FOIA contact and its FOIA Public Liaison for the purpose of this paragraph (c). (d) The requester's refusal to reasonably modify the scope of a request or arrange an alternative timeframe for processing a request after being given the opportunity to do so may be considered a factor when determining whether exceptional circumstances exist. A delay that results from a predictable workload of… | ||||
| 14:14:5.0.1.1.8.5.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.500 Search. | NASA | (a) Search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents. A search will determine what specific documents, if any, are responsive to a request. A search for Agency records responsive to a request may be accomplished by manual or automated means. (b) Search charges, as set forth in this part, may be billed even when an Agency record, which has been requested, cannot be identified or located after a diligent search and consultation with a professional NASA employee familiar with the subject area of the request has been conducted or if located, cannot be made available under § 1206.308. (c) In responding to FOIA requests, FOIA offices shall charge the following fees based on the date the request is received in the NASA FOIA Office unless a waiver or reduction of fees has been granted under § 1206.506. Fees will be determined on October 1st of each year based on the appropriate General Schedule (GS) base salary, plus the District of Columbia locality payment, plus 16 percent for benefits of employees. Fees such as search, review, and duplication will be charged in accordance with the requester's fee category as defined in § 1206.507. (d) For each quarter hour spent by personnel searching for requested records, including electronic searches that do not require new programming, the fees will be the average hourly GS-base salary, plus the District of Columbia locality payment, plus 16 percent for benefits of employees in the following three categories, as applicable: (1) Clerical—Based on a GS-6, Step 5 (all employees at a GS-7 and below are classified as clerical for this purpose). (2) Professional—Based on a GS-11, Step 7 pay (all employees at a GS-8 through GS-12 are classified as professional for this purpose); (3) Managerial—Based on GS-14, Step 2, pay (all employees at a GS-13 and above are classified as managerial for this purpose). (e) Requesters will be charged the direct costs associated wi… | |||||
| 14:14:5.0.1.1.8.5.1.10 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.509 Form of payment. | NASA | Payment shall be made by check or money order payable to the “Treasury of the United States,” or by credit card per instructions in the initial determination or billing invoice and sent to NASA. | |||||
| 14:14:5.0.1.1.8.5.1.11 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.510 Nonpayment of fees. | NASA | (a) Requesters are advised that should they fail to pay the fees assessed, they may be charged interest on the amount billed starting on the 31st day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717. (b) Applicability of Debt Collection Act of 1982 (Pub. L. 97-365). Requesters are advised that if full payment is not received within 60 days after the billing was sent, the procedures of the Debt Collection Act may be invoked (14 CFR 1261.407-1261.409). These procedures include three written demand letters at not more than 30-day intervals, disclosure to a consumer reporting agency, and the use of a collection agency, where appropriate. | |||||
| 14:14:5.0.1.1.8.5.1.12 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.511 Other rights and services. | NASA | Nothing in this subpart shall be construed to entitle any person to any service or to the disclosure of any record that is not required under the FOIA. | |||||
| 14:14:5.0.1.1.8.5.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.501 Review. | NASA | (a) Review means the process of examining a document(s) located in response to a request to determine whether the document(s) or any portion thereof is disclosable. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions. (b) Review fees will be assessed in connection with the initial review of the record, i.e., the review conducted by Agency staff to determine whether an exemption applies to a particular record or portion of a record. (c) Review fees will be charged to commercial use requesters. (d) No charge will be made for review at the administrative appeal stage of exemptions applied at the initial review stage. However, when the appellate authority determines that a particular exemption no longer applies, any costs associated with an additional review of the records in order to consider the use of other exemptions may be assessed as review fees. (e) Review fees will be charged at the same rates as those charged for a search under § 1206.500. (f) Review fees can be charged even if the record(s) reviewed ultimately is not disclosed. (g) Review fees will not include costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. | |||||
| 14:14:5.0.1.1.8.5.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.502 Duplication. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54776, Oct. 11, 2019] | (a) Duplication is reproducing a copy of a record or of the information contained in it, necessary to respond to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic records, among others. (b) FOIA offices shall honor a requester's preference for receiving a record in a particular form or format where it is readily reproducible by the FOIA office in the form or format requested. If the records are not readily reproducible in the requested form or format, the Agency will so inform the requester. The requester may specify an alternative form or format that is available. If in this situation the requester refuses to specify an alternative form or format, the Agency will not process the request any further. (c) Where standard-sized photocopies or scans are supplied, the FOIA office will provide one copy per request at the regular copy rate per page. (d) For copies of records produced on tapes, disks, or other electronic media, FOIA offices will charge the direct costs of producing the copy in the form or format requested, including the time spent by personnel duplicating the requested records. For each quarter hour spent by personnel duplicating the requested records, the fees will be the same as those charged for a search under this subpart. (e) If NASA staff must scan paper documents in order to accommodate a requester's preference to receive the records in an electronic format, the requester shall pay the appropriate copy fee charge per page as well as each quarter hour spent by personnel scanning the requested records. Fees will be the same as those charged for search under this subpart for each quarter hour spent by personnel scanning the requested records. (f) For other forms of duplication, FOIA offices will charge the direct costs as well as any associated personnel costs. For standard-sized copies of documents such as letters, memoranda, statements, reports, contracts, etc., $0.15 per copy of each page; charges for double-sided copies will be $0.30. For copies of overs… | ||||
| 14:14:5.0.1.1.8.5.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.503 Restrictions on charging fees. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54776, Oct. 11, 2019] | (a) No search fees will be charged for requests by educational institutions, noncommercial scientific institutions, or representatives of the news media, unless the records are sought for a commercial use. (b) If NASA fails to comply with the FOIA's time limits in which to respond to a request, it may not charge search fees, or, in the instances of requests from requesters described in paragraph (a) of this section, may not charge duplication fees, except as described in paragraphs (b)(1) through (3) of this section. (1) If a NASA component has determined that unusual circumstances as defined by the FOIA apply, and the component provided timely written notice to the requester in accordance with the FOIA, a failure to comply with the time limit shall be excused for an additional 10 days. (2) If NASA has determined that unusual circumstances, as defined by the FOIA, apply and more than 5,000 pages are necessary to respond to the request, the Agency may charge search fees, or, in the case of requesters described in paragraph (a) of this section, may charge duplication fees, if the following steps are taken. The Agency must have provided timely written notice of unusual circumstances to the requester in accordance with the FOIA and the component must have discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). If the exception in this paragraph (b)(2) is satisfied, the Agency may charge all applicable fees incurred in the processing of the request. (3) If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order. (c) No search or review fees will be charged for a quarter-hour period unless more than half of that period is required for search or review. (d) Except for requesters seeking records for … | ||||
| 14:14:5.0.1.1.8.5.1.5 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.504 Charging fees. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54776, Oct. 11, 2019] | (a) NASA shall charge for processing requests under the FOIA in accordance with the provisions of this section and the OMB Guidelines. NASA will ordinarily use the most efficient and least expensive method for processing requested records. In order to resolve any fee issues that arise under this section, NASA may contact a requester for additional information. A component ordinarily will collect all applicable fees before sending copies of records to a requester. The submission of a FOIA request shall be considered a firm commitment by the requester to pay all applicable fees charged under this section, up to $50.00, unless the requester seeks a waiver of fees. Requesters must pay fees by check or money order made payable to the Treasury of the United States. When a FOIA office determines or estimates the fees to be assessed in accordance with this section will amount to or exceed $50.00, the FOIA office shall notify the requester unless the requester has indicated a willingness to pay fees as high as those anticipated. If a portion of the fees can be readily estimated, the FOIA office shall advise the requester accordingly. (b) In cases in which a requester has been notified that actual or estimated fees are in excess of $50.00, the request shall be placed on hold and further work will not be completed until the requester commits in writing to pay the actual or estimated fees. Such a commitment must be made by the requester in writing, must indicate a given dollar amount or a willingness to pay all processing fees, and must be received by the FOIA office within 20 working days from the date of the letter providing notification of the fee estimate. If the requester is a noncommercial use requester, the notice shall specify that the requester is entitled to the statutory entitlements of 100 pages of duplication at no charge and, if the requester is charged search fees, two hours of search time at no charge, and shall advise the requester whether those entitlements have been provided. (c) After the FOIA office be… | ||||
| 14:14:5.0.1.1.8.5.1.6 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.505 Advance payments. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54777, Oct. 11, 2019] | (a) For requests other than those described in paragraphs (b), (c), and (f) of this section, a FOIA office shall not require the requester to make an advance payment before work is commenced or continued on a request. Payment owed for work already completed (i.e., payment for search, review and/or before records are released to a requester) is not an advance payment. (b) When a FOIA office determines or estimates that a total fee to be charged under this section will exceed $250.00, it may require that the requester make an advance payment up to the amount of the entire anticipated fee before beginning to process the request. A FOIA office may elect to process the request prior to collecting fees when it receives a satisfactory assurance of full payment from a requester. (c) Where a requester has previously failed to pay a properly charged FOIA fee assessed by any FOIA office in the agency within 30 calendar days of the billing date, a FOIA office may require the requester to pay the full amount due, plus any applicable interest due on the outstanding debt, before the FOIA office begins to process a new request or continues to process a pending request or any pending remand of an appeal. Once the outstanding bill has been paid, the FOIA office may also require the requester to make an advance payment of the full amount of any anticipated fee before processing the new request. (d) Where a FOIA office has a reasonable basis to believe that a requester has misrepresented his or her identity in order to avoid paying outstanding fees, it may require that the requester provide further proof of identity. (e) In cases in which a FOIA office requires advance payment, the request shall not be considered received, and further work will not be completed until the required payment is received. If the requester does not pay the advance payment within 20 working days after the date of the FOIA office's letter, the request will be closed without further notification. (f) When advance payment is required in order to initiate… | ||||
| 14:14:5.0.1.1.8.5.1.7 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.506 Requirements for a waiver or reduction of fees. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54777, Oct. 11, 2019] | (a) The burden is on the requester to justify an entitlement to a fee waiver. (See § 1206.507 for a discussion on fee categories.) (b) Requests for a waiver or reduction of fees shall be considered on a case-by-case basis using the criteria in this section. These statutory requirements must be satisfied by the requester before properly assessable fees are waived or reduced under the statutory standard. (c) Records shall be furnished without charge or at a reduced rate if the requester has demonstrated, based on all available information, that disclosure of the information is in the public interest because it: (1) Is likely to contribute significantly to public understanding of the operations or activities of the Government; and (2) Is not primarily in the commercial interest of the requester. (d) In deciding whether the standards of paragraph (c)(1) of this section are satisfied, the Agency must consider the factors described in paragraphs (d)(1) through (3) of this section: (1) Disclosure of the requested information would shed light on the operations or activities of the Government. The subject of the request must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated. (2) Disclosure of the requested information would be likely to contribute significantly to public understanding of those operations or activities. The factor in this paragraph (d)(2) is satisfied when the following criteria are met: (i) Disclosure of the requested records must be meaningfully informative about Government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding. (ii) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requ… | ||||
| 14:14:5.0.1.1.8.5.1.8 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.507 Categories of requesters. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54778, Oct. 11, 2019] | (a) A request should indicate the fee category. If the requester does not indicate a fee category, or it is unclear to the FOIA office, the FOIA office will make a determination of the fee category based on the request. If the requester does not agree with their determination, he/she will be afforded the opportunity to provide information to support a different fee category. (b) If the request is submitted on behalf of another person or organization (e.g., if an attorney is submitting a request on behalf of a client), the fee category will be determined by considering the underlying requester's identity and intended use of the information. The following table outlines the basic fee categories and applicable fees: (c) The FOIA provides for three categories of requesters. However, for clarity purposes, NASA has broken them down to four for the purposes of determining fees. These four categories of FOIA requesters are: Commercial use requesters; educational and noncommercial scientific institutions; representatives of the news media; and all other requesters. The Act prescribes specific levels of fees for each of these categories, which is indicated in the FOIA fee table above. (1) Commercial use requesters. When NASA receives a request for documents appearing to be for commercial use, meaning a request from or on behalf of one whom seeks information for a use or purpose that furthers the commercial, trade, or profit interests, which can include furthering those interests through litigation, of either the requester or the person on whose behalf the request is made, it will assess charges to recover the full direct costs of searching for, reviewing for release, and duplicating the records sought. NASA will not consider a commercial-use request for a waiver or reduction of fees based upon an assertion that disclosure would be in the public interest. A request from a corporation (not a news media corporation) may be presumed to be for commercial use unless the requester demonstrates that it qualifies for a differe… | ||||
| 14:14:5.0.1.1.8.5.1.9 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | E | Subpart E—Fees Associated With Processing Requests | § 1206.508 Aggregation of requests. | NASA | (a) A requester may not file multiple requests at the same time, each seeking portions of a document or documents, solely in order to avoid payment of fees. (b) When NASA has reason to believe that a requester or a group of requesters acting in concert is attempting to divide a request into a series of requests on a single subject or related subjects for the purpose of avoiding the assessment of fees, NASA will aggregate any such requests and charge accordingly. (c) NASA will consider that multiple requests made within a 30-day period were so intended submitted as such to avoid fees, unless there is evidence to the contrary. (d) NASA will aggregate requests separated by a longer period of time only when there is a reasonable basis for determining that aggregation is warranted in view of all the circumstances involved. (e) NASA will not aggregate multiple requests on unrelated subjects from one requester or organization. | |||||
| 14:14:5.0.1.1.8.6.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | F | Subpart F—Commercial Information | § 1206.600 General policy. | NASA | (a) Notice shall be given to a submitter whenever the information requested is commercial information and has been designated by the submitter as information deemed protected from disclosure under Exemption 4 of the Act, or the Agency otherwise has reason to believe that the information may be protected from disclosure under Exemption 4. For the purpose of applying the notice requirements, commercial information is information provided by a submitter and in the possession of NASA, that may arguably be exempt from disclosure under the provisions of Exemption 4 of the FOIA (5 U.S.C. 552(b)(4)). The meaning ascribed to this term for the purpose of this notice requirement is separate and should not be confused with use of this or similar terms in determining whether information satisfies one of the elements of Exemption 4. (b) A submitter is a person or entity outside the Federal Government from whom the Agency directly or indirectly obtains commercial or financial information. The term submitter includes, but is not limited to corporations, state governments, individuals, and foreign governments. (c) The notice requirements of § 1206.601 will not apply if: (1) The information has been lawfully published or officially made available to the public; or (2) Disclosure of the information is required by a statute (other than this part); or (3) The submitter has received notice of a previous FOIA request which encompassed information requested in the later request, and the Agency intends to withhold and/or release information in the same manner as in the previous FOIA request. (d) An additional limited exception to the notice requirements of § 1206.601, to be used only when all of the following exceptional circumstances are found to be present, authorizes the Agency to withhold information that is the subject of a FOIA request, based on Exemption 4 (5 U.S.C. 552(b)(4)), without providing the submitter individual notice when: (1) The Agency would be required to provide notice to over ten (10) submitters, in which cas… | |||||
| 14:14:5.0.1.1.8.6.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | F | Subpart F—Commercial Information | § 1206.601 Notice to submitters. | NASA | (a) Except as provided in § 1206.603(b) and § 1206.603(c), the Agency shall provide a submitter with prompt written notice of a FOIA request that seeks its commercial information whenever required under § 1206.600(a). (b) A notice to a submitter must include: (1) The exact language of the request or an accurate description of the request; (2) Access to or a description of the responsive records or portions thereof containing the commercial information to the submitter; (3) A description of the procedures for objecting to the release of the possibly confidential information under § 1206.602; (4) A time limit for responding to the Agency that shall not exceed 10 working days from the date of the letter sent to the submitter by the FOIA Office or publication of the notice (as set forth in § 1206.603(b)) to object to the release and to explain the basis for the objection; (5) Notice that the information contained in the submitter's objections may itself be subject to disclosure under the FOIA; (6) Notice that the Agency, not the submitter, is responsible for deciding whether the information shall be released or withheld; (7) Notice that failing to respond within the timeframe specified under § 1206.601(b)(4) will create a presumption that the submitter has no objection to the disclosure of the information in question. (c) Whenever the Agency provides notice pursuant to this section, the Agency shall advise the requester that notice and opportunity to comment are being provided to the submitter. | |||||
| 14:14:5.0.1.1.8.6.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | F | Subpart F—Commercial Information | § 1206.602 Opportunity to object to disclosure. | NASA | (a) If a submitter has any objections to the disclosure of commercial information, the submitter must provide a detailed written statement to the FOIA office that specifies all factual and/or legal grounds for withholding the particular information under any FOIA exemptions. (b) The submitter must include a daytime telephone number, an email and mailing address, and a fax number if available on a response to the FOIA office. (c) A submitter who does not respond within the time period specified under this subpart will be considered to have no objection to disclosure of the information. (d) Responses received by the FOIA office after the time period specified in § 1206.601(b)(4) will not be considered by the FOIA office. An extension of time to respond may be granted provided the submitter provides an explanation justifying additional time within the time period specified in § 1206.601(b)(4). | |||||
| 14:14:5.0.1.1.8.6.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | F | Subpart F—Commercial Information | § 1206.603 Notice of intent to disclose. | NASA | (a) The Agency shall carefully consider any objections of the submitter in the course of determining whether to disclose commercial information. The Agency, not the submitter, is responsible for deciding whether the information will be released or withheld. (b) Whenever the Agency decides to disclose commercial information over the objection of a submitter, the Agency shall forward to the submitter a written statement which shall include the following: (1) A brief explanation as to why the Agency did not agree with any objections; (2) A description of the commercial information to be disclosed, sufficient to identify information to the submitter; and (3) A date after which disclosure is expected, which shall be no less than 10 working days from the date of the letter providing notification to the submitter by the FOIA Office (§ 1206.601). (c) The FOIA office will provide notification regarding a FOIA lawsuit: (1) To a submitter, when a requester brings suit seeking to compel disclosure of commercial information; or (2) To a requester, when a submitter brings suit against the Agency in order to prevent disclosure of commercial information. | |||||
| 14:14:5.0.1.1.8.7.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | G | Subpart G—Appeals | § 1206.700 How to submit an appeal. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54778, Oct. 11, 2019] | (a) A member of the public who has requested an Agency record in accordance with subpart C of this part, and who has received an initial determination which does not comply fully with the request, may appeal such an adverse initial determination to the Administrator, or, for records as specified in § 1206.805, to the Inspector General within 90 days from the date of the initial determination letter. (b) The appeal must: (1) Be in writing; (2) Be addressed to the Administrator, NASA Headquarters, Executive Secretariat, Washington, DC 20546, or, for records as specified in § 1206.805, to the Inspector General, NASA Headquarters, Room 8U71, 300 E Street, SW, Washington, DC 20546; (3) Be identified clearly on the envelope and in the letter as an “Appeal under the Freedom of Information Act;” (4) Include a copy of the initial request for the Agency record and a copy of the adverse initial determination along with any other correspondence with the FOIA office; (5) To the extent possible, state the reasons the adverse initial determination should be reversed; and (6) Be sent to the Administrator or the Inspector General, as appropriate, within 90 days of the date of the initial determination. (c) An official authorized to make a final determination may waive any of the requirements of paragraph (b) of this section, in which case the time limit for the final determination (see § 1206.701(a)) shall run from the date of such waiver. | ||||
| 14:14:5.0.1.1.8.7.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | G | Subpart G—Appeals | § 1206.701 Actions on appeals. | NASA | (a) Except as provided in § 1206.403, the Administrator or designee, or in the case of records as specified in § 1206.805, the Inspector General or designee, shall make a final determination on an appeal and notify the appellant thereof, within 20 working days after the receipt of the appeal by the Administrator's Office. (b) In “unusual circumstances” as defined in § 1206.403, the time limit for a final determination may be extended, but not to exceed a total of 10 working days in the aggregate in the processing of any specific appeal for an Agency record. The extension must be taken before the expiration of the 20 working day time limit. The appellant will be notified in writing in accordance with § 1206.403. (c) If processing time will exceed or is expected to exceed 30 working days, the appellant will be notified of the delay in processing and the reason for the delay. (d) If the final determination reverses in whole or in part the initial determination, the record requested (or portions thereof) shall be made available promptly to the requester, as provided in the final determination. (e) If a reversal in whole or in part of the initial determination requires additional document search or production, associated fees will be applicable in accordance with fee guidance in this regulation. (f) If the final determination sustains in whole or in part an adverse initial determination, the notification of the final determination shall: (1) Explain the basis on which the record (or portions thereof) will not be made available; (2) Include the name and title of the person making the final determination; (3) Include a statement that the final determination is subject to judicial review under 5 U.S.C. 552(a)(4); (4) Provide a statement regarding the mediation services of the Office of Government Information Services (OGIS) as a non-exclusive alternative to litigation; and (5) Enclose a copy of 5 U.S.C. 552(a)(4). (g) Before seeking a review by a court of a FOIA office's adverse initial determination, a reques… | |||||
| 14:14:5.0.1.1.8.7.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | G | Subpart G—Appeals | § 1206.702 Litigation. | NASA | In any instance in which a requester brings suit concerning a request for an Agency record under this part, the matter shall promptly be referred to the General Counsel with a report on the details and status of the request. | |||||
| 14:14:5.0.1.1.8.8.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.800 Delegation of authority. | NASA | Authority necessary to carry out the responsibilities specified in this subpart is delegated from the Administrator to the officials named in this subpart. | |||||
| 14:14:5.0.1.1.8.8.1.2 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.801 Chief FOIA Officer. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54778, Oct. 11, 2019] | (a) The Associate Administrator, Office of Communications, is designated as the Chief FOIA Officer for the Agency. The Chief FOIA Officer is delegated authority for administering the FOIA and all related laws and regulations within the Agency. The Associate Administrator has delegated the day-to-day oversight of the Agency FOIA Program to the Deputy Associate Administrator for Communications. (b) The Deputy Associate Administrator for Communications has delegated the overall responsibility for developing and administering the FOIA program within NASA to the Principal Agency FOIA Officer, located in the Office of Communications. This includes: (1) Developing regulations in consultation with the Office of General Counsel, providing guidelines, procedures, and standards for the Agency's FOIA program; (2) Overseeing all FOIA offices and programs and ensuring they are in compliance with FOIA laws and regulations; (3) Ensuring implementation of the FOIA Programs throughout the Agency and keeping the Chief FOIA Officer and the Deputy Associate Administrator for Communications informed of the Agency's FOIA performance; (4) Providing program oversight, technical assistance, and training to employees to ensure compliance with the Act; (5) Preparing the Agency's FOIA Annual Report to the Department of Justice (DOJ) and Congress, as well as the Chief FOIA Officer's Report; (6) Preparing all other reports as required to DOJ, OGIS, and Congress or within the Agency; (7) Developing, conducting, and reviewing all internal Agency FOIA training for NASA FOIA staff; (8) Directly supervising the Headquarters FOIA Office. (c) The Chief FOIA Officer is responsible for ensuring NASA has appointed FOIA Public Liaisons, who are responsible for and able to assist in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes at each Center or Component. | ||||
| 14:14:5.0.1.1.8.8.1.3 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.802 General Counsel. | NASA | The General Counsel is responsible for the interpretation of 5 U.S.C. 552 and of this part, as well as providing legal guidance with regard to disclosure of Agency records. The General Counsel is also responsible for the handling of appeals and litigation in connection with a request for an Agency record under this part. | |||||
| 14:14:5.0.1.1.8.8.1.4 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.803 NASA Headquarters. | NASA | Except as otherwise provided under this subpart, the Deputy Associate Administrator for Communications is responsible for the following: (a) Delegating the authority for direct oversight of the Headquarters FOIA Office to the Principal Agency FOIA Officer. (b) When denying records in whole or in part, ensuring the Headquarters FOIA Office consults with the General Counsel charged with providing legal advice to Headquarters before releasing an initial determination under § 1206.307. | |||||
| 14:14:5.0.1.1.8.8.1.5 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.804 NASA Centers and Components. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54779, Oct. 11, 2019] | Except as otherwise provided in this subpart, in coordination with the Deputy Associate Administrator for Communications, the Director of each NASA Center or the Official-in-Charge of each Center, is responsible for ensuring the following: (a) The Director of Public Affairs or the Head of the Public Affairs Office at the Center has delegated authority to process all FOIA requests at their respective Center. (b) This delegated authority has further been delegated to the FOIA Officers who are designated to work at NASA Centers and supervised by the Director of Public Affairs or Head of the Public Affairs Office for that Center. If a FOIA Officer working at a particular NASA Center vacates the position, the Deputy Associate Administrator for Communications will designate a new FOIA Officer, supervised by the Principal Chief FOIA Officer, to process FOIA requests for that particular Center. (c) When denying records in whole or in part, the FOIA Officer designated to process records for the Center will consult with the Chief Counsel or the Counsel charged with providing legal advice to that FOIA office before releasing an initial determination under § 1206.307. | ||||
| 14:14:5.0.1.1.8.8.1.6 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | H | Subpart H—Responsibilities | § 1206.805 Inspector General. | NASA | [79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54779, Oct. 11, 2019] | (a) The Inspector General or designee is responsible for making final determinations under § 1206.701, within the time limits specified in subpart G of this part, concerning audit, inspection and investigative records originating in the Office of the Inspector General, records from outside the Government related to an audit, inspection or investigation, records prepared in response to a request from or addressed to the Office of the Inspector General, or other records originating within the Office of the Inspector General, after consultation with the General Counsel or designee on an appeal of an initial determination to the Inspector General. (b) The Assistant Inspectors General or their designees are responsible for making initial determinations under subpart C concerning Office of Inspector General records originating in the Office of the Inspector General, records from outside the Government related to Office of Inspector General records prepared in response to a request from or addressed to the Office of the Inspector General, or other records originating with the Office of the Inspector General, after consultation with the Counsel to the Inspector General or designee. (c) The Inspector General or designee is responsible for ensuring that requests for Agency records as specified in paragraphs (a) and (b) of this section are processed and initial determinations are made within the time limits specified in subpart D of this part. (d) The Inspector General or designee is responsible for determining whether unusual circumstances exist under § 1206.403 that would justify extending the time limit for an initial or final determination, for records as specified in paragraphs (a) and (b) of this section. (e) Records as specified in paragraphs (a) and (b) of this section include any records located at Regional and field Inspector General Offices, as well as records located at the Headquarters Office of the Inspector General. | ||||
| 14:14:5.0.1.1.8.9.1.1 | 14 | Aeronautics and Space | V | 1206 | PART 1206—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) | I | Subpart I—Location for Inspection and Request of Agency Records | § 1206.900 FOIA offices and electronic libraries. | NASA | (a) NASA Headquarters and each NASA Center have a FOIA Electronic Library on the Internet. The Electronic library addresses are located on the NASA FOIA homepage http://www.hq.nasa.gov/office/pao/FOIA/agency/ (b) In addition, a requester may submit a FOIA request electronically. The addresses are located on the NASA FOIA homepage under each Center link. | |||||
| 29:29:4.1.2.1.7.0.1.1 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.1 Run-off elections. | NMB | [77 FR 75549, Dec. 21, 2012, as amended at 84 FR 35989, July 26, 2019] | (a) In an election among any craft or class where three or more options (including the option for no representation) receive valid votes, if no option receives a majority of the legal votes cast, or in the event of a tie vote, the Board shall authorize a run-off election. (b) In the event a run-off election is authorized by the Board, the two options which received the highest number of votes cast in the first election shall be placed on the run-off ballot. No blank line on which voters may write in the name of any organization, individual, or no representation will be provided on the run-off ballot. (c) Employees who were eligible to vote at the conclusion of the first election shall be eligible to vote in the run-off election except: (1) Those employees whose employment relationship has terminated; and (2) Those employees who are no longer employed in the craft or class. | ||||||
| 29:29:4.1.2.1.7.0.1.2 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.2 Percentage of valid authorizations required to determine existence of a representation dispute. | NMB | [77 FR 75549, Dec. 21, 2012, as amended at 84 FR 35989, July 26, 2019] | (a) Upon receipt of an application requesting that an organization or individual be certified as the representative of any craft or class of employees, or to decertify the current representative and have no representative, a showing of proved authorizations (checked and verified as to date, signature, and employment status) from at least fifty (50) percent of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act. (b) Any intervening individual or organization must also produce proved authorizations (checked and verified as to date, signature, and employment status) from at least fifty (50) percent of the craft or class of employees involved to warrant placing the name of the intervenor on the ballot. | ||||||
| 29:29:4.1.2.1.7.0.1.3 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.3 Age of authorization cards. | NMB | Authorizations must be signed and dated in the employee's own handwriting or witnessed mark. No authorizations will be accepted by the National Mediation Board in any employee representation dispute which bear a date prior to one year before the date of the application for the investigation of such dispute. | |||||||
| 29:29:4.1.2.1.7.0.1.4 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.4 Time limits on applications. | NMB | [44 FR 10602, Feb. 22, 1979, as amended at 75 FR 26088, May 11, 2010; 84 FR 35989, July 26, 2019] | Except in unusual or extraordinary circumstances, the National Mediation Board will not accept an application for investigation of a representation dispute among employees of a carrier: (a) For a period of two (2) years from the date of a certification or decertification covering the same craft or class of employees on the same carrier, and (b) For a period of one (1) year from the date on which: (1) The Board dismissed a docketed application after having conducted an election among the same craft or class of employees on the same carrier and less than a majority of valid ballots cast were for representation; or (2) The Board dismissed a docketed application covering the same craft or class of employees on the same carrier because no dispute existed as defined in § 1206.2 of these rules; or (3) The Board dismissed a docketed application after the applicant withdrew an application covering the same craft or class of employees on the same carrier after the application was docketed by the Board. | ||||||
| 29:29:4.1.2.1.7.0.1.5 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.5 Decertification of representatives. | NMB | [84 FR 35989, July 26, 2019] | Employees who no longer wish to be represented may seek to decertify the current representative of a craft or class in a direct election. The employees must follow the procedure outlines in § 1203.2. | ||||||
| 29:29:4.1.2.1.7.0.1.6 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.6 Eligibility of dismissed employees to vote. | NMB | [12 FR 3083, May 10, 1947. Redesignated at 13 FR 8740, Dec. 30, 1948, and further redesignated at 77 FR 75549, Dec. 21, 2012. And further redesignated at 84 FR 35989, July 26, 2019] | Dismissed employees whose requests for reinstatement account of wrongful dismissal are pending before proper authorities, which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to participate in elections among the craft or class of employees in which they are employed at time of dismissal. This does not include dismissed employees whose guilt has been determined, and who are seeking reinstatement on a leniency basis. | ||||||
| 29:29:4.1.2.1.7.0.1.7 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.7 Construction of this part. | NMB | [12 FR 3083, May 10, 1947. Redesignated at 13 FR 8740, Dec. 30, 1948, and further redesignated at 77 FR 75549, Dec. 21, 2012. And further redesignated at 84 FR 35989, July 26, 2019] | The rules and regulations in this part shall be liberally construed to effectuate the purposes and provisions of the act. | ||||||
| 29:29:4.1.2.1.7.0.1.8 | 29 | Labor | X | 1206 | PART 1206—HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT | § 1206.8 Amendment or rescission of rules in this part. | NMB | [77 FR 75549, Dec. 21, 2012. Redesignated at 84 FR 35989, July 26, 2019]] | (a) The Board may at any time amend or rescind any rule or regulation in this part by following the public rulemaking procedures under the Administrative Procedure Act (5 U.S.C. 553) and after providing the opportunity for a public hearing. (b) The requirements of paragraph (a) of this section shall not apply to any rule or proposed rule to which the third sentence of section 553(b) of the Administrative Procedure Act applies. (c) Any interested person may petition the Board, in writing, for the issuance, amendment, or repeal of a rule or regulation in this part. An original and three copies of such petition shall be filed with the Board in Washington, DC, and shall state the rule or regulation proposed to be issued, amended, or repealed, together with a statement of grounds in support of such petition. | ||||||
| 7:7:10.1.1.1.3.1.38.1 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.1 Act. | AMS | Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425; Public Law 104-127; 110 Stat. 1029), or any amendments thereto. | |||||
| 7:7:10.1.1.1.3.1.38.10 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.10 Information. | AMS | Information means information and programs that are designed to develop new markets, marketing strategies, increase market efficiency, and activities that are designed to enhance the image of mangos in the United States. These include: (a) Consumer information, which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of mangos; and (b) Industry information, which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the mango industry, and activities to enhance the image of the mango industry. | |||||
| 7:7:10.1.1.1.3.1.38.11 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.11 Mangos. | AMS | [86 FR 11096, Feb. 24, 2021] | Mangos means all fresh fruit of Mangifera indica L. of the family Anacardiaceae. | ||||
| 7:7:10.1.1.1.3.1.38.12 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.12 Market or marketing. | AMS | Marketing means the sale or other disposition of mangos in the U.S. domestic market. To market means to sell or otherwise dispose of mangos in interstate or intrastate channels of commerce. | |||||
| 7:7:10.1.1.1.3.1.38.13 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.13 Order. | AMS | Order means an order issued by the Department under section 514 of the Act that provides for a program of generic promotion, research, and information regarding agricultural commodities authorized under the Act. | |||||
| 7:7:10.1.1.1.3.1.38.14 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.14 Part. | AMS | Part means part 1206 which includes the Mango Promotion, Research, and Information Order and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. | |||||
| 7:7:10.1.1.1.3.1.38.15 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.15 Person. | AMS | Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.3.1.38.16 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.16 Producer. | AMS | Producer means any person who is engaged in the production and sale of mangos in the United States and who owns, or shares the ownership and risk of loss of, the crop or a person who is engaged in the business of producing, or causing to be produced, mangos beyond the person's own family use and having value at first point of sale. | |||||
| 7:7:10.1.1.1.3.1.38.17 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.17 Promotion. | AMS | Promotion means any action taken to present a favorable image of mangos to the general public and the food industry for the purpose of improving the competitive position of mangos and stimulating the sale of mangos in the United States. This includes paid advertising and public relations. | |||||
| 7:7:10.1.1.1.3.1.38.18 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.18 Research. | AMS | Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of mangos, including research relating to nutritional value, cost of production, new product development, varietal development, nutritional value and benefits, and marketing of mangos. | |||||
| 7:7:10.1.1.1.3.1.38.19 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.19 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.3.1.38.2 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.2 Board. | AMS | [84 FR 5344, Feb. 21, 2019] | Board or National Mango Board means the administrative body established pursuant to § 1206.30, or such other name as recommended by the Board and approved by the Department. | ||||
| 7:7:10.1.1.1.3.1.38.20 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.20 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States. | |||||
| 7:7:10.1.1.1.3.1.38.21 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.21 Suspend. | AMS | Suspend means to issue a rule under section 553 of title 5, U.S.C., to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule. | |||||
| 7:7:10.1.1.1.3.1.38.22 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.22 Terminate. | AMS | Terminate means to issue a rule under section 553 of title 5, U.S.C., to cancel permanently the operation of an order or part thereof beginning on a certain date specified in the rule. | |||||
| 7:7:10.1.1.1.3.1.38.23 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.23 United States. | AMS | United States or U.S. means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.3.1.38.24 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.24 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.3.1.38.25 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.30 Establishment and membership. | AMS | [69 FR 59122, Oct. 4, 2004, as amended at 76 FR 36283, June 22, 2011; 84 FR 5345, Feb. 21, 2019; 86 FR 11096, Feb. 24, 2021] | (a) Establishment of the National Mango Board. There is hereby established a National Mango Board composed of eight importers; one first handler; two domestic producers; and seven foreign producers. First handler Board members must receive 500,000 pounds or more mangos annually from producers, and importer Board members must import 500,000 pounds or more mangos annually. The chairperson shall reside in the United States and the Board office shall also be located in the United States. (b) Importer districts. Board seats for importers of mangos shall be allocated based on the volume of mangos imported into the Customs Districts identified by their name and Code Number as defined in the Harmonized Tariff Schedule of the United States. Two seats shall be allocated for District I, three seats for District II, two seats for District III, and one seat for District IV. (1) District I includes the Customs Districts of Portland, ME (01), St. Albans, VT (02), Boston, MA (04), Providence, RI (05), Ogdensburg, NY (07), Buffalo, NY (09), New York City, NY (10), Philadelphia, PA (11), Baltimore, MD (13), Norfolk, VA (14), Charlotte, NC (15), Charleston, SC (16), Savannah, GA (17), Tampa, FL (18), San Juan, PR (49), Virgin Islands of the United States (51), Miami, FL (52) and Washington, DC (54). (2) District II includes the Customs Districts of Mobile, AL (19), New Orleans, LA (20), Port Arthur, TX (21), Laredo, TX (23), Minneapolis, MN (35), Duluth, MN (36), Milwaukee, WI (37), Detroit, MI (38), Chicago, IL (39), Cleveland, OH (41), St. Louis, MO (45), Houston, TX (53), and Dallas-Fort Worth, TX (55). (3) District III includes the Customs Districts of El Paso, TX (24), Nogales, AZ (26), Great Falls, MT (33), and Pembina, ND (34). (4) District IV includes the Customs Districts of San Diego, CA (25), Los Angeles, CA (27), San Francisco, CA (28), Columbia-Snake, OR (29), Seattle, WA (30), Anchorage, AK (31), and Honolulu, HI (32). (c) Adjustment of membership. At least once every five years, the Board will rev… | ||||
| 7:7:10.1.1.1.3.1.38.26 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.31 Nominations and appointments. | AMS | [69 FR 59122, Oct. 4, 2004, as amended at 76 FR 36283, June 22, 2011; 78 FR 39566, July 2, 2013; 84 FR 5345, Feb. 21, 2019; 86 FR 11097, Feb. 24, 2021] | (a) Voting for first handler, importer, and domestic producer members will be made by mail ballot. (b) There shall be two nominees for each position on the Board. (c) Nominations for the initial Board will be handled by the Department. Subsequent nominations will be handled by the Board's staff. (d) Nominees to fill the first handler member position on the Board shall be solicited from all known first handlers. The nominees shall be placed on a ballot which will be sent to all first handlers for a vote. The nominee receiving the highest number of votes and the nominee receiving the second highest number of votes shall be submitted to the Department as the first handlers' first and second choice nominees. (e) Nominees to fill the mango importer positions on the Board shall be solicited from all known importers of mangos. The members from each district shall select the nominees for two positions on the Board. Two nominees shall be submitted for each position. The nominees shall be placed on a ballot which will be sent to mango importers in the districts for a vote. For each position, the nominee receiving the highest number of votes and the nominee receiving the second highest number of votes shall be submitted to the Department as the importers' first and second choice nominees. (f) Nominees to fill the domestic producer member positions on the Board shall be solicited from all known domestic producers. The nominees shall be placed on a ballot which will be sent to all domestic producers for a vote. The nominee receiving the highest number of votes and the nominee receiving the second highest number of votes shall be submitted to the Department as the producers' first and second choice nominees. (g) Nominees to fill the foreign producer member positions on the Board shall be solicited from organizations of foreign mango producers and from foreign mango producers. Organizations of foreign mango producers shall submit two nominees for each position, and foreign mango producers may submit their name or the name… | ||||
| 7:7:10.1.1.1.3.1.38.27 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.32 Term of office. | AMS | [86 FR 11097, Feb. 24, 2021] | The term of office for first handler, importer, domestic producer, and foreign producer members of the Board will be three years. Members may serve a maximum of two consecutive three-year terms. Each term of office will end on December 31, with new terms of office beginning on January 1 | ||||
| 7:7:10.1.1.1.3.1.38.28 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.33 Vacancies. | AMS | (a) In the event that any member of the Board ceases to be a member of the category of members from which the member was appointed to the Board, such position shall automatically become vacant. (b) If a member of the Board consistently refuses to perform the duties of a Board member, or if a member of the Board engages in acts of dishonesty or willful misconduct, the Board may recommend to the Department that the member be removed from office. If the Department finds the recommendation of the Board shows adequate cause, the Department shall remove such member from office. (c) Should any member position become vacant, successors for the unexpired term of the member shall be appointed in the manner specified in § 1206.31, except that nomination and replacement shall not be required if the unexpired term is less than six months. | |||||
| 7:7:10.1.1.1.3.1.38.29 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.34 Procedure. | AMS | [68 FR 58554, Oct. 9, 2003, as amended at 84 FR 5345, Feb. 21, 2019; 86 FR 11097, Feb. 24, 2021; 86 FR 33494, June 25, 2021] | (a) At a Board meeting, it will be considered a quorum when at least one more than half of the voting members are present. (b) At the start of each fiscal period, the Board will select a chairperson and vice chairperson who will conduct meetings throughout that period. (c) All Board members will be notified at least 30 days in advance of all Board and committee meetings unless an emergency meeting is declared. (d) Each voting member of the Board will be entitled to one vote on any matter put to the Board, and the motion will carry if supported by one vote more than 50 percent of the total votes represented by the Board members present. (e) It will be considered a quorum at a committee meeting when at least one more than half of those assigned to the committee are present. Committees may consist of individuals other than Board members, and such individuals may vote in committee meetings. Committee members shall serve without compensation but shall be reimbursed for reasonable travel expenses, as approved by the Board. (f) In lieu of voting at a properly convened meeting and, when in the opinion of the chairperson of the Board such action is considered necessary, the Board may take action if supported by one vote more than 50 percent of the members by mail, telephone, electronic mail, facsimile, or any other means of communication. In that event, all members must be notified and provided the opportunity to vote. Any action so taken shall have the same force and effect as though such action had been taken at a properly convened meeting of the Board. All telephone votes shall be confirmed promptly in writing. All votes shall be recorded in Board minutes. (g) There shall be no voting by proxy. (h) The chairperson shall be a voting member and shall reside in the U.S. (i) The organization of the Board and the procedures for conducting meetings of the Board shall be in accordance with its bylaws, which shall be established by the Board and approved by the Department. | ||||
| 7:7:10.1.1.1.3.1.38.3 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.3 Conflict of interest. | AMS | Conflict of interest means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value. | |||||
| 7:7:10.1.1.1.3.1.38.30 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.35 Compensation and reimbursement. | AMS | The members of the Board shall serve without compensation but shall be reimbursed for reasonable travel expenses, as approved by the Board, incurred by them in the performance of their duties as Board members. | |||||
| 7:7:10.1.1.1.3.1.38.31 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.36 Powers and duties. | AMS | The Board shall have the following powers and duties: (a) To administer the Order in accordance with its terms and conditions and to collect assessments; (b) To develop and recommend to the Department for approval such bylaws as may be necessary for the functioning of the Board, and such rules as may be necessary to administer the Order, including activities authorized to be carried out under the Order; (c) To meet, organize, and select from among the members of the Board a chairperson, other officers, committees, and subcommittees, as the Board determines appropriate; (d) To employ persons, other than the members, as the Board considers necessary to assist the Board in carrying out its duties and to determine the compensation and specify the duties of such persons; (e) To develop programs, plans, and projects, and enter into contracts or agreements, which must be approved by the Department before becoming effective, for the development and carrying out of programs or projects of research, information, or promotion, and the payment of costs thereof with funds collected pursuant to this subpart. Each contract or agreement shall provide that: any person who enters into a contract or agreement with the Board shall develop and submit to the Board a proposed activity; keep accurate records of all of its transactions relating to the contract or agreement; account for funds received and expended in connection with the contract or agreement; make periodic reports to the Board of activities conducted under the contract or agreement; and, make such other reports available as the Board or the Department considers relevant. Furthermore, any contract or agreement shall provide that: (1) The contractor or agreeing party shall develop and submit to the Board a program, plan, or project together with a budget or budgets that shall show the estimated cost to be incurred for such program, plan, or project; (2) The contractor or agreeing party shall keep accurate records of all its transactions and make periodic reports to t… | |||||
| 7:7:10.1.1.1.3.1.38.32 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.37 Prohibited activities. | AMS | The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (a) Any action that is a conflict of interest; and (b) Using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments, other than recommending to the Department amendments to the Order. | |||||
| 7:7:10.1.1.1.3.1.38.4 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.4 Customs. | AMS | Customs means the Customs and Border Protection of the U.S. Department of Homeland Security. | |||||
| 7:7:10.1.1.1.3.1.38.5 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.5 Department. | AMS | Department means the U.S. Department of Agriculture or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. | |||||
| 7:7:10.1.1.1.3.1.38.6 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.6 First handler. | AMS | [86 FR 11096, Feb. 24, 2021] | First handler means any person (excluding a common or contract carrier) receiving 500,000 or more pounds of mangos from producers in a calendar year and who as owner, agent, or otherwise ships or causes mangos to be shipped as specified in this Order. This definition includes those engaged in the business of buying, selling and/or offering for sale; receiving; packing; grading; marketing; or distributing mangos in commercial quantities. The term first handler includes a producer who handles or markets mangos of the producer's own production. | ||||
| 7:7:10.1.1.1.3.1.38.7 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.7 Fiscal period. | AMS | Fiscal period means a calendar year from January 1 through December 31, or such other period as recommended by the Board and approved by the Department. | |||||
| 7:7:10.1.1.1.3.1.38.8 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.8 Foreign producer. | AMS | [86 FR 11096, Feb. 24, 2021] | Foreign producer means any person: (a) Who is engaged in the production and sales of mangos outside of the United States who owns, or shares the ownership and risk of loss of the crop for sale in the U.S. market; or (b) Who is engaged, outside of the United States, in the business of producing, or causing to be produced, mangos beyond the person's own family use and having value at first point of sale. | ||||
| 7:7:10.1.1.1.3.1.38.9 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.9 Importer. | AMS | [86 FR 11096, Feb. 24, 2021] | Importer means any person importing 500,000 or more pounds of mangos into the United States in a calendar year as a principal or as an agent, broker, or consignee of any person who produces or handles mangos outside of the United States for sale in the United States, and who is listed as the importer of record for such mangos. | ||||
| 7:7:10.1.1.1.3.1.39.33 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.40 Budget and expenses. | AMS | (a) At least 60 days prior to the beginning of each calendar year, and as may be necessary thereafter, the Board shall prepare and submit to the Department a budget for the calendar year covering its anticipated expenses and disbursements in administering this subpart. Each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project; (2) A summary of anticipated revenue, with comparative data or at least one preceding year (except for the initial budget); (3) A summary of proposed expenditures for each program, plan, or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget). (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this subpart. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan, or project to another. Shifts of funds which do not cause an increase in the Board's approved budget and which are consistent with governing bylaws need not have prior approval by the Department. (d) The Board is authorized to incur such expenses, including provision for a reserve, as the Department finds reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) With approval of the Department, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed by the Board shall be expended only for startup costs and capital outlays and are limited to the first year of operation of the Board. (f) The Board may accept voluntary contributions, but these shall only be used to pay expenses incurr… | |||||
| 7:7:10.1.1.1.3.1.39.34 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.41 Financial statements. | AMS | (a) As requested by the Department, the Board shall prepare and submit financial statements to the Department on a periodic basis. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget. (b) Each financial statement shall be submitted to the Department within 30 days after the end of the time period to which it applies. (c) The Board shall submit annually to the Department an annual financial statement within 90 days after the end of the calendar year to which it applies. | |||||
| 7:7:10.1.1.1.3.1.39.35 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.42 Assessments. | AMS | [68 FR 58554, Oct. 9, 2003, as amended at 77 FR 21846, Apr. 12, 2012; 84 FR 5345, Feb. 21, 2019; 86 FR 11097, Feb. 24, 2021] | (a) The funds to cover the Board's expenses shall be paid from assessments on first handlers and importers, donations from any person not subject to assessments under this Order, and other funds available to the Board and subject to the limitations contained therein. (b) Assessment rate. The assessment rate on mangos shall be three quarters of a cent ($0.0075) per pound (or $0.0165 per kg). The assessment rates will be reviewed periodically and may be modified by the Board with the approval of the Department. (c) Domestic mangos. First handlers of domestic mangos are required to pay assessments on all mangos handled for the U.S. market. This includes mangos of the first handler's own production. (d) Imported mangos. Each importer of mangos shall pay an assessment to the Board through Customs on mangos imported for marketing in the United States. (1) The import assessment shall be uniformly applied to imported mangos that are identified by the numbers in the 0804.50.4045, 0804.50.4055, 0804.50.6045, and 0804.50.6055 Harmonized Tariff Schedule (HTS) of the United States and shall be the same or equivalent to the rate of mangos produced in the United States. (2) In the event that any HTS number subject to assessment is changed and such change is merely a replacement of a previous number and has no impact on the description of mangos, assessments will continue to be collected based on the new numbers. (3) The assessments due on imported mangos shall be paid when they enter or are withdrawn for consumption in the United States. (e) Each person responsible for remitting assessments under paragraph (c) of this section shall remit the amounts due to the Board's office on a monthly basis no later than the fifteenth day of the month following the month in which the mangos were marketed, in such manner as prescribed by the Board. (f) A late payment charge shall be imposed on any person failing to remit to the Board the total amount for which the person is liable by the payment due date established under this s… | ||||
| 7:7:10.1.1.1.3.1.39.36 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.43 Exemptions. | AMS | [68 FR 58554, Oct. 9, 2003, as amended at 84 FR 5345, Feb. 21, 2019; 86 FR 11097, Feb. 24, 2021; 86 FR 33494, June 25, 2021] | (a) Any first handler or importer of less than 500,000 pounds of mangos per calendar year may claim an exemption from the assessments required under § 1206.42. Mangos produced domestically and exported from the United States may annually claim an exemption from the assessments required under § 1206.42. (b) A first handler or importer desiring an exemption shall apply to the Board, on a form provided by the Board, for a certificate of exemption. A first handler must certify that it will receive less than 500,000 pounds of domestic mangos during the fiscal period for which the exemption is claimed. An importer must certify that it will import less than 500,000 pounds of mangos for the fiscal period for which the exemption is claimed. (c) Upon receipt of an application, the Board shall determine whether an exemption may be granted. The Board then will issue, if deemed appropriate, a certificate of exemption to each person who is eligible to receive one. It is the responsibility of these persons to retain a copy of the certificate of exemption. (d) Importers who receive a certificate of exemption shall be eligible for reimbursement of assessments collected by Customs. These importers shall apply to the Board for reimbursement of any assessments paid. No interest will be paid on the assessments collected by Customs. Requests for reimbursement shall be submitted to the Board within 90 days of the last day of the calendar year the mangos were actually imported. (e) Any person who desires an exemption from assessments for a subsequent calendar year shall reapply to the Board, on a form provided by the Board, for a certificate of exemption. (f) The Board may require persons receiving an exemption from assessments to provide to the Board reports on the disposition of exempt mangos and, in the case of importers, proof of payment of assessments. | ||||
| 7:7:10.1.1.1.3.1.40.37 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.50 Programs, plans, and projects. | AMS | (a) The Board shall receive and evaluate, or on its own initiative develop, and submit to the Department for approval any program, plan, or project authorized under this subpart. Such programs, plans, or projects shall provide for: (1) The establishment, issuance, effectuation, and administration of appropriate programs for promotion, research, and information, including producer and consumer information, with respect to mangos; and (2) The establishment and conduct of research with respect to: the use, nutritional value and benefits, sale, distribution, and marketing of mangos in the United States; the creation of new products thereof, to the end that the marketing and use of mangos in the United States may be encouraged, expanded, improved, or made more acceptable; and to advance the image, desirability, or quality of mangos in the United States. (b) No program, plan, or project shall be implemented prior to its approval by the Department. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) Each program, plan, or project implemented under this subpart shall be reviewed or evaluated periodically by the Board to ensure that it contributes to an effective program of promotion, research, or information. If it is found by the Board that any such program, plan, or project does not contribute to an effective program of promotion, research, or information, then the Board shall terminate such program, plan, or project. (d) No program, plan, or project including advertising shall be false or misleading or disparaging to another agricultural commodity. Mangos of all origins shall be treated equally. | |||||
| 7:7:10.1.1.1.3.1.40.38 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.51 Independent evaluation. | AMS | The Board shall, not less often than every five years, authorize and fund, from funds otherwise available to the Board, an independent evaluation of the effectiveness of the Order and other programs conducted by the Board pursuant to the Act. The Board shall submit to the Department, and make available to the public, the results of each periodic independent evaluation conducted under this paragraph. | |||||
| 7:7:10.1.1.1.3.1.40.39 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.52 Patents, copyrights, trademarks, information, publications, and product formulations. | AMS | Patents, copyrights, trademarks, information, publications, and product formulations developed through the use of funds received by the Board under this subpart shall be the property of the U.S. Government, as represented by the Board, and shall, along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Department Upon termination of this subpart, § 1206.73 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.3.1.41.40 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.60 Reports. | AMS | (a) Each first handler will be required to provide to the Board periodically such information as may be required by the Board, with the approval of the Department, which may include but not be limited to the following: (1) Number of pounds of domestic mangos handled; (2) Number of pounds of domestic mangos on which an assessment was paid; (3) Name and address of the producers from whom the first handler has received mangos; (4) Date that assessment payments were made on each pound of domestic mangos handled; (5) Number of pounds of domestic mangos exported; (6) The first handler's tax identification number; (b) Each importer may be required to provide to the Board periodically such information as may be required by the Board, with the approval of the Department, which may include but not be limited to the following: (1) Number of pounds of mangos imported; (2) Number of pounds of mangos on which an assessment was paid; (3) Name, address, and tax identification number of the importer; and (4) Date that assessment payments were made on each pound imported. | |||||
| 7:7:10.1.1.1.3.1.41.41 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.61 Books and records. | AMS | Each first handler and importer shall maintain and make available for inspection by the Department such books and records as are necessary to carry out the provisions of this part, any regulations issued under this part, including such records as are necessary to verify any reports required. Such records shall be retained for at least two years beyond the fiscal period of their applicability. | |||||
| 7:7:10.1.1.1.3.1.41.42 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.62 Confidential treatment. | AMS | All information obtained from books, records, or reports under the Act and this part shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, first handlers, or importers. Only those persons having a specific need for such information to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this part, together with a statement of the particular provisions of this part violated by such person. | |||||
| 7:7:10.1.1.1.3.1.42.43 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.70 Right of the Secretary. | AMS | All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.3.1.42.44 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.71 Referenda. | AMS | (a) Initial Referendum. The Order shall not become effective unless: (1) The Department determines that the Order is consistent with and will effectuate the purposes of the Act; and (2) The Order is approved by a majority of the first handlers and importers voting, who, during a representative period determined by the Department, have been engaged in the handling or importation of mangos. (b) Subsequent referenda. Every five years, the Department shall hold a referendum to determine whether first handlers and importers of mangos favor the continuation of the Order. The Order shall continue if it is favored by a majority of the first handlers and importers voting who, during a representative period determined by the Department, have been engaged in the handling or importation of mangos. The Department will also conduct a referendum if 10 percent or more of all non-exempt, first handlers and importers of mangos request the Department to hold a referendum. In addition, the Department may hold a referendum at any time. | |||||
| 7:7:10.1.1.1.3.1.42.45 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.72 Suspension and termination. | AMS | (a) The Department shall suspend or terminate this part or subpart or a provision thereof if the Department finds that the subpart or a provision thereof obstructs or does not tend to effectuate the purposes of the Act, or if the Department determines that this subpart or a provision thereof is not favored by persons voting in a referendum conducted pursuant to the Act. (b) The Department shall suspend or terminate this subpart at the end of the marketing year whenever the Department determines that its suspension or termination is approved or favored by a majority of the first handlers and importers voting who, during a representative period determined by the Department, have been engaged in the handling or importation of mangos. (c) If, as a result of a referendum the Department determines that this subpart is not approved, the Department shall: (1) Not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under this subpart; and (2) As soon as practical, suspend or terminate, as the case may be, activities under this subpart in an orderly manner. | |||||
| 7:7:10.1.1.1.3.1.42.46 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.73 Proceedings after termination. | AMS | (a) Upon the termination of this subpart, the Board shall recommend not more than five of its members to the Department to serve as trustees for the purpose of liquidating the affairs of the Board. Such persons, upon designation by the Department, shall become trustees of all of the funds and property then in the possession or under control of the Board, including claims for any funds unpaid or property not delivered, or any other claim existing at the time of such termination. (b) The said trustees shall: (1) Continue in such capacity until discharged by the Department; (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to the Order; (3) From time to time, account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and the trustees, to such person or persons as the Department may direct; and (4) Upon request of the Department, execute such assignments or other instruments necessary and appropriate to vest in such persons title and right to all funds, property and claims vested in the Board or the trustees pursuant to the Order. (c) Any person to whom funds, property or claims have been transferred or delivered pursuant to the Order shall be subject to the same obligations imposed upon the Board and upon the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Department to be disposed of, to the extent practical, to one or more mango industry organizations in the interest of continuing mango promotion, research, and information programs. | |||||
| 7:7:10.1.1.1.3.1.42.47 | 7 | Agriculture | XI | 1206 | PART 1206—MANGO PROMOTION, RESEARCH, AND INFORMATION | A | Subpart A—Mango Promotion, Research, and Information Order Definitions | § 1206.74 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Department, the termination or amendment of this part or any subpart thereof, shall not: (a) Affect or waive any right, duty, obligation or liability which shall have arisen or which may thereafter arise in connection with any provision of this part; or (b) Release or extinguish any violation of this part; or (c) Affect or impair any rights or remedies of the United States, or of the Department, or of any other persons with respect to any such violation. |
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