Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11901

to all chlorine species as determined by

Method 4500–ClO2 E in the ‘‘Standard

Methods for the Examination of Water

and Wastewater,’’ 18th ed., 1992, or an

equivalent method. Method 4500–ClO2

E is incorporated by reference in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51. Copies are available from

the Division of Petition Control, Center

for Food Safety and Applied Nutrition

(HFS–215), Food And Drug

Administration, 200 C St., SW.,

Washington, DC 20204–0001 and The

American Public Health Association,

1015 Fifteenth St., NW., Washington,

DC 20005, or may be examined at the

Office of the Federal Register, 800 North

Capitol St., NW., suite 700, Washington,

DC.

(b) The additive may be used as an

antimicrobial agent in water used in

poultry processing in an amount not to

exceed 3 parts per million (ppm)

residual chlorine dioxide as determined

by Method 4500–ClO2 E referenced

above or an equivalent method.

Dated: February 23, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95–5275 Filed 3–2–95; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 15

[Docket R–95–1682; FR–3282–F–01]

RIN 2501–AB47

Freedom of Information Act

Procedures

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

SUMMARY: This rule amends 24 CFR part

15, which implements the Freedom of

Information Act and sets forth the

procedures to be followed by the

Department in responding to requests

from the public for documents. The rule

fashions certain in-house administrative

and procedural changes in the

processing of requests for documents

and appeals from denials of requests for

documents, and is necessary to reflect

current organizational responsibilities of

the various offices within the

Department. The rule also implements

the Department’s FOIA Handbook

procedures for notifying business

submitters and affording them an

opportunity to object to disclosure of

their business information.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Yvette Magruder, Assistant Director,

Freedom of Information Unit, Room

10139, Department of Housing and

Urban Development, 451 Seventh Street

SW., Washington DC 20410; telephone

(202) 708–3054, or 1–800–877–8339

(TDD). (Only the ‘‘800’’ TDD number is

toll-free.)

SUPPLEMENTARY INFORMATION:

Justification for Final Rulemaking

In general, the Department publishes

a rule for public comment before issuing

a rule for effect, in accordance with its

own regulations on rulemaking in 24

CFR part 10. However, part 10 does

provide for an exception for rules

governing the Department’s organization

or its own internal practices or

procedures. Because the provisions

contained in this rule relate to the

manner in which the Department will

administer its responsibilities under the

Freedom of Information Act and related

technical amendments, notice-andcomment rulemaking would not benefit

the public and is not required.

Background

The Department’s regulations

implementing the Freedom of

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

were published at 40 FR 48123 (October

14, 1975), and were amended at 52 FR

12160 (April 15, 1987) and 53 FR 37549

(September 27, 1988). This rule is being

issued to reflect organizational changes

relating to the manner in which the

Department administers the disclosure

of public documents.

Under Exemption 4 of the FOIA (5

U.S.C. 552(b)(4)) Federal agencies have

a responsibility to protect sensitive

business information from disclosure.

Under Executive Order 12600 (3 CFR,

1987 Comp., p. 235), in meeting this

responsibility agencies must notify

business submitters that their

information has been requested under

the FOIA and must afford them an

opportunity to object to disclosure of

the requested information. By this rule,

a new § 15.54, updating the

Department’s current business submitter

notification procedures in HUD

Handbook 1327.1 REV–1, Freedom of

Information Act, is being added to title

24 of the Code of Federal Regulations

(CFR).

In addition, the rule updates language

in § 15.21 on the protections available

for law enforcement records. The new

language duplicates statutory language

in the Freedom of Information Reform

Act of 1986 (Pub. L. 99–570, subtitle N,

approved October 27, 1986; 100 Stat.

3207–48), which modified the terms of

the exemption as provided in the FOIA.

Section-by-Section Analysis

Section 15.1(f) currently defines

‘‘information center’’ as any place,

reading room, desk, or other area or

facility, established and maintained by

the Department where the public may

request and obtain information and

records concerning the Department’s

operations and business. This rule

clarifies the means by which the public

may obtain access to those resources

that are maintained in a combination of

locations within the Department. The

rule corrects any perception that all

records are maintained in a single

location within the Department.

Section 15.13(b) currently provides

that the Department will request records

that have been stored in the National

Archives or other record centers of the

General Services Administration. This

rule deletes reference to the General

Services Administration, because the

Federal Record Centers are now

administered by the National Archives

and Records Administration. The rule

establishes that records that have been

accessioned by the National Archives

and Records Administration may be

requested directly from the National

Archives and Records Administration.

Section 15.14 addresses the payment

of fees for search time and the copying

of documents. Those fees currently

established in § 15.14(a) are inadequate

to defray the Government’s own

reasonable direct costs in processing

requests and copying documents.

Accordingly, this rule increases those

fees. In addition, § 15.14(c) currently

does not include a separate schedule of

fees for computer search time. This rule

provides for charges to be assessed on

the basis of the direct cost of running

the computer, plus the programming

cost attributable to the search. Section

15.14(e) places restrictions on the

assessment of fees against

noncommercial requesters. The rule

simplifies those restrictions by

eliminating confusing language. Section

15.14(f) currently provides that fees may

be paid in cash, by check, or by money

order. This rule removes approval of

cash payments, except when a cash

payment is made in person, and

identifies to whom the fees should be

directed.

The changes to § 15.14 will help

defray the direct reasonable cost to the

Government of compliance with the

FOIA and will simplify fee projections

for certain computer searches.

Section 15.21 currently reflects the

statutory exemptions to the Freedom of

Information Act, with the exception of
11902 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

Exemption 7, which was substantially

amended in 1986, but was not

previously incorporated into the

Department’s regulations. This rule

incorporates statutory language with

regard to Exemption 7, setting forth the

circumstances under which the

exemption may provide authority for

withholding documents from the public.

Section 15.31 currently establishes

that the Department maintains a Central

Information Center at its Headquarters

location. This rule deletes the

designation ‘‘Central’’; cross-references

§ 15.1(f), which, as amended, describes

‘‘Information Center’’ as a combination

of places, rather than one place within

the Headquarters location; and updates

the addresses of referenced offices.

Section 15.32 currently authorizes the

Director of the Office of Public Affairs

to designate the FOIA information

officer in Headquarters, and requires the

Director’s concurrence in the selection

by the Regional Administrator and by

Directors of Field Offices of information

officers in the Regional or Field Offices.

This rule substitutes the Director, Office

of the Executive Secretariat, for Director,

Office of Public Affairs, and eliminates

the requirement for the Director’s

concurrence in the Secretary’s

Representatives’ designees, or designees

of the State or Area Coordinators.

Section 15.33 currently provides, in

paragraph (a)(6), that the Central

Information Center shall contain or have

ready access to an index of all

Departmental regulations, opinions and

adjudicated orders, staff and program

manuals, and precedential

interpretations. This rule deletes the

reference to a ‘‘Central’’ information

center, to provide consistency with

§§ 15.1(f) and 15.31, as amended;

provides that the enumerated records

are available in a compilation of indices

rather than in a single index; and

eliminates other obsolete or unnecessary

references. Thus, the rule corrects any

public perception that the Department

maintains a single index containing all

records required by the FOIA to be

made available to the public, and

simplifies the regulatory language.

Section 15.41 clarifies the parameters

for the Department’s exercise of its

discretion to require payment in

advance.

Section 15.42 currently sets forth time

limits applicable to requests for

documents and appeals from adverse

determinations, and provides for the

General Counsel to make appeal

determinations and approve time

extensions, when appropriate. This rule

adds authorization for Field Assistant

General Counsel to make appeal

determinations with respect to denials

issued by Field Offices within their

geographical jurisdiction and to grant

extensions of time, under certain

circumstances, for the Department’s

response.

Section 15.51 currently authorizes the

head of each organizational unit within

the Department to release records

within his or her area of responsibility.

This rule provides that only the Office

of the Executive Secretariat (in

Headquarters) and designated FOIA

liaisons (in Field Offices) are authorized

to release records to the public. The

amendment consolidates the FOIA

process under the supervision of a

designated officer, which assures more

consistent and prompt responses to

FOIA requests.

Section 15.52 concerns the authority

to deny requests for records. To be

consistent with the statutory language,

this rule substitutes the word ‘‘appeal’’

for the word ‘‘review’’ wherever it

appears in this section. The rule permits

program counsel in Headquarters to

concur in the denial of a request for a

record and authorizes Field Assistant

General Counsel to make appeal

determinations with respect to denials

issued by Field Offices within their

geographical jurisdictions. The rule also

requires the Department to list the

documents withheld when they number

fewer than 21. In addition, the rule

eliminates language that terminated the

authority of an officer or the officer’s

designee to release records after the

officer or designee has denied the

release of those records; therefore,

reconsideration by the issuing official of

a denial is permitted.

Section 15.54 provides procedures for

notifying a submitter when a FOIA

request has been made for business

information provided by the submitter.

The rule provides for designation of

business information by the submitter at

the time of submission or at a

reasonable time thereafter (see

§ 15.54(h) (4) and (5)). The rule allows

business submitters an opportunity to

object to disclosure of their information

and provides for notice to business

submitters about the Department’s

decision to disclose the information

under the FOIA.

Section 15.61 currently provides for

administrative review by the General

Counsel of a denial of a request for a

record, when requested in writing and

addressed to the Assistant General

Counsel for Training and

Administrative Law at HUD

Headquarters. To be consistent with the

statutory language and § 15.52, as

amended, this rule substitutes the word

‘‘appeal’’ for the word ‘‘review’’

wherever it appears in this section. The

rule also reiterates the authority,

provided elsewhere in the rule, of the

Field Assistant General Counsel to make

appeal determinations with respect to

Field Office denials of requests for

records, and changes the official to

whom appeals from decisions by

Headquarters and by offices containing

a Field Assistant General Counsel

should be addressed.

Other Matters

Executive Order 12866

This rule has been reviewed by the

Office of Management and Budget under

Executive Order 12866. Any changes

made in the rule as a result of this

review are identified in the docket file

of the rule maintained by the

Department and available for review at

the above address.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this rule before

publication and by approving it certifies

that this rule does not have a significant

economic impact on a substantial

number of small entities. This final rule

merely implements certain in-house

procedural changes in the processing of

FOIA requests, and conforms regulatory

language relating to FOIA Exemption 7

to current statutory language.

Environmental Review

In accordance with 40 CFR 1508.4 of

the regulations of the Council on

Environmental Quality and 24 CFR

50.20(k) of the HUD regulations, the

policies and procedures contained in

this rule relate only to internal

administrative procedures and,

therefore, are categorically excluded

from the requirements of the National

Environmental Policy Act.

Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this rule will not have substantial

direct effects on states or their political

subdivisions, or the relationship

between the federal government and the

states, or on the distribution of power

and responsibilities among the various

levels of government. As a result, the

rule is not subject to review under the

Order. This final rule implements

certain housekeeping provisions relating

to the Department’s regulations on the

release of requested documents.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11903

Order 12606, The Family, has

determined that this rule does not have

potential for significant impact on

family formation, maintenance, and

general well-being, and, thus, is not

subject to review under the Order. No

significant change in existing HUD

policies or programs will result from

promulgation of this rule, as those

policies and programs relate to family

concerns. The final rule updates

administrative regulations relating to

the processing of requests for

documents maintained by the

Department.

Regulatory Agenda

This rule was listed as Item No. 1731

in the Department’s Semiannual Agenda

of Regulations published on November

14, 1994 (59 FR 57632, 57642), in

accordance with Executive Order 12866

and the Regulatory Flexibility Act.

List of Subjects in 24 CFR Part 15

Classified information, Courts,

Freedom of information, Government

employees, Reporting and

recordkeeping requirements.

For the reasons stated in the

preamble, part 15 of Title 24 of the Code

of Federal Regulations is amended as

follows.

PART 15—TESTIMONY, PRODUCTION

AND DISCLOSURE OF MATERIAL OR

INFORMATION BY HUD EMPLOYEES

1. The authority citation for part 15 is

revised to read as follows:

Authority: 5 U.S.C. 552; Freedom of

Information Reform Act of 1986 (Pub. L. 99–

570); 42 U.S.C. 3535(d).

2. In § 15.1, the paragraph

designations (a) through (i) are removed,

and the definition for ‘‘Information

center’’ is revised to read as follows:

§ 15.1 Definitions.

* * * * *

Information center means library,

reading room, desk, or other facility, or

any combination of places established

and maintained by the Department,

where the public may request and

obtain information and records

concerning the Department’s operations

and business.

* * * * *

3. In § 15.13, paragraph (b) is revised

to read as follows:

§ 15.13 Records produced upon request

when reasonably described.

* * * * *

(b) When a request is made that

reasonably describes a record of the

Department that has been stored in a

record center of the National Archives

and Record Administration, this record

will be requested from the Records

Center by the Department and made

available to the requester if the record

would otherwise be available under this

part. Records accessioned by the

National Archives will not be made

available by the Department, but may be

requested directly from the National

Archives.

* * * * *

4. In § 15.14, paragraphs (a), (b), (c),

(e), and (f) are revised to read as follows:

§ 15.14 Fees.

(a) Copies of records. HUD will charge

$0.15 per page for photocopies of

documents. For copies prepared by

computer, HUD will charge the actual

cost of the tape or disk plus $25.00 per

minute for central processing unit (CPU)

time, so as to recoup reasonable direct

costs of duplicating. For other methods

of reproduction or duplication of

documents, HUD will charge the actual

direct costs of producing the

documents.

(b) Manual searches for records. HUD

will charge $16.35 per hour per person

for searches/reviews performed by

clerical staff, and $37.00 per hour per

person for searches/reviews performed

by professional staff. Charges for search/

review time will be billed in 1/2 hour

segments.

(c) Computer searches for records.

HUD will charge $35.00 per hour for

computer programming relating to a

search, plus $25.00 per minute for

central processing unit (CPU) time.

* * * * *

(e) Restrictions on assessing fees.

HUD will provide the first 100 pages of

duplication and the first two hours of

search time, manual or computer, free of

charge to noncommercial use requesters.

There is no charge to noncommercial

use requesters for time needed for

review, as defined in paragraph (g)(4) of

this section. Review time is chargeable

only to commercial use requesters. HUD

will only assess fees for amounts in

excess of $25.00.

(f) Payment of fees. Payment of fees

under this section and under § 15.16(a)

shall be made by check or money order,

payable to the Treasurer of the United

States. Cash payments may be made in

person at Headquarters or the Field

Offices. The fees shall be sent to the

Office of Executive Secretariat at

Headquarters or to the appropriate Field

Office.

* * * * *

5. In § 15.21, paragraph (a)(7) is

revised to read as follows:

§ 15.21 Exemptions authorized by 5 U.S.C.

552.

* * * * *

(a) * * *

(7) Records or information compiled

for law enforcement purposes, but only

to the extent that the production of such

law enforcement records or information:

(i) Could reasonably be expected to

interfere with enforcement proceedings;

(ii) Would deprive a person of a right

to a fair trial or an impartial

adjudication;

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy;

(iv) Could reasonably be expected to

disclose the identity of a confidential

source, including a state, local or foreign

agency or authority or any private

institution which furnished information

on a confidential basis, and, in the case

of a record or information compiled by

a criminal law enforcement authority in

the course of a criminal investigation or

by an agency conducting a lawful

national security intelligence

investigation, information furnished by

a confidential source;

(v) Would disclose techniques and

procedures for law enforcement

investigations or prosecutions, or would

disclose guidelines for law enforcement

investigations or prosecutions if such

disclosure could reasonably be expected

to risk circumvention of the law; or

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual.

* * * * *

6. In section 15.31, paragraphs (a) and

(b)(1) are revised and paragraph (b)(2) is

removed and reserved, to read as

follows:

§ 15.31 Information centers.

(a) The Department maintains an

information center as described in

§ 15.1(f) at Headquarters, 451 Seventh

Street SW., Washington, DC 20410.

(b) * * *

(1) In each of its Secretary

Representatives’ Offices, as follows:

New England, Boston Office—Room 375,

Thomas P. O’Neill, Jr. Federal Building, 10

Causeway Street, Boston, Massachusetts

02222–1092.

New York/New Jersey, New York Office—26

Federal Plaza, New York, New York

10278–0068.

Mid-Atlantic, Philadelphia Office—Liberty

Square Building, 105 South 7th Street,

Philadelphia, Pennsylvania 19106–3392.

Southeast/Caribbean, Atlanta Office—

Richard B. Russell Federal Building, 75

Spring Street, S.W., Atlanta, Georgia

30303–3388.

Midwest, Chicago Office—Ralph Metcalfe

Federal Building, 77 West Jackson

Boulevard, Chicago, Illinois 60604–3507.
11904 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

Southwest, Fort Worth Office—1600

Throckmorton, P.O. Box 2905, Fort Worth,

Texas 76113–2905.

Great Plains, Kansas City Office—Room 200,

Gateway Tower II, 400 State Avenue,

Kansas City, Kansas 66101–2406.

Rocky Mountain, Denver Office—633 17th

Street, Denver, Colorado 80202–3607.

Pacific/Hawaii, San Francisco Office—

Philip Burton Federal Building & U.S.

Courthouse, 450 Golden Gate Avenue, P.O.

Box 36003, San Francisco, California

94102–3448.

Northwest/Alaska, Seattle Office—Suite 200,

Seattle Federal Office Building, 909 First

Avenue, Seattle, Washington 98104–1000.

(2) [Reserved]

* * * * *

7. Section 15.32 is revised to read as

follows:

§ 15.32 Information officer and FOIA

liaisons.

There shall be an information officer

in Headquarters and a FOIA liaison in

each of the information centers

described in § 15.31(b), who shall be

responsible for making information and

records available to the public in

accordance with this part. The

information officer in Headquarters

shall be designated by the Director,

Office of the Executive Secretariat. The

FOIA liaisons in each Field Office shall

be designated by the Secretary’s

Representative, State Coordinator, or

Area Coordinator.

8. In § 15.33, paragraphs (a)

introductory text, (a)(6), (b), and (c) are

revised to read as follows:

§ 15.33 Material in department information

centers.

(a) The information center at

Headquarters shall contain or have

access to the following:

* * * * *

(6) Current indices of the foregoing

materials.

(b) The information center in each

Regional Office shall contain or have

access to such of the above records that

pertain to the activities of that office.

(c) Facilities shall be available in each

information center for the copying of

available records.

9. In § 15.41, paragraph (c) is revised

to read as follows:

§ 15.41 Requests for records.

* * * * *

(c) The request shall be accompanied

by an agreement to pay a fee to be

determined in accordance with § 15.14.

Under the circumstances enumerated in

§ 15.18, the Department may refuse to

furnish records before receipt of the

appropriate fee. A requester may specify

a limit for fees, above which the

requester is not willing to pay without

advance consultation with the

Department.

* * * * *

10. Section 15.42 is revised to read as

follows:

§ 15.42 Time limitations.

(a) Upon receipt of a request for

records, the appropriate office will

determine within ten working days

whether to comply with such requests.

The office will either agree to provide

the requested documents, or will notify

the requester, in writing, of an adverse

determination, the reasons therefor, and

the right to appeal the denial to the:

(1) General Counsel, with respect to a

denial issued by the Office of the

Executive Secretariat or by the offices in

which there is a Field Assistant General

Counsel; or

(2) Field Assistant General Counsel,

with respect to a denial issued by the

Field Offices.

(b) When a request for records is

misdirected by the requester, the office

receiving the request shall:

(1) Promptly refer it to the appropriate

office; and

(2) Advise the requester that the time

of receipt by the appropriate office will

be the time of receipt for processing

purposes.

(c) A determination by the General

Counsel or the Field Assistant General

Counsel with respect to an appeal under

§ 15.61 shall be made within 20 working

days after receipt of the appeal, and

shall be communicated to the appellant,

in writing.

(d) In unusual circumstances, the

General Counsel, or the appropriate

Field Assistant General Counsel, may

extend the time limits prescribed in

paragraphs (a) and (c) of this section, by

written notice to the requester setting

forth the reasons for the extension and

the date on which a determination is

expected to be dispatched. An extension

shall not exceed ten working days. As

used in this paragraph, unusual

circumstances means that there is a

need:

(1) To search for and collect the

requested records from field facilities or

other establishments that are separate

from the office processing the request;

(2) To search for, collect, and examine

appropriately a voluminous amount of

separate and distinct records that are

demanded in a single request; or

(3) 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

organizational units of the Department

having a substantial interest in the

subject matter of the request.

11. Section 15.51 is revised to read as

follows:

§ 15.51 Authority to release records or

copies.

The Office of the Executive Secretariat

in Headquarters and the FOIA liaisons

in each Field Office are authorized to

release copies of any Department

records upon written request unless

disclosure is clearly not appropriate

under this part.

12. Section 15.52 is revised to read as

follows:

§ 15.52 Authority to deny requests for

records.

The officers described in § 15.51, or

other official designated by the

Secretary’s Representative, may deny a

request for a record only with the

concurrence of the appropriate program

counsel in Headquarters or counsel in

the Field Offices. Any denial shall:

(a) Be made in writing, describing the

documents denied and, if fewer than 21,

listing them specifically;

(b) Contain a simple reason for the

denial, stating the appropriate

exemption used; and

(c) Advise of the right to appeal the

adverse determination, in accordance

with § 15.61, to the:

(1) General Counsel, with respect to a

denial issued by the Office of Executive

Secretariat or by offices in which there

is a Field Assistant General Counsel;

and

(2) Field Assistant General Counsel,

with respect to a denial issued by Field

Offices.

13. A new section 15.54 is added to

read as follows:

§ 15.54 Business information.

(a) In general. Business information

provided to the Department by a

submitter shall not be disclosed

pursuant to a FOIA request except in

accordance with this section.

(b) Definitions. As used in this

section:

Business information means

commercial or financial information

provided to the Department by a

submitter that arguably is protected

from disclosure under Exemption 4 (42

U.S.C. 552(b)(4)) of the Act.

Submitter means any person or entity

who provides business information,

directly or indirectly, to the Department.

The term includes, but is not limited to,

corporations, State governments, and

foreign governments.

(c) Designation of business

information. A submitter’s claim that

certain information is confidential or

proprietary should be supported by a

statement or certification by an officer
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11905

or authorized representative of the

submitter that the information is, in fact,

confidential or proprietary and has not

been disclosed to the public. All

information considered confidential or

proprietary by a submitter should be

clearly designated with a prominent

stamp, typed legend, or other suitable

form of notice, stating ‘‘Confidential

Treatment Requested by [insert name of

submitter]’’, which should appear on

each page or segregable portion of the

page. If such marking is impractical, a

cover sheet prominently marked

‘‘Confidential Treatment Requested by

[insert name of submitter]’’ should be

securely attached to the information for

which confidential treatment is

requested. These designations shall be

deemed to have expired 10 years after

the date of the submission, unless the

submitter requests, and provides

reasonable justification for, a longer

period of designation.

(d) Notice to submitter. To the extent

permitted by law, the Department shall

provide a submitter with prompt written

notice of a FOIA request or

administrative appeal encompassing its

business information, unless notice is

excused under paragraph (h) of this

section. Such notice shall afford the

submitter an opportunity to object to

disclosure pursuant to paragraph (f) of

this section. The notice shall either

describe the exact nature of the business

information requested or provide copies

of the records or portions thereof

containing the business information.

The Department will provide this notice

whenever:

(1) The information has been

designated in good faith by the

submitter as information deemed

protected under Exemption 4; or

(2) The Department has reason to

believe that the information may be

protected from disclosure under

Exemption 4.

(e) Notice to requester. At the same

time the Department notifies the

submitter, the Department shall also

notify the requester that the request is

subject to the provisions of this section

and that the submitter is being afforded

an opportunity to object to disclosure of

the information.

(f) Opportunity to object to disclosure.

Through the notice described in

paragraph (d) of this section, the

Department shall afford a submitter or

its designee 10 Federal working days to

provide the Department a detailed

written statement of the submitter’s

objection to disclosure of any portion of

the information it submitted to the

Department. Such statement shall

specify all grounds for withholding any

of the information and shall

demonstrate why the information is a

trade secret or commercial or financial

information that is privileged or

confidential. Conclusory statements that

particular information would be useful

to competitors or would impair sales, or

similar statements, generally will not be

considered sufficient to justify

confidential treatment. Information

provided by a submitter or its designee

pursuant to this paragraph may itself be

subject to disclosure under the FOIA.

(g) Notice of intent to disclose. The

Department shall consider carefully a

submitter’s objections and specific

grounds for nondisclosure, before

determining whether to disclose

business information. If the Department

decides to disclose business information

over the objection of a submitter, the

Department shall forward to both the

submitter and the requester a written

notice of intent to disclose. The written

notice shall be forwarded 10 Federal

working days before the specified

disclosure date and shall include:

(1) A statement of the reasons for

which the submitter’s disclosure

objections were not sustained;

(2) A description of the business

information to be disclosed; and

(3) A specified disclosure date.

(h) Exceptions to the notice

requirement. The notice requirements of

paragraphs (d) and (g) of this section

shall not apply if:

(1) The Department determines that

the information should not be disclosed;

(2) The information has been

published lawfully or has been made

available officially to the public;

(3) Disclosure of the information is

required by law (other than the Act);

(4) Disclosure of the information is

required by a departmental regulation

that:

(i) Was adopted pursuant to notice

and public comment;

(ii) Specifies narrow classes of records

submitted to the Department that are to

be released under the FOIA; and

(iii) Provides for notice in exceptional

circumstances when the submitter

provides, at the time the information is

submitted or a reasonable time

thereafter, written justification that

disclosure of the information could

reasonably be expected to cause

substantial competitive harm;

(5) The information requested was not

designated by the submitter as exempt

from disclosure in accordance with

paragraph (c) of this section at the time

of the submission of the information or

a reasonable time thereafter, unless the

Department has substantial reason to

believe that the disclosure of the

information would cause competitive

harm; or

(6) The designation made by the

submitter in accordance with paragraph

(c) of this section appears obviously

frivolous. In such circumstances, the

Department shall forward to the

submitter, 10 Federal working days

before a specified disclosure date,

written notice of any final

administrative decision to disclose

business information.

(i) Notice of FOIA lawsuit. Whenever

a requester brings suit seeking to compel

disclosure of business information, the

Department shall promptly notify the

submitter.

(j) Determination of confidentiality.

HUD will make no determination as to

the validity of any request for

confidentiality until a request for

disclosure of the information is

received.

(k) Current mailing address for the

submitter. Each submitter shall provide

to the Department:

(1) A mailing address for receipt of

any notices under this section; and

(2) Notice of any change of address.

(l) Treatment of confidential

information by HUD employees. (1)

HUD officers and employees shall not,

directly or indirectly, use or allow the

use of business information obtained

through or in connection with

Government employment that has not

been made available to the general

public.

(2) Except as otherwise provided in

this section, HUD officers and

employees may not disclose business

information, except to other HUD

officers or employees who are properly

entitled to such information for the

performance of their official duties.

14. Section 15.61 is revised to read as

follows:

§ 15.61 Administrative appeal.

(a) Appeal shall be available only

from a written denial of a request issued

under § 15.52, and only when the

appeal is filed within 30 days of

issuance of the denial. An appeal from

a denial issued by the Office of

Executive Secretariat or by offices in

which there is a Field Assistant General

Counsel must be mailed to the Assistant

General Counsel for Training and

Administrative Law, Room 10246, 451

Seventh Street, SW, Washington, DC,

20410. An appeal from a denial issued

by a Field Office must be mailed to the

appropriate Field Assistant General

Counsel. An appeal must include a copy

of the original request for records; a

copy of the written denial of access to

those records, and a statement of the

reasons, circumstances, or arguments

advanced in support of, or in opposition

to, disclosure of the records. The
11906 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

envelope containing the appeal should

be clearly marked as a Freedom of

Information Act appeal, so that the

Department can comply with the time

limitations set forth in § 15.42.

(b) When an appeal is misdirected by

the requester, the Office receiving the

appeal shall:

(1) Promptly refer it to the:

(i) Assistant General Counsel for

Training and Administrative Law, if the

denial was issued by the Office of

Executive Secretariat or by an office in

which there is a Field Assistant General

Counsel, or

(ii) Appropriate Field Assistant

General Counsel, if the denial was

issued by a Field Office; and

(2) Advise the appellant that the time

of receipt for processing purposes will

be the time the appeal is received by the

appropriate office.

(c) The appeal determination shall be

in writing; constitute final

administrative action by the

Department; and, if the denial is upheld

in full or in part, include notification of

the right to judicial review.

Dated: December 27, 1994.

Henry G. Cisneros,

Secretary.

[FR Doc. 95–5274 Filed 3–2–95; 8:45 am]

BILLING CODE 4210–32–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8585]

RIN 1545–AS00

Allocations Reflecting Built-in Gain or

Loss on Property Contributed to a

Partnership; Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to final regulations [TD

8585], which were published in the

Federal Register for Wednesday,

December 28, 1994 (59 FR 66724). The

final regulations relate to the remedial

allocation method with respect to

property contributed by a partner to a

partnership and to allocations with

respect to securities and similar

investments owned by a partnership.

EFFECTIVE DATE: December 28, 1994.

FOR FURTHER INFORMATION CONTACT:

Deborah Harrington at (202) 622–3050

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

section 704 of the Internal Revenue

Code.

Need for Correction

As published, the final regulations

contain typographical errors that are in

need of correction.

Correction of Publication

Accordingly, the publication of the

final regulations which is the subject of

FR Doc. 94–31435, is corrected as

follows:

§ 1.704–3 [Corrected]

1. On page 66729, column 1, § 1.704–

3, paragraph (d)(7), paragraph (iii) of

Example 1., line 1, in the paragraph

heading, the word ‘‘Years’’ is corrected

to read ‘‘years’’.

2. On page 66729, column 2, § 1.704–

3, paragraph (d)(7), paragraph (iii)(A) of

Example 1., line 1, the word

‘‘commended’’ is corrected to read

‘‘commented’’.

3. On page 66729, § 1.704–3,

paragraph (d)(7), paragraph (iii)(C) of

Example 1., line 3 of the table is

corrected as follows:

L M

Book Tax Book Tax

* * * * *

Remedial

allocations ..... ........ 1,500 ........ <1,500>

* * * * *

4. On page 66730, columns 1 and 2,

§ 1.704–3, paragraph (d)(7), paragraph

(iii)(A) of Example 3. is removed.

5. On page 66732, § 1.704–3,

paragraph (e)(3)(ix), paragraph (i) of

Example 1., line 5 from the top of

column 2, the language ‘‘+$5,000 (net

gain at end of Day 2)+’’ is corrected to

read ‘‘+$5,000 (net gain at end of Day

2)+’’.

6. On page 66732, column 2, § 1.704–

3, paragraph (e)(3)(ix), paragraph (iii) of

Example 1., 13th line, the language ‘‘tax

gain from the sale of Stock 2 and the

loss’’ is corrected to read ‘‘tax gain from

the sale of Stock 2 and the tax loss’’.

7. On page 66733, § 1.704–3,

paragraph (e)(3)(ix), paragraph (iii) of

Example 1., the second table on the

page, line 1 is corrected as follows:

Z

Book Tax

Reevaluation account

Opening

Balance ... $152,500 $152,500 0

* * * * *

8. On page 66733, § 1.704–3,

paragraph (e)(3)(ix), the second table in

paragraph (iii) of Example 2, the column

heading and line 1 are corrected as

follows:

X and Y

Book Tax

Reevaluation account

Opening

Balance ... $150,000 $150,000 0

* * * * *

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–5286 Filed 3–2–95; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[AG Order No. 1951–95]

Federal Bureau of Investigation;

General Functions

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

Department of Justice organization

regulations by adding a new function for

the Federal Bureau of Investigation

(FBI), that of carrying out the

responsibilities conferred upon the

Attorney General in Title I of the

Communications Assistance for Law

Enforcement Act. This rule will

accurately update the existing list of the

FBI’s delegated functions.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Telecommunications Industry Liaison

Unit (TILU), Engineering Section,

Information Resources Division, FBI;

telephone number 1–800–551–0336;

David F. Worthley, telephone: 703–630–

6242.

SUPPLEMENTARY INFORMATION: On

October 25, 1994, the President signed