the agreed upon time to develop the materials.

(1) Details on priorities will be written into the agreements.

(2) The Director of Information will retain the right to cancel priorities when the producer at any stage violates the provisions of the regulations or of a particular agreement, or when public interest is no longer served.

(3) No priority will be canceled until the producer has had an opportunity to appear before the Secretary of Agriculture or his designee.

§ 1.78 Development of special working relationships.

(a) Preliminary. Prior to the submittal of a script or the rendering of an agreement, assistance may be given by the Department or one of its agencies in outlining story plans, visits to field points, and other incidentals that will assist the producer in determining his course of action.

(b) Request for special working arrangements. Once the decision is made to go ahead with an agreement, either the interested agency or the producer will make a written submission to the Director of Information, requesting that special working arrangements be established.

(1) In submitting scripts prior or subsequent to executing a written agreement under a special working relationship four (4) copies of the completed script shall be submitted to the Director of Information or his designee, along with a statement of specific requirements and the anticipated production schedule.

(2) No script will be used under a special working relationship without the specific approval of the Director of Information.

(3) Upon approval of the script, the agency of the Department concerned with subject matter will endeavor to arrange for the desired assistance with the stipulations of this policy.

§ 1.92 Department policy.

(a) Preference. Licensed blind persons shall be given preference in the operation of vending stands on any Department-controlled premises in which vending stands may be properly and satisfactorily operated by such persons without unduly inconveniencing the Department or adversely affecting the interests of the United States.

(b) Vending machines. Where a permit is to be or has been issued for operation of a vending stand by a licensed person, income from vending machines which are determined to be in competition and which would provide the same or similar items which are or could be vended at the stand shall also be granted to the vending stand operator. Vending machine permits shall not be granted in premises where vending opportunities exist for the purpose of avoiding issuance of a vending stand permit.

(c) Existing permits. Where a determination has been made that a permit for the operation of a vending stand or machines by licensed blind persons is to be issued, existing permits which are determined to be in substantial competition with the operation by the blind person shall be terminated as soon as possible under the terms of such permits.

(d) Surveys. Department Agencies shall cooperate with the Department of Health, Education, and Welfare and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by blind persons.

§ 1.93 Procedure.

Where it is determined that a vending stand may be installed, the State licensing agency shall be so advised and the necessary permit agreed upon and issued to it. Permits shall be approved by the Head or designated representative of the Agency having custody of the building or holding the prime lease.

§ 1.94 Special provisions.

(a) Articles to be sold. Items to be provided at vending stands or through vending machines may include, in addition to those specified in 20 U.S.C. 107-107f, such items as mutually agreed upon between the State licensing agency and the Department Agency. Items held for sale shall be clean and wholesome and shall be stocked in sufficient quantity to meet the needs of the persons served.

(b) Location. Stands and/or machines shall be so located as to provide reasonable access by the public or employees and at the same time to not constrict or obstruct access and exist to the premises or interfere with the transaction of public business.

(c) Leased premises. If stands and/or vending machines are to be installed in leased premises, the necessary approval of the lessor shall be obtained prior to granting the permit.

(d) Charges for services. No charge shall be made to the permittee for the

use of the Government-furnished

space or utilities; provided however, the permittee shall assume the responsibility for all cost of installation, maintenance in good repair and tenantable condition, and removal or relocation of the stand and/or vending machines.

(e) Codes and ordinances. The permittee shall be responsible for the operation of the stand and/or machines in compliance with applicable local and state health, sanitation and building codes or ordinances. In the ab

sence of such codes or ordinances, reasonable standards, not inconsistent with regulations of the Department, shall be enforced by the granting agency.

(f) Approval of installation. Any installations involving structural alterations or connections to building services shall be approved by the Department Agency prior to being made.

(g) Termination provision. The permit shall provide for termination upon (1) mutual consent, (2) vacation of the premises by the Department, (3) failure to comply with provisions of the permit (see paragraph (h) of this section), and (4) upon written determination by the Department official granting the permit that the Department is unduly inconvenienced or the interests of the United States are adversely affected. A copy of the written determination provided in paragraph (g)(4) of this section shall be furnished to the State licensing agency. (See paragraph (i) of this section.)

(h) Enforcement procedure. If there are significant violations of the terms of this subpart or the permit, the matter shall be called to the attention of the State licensing agency. Upon failure of the State licensing agency to take action the matter shall be referred to the Director of Plant and Operations for determination by him, after consultation with the Office of Vocational Rehabilitation, Department of Health, Education, and Welfare, of whether the permit should be terminated.

(i) Disputes. In the event the Department Agency's designated representative and the State licensing agency failed to reach agreement concerning:

(1) Granting of a permit,

(2) Revocation or modification of a permit,

(3) Suitability of stand location, (4) Assignment of vending machine proceeds,

(5) Method of operation of the stand,

(6) Other terms of the permit (including articles to be sold),

the State licensing agency may request the Director, Office of Plant and

Operations, to determine such disagreement. As a part of his consideration, the Director shall obtain a full report from the Department Agency's designated representative from whose decision the appeal is being taken, as well as a statement from the State licensing agency of its position, and shall consult with the Vocational Rehabilitation Administration of the Department of Health, Education and Welfare. The decision of the Director shall be rendered within 90 days after receipt of the request by the State licensing agency for final determination of the dispute, and the decision shall be communicated to all interested parties including the State licensing agency and the Department of Health, Education, and Welfare.

(j) The Director, Office of Plant and Operations, shall furnish to the Department of Health, Education, and Welfare at the end of each fiscal year a consolidated report of the total number of applications for vending stand locations received from State licensing agencies, the number accepted, the number denied and the number still pending. In order to prepare this report, each agency of the Department shall submit to the Director by August 1 the requisite data covering the preceding fiscal year.

[22 FR 7169, Sept. 7, 1957, as amended at 28 FR 8117, Aug. 8, 1963]

Subpart G-Privacy Act Regulations

AUTHORITY: 5 U.S.C. 552a.

SOURCE: 40 FR 39519, Aug. 28, 1975, unless otherwise noted.

§ 1.110 Purpose and scope.

This subpart contains the regulations of the U.S. Department of Agriculture (USDA) implementing the Privacy Act of 1974 (5 U.S.C. 552a). It sets forth the basic responsibilities of each agency of USDA with regard to USDA's compliance with the requirements of the Act, and offers guidance to members of the public who wish to exercise any of the rights established by the Act with regard to records maintained by an agency of USDA.

§1.111 Definitions.

For purposes of this subpart the terms "individual," "maintain," "record," "system of records," "statistical record," and "routine use" shall have the meanings set forth in 5 U.S.C. 552a(a). The term "agency" shall mean an agency of USDA, unless otherwise indicated.

§ 1.112 Procedures for requests pertaining to individual records in a record system.

(a) Any individual who wishes to be notified if a system of records maintained by an agency contains any record pertaining to him, or to request access to such records, shall submit a written request in accordance with the instructions set forth in the system notice for that system of records. This request shall include:

(1) The name of the individual making the request;

(2) The name of the system of records (as set forth in the system notice to which the request relates);

(3) Any other information specified in the system notice; and

(4) When the request is one for access, a statement as to whether the requester desires to make a personal inspection of the records, or be supplied with copies by mail.

(b) Any individual whose request under paragraph (a) of this section is denied may appeal that denial to the head of the agency which maintains the system of records to which the request relates.

(c) In the event that an appeal under paragraph (b) of this section is denied, the requester may bring a civil action in federal district court to seek review of the denial.

§ 1.113 Times, places, and requirements for identification of individuals making requests.

(a) If an individual submitting a request for access under § 1.112 has asked that an agency authorize a personal inspection of records pertaining to him, and the agency has granted that request, the requester shall present himself at the time and place specified in the agency's response or arrange another, mutually convenient,

time with the appropriate agency official.

(b) Prior to inspection of the records, the requester shall present sufficient identification (e.g., driver's license, employee identification card, social security card, credit cards) to establish that he is the individual to whom the records pertain. If the requester is unable to provide such identification, he shall complete and sign in the presence of an agency official a signed statement asserting his identity and stipulating that he understands that knowingly or willfully seeking or obtaining access to records about another individual under false pretenses is a misdemeanor punishable by fine up to $5,000. No identification shall be required, however, when the records are ones whose disclosure is required by 5 U.S.C. 552.

(c) Any individual who has requested access to records about him via personal inspection, and who wishes to have another person or persons accompany him during this inspection, shall submit a written statement authorizing disclosure of the record in their presence.

(d) Any individual having made a personal inspection of records pertaining to him may request the agency to provide him copies of those records or any portion thereof. Each agency shall grant such requests but may charge fees in accordance with § 1.120.

(e) If an individual submitting a request for access under § 1.112 wishes to be supplied with copies of the records by mail, he shall include with his request sufficient data for the agency to verify his identity. If the sensitivity of the records warrant it, however, the agency to which the request is directed may require the requester to submit a signed, notarized statement indicating that he is the individual to whom the records pertain and stipulating he understands that knowingly or willfully seeking or obtaining access to records about another individual under false pretenses is a misdemeanor punishable by fine up to $5,000. No identification shall be required, however, when the records are ones whose disclosure is required by 5 U.S.C. 552. If the agency to which this request is directed determines to

grant the requested access, it may charge fees in accordance with § 1.120 before making the necessary copies.

§ 1.114 Disclosure of requested information to individuals.

(a) Any agency which receives a request or appeal under § 1.112 should acknowledge the request or appeal within 10 days of its receipt (excluding Saturdays, Sundays, and legal public holidays). Wherever practicable, the acknowledgment should indicate

whether or not access will be granted and, if so, when and where. When access is to be granted, the agency should provide the access within 30 days of receipt of the request or appeal (excluding Saturdays, Sundays and legal public holidays) unless, for good cause shown, it is unable to do so. If the agency is unable to meet this deadline, it shall inform the requester of this fact, the reasons for its inability to do so, and an estimate of the date on which access will be granted.

(b) Nothing in 5 U.S.C. 552a or this subpart shall be interpreted to require that an individual making a request under § 1.112 be granted access to the physical record itself. The form in which a record is kept (e.g., on magnetic tape), or the content of the record (e.g., a record indexed under the name of the requester may contain records which are not about the requester) may require that the record be edited or translated in some manner. Neither of these procedures may be utilized, however, to withhold information in a record about the requester.

(c) No agency shall deny any request under § 1.112 for information concerning the existence of records about the requester in any system of records it maintains, or deny any request for access to records about the requester in any system of records it maintains, unless that system is exempted from the requirements of 5 U.S.C. 552a(d) in § 1.123.

(d) If any agency receives a request pursuant to § 1.112(a) for access to records in a system of records it maintains which is so exempted, the system manager shall determine if the exemption is to be asserted. If he determines

to deny the request, he shall inform the requester of that determination, the reason for the determination, and the title and address of the agency head to whom the denial can be appealed.

(e) If the head of an agency determines that an appeal pursuant to § 1.112(b) is to be denied, he shall inform the requester of that determination, the reason therefor, and his right under 5 U.S.C. 552a(g) to seek judicial review of the denial in federal district court.

(f) Nothing in 5 U.S.C. 552a or this subpart shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

§1.115 Special procedures: medical records.

In the event an agency receives a request pursuant to § 1.112 for access to medical records (including psychological records) whose disclosure it determines would be harmful to the individual to whom they relate, it may refuse to disclose the records directly to the requester but shall transmit them to a doctor designated by that individual.

§ 1.116 Request for correction or amendment to record.

(a) Any individual who wishes to request correction or amendment of any record pertaining to him contained in a system of records maintained by an agency shall submit that request in writing in accordance with the instructions set forth in the system notice for that system of records. This request shall include:

(1) The name of the individual making the request;

(2) The name of the system of records (as set forth in the system notice to which the request relates);

(3) A description of the nature (e.g., modification, addition or deletion) and substance of the correction or amendment requested; and

(4) Any other information specified in the system notice.

(b) Any individual submitting a request pursuant to paragraph (a) of this section shall include sufficient information in support of that request to allow the agency to which it is ad

dressed to apply the standards set forth in 5 U.S.C. 552(e) (1) and (5).

(c) Any individual whose request under paragraph (a) of this section is denied may appeal that denial to the head of the agency which maintains the system of records to which the request relates.

(d) In the event that an appeal under paragraph (c) of this section is denied, the requester may bring a civil action in federal district court to seek review of the denial.

§ 1.117 Agency review of request for correction or amendment of record.

(a) Any agency which receives a request for amendment or correction under 1.116 shall acknowledge that request within 10 days of its receipt (excluding Saturdays, Sundays and legal public holidays). It shall also promptly, either:

(1) Make any correction, deletion or addition with regard to any portion of a record which the requester believes is not accurate, relevant, timely or complete; or

(2) Inform the requester of its refusal to amend the record in accordance with his request; the reason for the refusal; the procedures whereby he can appeal the refusal to the head of the agency; and the title and business address of that official. If the agency informs the requester of its determination within the 10-day deadline, a separate acknowledgement is not required.

(b) If an agency is unable to comply with either paragraphs (a)(1) or (2) of this section within 30 days of its receipt of a request for correction or amendment, (excluding Saturdays, Sundays and legal public holidays), it should inform the requester of that fact, the reasons therefor, and the approximate date on which a determination will be reached.

(c) In conducting its review of a request for correction or amendment, each agency shall be guided by the requirements of 5 U.S.C. 552a(e) (1) and

(5).

(d) If an agency determines to grant all or any portion of a request for correction or amendment, it shall: