(30) One Special Assistant to the Assistant Secretary for Safety and Consumer Affairs.

(b) National Transportation Safety Board. (1) One Administrative Assistant to a Board member.

(2) One Confidential Secretary to each of the five Board members.

(3) One Confidential Secretary to the General Manager.

(c) [Reserved]

(d) Federal Highway Administration. (1) Deputy Administrator.

(2) [Reserved]

(3) [Reserved]

(e) Federal Railroad Administration. (1) One Special Assistant to the

Administrator.

(2) One Special Assistant to the Deputy Administrator.

(3) Deputy Administrator.

(4) One Confidential Secretary to the Administrator.

(5) One Public Information Officer. (6) One Secretary to the Deputy Administrator.

(f) Urban Mass Transportation Administration. (1) One Assistant Administrator for Public Affairs.

(2) One Confidential Secretary to the Administrator.

(3) Deputy Administrator.

(4) One Secretary to the Deputy Administrator.

(g) St. Lawrence Seaway Development Corporation. (1) Two Special Assistants to the Administrator.

(2) One Confidential Secretary to the Administrator.

(h) Federal Aviation Administration. (1) One Private Secretary to the Administrator.

Subpart D-Agency Authority to Take Personnel Actions in a National Emergency

230.401 Agency authority to take personnel actions in a national emergency disaster.

230.402 Agency authority to make emergency-indefinite appointments in a national emergency.

AUTHORITY: The provisions of this Part 230 issued under 5 U.S.C. 1302, 3301, 3302, E.C. 10577; 3 CFR, 1954-1958 Comp., p. 218. Subpart A-[Reserved]

Subpart B-Exercise of Agency Authority To Take Personnel Actions § 230.201 Standards and requirements for agency personnel actions.

In taking a personnel action authorized by this chapter, each agency shall comply with the qualification standards issued by the Commission, the instructions published by the Commission in the Federal Personnel Manual, and the regulations in this chapter.

[33 F.R. 12408, Sept. 4, 1968]

§ 230.202 Withdrawal of agency authority.

The Commission may suspend or withdraw any authority granted by this chapter to an agency when it finds that the agency has not complied with the qualification standards issued by the Commission, the instructions published by the Commission in the Federal Per

sonnel Manual, or the regulations in this chapter, or that the suspension or withdrawal is in the interest of the service for any other reason.

[33 F.R. 12408, Sept. 4, 1968]

Subpart C-[Reserved]

Subpart D-Agency Authority To Take
Personnel Actions in a National
Emergency
§ 230.401

Agency authority to take personnel actions in a national emergency disaster.

(a) Upon an attack on the United States, agencies are authorized to carry out whatever personnel activities may be necessary to the effective functioning of their organizations during a period of disaster without regard to any regulation or instruction of the Commission, except those which become effective upon or following an attack on the United States. This authority applies only to actions under the Commission's jurisdiction.

(b) Actions taken under this section shall be consistent with affected regulations and instructions as far as possible under the circumstances and shall be discontinued as soon as conditions permit the reapplication of the affected regulations and instructions.

(c) An employee may not acquire a competitive civil service status by virtue of any action taken under this section.

(d) Actions taken, and authority to take actions, under this section may be adjusted or terminated in whole or in part by the Commission.

(e) Agencies shall maintain records of the actions taken under this section. [35 F.R. 5173, Mar. 27, 1970]

§ 230.402 Agency authority to make emergency-indefinite appointments

in a national emergency.

(a) Basic authority. In a national emergency, the Commission may authorize an agency to make emergencyindefinite appointments to continuing positions (normally those expected to last longer than a year) when it is not in the public interest to make career or career-conditional appointments. Except as provided by paragraphs (b) and (c) of this section, the agency shall make appointments under this authority from appropriate registers of eligibles as long as there are available eligibles.

(b) Appointment outside the register. Unless the Commission specifies otherwise, an agency authorized to make

emergency-indefinite appointments under this section may make these appointments outside registers of eligibles without specific prior approval when all the following conditions are met:

(1) A number of vacancies must be filled immediately as a result of the conditions created by the national emergency;

(2) Either the number of vacancies to be filled exceeds the number of immediately available eligibles or emergency conditions do not allow sufficient time to make this determination; and

(3) Available eligibles on registers are given prior or concurrent consideration for appointment to the extent possible within emergency time considerations.

(c) Appointment noncompetitively. An agency authorized to make emergencyindefinite appointments under this section may give the following classes of persons emergency-indefinite appointments without regard to civil service registers and the provisions in § 333.102 of this chapter:

(1) Persons who were recruited on a standby basis prior to the national emergency in accordance with applicable requirements of the Commission;

(2) Members of the National Defense Executive Reserve, designated in accordance with section 710(e) of the Defense Production Act of 1950, Executive Order 11179 of September 22, 1964, and implementing instructions of the Office of Emergency Preparedness; and

(3) Former Federal employees eligible for reinstatement.

(d) Tenure of emergency-indefinite employees. (1) An emergency-indefinite employee does not acquire a competitive status on the basis of his emergencyindefinite appointment.

(2) An emergency-indefinite appointment may be continued for the duration of the emergency for which authorized unless the Commission orders its termination earlier.

(e) Trial period. (1) The first year of service of an emergency-indefinite employee is a trial period.

(2) The agency may terminate the appointment of an emergency-indefinite employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804 or § 315.805 of this chapter as appropriate. (f) Eligibility for within-grade increases. An emergency-indefinite employee serving in a position subject to the General Schedule is eligible for with

in-grade increases in accordance with Subpart D of Part 531 of this chapter.

(g) Application of other regulations. (1) The term "indefinite employee" as used in the following includes an emergency-indefinite employee: Section 316.801, Part 351, Part 353, Subpart G of Part 550, and Part 752 of this chapter.

(2) The selection procedures of Part 333 of this chapter apply to emergencyindefinite employees appointed outside the register under paragraph (b) of this section.

(3) Despite the provisions in § 831.201 (a) (11) of this chapter, an employee serving under an emergency-indefinite appointment under authority of this section is excluded from retirement coverage, except as provided in paragraph (b) of § 831.201 of this chapter.

(h) Promotion, demotion, or reassignment. (1) An agency may promote, demote, or reassign an emergency-indefinite employee to any position to which the Commission has authorized it to make emergency-indefinite appointments.

[36 F.R. 21181, Nov. 4, 1971]

PART 293-PERSONNEL RECORDS AND FILES

Sec.

293.201

293.202

293.203

Subpart A-[Reserved]

Subpart B-Official Personnel Folder

Applicability of regulations.

Establishment of Official Personnel Folder.

Ownership of folder.

293.204 Maintenance and content of folder. 293.205 Type of folder to be used. 293.206 Use of existing folders upon transfer or reemployment.

293.207 Disposition of folders upon movement to another agency. 293.208 Disposition of folders of former Federal employees.

293.209 Removal of temporary records from folder.

AUTHORITY: The provisions of this Part 293 Issued under sec. 4, E.O. 10561; 3 CFR, 19541958 Comp., p. 205.

SOURCE: The provisions of this Part 293 appear at 33 F.R. 12409, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved] Subpart B-Official Personnel Folder § 293.201 Applicability of regulations. This part applies to, and within this part "agency" means, each executive

The Official Personnel Folder of each employee in a position subject to the Civil Service rules and regulations is under the jurisdiction and control of, and is part of the records of, the Commission.

§ 293.204 Maintenance and content of folder.

The head of each agency shall maintain in the Official Personnel Folder the reports of selection and other personnel actions named in section 2951 of title 5, United States Code. The folder shall also contain permanent and temporary records affecting the employee's status and service as required by the Commission's instructions.

§ 293.205 Type of folder to be used.

Each agency shall use Official Personnel Folders procurable from Federal Supply Service contracts or stock for the folders required by this part.

§ 293.206 Use of existing folders upon transfer or reemployment.

When an agency hires a person who has served on or after April 1, 1947, in a position subject to this part, it shall request the transfer of the Official Personnel Folder pertaining to the person's employment. The folder so obtained shall be used in lieu of establishing a new Official Personnel Folder. § 293.207

Disposition of folders upon movement to another agency. When a person for whom an Official Personnel Folder has been established transfers from one agency to another or is reappointed in an agency, the last em

ploying agency or the General Services Administration, National Personnel Records Center (Civilian), whichever has possession of the folder, shall, on request, transfer the folder to the new employing agency.

§ 293.208 Disposition of folders of former Federal employees.

When a person for whom an Official Personnel Folder has been established is separated from an agency, the agency shall retain the folder for 30 days after the separation and then transfer it to the General Services Administration, National Personnel Records Center (Civilian), St. Louis, Mo.

§ 293.209 Removal of temporary records from folder.

The employing agency having possession of an Official Personnel Folder shall remove records of temporary value from the folder and dispose of them in accordance with General Schedule 1 promulgated by the General Services Administration before the folder is transferred to another agency or to the National Personnel Records Center (Civilian).

(a) "Information" means books, papers, manuals, records, photographs, and other documentary materials, regardless of physical form or characteristics, made in or received by or under the control of the Commission in pursuance of law or in connection with the discharge of official business;

(b) "Information available to the public" means information which, on request, may be examined and copied, or of which copies may be obtained in accordance with this part by the public or representatives of the press regardless of interest and without specific justification; and

(c) "Disclose" or "disclosure" means making information available, on request, for examination and copying, or furnishing a copy of the information. [33 F.R. 12409, Sept. 4, 1968, as amended at 33 F.R. 17947, Dec. 4, 1968] § 294.103

General policy.

The major functions of the Commission relate to the internal personnel rules and practices of the Government, and much of the information in the possession of, or controlled by, the Commission consists of personnel and medical files and similar files. The disclosure of information relative to these functions, or from these files, is exempted from the

a

disclosure requirements in section 552 of title 5, United States Code, by subsection (b) of that section. Notwithstanding the exemptions in section 552(b) of title 5, United States Code, it is the general policy of the Commission to make information available to the public unless the dislosure thereof would constitute clearly unwarranted invasion of personal privacy or is prohibited under law or Executive order or relates to internal memoranda, letters, or manuals the disclosure of which would interfere with the performance of the functions of the Commission. The Commission reserves the right to make exceptions to the general policy in a particular instance giving due weight to the right of the public to know and the particular governmental or individual interest involved. [33 F.R. 17947, Dec. 4, 1968]

§ 294.104 Service charges for information.

(a) The Commission furnishes a member of the public free of charge reasonable quantities of information that has been printed or otherwise reproduced for the purpose of making it available to the public without charge.

(b) The Commission furnishes to a member of the public free of charge information that is requested and is not restricted from disclosure when the information is readily available and can be furnished by the Commission either without cost or at nominal cost.

(c) The Federal Personnel Manual and any other Commission publication or information that is offered for sale may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(d) When a request for information not provided under paragraphs (a) through (c) of this section is received, the Commission furnishes a copy of it at a fair and equitable fee when it is available to the public. In determining the fair and equitable fee under this paragraph the Commission ascertains all costs necessary to recover the full cost to the Government including, but not limited to, costs of employee services relating to research, reproduction, assembly, and authentication. The fee will be based on these costs. The Commission will not undertake to furnish copies of information under this paragraph until the fee for the information is paid, except when the fee cannot be determined in advance in which case an estimated fee

84-030-73-6

The bureau or staff office concerned will advise where information that may be disclosed can be examined or copied or copies thereof obtained. A request for information on a subject matter not specifically referred to in this paragraph should be directed to the Office of Public Affairs, U.S. Civil Service Commission, 1900 E Street NW., Washington, D.C. 20415, 'which will assist the press and advise other inquirers where contact for the information should be made.

(b) In the event of a difference concerning the availability of disclosure of information under this part between a member of the public and either an employee of the Commission or an employee of any other agency having custody of information controlled by the Commission, the matter shall be referred by the head of the bureau or staff office concerned, through the Director, Office of Public Affairs, to the Executive Director. The decision of the Executive Director shall be in writing and shall state the reasons for the decision. That decision is the only administrative appeal within the Commission and the obtaining of that