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FOIA

 Federal Register / Vol. 65, No. 127 Rules and Regulations

[Federal Register: June 30, 2000 (Volume 65, Number 127)]
[Rules and Regulations]               
[Page 40503-40516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn00-8]                         
 
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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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 multi-track 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
 
[Page 40504]
 
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 multi-track 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 Sec. 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 Sec. 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
 
 
Sec. 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;
 
[[Page 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.
 
 
Sec. 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 Sec. 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 Sec. 1.4); and
    (3) Information required to be made available to any member of the 
public upon specific request (see Sec. 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.
 
 
Sec. 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;
 
[Page 40506]
 
    (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.
 
 
Sec. 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 
Sec. 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 Sec. 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.
 
 
Sec. 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
 
[[Page 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 Sec. 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 Sec. 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 Sec. 1.7(d) 
and provides supporting information to be measured against the fee 
waiver standard set forth in Sec. 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
 
[Page 40508]
 
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
 
[[Page 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 Sec. 1.7. Fees may be charged for search and review time 
as stated in Sec. 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 Sec. 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 Sec. 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
 
[Page 40510]
 
    (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 Sec. 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.
 
 
Sec. 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
 
[[Page 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).
 
 
Sec. 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 Sec. 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 Sec. 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 Sec. 1.5(b)(2) and provided in Sec. 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
 
[Page 40512]
 
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 8\1/2\  x  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 
Sec. 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 Sec. 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.
 
[[Page 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
 
[Page 40514] 

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, [[Page 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. [Page 40516] 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
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