Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40503

[FR Doc. 00–16528 Filed 6–29–00; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE TREASURY

31 CFR Part 1

[1505–AA76]

Departmental Offices; Disclosure of

Records: Freedom of Information Act

AGENCY: Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Department of the Treasury’s

regulations on the disclosure of records

under the Freedom of Information Act

(FOIA). The amendment incorporates

requirements of the Electronic Freedom

of Information Act Amendments of 1996

(Pub. L. 104–231) with respect to

records maintained in electronic

formats, the timing of agency responses

to FOIA requests, and other procedural

matters.

EFFECTIVE DATE: June 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Alana Johnson, Departmental Disclosure

Officer, Department of the Treasury

(202) 622–0930.

SUPPLEMENTARY INFORMATION: On May 6,

1999, the Department published a

proposed rule that revised and updated

its regulations on disclosure of records

under the Freedom of Information Act

(FOIA). See 64 FR 24454, May 6, 1999.

The public was afforded an opportunity

to participate in the rulemaking through

submission of written comments on the

proposed rule.

Comments

Comments were received from a

public interest organization. Two of its

recommendations were adopted in part,

and as a result, new or revised language

has been incorporated in the final

regulation. The Department’s responses

to the specific recommendations made

by the public interest organization are

given below:

1. Time-of-Request Cut-off Policy. The

commenter objected to the use of the

date of receipt of a request by the

appropriate bureau official as a cut-off

date for records considered to be

responsive to the request. Commenter

believes that a later cut-off date will in

some circumstances result in a much

fuller and complete disclosure. The

Department’s proposed use of the date

of receipt is a wide-spread government

practice. To do it otherwise would be

administratively impractical. Therefore,

Treasury has determined that use of the

date of receipt as a cut-off date for

responsive records is reasonable.

2. Expedited Processing and Standard

Regarding ‘‘Urgency to Inform.’’ The

proposed regulation pertaining to

requests for expedited processing at

§ 1.5(e)(2)(ii) includes language which

defines ‘‘compelling need’’ with respect

to a request made by a person primarily

engaged in disseminating information.

The regulation states that the standard

of ‘‘urgency to inform’’ requires that the

records requested ‘‘pertain to a matter of

current exigency to the American public

and that delaying a response to a request

for records would compromise a

significant recognized interest to and

throughout the American general

public.’’ The commenter objects to this

standard, asserting that it unduly

restricts the types of requests that must

be expedited under the statute. The

Department believes that the terms

‘‘significant recognized interest’’ and ‘‘to

and throughout the American public’’

do not narrow the application of the

statutory language but rather clarify

appropriately the basis for permitting

expedited processing in specific

circumstances. Therefore, no change

will be made to this section.

3. Categories for Expedited

Processing. The commenter

recommended that an additional

category for expedited processing be

added: The loss of substantial due

process rights. The Department has

decided not to accept this

recommendation. This does not

eliminate the use of the FOIA process

for this purpose, and other avenues are

available to an individual to seek

records to support a claim that due

process rights are not being afforded.

4. The commenter expressed concern

about Treasury’s receipt of multiple

FOIA requests for records about a

particular current event, and the

possible resultant delay in processing

those requests because of an existing

request backlog. The Department agrees

with the addition of language in the

regulation in order to address this

concern, and has added the following as

paragraph (4) in § 1.5(a):

When a bureau receives five or more

requests for substantially the same records, it

shall place those requests in front of an

existing request backlog that the responsible

official may have. Upon completion of

processing, the released records shall be

made available in the bureau’s public reading

room, and if created on or after November 1,

1996, shall be made available in the

electronic reading room of the bureau’s web

site.

5. Timing for Release of Information

Made Available by Computer

Telecommunications. The commenter

objected to the Department’s language at

§ 1.4(b), which states that records

required to be made available pursuant

to section (a)(2) of the FOIA shall be

made available on the Internet ‘‘no later

than one year after such records are

created.’’ The commenter believes that

the ‘‘no later than one year’’ provision

is not authorized by statute and imposes

a needless delay that frustrates the

purpose of the electronic reading room

requirement. The Department disagrees.

However, the final rule has been revised

to include ‘‘as soon as practicable but’’

after ‘‘November 1, 1996’’ and before

‘‘no later than one year after such

records are created * * *.’’ In addition,

we believe that the inclusion of

language at § 1.5(c) (addressing the

commenter’s concern about existing

backlogs delaying multiple requests for

same records) addresses this particular

concern also. Should multiple requests

for the same records be received, those

records will be given first priority

processing and placed on the Internet.

6. Consultations and Referrals. The

commenter objects to the Department’s

practice of referring records which

originated at another bureau or agency

to that originating bureau or agency for

direct response to the requester. The

commenter recommends that requests

be referred to the originating agency

only if that agency ‘‘intended to retain

the authority to decide if and when

materials are released to the public’’ and

if ‘‘an intention on the part of the

originating agency that it retain control

is made evident either by explicit

indications to that effect on the face of

each record or by the circumstances

surrounding the creation and transfer of

records.’’ The proposed regulations are

designed not to delay responses to

requests but to facilitate them by

providing a process, common

throughout the Government, not only in

the FOIA context, but in all manner of

records handling (e.g., response to

Congressional inquiries, declassification

review, archival determinations, and

discovery in civil litigation), for

recognizing other agency equities in

documents and providing the agencies

opportunity to exercise their judgments

about them. There is no suggestion in

these regulations that the Department is

not ultimately responsible for

responding to FOIA requests for

documents within its control.

7. Standards for Multi-track

Processing. The commenter

recommends that standards for multitrack processing should be articulated in

the regulation. The separate bureaus of

the Treasury Department are responsible

for establishing FOIA processing

operations for their bureau. It is our

view that bureau FOIA managers are

best able to determine appropriate and

40504 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

best multi-track processes for their

particular request processing operations,

should they choose to establish them.

For this reason, the regulation contains

only general authority for establishing

multi-track processing of requests,

leaving bureaus the freedom to

implement a multi-track system that

will work best for their operations.

Further, Treasury FOIA personnel are

encouraged to communicate with

individual requesters to assist them in

narrowing the scope of a request if

appropriate or possible, or in explaining

the kinds or volumes of records existing

that may be responsive to a request,

with the goal of expediting processing.

Therefore, the Department does not

intend to regulate standards for multitrack processing.

8. Guides for Locating Records. Lastly,

the commenter offered enhancements to

‘‘The Freedom of Information Guide to

Treasury Records,’’ and the

commenter’s suggestions will be

considered. They also recommended

that the regulation be amended at

§ 1.5(d) ‘‘Reasonable description of

records’’ to include the following: ‘‘You

may want to refer to our handbook

located on the Internet at

www.ustreas.gov for assistance in

describing the records you seek and for

further information on filing a FOIA

request.’’ Since similar language is in

§ 1.5(b)(3), this recommendation has not

been adopted.

The Department has determined that

this document is not a significant

regulatory action for purposes of E.O.

12866. Because this document merely

incorporates the provisions of the

Electronic Freedom of Information Act

Amendments of 1996 into Treasury’s

FOIA regulations and clarifies the

current regulations, it is hereby certified

that this rule will not have a significant

economic impact on a substantial

number of small entities. For this

reason, a regulatory flexibility analysis

under the Regulatory Flexibility Act, 5

U.S.C. 601–612, is not required.

The Paperwork Reduction Act does

not apply because the rule does not

impose information collection

requirements that require the approval

of the Office of Management and Budget

under 44 U.S.C. 3501, et seq.

Dated: May 16, 2000.

Lisa Ross,

Acting Assistant Secretary of the Treasury

(Management) and Chief Financial Officer.

List of Subjects in 31 CFR Part 1

Freedom of Information.

For the reasons set forth above, Part

1, Subpart A of Title 31 of the Code of

Federal Regulations is revised as

follows:

PART 1—DISCLOSURE OF RECORDS

1. The authority citation for Part 1

continues to read as follows:

Authority: 5 U.S.C. 301 and 31 U.S.C. 321.

Subpart A also issued under 5 U.S.C. 552, as

amended.

2. Part 1, Subpart A, is revised to read

as follows:

Subpart A—Freedom of Information Act

Sec.

1.1 General.

1.2 Information made available.

1.3 Publication in the Federal Register.

1.4 Public inspection and copying.

1.5 Specific requests for other records.

1.6 Business information.

1.7 Fees for services.

Appendices to Subpart A

Appendix A—Departmental Offices

Appendix B—Internal Revenue Service

Appendix C—United States Customs Service

Appendix D—United States Secret Service

Appendix E—Bureau of Alcohol, Tobacco

and Firearms

Appendix F—Bureau of Engraving and

Printing

Appendix G—Financial Management Service

Appendix H—United States Mint

Appendix I—Bureau of the Public Debt

Appendix J—Office of the Comptroller of the

Currency

Appendix K—Federal Law Enforcement

Training Center

Appendix L—Office of Thrift Supervision

Subpart A—Freedom of Information

Act

§ 1.1 General.

(a) Purpose and scope. (1) This

subpart contains the regulations of the

Department of the Treasury

implementing the Freedom of

Information Act (FOIA), 5 U.S.C. 552, as

amended by the Electronic Freedom of

Information Act Amendments of 1996.

The regulations set forth procedures for

requesting access to records maintained

by the Department of the Treasury.

These regulations apply to all bureaus of

the Department of the Treasury. Any

reference in this subpart to the

Department or its officials, employees,

or records shall be deemed to refer also

to the bureaus or their officials,

employees, or records. Persons

interested in the records of a particular

bureau should also consult the

appendix to this subpart that pertains to

that bureau. The head of each bureau is

hereby authorized to substitute the

officials designated and change the

addresses specified in the appendix to

this subpart applicable to the bureau.

The bureaus of the Department of the

Treasury for the purposes of this subpart

are:

(i) The Departmental Offices, which

include the offices of:

(A) The Secretary of the Treasury,

including immediate staff;

(B) The Deputy Secretary of the

Treasury, including immediate staff;

(C) The Chief of Staff, including

immediate staff;

(D) The Executive Secretary and all

offices reporting to such official,

including immediate staff;

(E) The Under Secretary of the

Treasury for International Affairs and all

offices reporting to such official,

including immediate staff;

(F) The Under Secretary of the

Treasury for Domestic Finance and all

offices reporting to such official,

including immediate staff;

(G) The Under Secretary for

Enforcement and all offices reporting to

such official, including immediate staff;

(H) The Assistant Secretary of the

Treasury for Financial Institutions and

all offices reporting to such official,

including immediate staff;

(I) The Assistant Secretary of the

Treasury for Economic Policy and all

offices reporting to such official,

including immediate staff;

(J) The Fiscal Assistant Secretary and

all offices reporting to such official,

including immediate staff;

(K) The General Counsel and all

offices reporting to such official,

including immediate staff; except legal

counsel to the components listed in

paragraphs (a)(1)(i)(L), and (a)(1)(i)(S),

and (a)((1)(ii) through (xii) of this

section;

(L) The Inspector General and all

offices reporting to such official,

including immediate staff;

(M) The Assistant Secretary of the

Treasury for International Affairs and all

offices reporting to such official,

including immediate staff;

(N) The Assistant Secretary of the

Treasury for Legislative Affairs and

Public Liaison and all offices reporting

to such official, including immediate

staff;

(O) The Assistant Secretary of the

Treasury for Management and Chief

Financial Officer and all offices

reporting to such official, including

immediate staff;

(P) The Assistant Secretary of the

Treasury for Public Affairs and all

offices reporting to such official,

including immediate staff;

(Q) The Assistant Secretary of the

Treasury for Tax Policy and all offices

reporting to such official, including

immediate staff;

(R) The Treasurer of the United States,

including immediate staff;

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40505

(S) The Treasury Inspector General for

Tax Administration and all offices

reporting to such official, including

immediate staff.

(ii) The Bureau of Alcohol, Tobacco

and Firearms.

(iii) The Office of the Comptroller of

the Currency.

(iv) The United States Customs

Service.

(v) The Bureau of Engraving and

Printing.

(vi) The Federal Law Enforcement

Training Center.

(vii) The Financial Management

Service.

(viii) The Internal Revenue Service.

(ix) The United States Mint.

(x) The Bureau of the Public Debt.

(xi) The United States Secret Service.

(xii) The Office of Thrift Supervision.

(2) For purposes of this subpart, the

office of the legal counsel for the

components listed in paragraphs

(a)(1)(ii) through (xii) of this section are

to be considered a part of their

respective bureaus. Any office which is

now in existence or may hereafter be

established, which is not specifically

listed or known to be a component of

any of those listed in paragraphs (a)(1)(i)

through (xii) of this section, shall be

deemed a part of the Departmental

Offices for the purpose of making

requests for records under this subpart.

(b) Definitions. As used in this

subpart, the following terms shall have

the following meanings:

(1) Agency has the meaning given in

5 U.S.C. 551(1) and 5 U.S.C. 552(f).

(2) Appeal means a request for a

review of an agency’s determination

with regard to a fee waiver, category of

requester, expedited processing, or

denial in whole or in part of a request

for access to a record or records.

(3) Bureau means an entity of the

Department of the Treasury that is

authorized to act independently in

disclosure matters.

(4) Business information means trade

secrets or other commercial or financial

information.

(5) Business submitter means any

entity which provides business

information to the Department of the

Treasury or its bureaus and which has

a proprietary interest in the information.

(6) Computer software means tools by

which records are created, stored, and

retrieved. Normally, computer software,

including source code, object code, and

listings of source and object codes,

regardless of medium, are not agency

records. However, when data are

embedded within the software and

cannot be extracted without the

software, the software may have to be

treated as an agency record. Proprietary

(or copyrighted) software is not an

agency record.

(7) Confidential commercial

information means records provided to

the government by a submitter that

arguably contain material exempt from

release under Exemption 4 of the

Freedom of Information Act, 5 U.S.C.

552(b)(4), because disclosure could

reasonably be expected to cause

substantial competitive harm.

(8) Duplication refers to the process of

making a copy of a record in order to

respond to a FOIA request. Such copies

can take the form of paper copy,

microform, audio-visual materials, or

machine readable documentation (e.g.,

magnetic tape or disk), among others.

(9) Electronic records means those

records and information which are

created, stored, and retrievable by

electronic means. This ordinarily does

not include computer software, which is

a tool by which to create, store, or

retrieve electronic records.

(10) Request means any request for

records made pursuant to 5 U.S.C.

552(a)(3).

(11) Requester means any person who

makes a request for access to records.

(12) Responsible official means a

disclosure officer or the head of the

organizational unit having immediate

custody of the records requested, or an

official designated by the head of the

organizational unit.

(13) Review, for fee purposes, refers to

the process of examining records

located in response to a commercial use

request to determine whether any

portion of any record located is

permitted to be withheld. It also

includes processing any records for

disclosure; e.g., doing all that is

necessary to excise them and otherwise

prepare them for release.

(14) 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 records. Searches may be done

manually or by automated means.

§ 1.2 Information made available.

(a) General. The FOIA (5 U.S.C. 552)

provides for access to information and

records developed or maintained by

Federal agencies. The provisions of

section 552 are intended to assure the

right of the public to information.

Generally, this section divides agency

information into three major categories

and provides methods by which each

category of information is to be made

available to the public. The three major

categories of information are as follows:

(1) Information required to be

published in the Federal Register (see

§ 1.3);

(2) Information required to be made

available for public inspection and

copying or, in the alternative, to be

published and offered for sale (see

§ 1.4); and

(3) Information required to be made

available to any member of the public

upon specific request (see § 1.5).

(b) Subject only to the exemptions

and exclusions set forth in 5 U.S.C.

552(b) and (c), any person shall be

afforded access to information or

records in the possession of any bureau

of the Department of the Treasury,

subject to the regulations in this subpart

and any regulations of a bureau

implementing or supplementing them.

(c) Exemptions. (1) The disclosure

requirements of 5 U.S.C. 552(a) do not

apply to certain matters which are

exempt under 5 U.S.C. 552(b); nor do

the disclosure requirements apply to

certain matters which are excluded

under 5 U.S.C. 552(c).

(2) Even though an exemption

described in 5 U.S.C. 552(b) may be

applicable to the information or records

requested, a Treasury bureau may, if not

precluded by law, elect under the

circumstances of that request not to

apply the exemption. The fact that the

exemption is not applied by a bureau in

response to a particular request shall

have no precedential significance in

processing other requests, but is merely

an indication that, in the processing of

the particular request, the bureau finds

no necessity for applying the

exemption.

§ 1.3 Publication in the Federal Register.

(a) Requirement. Subject to the

application of the exemptions and

exclusions in 5 U.S.C. 552(b) and (c)

and subject to the limitations provided

in 5 U.S.C. 552(a)(1), each Treasury

bureau shall, in conformance with 5

U.S.C. 552(a)(1), separately state,

publish and maintain current in the

Federal Register for the guidance of the

public the following information with

respect to that bureau:

(1) Descriptions of its central and field

organization and the established places

at which, the persons from whom, and

the methods whereby, the public may

obtain information, make submittals or

requests, or obtain decisions;

(2) Statements of the general course

and method by which its 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

as to the scope and contents of all

papers, reports, or examinations;

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(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 bureau;

and

(5) Each amendment, revision, or

repeal of matters referred to in

paragraphs (a)(1) through (4) of this

section.

(b) The United States Government

Manual. The functions of each bureau

are summarized in the description of the

Department and its bureaus in the

United States Government Manual,

which is issued annually by the Office

of the Federal Register.

§ 1.4 Public inspection and copying.

(a) In general. Subject to the

application of the exemptions and

exclusions described in 5 U.S.C. 552(b)

and (c), each Treasury bureau shall, in

conformance with 5 U.S.C. 552(a)(2),

make available for public inspection

and copying, or, in the alternative,

promptly publish and offer for sale the

following information with respect to

the bureau:

(1) Final opinions, including

concurring and dissenting opinions, and

orders, made in the adjudication of

cases;

(2) Those statements of policy and

interpretations which have been

adopted by the bureau but are not

published in the Federal Register;

(3) Its administrative staff manuals

and instructions to staff that affect a

member of the public;

(4) Copies of all records, regardless of

form or format, which have been

released to any person under 5 U.S.C.

552(a)(3), and which the bureau

determines have become or are likely to

become the subject of subsequent

requests for substantially the same

records because they are clearly of

interest to the public at large. The

determination that records have become

or may become the subject of

subsequent requests shall be made by

the Responsible Official (as defined at

§ 1.1(b)(12)).

(5) A general index of the records

referred to in paragraph (a)(4) of this

section.

(b) Information made available by

computer telecommunications. For

records required to be made available

for public inspection and copying

pursuant to 5 U.S.C. 552(a)(2)

(paragraphs (a)(1) through (4) of this

section) which are created on or after

November 1, 1996, as soon as

practicable but no later than one year

after such records are created, each

bureau shall make such records

available on the Internet.

(c) Deletion of identifying details. To

prevent a clearly unwarranted invasion

of personal privacy, or pursuant to an

exemption in 5 U.S.C. 552(b), a Treasury

bureau may delete information

contained in any matter described in

paragraphs (a)(1) through (4) of this

section before making such matters

available for inspection or publishing it.

The justification for the deletion shall

be explained fully in writing, and the

extent of such deletion shall be

indicated on the portion of the record

which is made available or published,

unless including that indication would

harm an interest protected by the

exemption in 5 U.S.C. 552(b) under

which the deletion is made. If

technically feasible, the extent of the

deletion shall be indicated at the place

in the record where the deletion was

made.

(d) Public reading rooms. Each bureau

of the Department of the Treasury shall

make available for public inspection

and copying, in a reading room or

otherwise, the material described in

paragraphs (a)(1) through (5) of this

section. Fees for duplication shall be

charged in accordance with § 1.7. See

the appendices to this subpart for the

location of established bureau reading

rooms.

(e) Indexes. (1) Each bureau of the

Department of the Treasury shall

maintain and make available for public

inspection and copying current indexes

identifying any material described in

paragraphs (a)(1) through (3) of this

section. In addition, each bureau shall

promptly publish, quarterly or more

frequently, and distribute (by sale or

otherwise) copies of each index or

supplement unless the head of each

bureau (or a delegate) determines by

order published in the Federal Register

that the publication would be

unnecessary and impractical, in which

case the bureau shall nonetheless

provide copies of the index on request

at a cost not to exceed the direct cost of

duplication.

(2) Each bureau shall make the index

referred to in paragraph (a)(5) of this

section available on the Internet by

December 31, 1999.

§ 1.5 Specific requests for other records.

(a) In general. (1) Except for records

made available under 5 U.S.C. 552(a)(1)

and (a)(2), but subject to the application

of the exemptions and exclusions

described in 5 U.S.C. 552(b) and (c),

each bureau of the Department of the

Treasury shall promptly make the

requested records available to any

person in conformance with 5 U.S.C.

552(a)(3). The request must conform in

every respect with the rules and

procedures of this subpart and the

applicable bureau’s appendix to this

subpart. Any request or appeal from the

initial denial of a request that does not

comply with the requirements in this

subpart will not be considered subject to

the time constraints of paragraphs (h),

(i), and (j) of this section, unless and

until the request is amended to comply.

Bureaus shall promptly advise the

requester in what respect the request or

appeal is deficient so that it may be

amended and resubmitted for

consideration in accordance with this

subpart. If a requester does not respond

within 30 days to a communication

from a bureau to amend the request in

order for it to be in conformance with

this subpart, the request file will be

considered closed. When the request

conforms with the requirements of this

subpart, bureaus shall make every

reasonable effort to comply with the

request within the time constraints. If

the description of the record requested

is of a type that is not maintained by the

bureau, the requester shall be so advised

and the request shall be returned to the

requester.

(2) This subpart applies only to

records in the possession or control of

the bureau at the time of the request.

Records considered to be responsive to

the request are those in existence on or

before the date of receipt of the request

by the appropriate bureau official.

Requests for the continuing production

of records created after the date of the

appropriate bureau official’s receipt of

the request shall not be honored.

Bureaus shall provide the responsive

record or records in the form or format

requested if the record or records are

readily reproducible by the bureau in

that form or format. Bureaus shall make

reasonable efforts to maintain their

records in forms or formats that are

reproducible for the purpose of

disclosure. For purposes of this section,

readily reproducible means, with

respect to electronic format, a record or

records that can be downloaded or

transferred intact to a floppy disk,

compact disk (CD), tape, or other

electronic medium using equipment

currently in use by the office or offices

processing the request. Even though

some records may initially be readily

reproducible, the need to segregate

exempt from nonexempt records may

cause the releasable material to not be

readily reproducible.

(3) Requests for information classified

pursuant to Executive Order 12958,

‘‘Classified National Security

Information,’’ require the responsible

bureau to review the information to

determine whether it continues to

warrant classification. Information

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40507

which no longer warrants classification

under the Executive Order’s criteria

shall be declassified and made available

to the requester, unless the information

is otherwise exempt from disclosure.

(4) When a bureau receives five or

more requests for substantially the same

records, it shall place those requests in

front of an existing request backlog that

the responsible official may have. Upon

completion of processing, the released

records shall be made available in the

bureau’s public reading room, and if

created on or after November 1, 1996,

shall be made available in the electronic

reading room of the bureau’s web site.

(b) Form of request. In order to be

subject to the provisions of this section,

the following must be satisfied.

(1) The request for records shall be

made in writing, signed by the person

making the request, and state that it is

made pursuant to the Freedom of

Information Act, 5 U.S.C. 552, or this

subpart.

(2) The request shall indicate whether

the requester is a commercial user, an

educational institution, non-commercial

scientific institution, representative of

the news media, or ‘‘other’’ requester,

subject to the fee provisions described

in § 1.7. In order for the Department to

determine the proper category for fee

purposes as defined in this section, a

request for records shall also state how

the records released will be used. This

information shall not be used to

determine the releasibility of any record

or records. A determination of the

proper category of requester shall be

based upon a review of the requester’s

submission and the bureau’s own

records. Where a bureau has reasonable

cause to doubt the use to which a

requester will put the records sought, or

where that use is not clear from the

request itself, bureaus should seek

additional clarification before assigning

the request to a specific category. The

categories of requesters are defined as

follows:

(i) Commercial. A commercial use

request refers to a request from or on

behalf of one who seeks information for

a use or purpose that furthers the

commercial, trade, or profit interests of

the requester or the person on whose

behalf the request is made, which can

include furthering those interests

through litigation. The bureaus may

determine from the use specified in the

request that the requester is a

commercial user.

(ii) Educational institution. This refers

to a preschool, a public or private

elementary or secondary school, an

institution of graduate higher education,

an institution of undergraduate higher

education, an institution of professional

education, and an institution of

vocational education, which operates a

program or programs of scholarly

research. This category does not include

requesters wanting records for use in

meeting individual academic research

or study requirements.

(iii) Non-commercial scientific

institution. This refers to an institution

that is not operated on a ‘‘commercial’’

basis as that term is defined in

paragraph (b)(2)(i) of this section, and

which is operated solely for the purpose

of conducting scientific research, the

results of which are not intended to

promote any particular product or

industry.

(iv) Representative of the news media.

This refers to any person actively

gathering news for an entity that is

organized and operated to publish or

broadcast news to the public. The term

news means information that is about

current events or that would be of

current interest to the public. Examples

of news media entities include

television or radio stations broadcasting

to the public at large, and publishers of

periodicals (but only in those instances

when they can qualify as disseminators

of ‘‘news’’) who make their products

available for purchase or subscription

by the general public. These examples

are not intended to be all-inclusive. In

the case of ‘‘freelance’’ journalists, they

may be regarded as working for a news

organization if they can demonstrate a

solid basis for expecting publication

through that organization, even though

not actually employed by it. A

publication contract would be the

clearest proof, but bureaus may also

look to the past publication record of a

requester in making this determination.

(v) ‘‘Other’’ Requester. This refers to

a requester who does not fall within any

of the previously described categories.

(3) The request must be properly

addressed to the bureau that maintains

the record. The functions of each bureau

are summarized in The United States

Government Manual which is issued

annually and is available from the

Superintendent of Documents. Both the

envelope and the request itself should

be clearly marked ‘‘Freedom of

Information Act Request.’’ See the

appendices to this subpart for the office

or officer to which requests shall be

addressed for each bureau. A requester

in need of guidance in defining a

request or determining the proper

bureau to which a request should be

sent may contact Disclosure Services at

202/622–0930, or may write to

Disclosure Services, Department of the

Treasury, 1500 Pennsylvania Avenue,

NW, Washington, DC 20220. Requesters

may access the ‘‘FOIA Home Page’’ at

the Department of the Treasury World

Wide Web site at: http://www.treas.gov.

(4) The request must reasonably

describe the records in accordance with

paragraph (d) of this section.

(5) The request must set forth the

address where the person making the

request wants to be notified about

whether or not the request will be

granted.

(6) The request must state whether the

requester wishes to inspect the records

or desires to have a copy made and

furnished without first inspecting them.

(7) The request must state the firm

agreement of the requester to pay the

fees for search, duplication, and review

as may ultimately be determined in

accordance with § 1.7. The agreement

may state the upper limit (but not less

than $25) that the requester is willing to

pay for processing the request. A request

that fees be waived or reduced may

accompany the agreement to pay fees

and shall be considered to the extent

that such request is made in accordance

with § 1.7(d) and provides supporting

information to be measured against the

fee waiver standard set forth in

§ 1.7(d)(1). The requester shall be

notified in writing of the decision to

grant or deny the fee waiver. A requester

shall be asked to provide an agreement

to pay fees when the request for a fee

waiver or reduction is denied and the

initial request for records does not

include such agreement. If a requester

has an outstanding balance of search,

review, or duplication fees due for FOIA

request processing, the requirements of

this paragraph are not met until the

requester has remitted the outstanding

balance due.

(c) Requests for records not in control

of bureau; referrals; consultations. (1)

When a requested record is in the

possession or under the control of a

bureau of the Department other than the

office to which the request is addressed,

the request for the record shall be

transferred to the appropriate bureau

and the requester notified. This referral

shall not be considered a denial of

access within the meaning of these

regulations. The bureau of the

Department to which this referral is

made shall treat this request as a new

request addressed to it and the time

limits for response set forth by

paragraph (h)(1) of this section shall

begin when the referral is received by

the designated office or officer of the

bureau.

(2) When a requested record has been

created by an agency or Treasury bureau

other than the Treasury bureau

possessing the record, the bureau having

custody of the record shall refer the

record to the originating agency or

40508 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

Treasury bureau for a direct response to

the requester. The requester shall be

informed of the referral unless

otherwise instructed by the originating

agency. This is not a denial of a FOIA

request; thus no appeal rights accrue to

the requester.

(3) When a FOIA request is received

for a record created by a Treasury

bureau that includes information

originated by another bureau of the

Department of the Treasury or another

agency, the record shall be referred to

the originating agency or bureau for

review and recommendation on

disclosure. The agency or bureau shall

respond to the referring office. The

Treasury bureau shall not release any

such records without prior consultation

with the originating bureau or agency.

(4) In certain instances and at the

discretion of the Departmental Offices,

requests having impact on two or more

bureaus of the Department may be

coordinated by the Departmental

Offices.

(d) Reasonable description of records.

The request for records must describe

the records in reasonably sufficient

detail to enable employees who are

familiar with the subject area of the

request to locate the records without

placing an unreasonable burden upon

the Department. Whenever possible, a

request should include specific

information about each record sought,

such as the date, title or name, author,

recipients, and subject matter of the

record. If the Department determines

that the request does not reasonably

describe the records sought, the

requester shall be given an opportunity

to provide additional information. Such

opportunity may, when necessary,

involve a discussion with

knowledgeable Department of the

Treasury personnel. The reasonable

description requirement shall not be

used by officers or employees of the

Department of the Treasury to

improperly withhold records from the

public.

(e) Requests for expedited processing.

(1) When a request for records includes

a request for expedited processing, both

the envelope and the request itself must

be clearly marked, ‘‘Expedited

Processing Requested.’’

(2) Records will be processed as soon

as practicable when a requester asks for

expedited processing in writing and is

granted such expedited treatment by the

Department. The requester must

demonstrate a compelling need for

expedited processing of the requested

records. A compelling need is defined

as follows:

(i) Failure to obtain the requested

records on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual. The requester

shall fully explain the circumstances

warranting such an expected threat so

that the Department may make a

reasoned determination that a delay in

obtaining the requested records could

pose such a threat; or

(ii) With respect to a request made by

a person primarily engaged in

disseminating information, urgency to

inform the public concerning actual or

alleged Federal Government activity. A

person ‘‘primarily engaged in

disseminating information’’ does not

include individuals who are engaged

only incidentally in the dissemination

of information. The standard of

‘‘urgency to inform’’ requires that the

records requested pertain to a matter of

current exigency to the American public

and that delaying a response to a request

for records would compromise a

significant recognized interest to and

throughout the American general

public. The requester must adequately

explain the matter or activity and why

the records sought are necessary to be

provided on an expedited basis.

(3) A demonstration of a compelling

need by a person making a request for

expedited processing shall be made by

a statement certified by the requester to

be true and correct to the best of his or

her knowledge and belief. The statement

must be in the form prescribed by 28

U.S.C. 1746, ‘‘I declare under penalty of

perjury that the foregoing is true and

correct to the best of my knowledge and

belief. Executed on [date].’’

(4) Upon receipt by the appropriate

bureau official, a request for expedited

processing shall be considered and a

determination as to whether to grant or

deny the request for expedited

processing shall be made, and the

requester notified, within 10 calendar

days of the date of the request. However,

in no event shall the bureau have fewer

than five days (excluding Saturdays,

Sundays, and legal public holidays)

from the date of receipt of the request

for such processing. The determination

to grant or deny a request for expedited

processing may be made solely on the

information contained in the initial

letter requesting expedited treatment.

(5) Appeals of initial determinations

to deny expedited processing must be

made within 10 calendar days of the

date of the initial letter of determination

denying expedited processing. Both the

envelope and the appeal itself shall be

clearly marked, ‘‘Appeal for Expedited

Processing.’’

(6) An appeal determination regarding

expedited processing shall be made, and

the requester notified, within 10 days

(excluding Saturdays, Sundays, and

legal public holidays) from the date of

receipt of the appeal.

(f) Date of receipt of request. A request

for records shall be considered to have

been received on the date on which a

complete request containing the

information required by paragraph (b) of

this section has been received. A

determination that a request is deficient

in any respect is not a denial of access,

and such determinations are not subject

to administrative appeal. Requests shall

be stamped with the date of receipt by

the office prescribed in the appropriate

appendix. As soon as the date of receipt

has been established, the requester shall

be so informed and shall also be advised

when to expect a response. The

acknowledgment of receipt requirement

shall not apply if a disclosure

determination will be issued prior to the

end of the 20-day time limit.

(g) Search for record requested.

Department of the Treasury employees

shall search to identify and locate

requested records, including records

stored at Federal Records Centers.

Searches for records maintained in

electronic form or format may require

the application of codes, queries, or

other minor forms of programming to

retrieve the requested records. Wherever

reasonable, searches shall be done by

electronic means. However, searches of

electronic records are not required when

such searches would significantly

interfere with the operation of a

Treasury automated information system

or would require unreasonable effort to

conduct. The Department of the

Treasury is not required under 5 U.S.C.

552 to tabulate or compile information

for the purpose of creating a record or

records that do not exist.

(h) Initial determination. (1) In

general. The officers designated in the

appendices to this part shall make

initial determinations either to grant or

to deny in whole or in part requests for

records. Such officers shall respond in

the approximate order of receipt of the

requests, to the extent consistent with

sound administrative practice. These

determinations shall be made and the

requester notified within 20 days

(excepting Saturdays, Sundays, and

legal public holidays) after the date of

receipt of the request, as determined in

accordance with paragraph (f) of this

section, unless the designated officer

invokes an extension pursuant to

paragraph (j)(1) of this section or the

requester otherwise agrees to an

extension of the 20-day time limitation.

(2) Granting of request. If the request

is granted in full or in part, and if the

requester wants a copy of the records, a

copy of the records shall be mailed to

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40509

the requester, together with a statement

of the applicable fees, either at the time

of the determination or shortly

thereafter.

(3) Inspection of records. In the case

of a request for inspection, the requester

shall be notified in writing of the

determination, when and where the

requested records may be inspected, and

of the fees incurred in complying with

the request. The records shall then

promptly be made available for

inspection at the time and place stated,

in a manner that will not interfere with

Department of the Treasury operations

and will not exclude other persons from

making inspections. The requester shall

not be permitted to remove the records

from the room where inspection is

made. If, after making inspection, the

requester desires copies of all or a

portion of the requested records, copies

shall be furnished upon payment of the

established fees prescribed by § 1.7.

Fees may be charged for search and

review time as stated in § 1.7.

(4) Denial of request. If it is

determined that the request for records

should be denied in whole or in part,

the requester shall be notified by mail.

The letter of notification shall:

(i) State the exemptions relied on in

not granting the request;

(ii) If technically feasible, indicate the

amount of information deleted at the

place in the record where such deletion

is made (unless providing such

indication would harm an interest

protected by the exemption relied upon

to deny such material);

(iii) Set forth the name and title or

position of the responsible official;

(iv) Advise the requester of the right

to administrative appeal in accordance

with paragraph (i) of this section; and

(v) Specify the official or office to

which such appeal shall be submitted.

(5) No records found. If it is

determined, after a thorough search for

records by the responsible official or his

delegate, that no records have been

found to exist, the responsible official

will so notify the requester in writing.

The letter of notification will advise the

requester of the right to administratively

appeal the Department’s determination

that no records exist (i.e., to challenge

the adequacy of the Department’s search

for responsive records) in accordance

with paragraph (i) of this section. The

response shall specify the official or

office to which the appeal shall be

submitted for review.

(i) Administrative appeal. (1)(i) A

requester may appeal a Department of

the Treasury initial determination

when:

(A) Access to records has been denied

in whole or in part;

(B) There has been an adverse

determination of the requester’s

category as provided in § 1.7(d)(4);

(C) A request for fee waiver or

reduction has been denied;

(D) It has been determined that no

responsive records exist; or

(E) A request for expedited processing

has been denied.

(ii) An appeal, other than an appeal

for expedited processing, must be

submitted within 35 days of the date of

the initial determination or the date of

the letter transmitting the last records

released, whichever is later, except in

the case of a denial for expedited

processing. An appeal of a denial for

expedited processing must be made

within 10 days of the date of the initial

determination to deny expedited

processing (see § 1.5(e)(5)). All appeals

must be submitted to the official

specified in the appropriate appendix to

this subpart whose title and address

should also have been included in the

initial determination. An appeal that is

improperly addressed shall be

considered not to have been received by

the Department until the office specified

in the appropriate appendix receives the

appeal.

(2) The appeal shall—

(i) Be made in writing and signed by

the requester or his or her

representative;

(ii) Be addressed to and mailed or

hand delivered within 35 days (or

within 10 days when expedited

processing has been denied) of the date

of the initial determination, or the date

of the letter transmitting the last records

released, whichever is later, to the office

or officer specified in the appropriate

appendix to this subpart and also in the

initial determination. (See the

appendices to this subpart for the

address to which appeals made by mail

should be addressed);

(iii) Set forth the address where the

requester desires to be notified of the

determination on appeal;

(iv) Specify the date of the initial

request and date of the letter of initial

determination, and, where possible,

enclose a copy of the initial request and

the initial determination being

appealed.

(3)(i) Appeals shall be stamped with

the date of their receipt by the office to

which addressed, and shall be

processed in the approximate order of

their receipt. The receipt of the appeal

shall be acknowledged by the office or

officer specified in the appropriate

appendix to this subpart and the

requester advised of the date the appeal

was received and the expected date of

response. The decision to affirm the

initial determination (in whole or in

part) or to grant the request for records

shall be made and notification of the

determination mailed within 20 days

(exclusive of Saturdays, Sundays, and

legal public holidays) after the date of

receipt of the appeal, unless extended

pursuant to paragraph (j)(1) of this

section. If it is decided that the initial

determination is to be upheld (in whole

or in part) the requester shall be—

(A) Notified in writing of the denial;

(B) Notified of the reasons for the

denial, including the FOIA exemptions

relied upon;

(C) Notified of the name and title or

position of the official responsible for

the determination on appeal; and

(D) Provided with a statement that

judicial review of the denial is available

in the United States District Court for

the judicial district in which the

requester resides or has a principal

place of business, the judicial district in

which the requested records are located,

or the District of Columbia in

accordance with 5 U.S.C. 552(a)(4)(B).

(ii) If the initial determination is

reversed on appeal, the requester shall

be so notified and the request shall be

processed promptly in accordance with

the decision on appeal.

(4) If a determination cannot be made

within the 20-day period (or within a

period of extension pursuant to

paragraph (j)(1) of this section), the

requester may be invited to agree to a

voluntary extension of the 20-day

appeal period. This voluntary extension

shall not constitute a waiver of the right

of the requester ultimately to commence

an action in a United States district

court.

(j) Time extensions; unusual

circumstances. (1) In unusual

circumstances, the time limitations

specified in paragraphs (h) and (i) of

this section may be extended by written

notice from the official charged with the

duty of making the determination to the

person making the request or appeal

setting forth the reasons for this

extension and the date on which the

determination is expected to be sent. As

used in this paragraph, unusual

circumstances means, but only to the

extent reasonably necessary to the

proper processing of the particular

requests:

(i) The need to search for and collect

the requested records from field

facilities or other establishments that are

separate from the office processing the

request;

(ii) The need to search for, collect,

and appropriately examine a

voluminous amount of separate and

distinct records which are demanded in

a single request; or

40510 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

(iii) The need for consultation, which

shall be conducted with all practicable

speed, with another agency having a

substantial interest in the determination

of the request, or among two or more

bureaus or components of bureaus of the

Department of the Treasury having

substantial subject matter interest

therein.

(2) Any extension or extensions of

time shall not cumulatively total more

than 10 days (exclusive of Saturdays,

Sundays, and legal public holidays).

However, if additional time is needed to

process the request, the bureau shall

notify the requester and provide the

requester an opportunity to limit the

scope of the request or arrange for an

alternative time frame for processing the

request or a modified request. The

requester shall retain the right to define

the desired scope of the request, as long

as it meets the requirements contained

in this subpart.

(3) Bureaus may establish multitrack

processing of requests based on the

amount of work or time, or both,

involved in processing requests.

(4) If more than one request is

received from the same requester, or

from a group of requesters acting in

concert, and the Department believes

that such requests constitute a single

request which would otherwise satisfy

the unusual circumstances specified in

paragraph (j)(1) of this section, and the

requests involve clearly related matters,

the Department may aggregate these

requests for processing purposes.

(k) Failure to comply. If a bureau of

the Department of the Treasury fails to

comply with the time limits specified in

paragraphs (h) or (i) of this section , or

the time extensions of paragraph (j) of

this section, any person making a

request for records in accordance with

§ 1.5 shall be considered to have

exhausted administrative remedies with

respect to the request. Accordingly, the

person making the request may initiate

suit as set forth in paragraph (l) of this

section.

(l) Judicial review. If an adverse

determination is made upon appeal

pursuant to paragraph (i) of this section,

or if no determination is made within

the time limits specified in paragraphs

(h) and (i) of this section, together with

any extension pursuant to paragraph

(j)(1) of this section or within the time

otherwise agreed to by the requester, the

requester may commence an action in a

United States district court in the

district in which he resides, in which

his principal place of business is

located, in which the records are

situated, or in the District of Columbia,

pursuant to 5 U.S.C. 552(a)(4).

(m) Preservation of records. Under no

circumstances shall records be

destroyed while they are the subject of

a pending request, appeal, or lawsuit

under the FOIA.

(n) Processing requests that are not

properly addressed. A request that is not

properly addressed as specified in the

appropriate appendix to this subpart

shall be forwarded to the appropriate

bureau or bureaus for processing. If the

recipient of the request does not know

the appropriate bureau to forward it to,

the request shall be forwarded to the

Departmental Disclosure Officer

(Disclosure Services, DO), who will

determine the appropriate bureau. A

request not addressed to the appropriate

bureau will be considered to have been

received for purposes of paragraph (f) of

this section when the request has been

received by the appropriate bureau

office as designated in the appropriate

appendix to this subpart. An improperly

addressed request, when received by the

appropriate bureau office, shall be

acknowledged by that bureau.

§1.6 Business information.

(a) In general. Business information

provided to the Department of the

Treasury by a business submitter shall

not be disclosed pursuant to a Freedom

of Information Act request except in

accordance with this section.

(b) Notice to business submitters. A

bureau shall provide a business

submitter with prompt written notice of

receipt of a request or appeal

encompassing its business information

whenever required in accordance with

paragraph (c) of this section, and except

as is provided in paragraph (g) of this

section. Such written notice shall either

describe the exact nature of the business

information requested or provide copies

of the records or portions of records

containing the business information.

(c) When notice is required. The

bureau shall provide a business

submitter with notice of receipt of a

request or appeal whenever:

(1) The business submitter has in

good faith designated the information as

commercially or financially sensitive

information, or

(2) The bureau has reason to believe

that disclosure of the information could

reasonably be expected to cause

substantial competitive harm.

(3) Notice of a request for business

information falling within paragraph

(c)(1) or (2) of this section shall be

required for a period of not more than

ten years after the date of submission

unless the business submitter requests,

and provides acceptable justification

for, a specific notice period of greater

duration.

(4) The submitter’s claim of

confidentiality should be supported by

a statement by an authorized

representative of the company providing

specific justification that the

information in question is in fact

confidential commercial or financial

information and has not been disclosed

to the public.

(d) Opportunity to object to

disclosure. (1) Through the notice

described in paragraph (b) of this

section, a bureau shall afford a business

submitter ten days from the date of the

notice (exclusive of Saturdays, Sundays,

and legal public holidays) to provide the

bureau with a detailed statement of any

objection to disclosure. Such statement

shall specify all grounds for

withholding any of the information

under any exemption of the Freedom of

Information Act and, in the case of

Exemption 4, shall demonstrate why the

information is considered to be a trade

secret or commercial or financial

information that is privileged or

confidential. Information provided by a

business submitter pursuant to this

paragraph may itself be subject to

disclosure under the FOIA.

(2) When notice is given to a

submitter under this section, the

requester shall be advised that such

notice has been given to the submitter.

The requester shall be further advised

that a delay in responding to the request

may be considered a denial of access to

records and that the requester may

proceed with an administrative appeal

or seek judicial review, if appropriate.

However, the requester will be invited

to agree to a voluntary extension of time

so that the bureau may review the

business submitter’s objection to

disclose.

(e) Notice of intent to disclose. A

bureau shall consider carefully a

business submitter’s objections and

specific grounds for nondisclosure prior

to determining whether to disclose

business information. Whenever a

bureau decides to disclose business

information over the objection of a

business submitter, the bureau shall

forward to the business submitter a

written notice which shall include:

(1) A statement of the reasons for

which the business submitter’s

disclosure objections were not

sustained;

(2) A description of the business

information to be disclosed; and

(3) A specified disclosure date which

is not less than ten days (exclusive of

Saturdays, Sundays, and legal public

holidays) after the notice of the final

decision to release the requested

information has been mailed to the

submitter. Except as otherwise

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40511

prohibited by law, a copy of the

disclosure notice shall be forwarded to

the requester at the same time.

(f) Notice of FOIA lawsuit. Whenever

a requester brings suit seeking to compel

disclosure of business information

covered by paragraph (c) of this section,

the bureau shall promptly notify the

business submitter.

(g) Exception to notice requirement.

The notice requirements of this section

shall not apply if:

(1) The bureau determines that the

information shall not be disclosed;

(2) The information lawfully has been

published or otherwise made available

to the public; or

(3) Disclosure of the information is

required by law (other than 5 U.S.C.

552).

§ 1.7 Fees for services.

(a) In general. This fee schedule is

applicable uniformly throughout the

Department of the Treasury and pertains

to requests processed under the

Freedom of Information Act. Specific

levels of fees are prescribed for each of

the following categories of requesters.

Requesters are asked to identify the

applicable fee category they belong to in

their initial request in accordance with

§ 1.5(b).

(1) Commercial use requesters. These

requesters are assessed charges which

recover the full direct costs of searching

for, reviewing, and duplicating the

records sought. Commercial use

requesters are not entitled to two hours

of free search time or 100 free pages of

duplication of documents. Moreover,

when a request is received for

disclosure that is primarily in the

commercial interest of the requester, the

Department is not required to consider

a request for a waiver or reduction of

fees based upon the assertion that

disclosure would be in the public

interest. The Department may recover

the cost of searching for and reviewing

records even if there is ultimately no

disclosure of records, or no records are

located.

(2) Educational and Non-Commercial

Scientific Institution Requesters.

Records shall be provided to requesters

in these categories for the cost of

duplication alone, excluding charges for

the first 100 pages. To be eligible,

requesters must show that the request is

made under the auspices of a qualifying

institution and that the records are not

sought for a commercial use, but are

sought in furtherance of scholarly (if the

request is from an educational

institution) or scientific (if the request is

from a non-commercial scientific

institution) research. These categories

do not include requesters who want

records for use in meeting individual

academic research or study

requirements.

(3) Requesters who are

Representatives of the News Media.

Records shall be provided to requesters

in this category for the cost of

duplication alone, excluding charges for

the first 100 pages.

(4) All Other Requesters. Requesters

who do not fit any of the categories

described above shall be charged fees

that will recover the full direct cost of

searching for and duplicating records

that are responsive to the request,

except that the first 100 pages of

duplication and the first two hours of

search time shall be furnished without

charge. The Department may recover the

cost of searching for records even if

there is ultimately no disclosure of

records, or no records are located.

Requests from persons for records about

themselves filed in the Department’s

systems of records shall continue to be

treated under the fee provisions of the

Privacy Act of 1974 which permit fees

only for duplication, after the first 100

pages are furnished free of charge.

(b) Fee waiver determination. Where

the initial request includes a request for

reduction or waiver of fees, the

responsible official shall determine

whether to grant the request for

reduction or waiver before processing

the request and notify the requester of

this decision. If the decision does not

waive all fees, the responsible official

shall advise the requester of the fact that

fees shall be assessed and, if applicable,

payment must be made in advance

pursuant to § 1.7(e)(2).

(c) When fees are not charged. (1) No

fee shall be charged for monitoring a

requester’s inspection of records.

(2) Fees shall be charged in

accordance with the schedule contained

in paragraph (g) of this section for

services rendered in responding to

requests for records, unless any one of

the following applies:

(i) Services were performed without

charge;

(ii) The cost of collecting a fee would

be equal to or greater than the fee itself;

or,

(iii) The fees were waived or reduced

in accordance with paragraph (d) of this

section.

(d) Waiver or reduction of fees. (1)

Fees may be waived or reduced on a

case-by-case basis in accordance with

this paragraph by the official who

determines the availability of the

records, provided such waiver or

reduction has been requested in writing.

Fees shall be waived or reduced by this

official when it is determined, based

upon the submission of the requester,

that a waiver or reduction of the fees is

in the public interest because furnishing

the information is likely to contribute

significantly to public understanding of

the operations or activities of the

government and is not primarily in the

commercial interest of the requester. Fee

waiver/reduction requests shall be

evaluated against the fee waiver policy

guidance issued by the Department of

Justice on April 2, 1987.

(2) Normally no charge shall be made

for providing records to state or foreign

governments, international

governmental organizations, or local

government agencies or offices.

(3) Appeals from denials of requests

for waiver or reduction of fees shall be

decided in accordance with the criteria

set forth in paragraph (d)(1) of this

section by the official authorized to

decide appeals from denials of access to

records. Appeals shall be addressed in

writing to the office or officer specified

in the appropriate appendix to this

subpart within 35 days of the denial of

the initial request for waiver or

reduction and shall be decided within

20 days (excluding Saturdays, Sundays,

and legal public holidays).

(4) Appeals from an adverse

determination of the requester’s

category as described in § 1.5(b)(2) and

provided in § 1.5(i)(1) shall be decided

by the official authorized to decide

appeals from denials of access to

records and shall be based upon a

review of the requester’s submission

and the bureau’s own records. Appeals

shall be addressed in writing to the

office or officer specified in the

appropriate appendix to this subpart

within 35 days of the date of the

bureau’s determination of the

requester’s category and shall be

decided within 20 days (excluding

Saturdays, Sundays, and legal public

holidays).

(e) Advance notice of fees. (1) When

the fees for processing the request are

estimated to exceed the limit set by the

requester, and that amount is less than

$250, the requester shall be notified of

the estimated costs. The requester must

provide an agreement to pay the

estimated costs; however, the requester

shall also be given an opportunity to

reformulate the request in an attempt to

reduce fees.

(2) If the requester has failed to state

a limit and the costs are estimated to

exceed $250.00, the requester shall be

notified of the estimated costs and must

pre-pay such amount prior to the

processing of the request, or provide

satisfactory assurance of full payment if

the requester has a history of prompt

payment of FOIA fees. The requester

shall also be given an opportunity to

40512 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

reformulate the request in such a way as

to constitute a request for responsive

records at a reduced fee.

(3) When the Department or a bureau

of the Department acts under paragraphs

(e)(1) or (2) of this section, the

administrative time limits of 20 days

(excluding Saturdays, Sundays, and

legal public holidays) from receipt of

initial requests or appeals, plus

extensions of these time limits, shall

begin only after fees have been paid, a

written agreement to pay fees has been

provided, or a request has been

reformulated.

(f) Form of payment. (1) Payment may

be made by check or money order

payable to the Treasury of the United

States or the relevant bureau of the

Department of the Treasury.

(2) The Department of the Treasury

reserves the right to request prepayment

after a request is processed and before

documents are released.

(3) When costs are estimated or

determined to exceed $250, the

Department shall either obtain

satisfactory assurance of full payment of

the estimated cost where the requester

has a history of prompt payment of

FOIA fees or require a requester to make

an advance payment of the entire

estimated or determined fee before

continuing to process the request.

(4) If a requester has previously failed

to pay a fee within 30 days of the date

of the billing, the requester shall be

required to pay the full amount owed

plus any applicable interest, and to

make an advance payment of the full

amount of the estimated fee before the

Department begins to process a new

request or the pending request.

Whenever interest is charged, the

Department shall begin assessing

interest on the 31st day following the

day on which billing was sent. Interest

shall be at the rate prescribed in 31

U.S.C. 3717. In addition, the

Department shall take all steps

authorized by the Debt Collection Act of

1982, as amended by the Debt

Collection Improvement Act of 1996,

including administrative offset pursuant

to 31 CFR Part 5, disclosure to consumer

reporting agencies and use of collection

agencies, to effect payment.

(g) Amounts to be charged for specific

services. The fees for services performed

by a bureau of the Department of the

Treasury shall be imposed and collected

as set forth in this paragraph.

(1) Duplicating records. All

requesters, except commercial

requesters, shall receive the first 100

pages duplicated without charge.

Absent a determination to waive fees, a

bureau shall charge requesters as

follows:

(i) $.20 per page, up to 81⁄2 × 14′′,

made by photocopy or similar process.

(ii) Photographs, films, and other

materials—actual cost of duplication.

(iii) Other types of duplication

services not mentioned above—actual

cost.

(iv) Material provided to a private

contractor for copying shall be charged

to the requester at the actual cost

charged by the private contractor.

(2) Search services. Bureaus shall

charge for search services consistent

with the following:

(i) Searches for other than electronic

records. The Department shall charge

for search time at the salary rate(s)

(basic pay plus 16 percent) of the

employee(s) making the search.

However, where a single class of

personnel is used exclusively (e.g., all

administrative/clerical, or all

professional/executive), an average rate

for the range of grades typically

involved may be established. This

charge shall include transportation of

personnel and records necessary to the

search at actual cost. Fees may be

charged for search time as prescribed in

§ 1.7, even if the search does not yield

any responsive records, or if records are

denied.

(ii) Searches for electronic records.

The Department shall charge for actual

direct cost of the search, including

computer search time, runs, and the

operator’s salary. The fee for computer

output shall be actual direct costs. For

requesters in the ‘‘all other’’ category,

when the cost of the search (including

the operator time and the cost of

operating the computer to process a

request) equals the equivalent dollar

amount of two hours of the salary of the

person performing the search (i.e., the

operator), the charge for the computer

search will begin.

(3) Review of records. The Department

shall charge commercial use requesters

for review of records at the salary rate(s)

(i.e., basic pay plus 16 percent) of the

employee(s) making the review.

However, when a single class of

personnel is used exclusively (e.g., all

administrative/clerical, or all

professional/executive), an average rate

for the range of grades typically

involved may be established. Fees may

be charged for review time as prescribed

in § 1.7, even if records ultimately are

not disclosed.

(4) Inspection of records. Fees for all

services provided shall be charged

whether or not copies are made

available to the requester for inspection.

(5) Other services. Other services and

materials requested which are not

covered by this part nor required by the

FOIA are chargeable at the actual cost to

the Department. This includes, but is

not limited to:

(i) Certifying that records are true

copies;

(ii) Sending records by special

methods such as express mail, etc.

(h) Aggregating requests. When the

Department or a bureau of the

Department reasonably believes that a

requester or group of requesters is

attempting to break a request down into

a series of requests for the purpose of

evading the assessment of fees, the

agency shall aggregate any such requests

and charge accordingly.

Appendices to Subpart A

Appendix A—Departmental Offices

1. In general. This appendix applies to the

Departmental Offices as defined in 31 CFR

1.1(a)(1).

2. Public reading room. The public reading

room for the Departmental Offices is the

Treasury Library. The Library is located in

the Main Treasury Building, 1500

Pennsylvania Avenue, NW., Washington, DC

20220. For building security purposes,

visitors are required to make an appointment

by calling 202–622–0990.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Departmental Offices will be made by the

head of the organizational unit having

immediate custody of the records requested

or the delegate of such official. Requests for

records should be addressed to: Freedom of

Information Request, DO, Assistant Director,

Disclosure Services, Department of the

Treasury, 1500 Pennsylvania Avenue, NW,

Washington, DC 20220.

4. Administrative appeal of initial

determination to deny records.

(i) Appellate determinations under 31 CFR

1.5(i) with respect to records of the

Departmental Offices will be made by the

Secretary, Deputy Secretary, Under Secretary,

General Counsel, Inspector General, Treasury

Inspector General for Tax Administration,

Treasurer of the United States, or Assistant

Secretary having jurisdiction over the

organizational unit which has immediate

custody of the records requested, or the

delegate of such officer.

(ii) Appellate determinations with respect

to requests for expedited processing shall be

made by the Deputy Assistant Secretary

(Administration).

(iii) Appeals should be addressed to:

Freedom of Information Appeal, DO,

Assistant Director, Disclosure Services,

Department of the Treasury, 1500

Pennsylvania Avenue, NW., Washington, DC

20220.

5. Delivery of process. Service of process

will be received by the General Counsel of

the Department of the Treasury or the

delegate of such officer and shall be

delivered to the following location: General

Counsel, Department of the Treasury, Room

3000, Main Treasury Building, 1500

Pennsylvania Avenue, NW., Washington, DC

20220.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40513

Appendix B—Internal Revenue Service

1. In general. This appendix applies to the

Internal Revenue Service. See also 26 CFR

601.702.

2. Public reading room. The public reading

rooms for the Internal Revenue Service are

maintained at the following location:

National Office

Mailing Address

Freedom of Information Reading Room, PO

Box 795, Ben Franklin Station,

Washington, DC 20044

Walk-In Address

Room 1621, 1111 Constitution Avenue, NW.,

Washington, DC

Northeast Region

Mailing Address

Freedom of Information Reading Room, PO

Box 5138, E:QMS:D, New York, NY 10163

Walk-In Address

11th Floor, 110 W. 44th Street, New York,

NY

Midstates Region

Mailing Address

Freedom of Information Reading Room, Mail

Code 7000 DAL, 1100 Commerce Street,

Dallas, TX 75242

Walk-In Address

10th Floor, Rm. 10B37, 1100 Commerce

Street, Dallas, TX

Southeast Region

Mailing Address

401 W. Peachtree Street, NW., Stop 601D,

Room 868, Atlanta, GA 30365

Walk-In Address

Same as mailing address

Western Region

Mailing Address

1301 Clay Street, Stop 800–S, Oakland, CA

94612

Walk-In Address

8th Floor, 1301 Clay Street, Oakland, CA

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Internal Revenue Service, grant expedited

processing, grant a fee waiver, or determine

requester category will be made by those

officials specified in 26 CFR 601.702.

4. Administrative appeal of initial

determination to deny records. Appellate

eterminations under 31 CFR 1.5(i) with

respect to records of the Internal Revenue

Service will be made by the Commissioner of

Internal Revenue or the delegate of such

officer. Appeals made by mail should be

addressed to: Freedom of Information

Appeal, Commissioner of Internal Revenue

Service, c/o Ben Franklin Station, PO Box

929, Washington, DC 20044.

Appeals may be delivered personally to the

Assistant Chief Counsel (Disclosure

Litigation) CC:EL:D, Office of the Chief

Counsel, Internal Revenue Building, 1111

Constitution Avenue NW., Washington, D.C.

5. Delivery of process. Service of process

shall be effected consistent with Rule 4 of the

Federal Rule of Civil Procedure, and directed

to the Commissioner of Internal Revenue at

the following address: Commissioner,

Internal Revenue Service, 1111 Constitution

Avenue NW., Washington, DC 20224.

Attention: CC:EL:D.

Appendix C—United States Customs Service

1. In general. This appendix applies to the

United States Customs Service.

2. Public reading room. The public reading

room for the United States Customs Service

is maintained at the following location:

United States Customs Service, 1300

Pennsylvania Avenue NW., Washington, DC

20229.

3. Requests for records. 

(a) Headquarters—Initial determinations

under 31 CFR 1.5(h) as to whether to grant

requests for records will be made by the

appropriate Division Director at Customs

Service Headquarters having custody of or

functional jurisdiction over the subject

matter of the requested records. If the request

relates to records maintained in an office

which is not within a division, the initial

determination shall be made by the

individual designated for that purpose by the

Assistant Commissioner having

responsibility for that office. Requests may be

mailed or delivered in person to: Freedom of

Information Act, Chief, Disclosure Law

Branch, U.S. Customs Service, 1300

Pennsylvania Avenue, NW., Washington, DC

20229.

(b) Field Offices—Initial determinations

under 31 CFR 1.5(h) as to whether to grant

requests for records maintained by the Office

of Investigations will be made by the Special

Agent in Charge in whose office the records

are maintained. Initial determinations of

records maintained in Customs Ports of Entry

as to whether or not to grant requests for

records will be made by the Port Director of

the Customs Service Port having jurisdiction

over the Port of Entry in which the records

are maintained. Requests may be mailed or

faxed to or delivered personally to the

respective Special Agents in Charge or Port

Directors of the Customs Service Ports at the

following locations:

Offices of Special Agents in Charge (SACS)

Atlanta—SAC

1691 Phoenix Blvd., Suite 250, Atlanta,

Georgia 30349, Phone (770) 994–2230, FAX

(770) 994–2262

Detroit—SAC

McNamara Federal Building, 477 Michigan

Avenue, Room 350, Detroit, Michigan

48226–2568, Phone (313) 226–3166, FAX

(313) 226–6282

Baltimore—SAC

40 South Gay Street, 3rd Floor Baltimore,

Maryland 21202, Phone (410) 962–2620,

FAX (410) 962–3469

El Paso—SAC

9400 Viscount Blvd., Suite 200, El Paso,

Texas 79925, Phone (915) 540–5700, FAX

(915) 540–5754

Boston—SAC

10 Causeway Street, Room 722, Boston, MA

02222–1054, Phone (617) 565–7400, FAX

(617) 565–7422

Houston—SAC

4141 N. Sam Houston Pkwy, E., Houston,

Texas 77032, Phone (281) 985–0500, FAX

(281) 985–0505

Buffalo—SAC

111 West Huron Street, Room 416, Buffalo,

New York 14202, Phone (716) 551–4375,

FAX (716) 551–4379

Los Angeles—SAC

300 South Ferry St., Room 2037, Terminal

Island, CA 90731, Phone (310) 514–6231,

FAX (310) 514–6280

Chicago—SAC

610 South Canal Street, Room 1001, Chicago,

Illinois 60607, Phone (312) 353–8450, FAX

(312) 353–8455

Miami—SAC

8075 NW 53rd Street, Scranton Building,

Miami, Florida 33166, Phone (305) 597–

6030, FAX (305) 597–6227

Denver—SAC

115 Inverness Drive, East, Suite 300,

Englewood, CO 80112–5131, Phone (303)

784–6480, FAX (303) 784–6490

New Orleans—SAC

423 Canal Street, Room 207, New Orleans,

LA 70130, Phone (504) 670–2416, FAX

(504) 589–2059

New York—SAC

6 World Trade Center, New York, New York

10048–0945, Phone (212) 466–2900, FAX

(212) 466–2903

San Juan—SAC

#1, La Puntilla Street, Room 110, San Juan,

PR 00901, Phone (787) 729–6975 FAX

(787) 729–6646

San Antonio—SAC

10127 Morocco, Suite 180, San Antonio,

Texas 78216, Phone (210) 229–4561, FAX

(210) 229–4582

Seattle—SAC

1000—2nd Avenue, Suite 2300, Seattle,

Washington, 98104, Phone (206) 553–7531,

FAX (206) 553–0826

San Diego—SAC

185 West ‘‘F’’ Street, Suite 600, San Diego,

CA 92101, Phone (619) 557–6850, FAX

(619) 557–5109

Tampa—SAC

2203 North Lois Avenue, Suite 600, Tampa,

Florida 33607, Phone (813) 348–1881, FAX

(813) 348–1871

San Francisco—SAC

1700 Montgomery Street, Suite 445, San

Francisco, CA 94111, Phone (415) 705–

4070, FAX (415) 705–4065

40514 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

Tucson—SAC

555 East River Road, Tucson, Arizona 85704,

Phone (520) 670–6026, FAX (520) 670–

6233

Customs Service Ports

Anchorage: 605 West Fourth Avenue

Anchorage, AK 99501. Phone: (907) 271–

2675; FAX: (907) 271–2684.

Minneapolis: 110 South Street

Minneapolis, MN 55401. Phone: (612) 348–

1690; FAX: (612) 348–1630.

Baltimore: 200 St. Paul Place Baltimore,

MD 21202. Phone: (410) 962–2666; FAX:

(410) 962–9335.

Mobile: 150 North Royal Street Mobile, AL

36602. Phone: (205) 441–5106; FAX: (205)

441–6061.

Blaine: 9901 Pacific Highway Blaine, WA

98230. Phone: (360) 332–5771; FAX: (360)

332–4701.

New Orleans: 423 Canal Street New

Orleans, LA 70130. Phone: (504) 589–6353;

FAX: (504) 589–7305.

Boston: 10 Causeway Street Boston, MA

02222–1059. Phone: (617) 565–6147; FAX:

(617) 565–6137.

New York: 6 World Trade Center New

York, NY 10048. Phone: (212) 466–4444;

FAX: (212) 455–2097.

Buffalo: 111 West Huron Street Buffalo, NY

14202–22378. Phone: (716) 551–4373; FAX:

(716) 551–5011.

New York-JFK Area: Building #77 Jamaica,

NY 11430. Phone: (718) 553–1542; FAX:

(718) 553–0077.

Champlain: 35 West Service Road Rts. 1 &

9 South Champlain, NY 12919. Phone: (518)

298–8347; FAX: (518) 298–8314.

New York-NY/Newark Area: Hemisphere

Center, Newark, NJ 07114. Phone: (201) 645–

3760; FAX: (201) 645–6634.

Charleston: 200 East Bay Street Charleston,

SC 29401. Phone: (803) 727–4296; FAX: (803)

727–4043.

Nogales: 9 North Grand Avenue Nogales,

AZ 85621. Phone: (520) 287–1410; FAX:

(520) 287–1421.

Charlotte: 1801–K Cross Beam Drive

Charlotte, NC 28217. Phone: (704) 329–6101;

FAX: (704) 329–6103.

Norfolk: 200 Granby Street Norfolk, VA

23510. Phone: (804) 441–3400; FAX: (804)

441–6630.

Charlotte/Amalie: Main Post OFC-Sugar

Estate St. Thomas, VI 00801. Phone: (809)

774–2511; FAX: (809) 776–3489.

Pembina: PO Box 610 Pembina, ND 58271.

Phone: (701) 825–6201; FAX: (701) 825–

6473.

Chicago: 610 South Canal Street Chicago,

IL 60607. Phone: (312) 353–6100; FAX: (312)

353–2337.

Philadelphia: 2nd & Chestnut Streets

Philadelphia, PA 19106. Phone: (215) 597–

4605; FAX: (215) 597–2103.

Cleveland: 56 Erieview Plaza Cleveland,

OH 44114. Phone: (216) 891–3804; FAX:

(216) 891–3836.

Portland, Oregon: 511 NW Broadway

Portland, OR 97209. Phone: (503) 326–2865;

FAX: (503) 326–3511.

Dallas/Fort Worth: PO Box 61905 Dallas/

Fort Worth Airport, TX 75261. Phone: (972)

574–2170; FAX: (972) 574–4818.

Providence: 49 Pavilion Avenue

Providence, RI 02905. Phone: (401) 941–

6326; FAX: (401) 941–6628.

Denver: 4735 Oakland Street Denver, CO

80239. Phone: (303) 361–0715; FAX: (303)

361–0722.

San Diego: 610 West Ash Street San Diego,

CA 92188. Phone: (619) 557–6758; FAX:

(619) 557–5314.

Detroit: 477 Michigan Avenue Detroit, MI

48226. Phone: (313) 226–3178; FAX: (313)

226–3179.

San Francisco: 555 Battery Avenue San

Francisco, CA 94111. Phone: (415) 744–7700;

FAX: (415) 744–7710.

Duluth: 515 West 1st Street Duluth, MN

55802–1390. Phone: (218) 720–5201; FAX:

(218) 720–5216.

San Juan: #1 La Puntilla San Juan, PR

00901. Phone: (809) 729–6965; FAX: (809)

729–6978.

El Paso: 9400 Viscount Boulevard El Paso,

TX 79925. Phone: (915) 540–5800; FAX:

(915) 540–3011.

Savannah: 1 East Bay Street Savannah, GA

31401. Phone: (912) 652–4256; FAX: (912)

652–4435.

Great Falls: 300 2nd Avenue South Great

Falls, MT 59403. Phone: (406) 453–7631;

FAX: (406) 453–7069.

Seattle: 1000 2nd Avenue Seattle, WA

98104–1049. Phone: (206) 553–0770; FAX:

(206) 553–2970.

Honolulu: 335 Merchant Street Honolulu,

HI 96813. Phone: (808) 522–8060; FAX: (808)

522–8060.

St. Albans: P.O. Box 1490 St. Albans, VT

05478. Phone: (802) 524–7352; FAX: (802)

527–1338.

Houston/Galveston: 1717 East Loop

Houston, TX 77029. Phone: (713) 985–6712;

FAX: (713) 985–6705.

St. Louis: 4477 Woodson Road St. Louis,

MO 63134–3716. Phone: (314) 428–2662;

FAX: (314) 428–2889.

Laredo/Colombia: P.O. Box 3130 Laredo,

TX 78044. Phone: (210) 726–2267; FAX:

(210) 726–2948.

Tacoma: 2202 Port of Tacoma Road,

Tacoma, WA 98421. Phone: (206) 593–6336;

FAX: (206) 593–6351.

Los Angeles: 300 South Ferry Street

Terminal Island, CA 90731. Phone: (310)

514–6001; FAX: (310) 514–6769.

Tampa: 4430 East Adamo Drive Tampa, FL

33605. Phone: (813) 228–2381; FAX: (813)

225–7309.

Miami Airport: 6601 West 25th Street

Miami, FL 33102–5280. Phone: (305) 869–

2800; FAX: (305) 869–2822.

Washington, DC: P.O. Box 17423

Washington, DC. 20041. Phone: (703) 318–

5900; FAX: (703) 318–6706.

Milwaukee: P.O. Box 37260 Milwaukee, WI

53237–0260. Phone: (414) 571–2860; FAX:

(414) 762–0253.

(c) All such requests should be

conspicuously labeled on the face of the

envelope, ‘‘Freedom of Information Act

Request’’ or ‘‘FOIA Request’’.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) will be

made by the Assistant Commissioner of

Customs (Office of Regulations and Rulings),

or his designee, and all such appeals should

be mailed, faxed (202/927–1873) or

personally delivered to the United States

Customs Service, 1300 Pennsylvania Avenue,

NW., Washington, DC 20229. If possible, a

copy of the initial letter of determination

should be attached to the appeal.

5. Delivery of process. Service of process

will be received by the Chief Counsel, United

States Customs Service, 1300 Pennsylvania

Avenue, NW., Washington, DC 20229.

Appendix D—United States Secret Service

1. In general. This appendix applies to the

United States Secret Service.

2. Public reading room. The United States

Secret Service will provide a room on an ad

hoc basis when necessary. Contact the

Disclosure Officer, Room 720, 1800 G Street,

NW., Washington, DC 20223 to make

appointments.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

United States Secret Service will be made by

the Freedom of Information and Privacy Acts

Officer, United States Secret Service.

Requests may be mailed or delivered in

person to: Freedom of Information Act

Request, FOIA and Privacy Acts Officer, U.S.

Secret Service, Room 720, 1800 G Street,

NW., Washington, DC 20223.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the United States Secret

Service will be made by the Deputy Director,

United States Secret Service. Appeals should

be addressed to: Freedom of Information

Appeal, Deputy Director, U.S. Secret Service,

Room 800, 1800 G Street, NW., Washington,

DC 20223.

5. Delivery of Process. Service of process

will be received by the United States Secret

Service Chief Counsel at the following

address: Chief Counsel, U.S. Secret Service,

Room 842, 1800 G Street, NW., Washington,

DC 20223.

Appendix E—Bureau of Alcohol, Tobacco

and Firearms

1. In general. This appendix applies to the

Bureau of Alcohol, Tobacco and Firearms.

2. Public reading room. The Bureau of

Alcohol, Tobacco and Firearms will make

materials available for review on an ad hoc

basis when necessary. Contact the Chief,

Disclosure Division, Bureau of Alcohol,

Tobacco, and Firearms, 650 Massachusetts

Avenue, NW., Washington, DC 20226.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Bureau of Alcohol, Tobacco, and Firearms

will be made by the Chief, Disclosure

Division, Office of Assistant Director (Liaison

and Public Information) or the delegate of

such officer. Requests may be mailed or

delivered in person to: Freedom of

Information Act Request, Chief, Disclosure

Division, Bureau of Alcohol, Tobacco, and

Firearms, 650 Massachusetts Avenue, NW.,

Washington, DC 20226.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the Bureau of Alcohol,

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40515

Tobacco and Firearms will be made by the

Assistant Director, Liaison and Public

Information, Bureau of Alcohol, Tobacco,

and Firearms or the delegate of such officer.

Appeals may be mailed or delivered in

person to: Freedom of Information Appeal,

Assistant Director, Liaison and Public

Information, Bureau of Alcohol, Tobacco,

and Firearms, 650 Massachusetts Avenue,

NW., Washington, DC 20226.

5. Delivery of process. Service of process

will be received by the Director of the Bureau

of Alcohol, Tobacco, and Firearms at the

following location: Bureau of Alcohol,

Tobacco, and Firearms, 650 Massachusetts

Avenue, NW., Washington, DC 20226,

Attention: Chief Counsel.

Appendix F—Bureau of Engraving and

Printing

1. In general. This appendix applies to the

Bureau of Engraving and Printing.

2. Public reading room. Contact the

Disclosure Officer, 14th and C Streets, SW.,

Washington, DC 20228, to make an

appointment.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Bureau of Engraving and Printing will be

made by the Assistant to the Director.

Requests may be mailed or delivered in

person to: Freedom of Information Act

Request, Disclosure Officer, (Assistant to the

Director), Room 112–M, Bureau of Engraving

and Printing, Washington, DC 20228.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the Bureau of Engraving

and Printing will be made by the Director of

the Bureau of Engraving and Printing or the

delegate of the Director. Appeals may be

mailed or delivered in person to: Freedom of

Information Appeal, Director, Bureau of

Engraving and Printing, 14th and C Streets,

SW., Room 119–M, Washington, DC 20228.

5. Delivery of process. Service of process

will be received by the Chief Counsel or the

delegate of such officer at the following

location: Chief Counsel, Bureau of Engraving

and Printing, 14th and C Streets, SW., Room

104–24 M, Washington, DC 20228.

Appendix G—Financial Management

Service

1. In general. This appendix applies to the

Financial Management Service.

2. Public reading room. The public reading

room for the Financial Management Service

is maintained at the following location:

Library, Main Treasury Building, 1500

Pennsylvania Avenue NW., Washington, DC

20220. For building security purposes,

visitors are required to make an appointment

by calling 202/622–0990.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) whether

to grant requests for records will be made by

the Disclosure Officer, Financial

Management Service. Requests may be

mailed or delivered in person to: Freedom of

Information Request, Disclosure Officer,

Financial Management Service, 401 14th

Street, SW., Washington, DC 20227.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) will be

made by the Commissioner, Financial

Management Service. Appeals may be mailed

to: Freedom of Information Appeal (FOIA),

Commissioner, Financial Management

Service, 401 14th Street, SW., Washington,

DC 20227.

Appeals may be delivered personally to the

Office of the Commissioner, Financial

Management Service, 401 14th Street, SW.,

Washington, DC.

5. Delivery of process. Service of process

will be received by the Commissioner,

Financial Management Service, and shall be

delivered to: Commissioner, Financial

Management Service, Department of the

Treasury, 401 14th Street, SW., Washington,

DC 20227.

Appendix H—United States Mint

1. In general. This appendix applies to the

United States Mint.

2. Public reading room. The U.S. Mint will

provide a room on an ad hoc basis when

necessary. Contact the Freedom of

Information/Privacy Act Officer, United

States Mint, Judiciary Square Building, 7th

floor, 633 3rd Street, NW., Washington, DC

20220.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

United States Mint will be made by the

Freedom of Information/Privacy Act Officer,

United States Mint. Requests may be mailed

or delivered in person to: Freedom of

Information Act Request, Freedom of

Information/Privacy Act Officer, United

States Mint, Judiciary Square Building, 7th

Floor, 633 3rd Street, NW., Washington, DC

20220.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the United States Mint

will be made by the Director of the Mint.

Appeals made by mail should be addressed

to: Freedom of Information Appeal, Director,

United States Mint, Judiciary Square

Building, 7th Floor, 633 3rd Street, NW.,

Washington, DC 20220.

5. Delivery of process. Service of process

will be received by the Director of the Mint

and shall be delivered to: Chief Counsel,

United States Mint, Judiciary Square

Building, 7th Floor, 633 3rd Street, NW.,

Washington, D.C. 20220.

Appendix I—Bureau of the Public Debt

1. In general. This appendix applies to the

Bureau of the Public Debt.

2. Public reading room. The public reading

room for the Bureau of the Public Debt is

maintained at the following location: Library,

Main Treasury Building, 1500 Pennsylvania

Avenue, NW, Washington, DC 20220. For

building security purposes, visitors are

required to make an appointment by calling

202/622–0990.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records will be

made by the Disclosure Officer of the Bureau

of the Public Debt. Requests may be sent to:

Freedom of Information Act Request,

Disclosure Officer, Bureau of the Public Debt,

Department of the Treasury, 999 E Street,

NW., Room 500, Washington, D.C. 20239–

0001.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the Bureau of the Public

Debt will be made by the Commissioner of

the Public Debt. Appeals may be sent to:

Freedom of Information Appeal,

Commissioner of the Public Debt,

Department of the Treasury, 999 E Street,

NW., Room 500, Washington, DC 20239–

0001.

5. Delivery of process. Service of process

will be received by the Chief Counsel, Bureau

of the Public Debt, or the delegate of such

officer, and shall be delivered to the

following location: Chief Counsel’s Office,

Bureau of the Public Debt, Room 501, 999 E

Street, NW., Washington, DC 20239–0001, or

Bureau of the Public Debt, 200 Third Street,

Room G–15, Parkersburg, WV 26106–1328.

Appendix J—Office of the Comptroller of the

Currency

1. In general. This appendix applies to the

Office of the Comptroller of the Currency.

2. Public reading room. The Office of the

Comptroller of the Currency will make

materials available through its Public

Information Room at 250 E Street, SW.,

Washington, DC 20219.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Office of the Comptroller of the Currency will

be made by the Disclosure Officer or the

official so designated. Requests may be

mailed or delivered in person to: Freedom of

Information Act Request, Disclosure Officer,

Communications Division, 3rd Floor,

Comptroller of the Currency, 250 E Street,

SW., Washington, DC 20219.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the Office of the

Comptroller of the Currency will be made by

the Chief Counsel or delegates of such

person. Appeals made by mail should be

addressed to: Communications Division,

Comptroller of the Currency, 250 E Street,

SW., Washington, DC 20219.

Appeals may be delivered personally to the

Communications Division, Comptroller of the

Currency, 250 E Street, SW., Washington, DC.

5. Delivery of process. Service of process

will be received by the Director, Litigation

Division, Comptroller of the Currency, and

shall be delivered to such officer at the

following location: Litigation Division,

Comptroller of the Currency, 250 E Street,

SW., Washington, DC 20219.

Appendix K—Federal Law Enforcement

Training Center

1. In general. This apppendix applies to

the Federal Law Enforcement Training

Center.

2. Public reading room. The public reading

room for the Federal Law Enforcement

Training Center is maintained at the

following location: Library, Building 262,

Federal Law Enforcement Training Center,

Glynco, GA 31524.

40516 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records will be

made by the Chief, Management Analysis

Division, Federal Law Enforcement Training

Center. Requests made by mail should be

addressed to: Freedom of Information Act

Request, Freedom of Information Act Officer,

Federal Law Enforcement Training Center,

Department of the Treasury, Building 94,

Glynco, GA 31524.

Requests may be delivered personally to

the Management Analysis Division, Federal

Law Enforcement Training Center, Building

94, Glynco, GA.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the consolidated Federal

Law Enforcement Training Center will be

made by the Director, Federal Law

Enforcement Training Center. Appeals may

be mailed to: Freedom of Information

Appeal, Federal Law Enforcement Training

Center, Department of the Treasury, Building

94, Glynco, GA 31524.

5. Delivery of process. Service of process

will be received by the Legal Counsel of the

Federal Law Enforcement Training Center, or

his delegate, and shall be delivered to such

officer at the following location: Legal

Counsel, Federal Law Enforcement Training

Center, Department of the Treasury, Building

94, Glynco, GA 31524.

Appendix L—Office of Thrift Supervision

1. In general. This appendix applies to the

Office of Thrift Supervision (OTS). OTS

regulatory handbooks and other publications

are available for sale. Information may be

obtained by calling the OTS Order

Department at 301/645–6264. OTS regulatory

handbooks and other publications may be

purchased by forwarding a request, along

with a check to: OTS Order Department, PO

Box 753, Waldorf, MD 20604 or by calling

301/645–6264 to pay by VISA or

MASTERCARD.

2. Public reading room. The public reading

room for the Office of Thrift Supervision is

maintained at the following location: 1700 G

Street, NW., Washington, DC 20552.

3. Requests for records. Initial

determinations under 31 CFR 1.5(h) as to

whether to grant requests for records of the

Office of Thrift Supervision will be made by

the Director, OTS Dissemination Branch.

Requests for records should be addressed to:

Freedom of Information Request, Manager,

Dissemination Branch, Records Management

& Information Policy Division, Office of

Thrift Supervision, 1700 G Street, NW.,

Washington, DC 20552.

Requests for records may be delivered in

person to: Public Reference Room, Office of

Thrift Supervision, 1700 G Street, NW.,

Washington, DC.

4. Administrative appeal of initial

determination to deny records. Appellate

determinations under 31 CFR 1.5(i) with

respect to records of the Office of Thrift

Supervision will be made by the Director,

Records Management & Information Policy,

Office of Thrift Supervision, or their

designee. Appeals made by mail should be

addressed to: Freedom of Information

Appeal, Director, Records Management &

Information Policy Division, Office of Thrift

Supervision, 1700 G Street, NW.,

Washington, DC 20552.

Appeals may be delivered in person to:

Public Reference Room, Office of Thrift

Supervision, 1700 G Street, NW.,

Washington, DC.

5. Delivery of process. Service of process

will be received by the Corporate Secretary

of the Office of Thrift Supervision or their

designee and shall be delivered to the

following location: Corporate Secretary,

Office of Thrift Supervision, 1700 G Street,

NW., Washington, DC 20552.

[FR Doc. 00–16446 Filed 6–29–00; 8:45 am]

BILLING CODE 4810–25–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100, 110, and 165

[CGD1–99–194]

Temporary Regulations: OPSAIL

MAINE 2000, Portland, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations,

including a regulated area, safety zone

and anchorage grounds during OPSAIL

MAINE 2000 events to be held between

July 28 and 30, 2000 in the port of

Portland, Maine. These regulations are

necessary to promote the safe navigation

of vessels, and the safety of life and

property during the heavy volume of

vessel traffic expected during this event.

DATES: This rule is effective from July

28, 2000 until July 30, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD1–99–194 and are available

for inspection and copying at the Coast

Guard Marine Safety Office, 103

Commercial St. Portland, Maine 04101–

4726, between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant E. Doucette, Chief of

Response and Planning, Marine Safety

Office, Portland at (207) 780–3251.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 17, 2000, the Coast Guard

published a Notice of Proposed Rule

Making (NPRM) entitled Temporary

Regulations: Opsail Maine 2000,

Portland, Maine in the Federal Register,

Volume 65, Page 14498. The Coast

Guard received 3 letters commenting on

the proposed rule. One letter suggested

a public hearing be held. For reasons set

out below, a public hearing was not

held.

Background and Purpose

OPSAIL Maine 2000, Inc. is

sponsoring the OPSAIL Maine 2000

Parade of Tall Ships as well as a

fireworks display. These events are

scheduled to take place between July

28th and 30th 2000 in the Port of

Portland and surrounding waters. The

Coast Guard anticipates up to 1,000

spectator craft for these events. These

regulations create temporary anchorage

regulations, vessel movement controls,

and safety zones. The regulations are in

effect at various times in Portland

Harbor between July 28–30, 2000. The

expected vessel congestion due to the

large number of participating and

spectator vessels poses a significant

threat to the safety of life and the safety

of the port. These rules provide for the

safety of life on navigable waters and

promotes maritime safety and protects

participants and spectators during this

event.

Discussion of Rule

These regulations create temporary

anchorage regulations and vessel

movement controls. Special local

regulations will be in effect for parts of

Portland Harbor for the period

beginning at 11 a.m. on Friday, July 28,

and ending at 4 p.m. on Friday, July 28.

The safety of parade participants and

spectators will require that spectator

craft and all other traffic be kept at a

safe distance from participating tall

ships and vessels. No vessel will be

permitted to move within the regulated

area during that time without

permission from the Captain of the Port.

This is required to ensure the safety of

both participating and spectator vessels

during the Parade of Sail. Normal port

operations will resume within the area

following the Parade of Sail.

These regulations temporarily

suspend existing anchorage areas, and

establish new areas within the port to

provide spectator viewing areas and

maintain a clear parade route for

participating vessels. The Parade of Sail

will begin at Portland Head Light, and

proceed along the main channel into

Portland Harbor. The safety of parade

participants and spectators require that

all vessels remain clear of the main

channel while the participating vessels

are on the parade route.

These regulations also establish a

safety zone around a pyrotechnics barge

from which fireworks will be launched.

An area within a 1500-foot radius