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§ 3.43 Conformity with posted signs.

No person shall fail or refuse to comply with officially posted signs of a prohibitory or directory nature, and, during emergencies, with the directions of authorized individuals. & 3.44 Nuisances.

No person shall willfully disrupt the conduct of official business on the reservation, or engage in disorderly conduct; nor shall any person litter or dispose of rubbish in an unauthorized manner, throw articles of any kind from a buildIng or climb upon any part of a building for other than authorized purposes. $ 3.45 Gambling.

No person shall participate in games for money or other property, or in the operation of gambling devices, the conduct of lotteries or pools, or in the selling or purchasing of numbers tickets, or the taking or placing of bets. $ 3.46 Intoxicating beverages and nar.

cotics. The consumption or use of intoxicating beverages, or narcotic drugs, except in connection with legal work assignments or in the course of professional treatment, or as otherwise authorized by the Director, is prohibited. § 3.47 Weapons and explosives.

No person other than uniformed guards specifically authorized, or other Federal, State, or local law enforcement officials so authorized, shall carry, transport, or otherwise possess on the reservation, firearms, other dangerous or deadly weapons or materials, or explosives, either openly or concealed. $ 3.48 Nondiscrimination.

No person shall discriminate by segregation or otherwise against any other person(s) because of race, creed, color, sex, or national origin, in furnishing, or by refusing to furnish to such person(s) the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided thereby on the reservation. § 3.49 Pets and other animals.

No person shall bring upon the reservation any cats, dogs, or other animals except for authorized purposes, provided

however, that blind persons may have the use of seeing eye dogs. § 3.50 Sports and hobbies.

No person shall participate in any sport or hobby on the reservation unless authorized or except in designated areas. § 3.51 Photography for news, advertis

ing, or commercial purposes. Except where security regulations apply, photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, and auditoriums when used for public meetings, in facilities on the reservation, unless otherwise marked, without prior approval. Photography for advertising and commercial purposes may be conducted only with the written permission of the Director, National Institutes of Health; provided, however, that photographs involving patients of the Clinical Center may be taken only with the consent of the patient and upon the written approval of the Director, Clinical Center.

Subpart D-Penalties $ 3.60 Penalties—other laws.

Whoever shall be found guilty of violating these regulations is subject to a fine of not more than $50 or imprisonment of not more than 30 days, or both (40 U.S.C. 318c). Except as expressly provided in this part, nothing contained in these regulations shall be construed to abrogate any other Federal laws or regulations, or any State and local laws and regulations applicable to the area in which the reservation is situated.

PART 4-SERVICE OF PROCESS § 4.1 Service of process required to be

served on or delivered to Secretary. (a) Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Health, Education, and Welfare shall be delivered to the Deputy General Counsel, the Secretary to the Deputy General Counsel, or the Secretary to the General Counsel, Office of the General Counsel, 330 Independence Avenue SW., Washington, D.C. 20201. The persons above designated are authorized to accept service of such process. (5 U.S.C. 301) (34 F.R. 555, Jan. 16, 1969)



Subpart A-Definitions Sec. 5.1 Act. 5.2 Department. 5.3 Operating agency. 5.4 Heads of office of Secretary and oper.

onor ating agencies. 5.5 Records.

Subpart B What Records Are Available 5.11 Purpose and scope. 5.12 General policy. 5.13 Records available. 5.14 Published documents. 5.15 Creation of records. 5.16 Deletion of identifying details. 5.17 Records in record centers. 5.18 Destroyed records. 5.19 Records of other departments and

Subpart C—Where Information Centers Are

Located 5.31 Information centers or facilities. 5.32 Information center officers. 5.33 Duty hours, 5.34 Material in the information centers. Subpart D-Procedures for Requesting Access to

Records 5.51 Procedure. 5.52 Copies of records. 5.53 Denial of requests for records,

Subpart E-Fees 5.60 Poucy on fees. 5.61 Fee schedules. 5.62 Publication of fee schedules. 5.63 Searching records. 5.64 Copying. 5.65 Certification or authentication.

Subpart F-Exemptions 5.70 Exemptions. 5.71 Records specifically required by Execu

tive order to be kept secret in the interest of the national defenso or

foreign policy. 5.72 Records relating solely to the Internal

personnel rules and practices of the

Department. 5.73 Records specifically exempted from

disclosure by statute. 5.74 Trade secrets and commercial or f

nancial information obtained from any person and privileged or coni

dential. 5.75 Interagency or intraagency memo

randums or letters which would not be available by law to a private party in litigation with the agency.

Sec. 6.76 Personnel and medical files and sim

llar Ales the disclosure of which would constitute & clearly unwar.

ranted invasion of personal privacy. 5.77 Investigatory Ales compiled for law en

forcement purposes except to the extent available by law to a privato

party. 6.78 Records contained in or related to 6.

examination, operating or condition reports prepared by, on behalf of, or for the use of the Department or any operating agency responsible for the regulation or supervision of i

nancial institutions. 5.79 Geological and geophysical informe

tion and data (including maps) concerning wells.

Subpart G—Administrative Review 5.80 Review of denial of a record. 5.81 Time for Initiation of request for

review. 5.82 By whom review is made. 5.83 Contents of request for review. 5.84 Consideration on review. 5.85 Decisions on review. Appendix A-Examples of kinds of exemps


AUTHORITY: The provisions of this part o issued under 81 Stat. 54; 7 0.8.C. 2243, 8 U.S.C. 552.

SOURCE: The provisions of this part 8 appear at 32 F.R. 9315, June 30, 1967, unless otherwise noted.

Subpart A-Definitions § 5.1 Act.

As used in this part, “Act" means section 552 of Title 5, United States Code, as amended by Public Law 90–23, codifying the Act of July 4, 1966, sometimes referred to as the “Public Information Act". $ 5.2 Department.

As used in this part, “Department" means the Department of Health, Education, and Welfare, which consists of the Office of the Secretary and the several operating agencies. § 5.3 Operating agency.

As used in this part, “operating agency" means the constituent operating agencies of the Department, i.e., the Consumer Protection and Environmental Health Services, the Health Services and Mental Health Administration, the Na

tional Institutes of Health, the Office of Education, the Social Security Administration, and the Social and Rehabilitation Service. Three operating agencies, the Consumer Protection and Environmental Health Services, the Health Seryices and Mental Health Administration, and the National Institutes of Health, constitute the Public Health Service. 133 F.R. 18030, Dec. 4, 1968) & 5.4 Heads of Office of Secretary and

operating agencies. (a) The heads of the Office of the Secretary, the Public Health Service, and the operating agencies are the following: Omce of the Secretary-Secretary of Health,

Education, and Welfare. Public Health Service Assistant Secretary

(Health and Scientific Affairs). Consumer Protection and Environmental

Health Services-Administrator, Consumer Protection and Environmental

Health Services. Health Services and Mental Health Adminis

tration Administrator, Health Services

and Mental Health Administration. National Institutes of Health-Director, Na

tional Institutes of Health. Office of Education Commissioner of Edu

cation. Social Security Administration Commis

sioner of Social Security. Social and Rehabilitation Service Adminis

trator, Social and Rehabilitation Service. 133 F.R. 18030, Dec. 4, 1968) 5.5 Records. As used in this part:

(a) "Record" includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary mate rials, regardless of physical form or characteristics, made or received by the Department in pursuant of Federal law or in connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) "Record” does not include: Objects or articles such as tangible exhibits, models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property, books, magazines, pamphlets, or other reference material in formally organized and

officially designated Ubraries of the Department, which are available under the rules of the particular Ubrary concerned. Subpart B-What Records Are

Available $ 5.11 Purpose and scope.

This part constitutes the regulation of the Department respecting the avail. ability to the public, pursuant to the Act, of records of the Department. It informs the public about what records are available and where and how they may be obtained. It does not revoke, modify, or supersede the following regulations of the Public Health Service, of the operating agencies or of subsidiaries of operating agencies: Public Health Service-42 CFR Part 1. Food and Drug Administration, CP&EHS.

PHS-21 CFR Part 4. St. Elizabeths Hospital, NIME, PHS-42 CFR

Part 300. Social Security Administration—20 CFR Part

401. Bureau of Federal Credit Unions, SSA-45

CFR Part 320. (33 F.R. 18030, Dec. 4, 1968) & 5.12 General policy.

The Department's policy is one of the fullest responsible disclosure limited only by the obligations of confidentiality and the administrative necessities recognized by the Act. Unless otherwise exempted from disclosure pursuant to law, records of the Department shall be available for Inspection and copying in accordance with this part. The establishment of records search and copying services in especially designated centers shall supplement, and in no way curtall, the free access of public Inquirers throughout the Department. & 5.13 Records available.

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

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

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

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

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

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

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

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

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

(3) Administrative staff manua!r. and Instructions to staff that affect any member of the public; unless such materials are promptly published and copies offered for sale. The Department shall maintain and make available for public Inspection and copying current indexes providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by this paragraph (b) to be published or made available.

(c) Availability of records on request. In addition to the records made avail. able pursuant to paragraphs (a) and (b) of this section, the Department shall, upon request for identifiable records made in accordance with this part, make such records available to any person, unless it is determined that such records

must be withheld from disclosure and are exempt under subsection (b) of the Act and Subpart F of this part. $ 5.14 Published documents.

Published records of the Department, whether or not available for purchase, shall be made available for examination in or through the appropriate Information Centers. § 5.15 Creation of records.

Records are not required to be created by compiling selected items from the files, and records are not required to be created to provide the requester with such data as ratios, proportions, percentages, per capitas, frequency distributions, trends, correlations, and comparisons. If such data have been compiled and are available in the form of a record, the record shall be made available as provided in this part. $ 5.16 Deletion of identifying details.

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

Names of parties and certain other identifying details have been removed (and fictitious names substituted) in order to prevent a clearly unwarranted invasion of the personal privacy of the individuals involved. £ 5.17 Records in record centers.

When a request is made for identifiable records of the Department which have been stored in the National Archives or other record centers of the General Services Administration, but would otherwise be available under this Act, such records shall be requested by the Department for the requester. $ 5.18 Destroyed records.

Records of specified form or character are destroyed after the lapse of time


specified in the Records Disposal Act of
1943 (44 U.S.C. 366-380), the Federal
Property Management Regulations (41
CFR Part 101-111), and the Records
Control Schedules (Appendices A and B
of the Department of Health, Education,
and Welfare Records Management
8 5.19 Records of other departments and

Roquests for records which originated
in or concern matters which originated
in another Department or Government
agency may be forwarded to the Depart-
ment or agency primarily concerned and
the requester so notified.
Subpart C-Where Information

Centers Are Located § 5.31 Information centers or facilities.

(a) The Department maintains its Central Information Center at the following location: Department of Health, Education, and Wel

fare, North Building, 330 Independence Avenue sw., Washington, D.C. 20201. This Center shall include a records reference and copying service, and shall

have as its primary goal the provision, as far as practicable, of information service covering the programs and activities of the Department.

(b) The Department maintains an
Information Center or information
facilities in each of its Regional Offices
as follows:
Region I-John F. Kennedy Federal Building.

Boston, Mass. 02203.
Region II—42 Broadway, New York, N.Y.

Region III—220 Seventh Street NE., Char-

lottesville, Va, 22901.
Region V-50 Seventh Street NE., Atlanta,

Ga. 30323.
Region V-New Post Office Building, 433

West Van Buren Street, Chicago, Ill.

Region VI-601 East 12th Street, Kansas

City, Mo. 64106.
Region VII-1114 Commerce Street, Dallas,

Tex. 75202.
Region VIII- Federal Office Building, 19th

and Stout Streets, Denver, Colo. 80202. Region IX--Federal Office Building, 50 Ful

ton Street, San Francisco, Calli. 94102.

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

Office of the Secretary------

HEW North Building, 330 Independence Ave

nue SW., Washington, D.C. 20201. Consumer Protection and Enviromental Federal Office Building No. 8, 200 C Street

Health Services, Public Health Service (for SW., Washington, D.C. 20204.

the Food and Drug Administration). Health Services and Mental Health Adminis- HEW South Building, 330 C Street sw., tration, Public Health Service.

Washington, D.C. 20201. St. Elizabeths Hospital, National Institute of Administration Building, St. Elizabeths HosMental Health, Public Health Service.

pital, Nichols Avenue beyond Anacostia

Avenue SE., Washington, D.C. 20032. Office of Education...

Federal Office Building No. 6, 400 Maryland

Avenue SW., Washington, D.C. 20202. Social Security Administration -

Social Security Building, 6401 Security Boule

vard, Baltimore, Md. 21235 (as set forth in

20 CFR Part 401). Social and Rehabilitation Services.--------- HEW North Building, 330 Independence Ave

nue SW., Washington, D.C. 20201.

(d) The operating agencies may establish such other information centers as they may hereafter determine. Upon the establishment of such additional center(s) the operating agency shall publish in the FEDERAL REGISTER a notice thereof, containing the address thereof, materials to be maintained therein, and the official who has a like responsibility to that of the Information Center Offcers provided for in $ 5.32 or $ 5.53. 132 F.R. 9315, June 30, 1967, as amended at 32 F.R. 14895, Oct. 27, 1967; 33 F.R. 18030, Dec. 4, 1968)

$ 5.32 Information center officers.

(a) The Associate Director of Information for Public Services shall serve as the Department's Central Information Center Officer and shall be responsible for determining whether records of the Office of the Secretary (including its staff offices) must be withheld from disclosure and shall have authority to deny requests for records of the Office of the Secretary.

(b) The Regional Information Center Officer in each region shall have a like

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