Departmental Offices; Disclosure of Records: Freedom of Information Act

SUMMARY: The Department of the Treasury is revising and updating its

regulations on the disclosure of records under the Freedom of

Information Act (FOIA). These regulations incorporate 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.

DATES: Comments must be received no later than July 6, 1999.

ADDRESSES: Comments may be submitted to: Alana Johnson, Departmental

Disclosure Officer, Department of the Treasury, 1500 Pennsylvania Ave.,

NW., Washington, DC 20220.

FOR FURTHER INFORMATION CONTACT: Alana Johnson, Departmental Disclosure

Officer, Department of the Treasury, 1500 Pennsylvania Avenue, NW.,

Washington, DC 20220. Telephone: (202) 622-0930.

SUPPLEMENTARY INFORMATION: This part includes provisions for processing

requests for records maintained in electronic format, and for making

certain records and information available by computer

telecommunications (Internet). It also includes provisions pertaining

to requests for expedited processing; unusual circumstances; and

multitrack processing. Numerous editorial changes have been made to

provide clarity, eliminate redundancy, and reflect organizational and

procedural changes to the FOIA request process at the Department of the

Treasury.

The former United States Savings Bond Division is now part of the

Bureau of the Public Debt. Therefore, Appendix K of Subpart A has been

deleted.

The Department has determined that this document is not a

significant regulatory action for purposes of E.O. 12866. Because this

document incorporates new statutory requirements 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, an initial 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 April 27, 1999.

Nancy Killefer,

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 of Title 31 of the Code of

Federal Regulations is amended 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. 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:

(1) The Departmental Offices, which include the offices of:

(i) The Secretary of the Treasury, including immediate staff;

(ii) The Deputy Secretary of the Treasury, including immediate

staff;

(iii) The Chief of Staff, including immediate staff;

(iv) The Executive Secretary and all offices reporting to such

official, including immediate staff;

(v) The Under Secretary of the Treasury for International Affairs

and all offices reporting to such official, including immediate staff;

(vi) The Under Secretary of the Treasury for Domestic Finance and

all offices reporting to such official, including immediate staff;

(vii) The Under Secretary for Enforcement and all offices reporting

to such official, including immediate staff;

(viii) The Assistant Secretary of the Treasury for Financial

Institutions and all offices reporting to such official, including

immediate staff;

(ix) The Assistant Secretary of the Treasury for Economic Policy

and all offices reporting to such official, including immediate staff;

(x) The Fiscal Assistant Secretary and all offices reporting to

such official, including immediate staff;

(xi) The General Counsel and all offices reporting to such

official, including immediate staff; except legal counsel to the

components listed in paragraphs (a)(1)(xvii) and (a)(2) through (12) of

this section;

(xii) The Inspector General and all offices reporting to such

official, including immediate staff;

(xiii) The Assistant Secretary of the Treasury for International

Affairs and all offices reporting to such official, including immediate

staff;

(xiv) The Assistant Secretary of the Treasury for Legislative

Affairs and Public Liaison and all offices reporting to such official,

including immediate staff;

(xv) The Assistant Secretary of the Treasury for Management and

Chief Financial Officer and all offices

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reporting to such official, including immediate staff;

(xvi) The Assistant Secretary of the Treasury for Public Affairs

and all offices reporting to such official, including immediate staff;

(xvii) The Assistant Secretary of the Treasury for Tax Policy and

all offices reporting to such official, including immediate staff;

(xviii) The Treasurer of the United States, including immediate

staff;

(xix) The Treasury Inspector General for Tax Administration and all

offices reporting to such official, including immediate staff.

(2) The Bureau of Alcohol, Tobacco and Firearms.

(3) The Office of the Comptroller of the Currency.

(4) The United States Customs Service.

(5) The Bureau of Engraving and Printing.

(6) The Federal Law Enforcement Training Center.

(7) The Financial Management Service.

(8) The Internal Revenue Service.

(9) The United States Mint.

(10) The Bureau of the Public Debt.

(11) The United States Secret Service.

(12) The Office of Thrift Supervision.

For purposes of this subpart, the office of the legal counsel for

the components listed in paragraphs (a)(2) through (12) 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

above, shall be deemed a part of the Departmental Offices for the

purpose of making requests for records under these regulations.

(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;

[[Page 24456]]

(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;

(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, 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 existing 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, computer disk (CD), tape, or other electronic

medium using equipment currently in use by the office

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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 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.

(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 by writing 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.ustreas.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

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possessing the record, the bureau having custody of the record shall

refer the record to the originating agency or 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 acknowledgement 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

[[Page 24459]]

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 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;

[[Page 24460]]

(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

(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 paragraph

(h) or (i), 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

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 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

[[Page 24461]]

decision to release the requested information has been mailed to the

submitter. Except as otherwise 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

[[Page 24462]]

payment of FOIA fees. The requester shall also be given an opportunity

to 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

paragraph (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, 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 24463]]

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, P.O. Box 795, Ben Franklin

Station, Washington, DC 20044

Walk-in Address

Room 1621, 1111 Constitution Avenue, NW., Washington, D.C.

Northeast Region

Mailing Address

Freedom of Information Reading Room, P.O. 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 determinations 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, P. O. Box 929, Washington, D.C. 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, D.C. 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

Baltimore--SAC

40 South Gay Street, 3rd Floor, Baltimore, Maryland 21202, Phone

(410) 962-2620, FAX (410) 962-3469

Boston--SAC ,

10 Causeway Street, Room 722, Boston, MA 02222-1054, Phone (617)

565-7400, FAX (617) 565-7422

Buffalo--SAC

111 West Huron Street, 416, Burralo, New York 14202, Phone (716)

551-4375, FAX (716) 551-4379

Chicago--SAC

610 South Canal Street, Room 1001, Chicago, Illinois 60607, Phone

(312) 353-8450, FAX (312) 353-8455

Denver--SAC

115 Inverness Drive, East, Suite 300, Englewood, CO 80112-5131,

Phone (303) 784-6480, FAX (303) 784-6490

Detroit--SAC

McNamara Federal Building, 477 Michigan Avenue, Room 350, Detroit,

Michigan 48226-2568, Phone (313) 226-3166, FAX (313) 226-6282

El Paso--SAC

9400 Viscount Blvd., Suite 200, El Paso, Texas 79925, Phone (915)

540-5700, FAX (915) 540-5754

Houston--SAC

4141 N. Sam Houston Pkwy, E., Houston, Texas 77032, Phone (281) 985-

0500, FAX (281) 985-0505

Los Angeles--SAC

300 South Ferry St., Room 2037, Terminal Island, CA 90731, Phone

(310) 514-6231, FAX (310) 514-6280

Miami--SAC

8075 NW 53rd Street, Scranton Building, Miami, Florida 33166, Phone

(305) 597-6030, FAX (305) 597-6227

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 Antonio--SAC

10127 Morocco, Suite 180, San Antonio, Texas 78216, Phone (210) 229-

4561, FAX (210) 229-4582

San Diego--SAC

185 West ``F'' Street, Suite 600, San Diego, CA 92101, Phone (619)

557-6850, FAX (619) 557-5109

San Francisco--SAC

1700 Montgomery Street, Suite 445, San Francisco, CA 94111, Phone

(415) 705-40701, FAX (415) 705-4065

San Juan--SAC

#1, La Puntilla Street, Room 110, San Juan, PR 00901, Phone (787)

729-6975, FAX (787) 729-6646

Seattle--SAC

1000-2nd Avenue, Suite 2300, Seattle, Washington, 98104, Phone (206)

553-7531, FAX (206) 553-0826

Tampa--SAC

2203 North Lois Avenue, Suite 600, Tampa, Florida 33607, Phone (813)

348-1881, FAX (813) 348-1871

[[Page 24464]]

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: P.O. 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: P.O. 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), and all such appeals should be mailed, faxed (202/482-

6943) 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, D.C. 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, D.C. 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, D.C. 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, D.C. 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 24465]]

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,

D.C. 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, S.W., Room 119-M, Washington, D.C.

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, D.C. 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, D.C. 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, D.C. 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, D.C.

20227.

Appeals may be delivered personally to the Office of the

Commissioner, Financial Management Service, 401 14th Street, SW.,

Washington, D.C.

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, D.C. 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, N.W., Washington, D.C. 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, D.C.

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, D.C. 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,

D.C. 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, N.W., Room 553, 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 553, Washington, D.C. 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 503, 999 E

Street, NW., Washington, D.C. 20239-0001, or Bureau of the Public

Debt, Hintgen Building, Room 119, 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, D.C. 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, D.C. 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, D.C. 20219.

Appeals may be delivered personally to the Communications

Division, Comptroller of the Currency, 250 E Street, SW, Washington,

D.C.

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, D.C. 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 24466]]

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, P.O. 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. 99-11126 Filed 5-5-99; 8:45 am]

BILLING CODE 4810-25-P