[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Proposed Rules]
[Pages 16740-16752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6783]



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Part IV





Department of Labor





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Office of the Secretary



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29 CFR Part 70



Revision of the Department of Labor Freedom of Information Act 
Regulations and Implementation of Electronic Freedom of Information Act 
Amendments of 1996; Proposed Rule

  Federal Register / Vol. 69, No. 61 / Tuesday, March 30, 2004 / 
Proposed Rules  

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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 70

RIN 1290-AA17


Revision of the Department of Labor Freedom of Information Act 
Regulations and Implementation of Electronic Freedom of Information Act 
Amendments of 1996

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document sets forth proposed revisions of the 
Department's procedural regulations under the Freedom of Information 
Act (FOIA). These proposed revisions are not intended to change any 
rights under the FOIA. The proposed regulations are intended as a 
routine updating of the Department's procedures--to streamline the 
existing procedures based on experience, to reflect certain changes in 
the procedural requirements of the FOIA since the current regulations 
were issued, and to make the Department's procedures easier for the 
public to understand.

DATES: Comments must be received on or before May 14, 2004.

ADDRESSES: Comments should be mailed to Robert A. Shapiro, Associate 
Solicitor for Legislation and Legal Counsel, 200 Constitution Avenue, 
NW., Room N-2428, Washington, DC 20210. Alternatively, comments can be 
faxed to 202-693-5539, or sent by e-mail to [email protected]. All comments should be clearly identified as such.

FOR FURTHER INFORMATION CONTACT: Miriam McD. Miller, Co-Counsel for 
Administrative Law, telephone (202) 693-5522.

SUPPLEMENTARY INFORMATION: These comprehensive revisions of Part 70 
incorporate changes to the language and structure of the regulations. A 
number of provisions have been revised, and in some cases reorganized, 
in order to clarify how the Department implements the procedural 
requirements of the FOIA.
    These proposed revisions are not intended to change any rights 
under the FOIA. The proposed regulations are intended only as a routine 
updating of the Department's procedures--to streamline the existing 
procedures based on experience, to reflect certain changes in the 
procedural requirements of the FOIA since the current regulations were 
issued, and to make the Department's procedures easier for the public 
to understand.
    The proposed regulations would add new provisions to explicitly 
implement the Electronic Freedom of Information Act Amendments of 1996 
(Pub. L. 104-231). The Department has been operating in compliance with 
the amendments, and based on its experience is now proposing to update 
the regulations to reflect these changes in the law. New provisions 
implementing the amendments are found at Sec.  70.4(d)(2) (electronic 
reading rooms); Sec.  70.21(a) (format of disclosure); Sec.  
70.21(b)(3) (deletion marking and volume estimation); Sec.  70.25 
(timing of responses); and Sec.  70.38(d) (electronic searches).
    The Department presumes that since the E-FOIA amendments have been 
operative now for several years, most of those interested in commenting 
on the Department's implementation of those provisions will be familiar 
with the subject. However, those interested in consulting additional 
resources on any of the procedural requirements of the FOIA, and the E-
FOIA amendments in particular, can readily find detailed information at 
the U.S. Department of Justice Web site. For example, a copy of the 
FOIA can be located at http://www.usdoj.gov/04foia/foiastat.htm; the 
current (May 2002) edition of the Department of Justice FOIA Reference 
Guide can be located at http://www.usdoj.gov/oip/foi-act.htm; and 
specific information about the E-FOIA amendments of 1996 can be located 
at http://www.usdoj.gov/oip/foia_updates/Vol_XVII_4/page1.htm.
    The proposed regulations would also update the Department's fee 
schedule. Proposed revisions of the Department's fee schedule can be 
found at Sec. Sec.  70.40(d)(1) and (3). The duplication charge will 
remain the same at fifteen cents per page, while document search and 
review charges will increase to $5.00 and $10.00 per quarter hour for 
clerical and professional or supervisory time, respectively. The amount 
at or below which the Department will not charge a fee will increase 
from $5.00 to $15.00 at Sec.  70.43(a). The proposed regulations would 
also clarify the application of fees with respect to administrative 
appeals.
    The proposed regulations would allow for the submission of e-mail 
FOIA requests to the Department. The regulations will create one e-mail 
address where all FOIA e-mail requests must be directed. Requests 
submitted to any other e-mail address will not be accepted. Sec.  
70.19(b).

Regulatory Flexibility Act

    The Secretary of Labor, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 601-612) has reviewed this proposed 
regulation and has certified to the Chief Counsel for Advocacy of the 
Small Business Administration that it will not have a significant 
economic impact on a substantial number of small entities.
    The Department of Labor makes a tremendous amount of public 
information readily available to small entities on its Web site 
pursuant to the FOIA and other public disclosure requirements, and is 
committed to expanding this resource to assist small businesses and 
other members of the public. In this regard, the Department, consistent 
with the E-FOIA amendments, now maintains an electronic reading room. 
This electronic reading room provides ready access to many materials of 
interest to small entities that were previously available only at 
selected physical sites around the country--e.g., administrative staff 
manuals used by the Department. In addition, the Department makes ``hot 
FOIAs'' available to the public on this Web site pursuant to the 
requirements of the law. The Department has established a direct link 
on the Home page of its Web site http://www.dol.gov/dol/foia/main.htm 
to its FOIA resources. In addition to the information in the electronic 
reading room, a copy of the statute, the Department's procedural 
regulations, up-to-date information about DOL disclosure officers, 
links to Department of Justice resources, and a variety of other useful 
information can be found on this site.
    Small entities, like any other individual or entity, may request 
information in the Department's files that has not been generally made 
available to the public. One of the major purposes of revising the 
Department's FOIA regulations is to make it simpler for small entities 
and others to understand where and how to seek information from the 
Department, and to ensure that they receive disclosable information 
(and an appropriate explanation of why any information has been deemed 
non-disclosable) in a timely way. Like other requesters, small entities 
seeking information, must in some cases pay fees. The FOIA establishes 
a fee structure to cover the direct costs of the government in 
searching for, reviewing, and duplicating requested records. The 
Department's proposed regulations are fully consistent with these 
requirements. For example, consistent with the statute, the regulations 
provide

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that no fees will be charged in specified circumstances, establish 
uniform fees to cover the time expended by professional and clerical 
employees, and include provisions for fee waivers. Moreover, in fully 
implementing the provisions of the E-FOIA Act, the proposed regulations 
will ensure that small entities have the opportunity to obtain 
information in the format of their choice (including electronic 
formats) when it is feasible for the Department to produce the 
information in the requested manner.

Executive Order 12866

    This proposed rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. This 
Department and the Office of Management and Budget have determined that 
this proposed rule is not a ``significant regulatory action'' under 
Executive Order 12866, section 3(f), Regulatory Planning and Review. 
Accordingly, there is no requirement for an assessment of potential 
costs and benefits under section 6(a)(3) of that order, nor has the 
rule been reviewed by the Office of Management and Budget.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments or by the private sector, in the aggregate, of 
$100,000,000 or more in any one-year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Federalism

    The Department has reviewed this proposed rule in accordance with 
Executive Order 13132 regarding federalism, and has determined that it 
does not have ``federalism implications.'' The proposed rule will not 
``have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.''

Paperwork Reduction Act

    The Department has reviewed the proposed rules with reference to 
the Paperwork Reduction Act and has concluded that they do not involve 
any ``collection of information'' within the requirements of the Act.
    These proposed regulations would not require any person to fill out 
a form or otherwise provide specific information (other than self-
identification and appropriate certifications) to the Department in 
order to make a FOIA request or administrative appeal for records. 
Pursuant to regulations of the Office of Management and Budget 
implementing the Paperwork Reduction Act, affidavits, oaths, 
affirmations, certifications, receipts, changes of address, consents or 
acknowledgments are not ``information collections'' under the law (5 
CFR 1320.3(h)(1)).
    Consistent with the FOIA, the proposed regulations require those 
seeking fee waivers to address certain specific requirements set forth 
by the law; and consistent with the law and Executive Order 12600, the 
proposed regulations require submitters of information who wish to 
protect that information to address certain specific requirements 
toward that end. In order to ensure consistency in its treatment of 
requesters and information submitters in this regard, the components of 
the Department are encouraged to use standard form letters when 
soliciting information they need to make determinations on these 
points. However, each such letter addresses a different factual 
situation and ordinarily is tailored to the situation at issue in the 
specific case. Pursuant to regulations of the Office of Management and 
Budget implementing the Paperwork Reduction Act, facts or opinions 
requested from a single person are not ``information collections'' 
under the law (5 CFR 1320.3(h)(6)).

List of Subjects in 29 CFR Part 70

    Administrative practice and procedure, Freedom of Information.

    For the reasons stated in the preamble, the Department of Labor 
proposes to revise 29 CFR Part 70, as follows:

PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

Subpart A--General
Sec.
70.1 Purpose and scope.
70.2 Definitions.
70.3 Policy.
70.4 Public reading rooms.
70.5 Compilation of new records.
70.6 Disclosure of originals.
70.7-70.18 [Reserved]
Subpart B--Procedures for Disclosure of Records Under the Freedom of 
Information Act
70.19 Requests for records.
70.20 Responsibility for responding to requests.
70.21 Form and content of responses.
70.22 Appeals from denial of requests.
70.23 Action on appeals.
70.24 Form and content of action on appeals.
70.25 Time limits and order in which requests must be processed.
70.26 Business information.
70.27 Preservation of records.
70.28-70.37 [Reserved]
Subpart C--Costs for Production of Records
70.38 Definitions.
70.39 Statutes specifically providing for setting of fees.
70.40 Charges assessed for the production of records.
70.41 Reduction or waiver of fees.
70.42 Consent to pay fees.
70.43 Payment of fees.
70.44 Other rights and services.
70.45-70.52 [Reserved]
Subpart D--Public Records and Filings
70.53 Office of Labor-Management Standards.
70.54 Employee Benefits Security Administration.

Appendix A to Part 70--Disclosure Officers

    Authority: 5 U.S.C. 301, 5 U.S.C. 552, as amended; 
Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix; E.O. 12600, 52 
FR 23781, 3 CFR, 1988 Comp., p. 235.

Subpart A--General


Sec.  70.1  Purpose and scope.

    This part contains the regulations of the Department of Labor 
implementing the Freedom of Information Act (FOIA), as amended, 5 
U.S.C. 552 and Executive Order 12600. It also implements the public 
information provisions of the Labor-Management Reporting and Disclosure 
Act (LMRDA), 29 U.S.C. 435, the Employee Retirement Income Security Act 
of 1974 (ERISA), 29 U.S.C. 1026 (section 106), and the Federal Advisory 
Committee Act (FACA), 5 U.S.C. app. 11. Subpart A contains general 
information about Department of Labor policies and procedures;

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subpart B sets forth the procedures for obtaining access to records of 
the Department; subpart C contains the Department's regulations on 
fees; and subpart D sets forth the procedures for obtaining access to 
certain public records. Appendix A contains a list of all Department of 
Labor disclosure officers from whom records may be obtained.


Sec.  70.2  Definitions.

    As used in this part:
    (a) The terms agency, person, party, rule, order, and adjudication 
have the meaning attributed to these terms by the definitions in 5 
U.S.C. 551.
    (b) Component means each separate bureau, office, board, division, 
commission, service or administration of the Department of Labor.
    (c) Disclosure officer means an official of a component who has 
authority to disclose or withhold records under the FOIA and to whom 
requests to inspect or copy records in his/her custody should be 
addressed. Department of Labor disclosure officers are listed in 
appendix A to this part.
    (d) The Secretary means the Secretary of Labor.
    (e) The Department means the Department of Labor.
    (f) Request means any written request for records made pursuant to 
5 U.S.C. 552(a)(3) and which meets the requirements of this part.
    (g) Requester means any person who makes a request.
    (h) Record means information in any format, including electronic 
format.
    (i) Search means to seek, manually or by automated means, 
Department records for the purpose of locating records in response to a 
request.
    (j) Business information means commercial or financial information 
received or obtained by the Department from a submitter, directly or 
indirectly, that arguably may be protected from disclosure under 
Exemption 4 of the FOIA.
    (k) Submitter means any person or entity from whom the Department 
receives or obtains commercial or financial information, directly or 
indirectly. The term submitter includes, but is not limited to 
corporations, labor organizations, non-profit organizations, local, 
state, tribal and foreign governments.


Sec.  70.3  Policy.

    All agency records, except those exempt from mandatory disclosure 
by one or more provisions of 5 U.S.C. 552(b), will be made promptly 
available to any person submitting a written request in accordance with 
the procedures of this part.


Sec.  70.4  Public reading rooms.

    (a) To the extent required by 5 U.S.C. 552(a)(2), each component 
within the Department will make the materials listed in this section 
available for public inspection and copying (unless they are published 
and copies are offered for sale):
    (1) Final opinions, including concurring and dissenting opinions, 
as well as orders, made in the adjudication of cases;
    (2) Those statements of policy and interpretation which have been 
adopted by the agency and are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public except to the extent that such records or 
portions thereof are exempt from disclosure under section 552(b) of the 
FOIA; and
    (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, because 
of the nature of their subject matter, the agency determines have 
become or are likely to become the subject of subsequent requests for 
substantially the same records.
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Each component of the Department will maintain and make 
available, including through the Department's Internet/World Wide-Web 
site (http://www.dol.gov), current indexes providing identifying 
information regarding any matter issued, adopted or promulgated after 
July 4, 1967, and required by paragraph (a) of this section to be made 
available or published. Each component will publish and make available 
for distribution copies of such indexes and their supplements at least 
quarterly, unless it determines by Notice published in the Federal 
Register that publication would be unnecessary and impracticable. After 
issuance of such Notice, the component will provide copies of any index 
upon request at a cost not to exceed the direct cost of duplication.
    (c) A component may exclude information from records made available 
to the public pursuant to paragraphs (a)(1), (a)(2) and (a)(3) of this 
section where release of such information would constitute a clearly 
unwarranted invasion of privacy and may also exclude identifying 
details from records made available to the public pursuant to paragraph 
(a)(4) of this section when disclosure would be harmful to an interest 
protected by an exemption. When making a deletion for such purposes, 
the component will explain the reason for the deletion. Also, a 
component will describe the extent of the deletion and must, if 
technically feasible, identify the exact location where the deletion 
was made.
    (d) Records described in this section are available for examination 
or copying without the submission of a formal FOIA request. All records 
covered by this section are available through public reading rooms, 
and, to the extent indicated in this paragraph (d), through the 
Department's Internet/World Wide-Web site (http://www.dol.gov).
    (1) Some components have public reading rooms only in Washington, 
DC, while other components provide reading rooms in area, district or 
regional offices throughout the United States. A disclosure officer in 
the appropriate component listed in appendix A to this part should be 
contacted to find out where the public reading room is located. If the 
appropriate component is unknown, inquiries can be directed to the 
Office of the Solicitor, Division of Legislation and Legal Counsel, 200 
Constitution Avenue, NW., Room N2428, Washington, DC 20210. Fees for 
reproduction of records in public reading rooms are charged consistent 
with Sec.  70.40.
    (2) To the extent feasible, components are required to place copies 
of any records covered by this section and which were created on or 
after November 1, 1996 on the Internet/World-Wide Web. In particular, 
when records are required to be made available to the public pursuant 
to the requirements of paragraph (a)(4) of this section, the component 
will also place on the Internet/World-Wide Web, if technically 
feasible, any records that are released in the response to a FOIA 
decision. The Department's Internet home page may be searched to obtain 
these documents. The Department will make available to the public by 
electronic or other appropriate media any documents covered by this 
section that cannot be feasibly placed on the Internet/World-Wide Web.


Sec.  70.5  Compilation of new records.

    Nothing in 5 U.S.C. 552 or this part requires that any agency or 
component create a new record in order to respond to a request for 
records. A component must, however, make reasonable efforts to search 
for records that already exist in electronic form or format, except 
when such efforts would significantly interfere with the operation of 
the component's automated information systems. The component will 
determine

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what constitutes a reasonable effort on a case-by-case basis.


Sec.  70.6  Disclosure of originals.

    (a) No original record or file in the custody of the Department of 
Labor, or of any component or official thereof, will on any occasion be 
given to any agent, attorney, or other person not officially connected 
with the Department without the written consent of the Secretary, the 
Solicitor of Labor or the Inspector General.
    (b) The individual authorizing the release of the original record 
or file must ensure that a copy of the document or file is retained in 
the component that had custody and/or control when an original document 
or file is released pursuant to this subpart.


Sec. Sec.  70.7-70.18  [Reserved]

Subpart B--Procedures for Disclosure of Records Under the Freedom 
of Information Act


Sec.  70.19  Requests for records.

    (a) How to make a request. Requests under this subpart for a record 
of the Department of Labor must be written and received by mail, 
delivery service/courier, facsimile or e-mail.
    (b) To whom to direct requests. A request should be sent to the 
appropriate official/officer for the component that maintains the 
records at its proper address. The request as well as the envelope 
itself should be clearly marked ``Freedom of Information Act Request.'' 
If the request is made by e-mail, it must be sent to 
[email protected]. Requests submitted to any other e-mail address 
will not be accepted as a request made under this part.
    (1) The functions of each major Department of Labor component are 
summarized in the United States Government Manual which is issued 
annually. The manual is available in print from the Superintendent of 
Documents, Washington, DC 20402-9328, and electronically at the 
Government Printing Office's World Wide-Web site, www.access.gpo.gov/su_docs. Appendix A of this part lists the disclosure officers of each 
component by title and address. This initial list has been included for 
information purposes only, and the disclosure officers may be changed 
through appropriate designation. Regional, district and field office 
addresses have been included in appendix A to this part to assist 
requesters in identifying the disclosure officer who is most likely to 
have custody of the records sought.
    (2) Requesters who cannot determine the proper disclosure officer 
to which the request should be addressed, may direct the request to the 
Office of the Solicitor, Division of Legislation and Legal Counsel, 200 
Constitution Avenue, NW., Room N2428, Washington, DC 20210 or by e-mail 
to [email protected]. Note, pursuant to Sec.  70.25(a), the time for 
the component to respond to a request begins to run when the request is 
received by the proper disclosure officer.
    (c) Description of information requested. Each request must 
reasonably describe the record or records sought. The descriptions must 
be sufficiently detailed to permit the identification and location of 
the requested records with a reasonable amount of effort. So far as 
practicable, the request should specify the subject of the record, the 
date or approximate date when made, the place where made, the person or 
office that created it, and any other pertinent identifying details.
    (d) Deficient descriptions. If the description is insufficient, so 
that a knowledgeable employee who is familiar with the subject area of 
the request cannot locate the record with a reasonable amount of 
effort, the component processing the request should notify the 
requester and describe what additional information is needed to process 
the request. Every reasonable effort will be made to assist a requester 
in the identification and location of the record or records sought. Any 
amended request must be confirmed in writing and meet the requirements 
for a request under this part.
    (e) Agreement to pay fees. The filing of a request under this 
subpart will be deemed to constitute an agreement by the requester to 
pay all applicable fees charged under this part, up to $25.


Sec.  70.20  Responsibility for responding to requests.

    (a) In general. Except as stated in paragraph (b) of this section, 
the disclosure officer who receives a request for a record and has 
possession of that record is the disclosure officer responsible for 
responding to the request. If requested by component heads, the Co-
Counsel for Administrative Law will provide a coordinated response on 
behalf of the Department to any initial FOIA request.
    (b) Consultations and referrals. When a disclosure officer receives 
a request for a record, the disclosure officer will determine whether 
another disclosure officer of the component, the Department, or of the 
Federal Government, is better able to determine whether the record can 
be disclosed or is exempt from disclosure under the FOIA. If the 
receiving disclosure officer determines that he or she is not best able 
to process the record, then the receiving disclosure officer will 
either:
    (1) Respond to the request after consulting with the component or 
agency best able to determine whether to disclose it and with any other 
component or agency that has a substantial interest in it; or
    (2) Refer the responsibility for responding to the request 
regarding that record to the component best able to determine whether 
to disclose it, or to another agency that originated the record (but 
only if that entity is subject to the FOIA). Ordinarily, the component 
or agency that originated the record will be presumed to be best able 
to determine whether to disclose it.
    (c) Notice of referral. Whenever a disclosure officer refers all or 
any part of the responsibility for responding to a request to another 
component or agency, the disclosure officer will notify the requester 
of the referral and inform the requester of the name of each component 
or agency to which the request has been referred.
    (d) Classified records. Any request for classified records which 
are in the custody of the Department of Labor will be referred to the 
classifying agency under paragraphs (b) and (c) of this section.


Sec.  70.21  Form and content of responses.

    (a) Form of notice granting a request. (1) After a disclosure 
officer has made a determination to grant a request in whole or in 
part, the disclosure officer will notify the requester in writing. The 
notice will describe the manner in which the record will be disclosed. 
The disclosure officer will provide the record in the form or format 
requested if the record is readily reproducible in that form or format, 
provided the requester has agreed to pay and/or has paid any fees 
required by Subpart C of this part. The disclosure officer will 
determine on a case-by-case basis what constitutes a readily 
reproducible format. Each component should make reasonable efforts to 
maintain its records in commonly reproducible forms or formats.
    (2) Alternatively, a disclosure officer may make a copy of the 
releasable portions of the record available to the requester for 
inspection at a reasonable time and place. The procedure for such an 
inspection will not unreasonably disrupt the operations of the 
component.
    (b) Form of notice denying a request. A disclosure officer denying 
a request in whole or in part must notify the

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requester in writing. The notice must be signed by the disclosure 
officer and will include:
    (1) The name and title or position of the disclosure officer.
    (2) A brief statement of the reason or reasons for the denial, 
including the FOIA exemption or exemptions relied upon in denying the 
request.
    (3) An estimate of the volume of records of information withheld, 
in number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption.
    (4) A statement that the denial may be appealed under Sec.  70.22 
and a description of the requirements of that section.
    (c) Record cannot be located or has been destroyed. If a requested 
record cannot be located from the information supplied, or it is known 
or believed to have been destroyed or otherwise disposed of, the 
disclosure officer will so notify the requester in writing and this 
determination may be appealed as described in Sec.  70.22.
    (d) Date for determining responsive records. When responding to a 
request, a component will ordinarily include only those records 
existing as of the date the component begins its search for them. If 
any other date is used, the component will inform the requester of that 
date.


Sec.  70.22  Appeals from denial of requests.

    (a) When a request for access to records has been denied in whole 
or in part; where a requester disputes a determination that records 
cannot be located or have been destroyed; where a requester disputes a 
determination by a disclosure officer concerning the assessment or 
waiver of fees; or when a component fails to respond to a request 
within the time limits set forth in the FOIA, the requester may appeal 
to the Solicitor of Labor. The appeal must be filed within 90 days of 
the date of the action being appealed.
    (b) The appeal will state in writing, the grounds for appeal, and 
it may include any supporting statements or arguments, but such 
statements are not required. In order to facilitate processing of the 
appeal, the appeal should include the appellant's mailing address and 
daytime telephone number, as well as copies of the initial request and 
the disclosure officer's response. The envelope and the letter of 
appeal should be clearly marked: ``Freedom of Information Act Appeal.'' 
Any amendment to the appeal must be in writing and received prior to a 
decision on the appeal.
    (c) The appeal should be addressed to the Solicitor of Labor, 
Division of Legislation and Legal Counsel, U.S. Department of Labor, 
200 Constitution Avenue NW., Room N-2428, Washington, DC 20210.


Sec.  70.23  Action on appeals.

    The Solicitor of Labor, or designee, will review the appellant's 
appeal and make a determination de novo whether the action of the 
disclosure officer was proper and in accordance with the applicable 
law.


Sec.  70.24  Form and content of action on appeals.

    The disposition of an appeal will be issued by the Solicitor of 
Labor or designee in writing. A decision affirming, in whole or in 
part, the decision below will include a brief statement of the reason 
or reasons for the affirmance, including the FOIA exemption or 
exemptions relied upon, and its relation to each record withheld, and 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 maintains his or her principal place of business, the 
judicial district in which the requested records are located, or the 
District of Columbia. If it is determined on appeal that a record 
should be disclosed, the record should be provided in accordance with 
the decision on appeal. If it is determined that records should be 
denied in whole or in part, the appeal determination will include an 
estimate of the volume or records of information withheld, in number of 
pages or in some other reasonable form of estimation. This estimate 
does not need to be provided if the volume is otherwise indicated 
through deletions on records disclosed in part, or if providing an 
estimate would harm an interest protected by an applicable exemption.


Sec.  70.25  Time limits and order in which requests must be processed.

    (a) Time limits. Components of the Department of Labor will comply 
with the time limits required by the FOIA for responding to and 
processing requests and appeals, unless there are exceptional 
circumstances within the meaning of 5 U.S.C. 552(a)(6)(C). A component 
will notify a requester whenever the component is unable to respond to 
or process the request or appeal within the time limits established by 
the FOIA.
    (b) Multitrack processing. (1) A component may use two or more 
processing tracks by distinguishing between simple and more complex 
requests based on the amount of work and/or time needed to process the 
request, including through limits based on the number of pages 
involved. If a component does so, it will advise requesters in its 
slower track(s) of the limits of its faster track(s).
    (2) A component using multitrack processing may provide requesters 
in its slower track(s) with an opportunity to limit the scope of their 
requests in order to qualify for faster processing within the specified 
limits of the component's faster track(s). A component doing so will 
contact the requester either by telephone or by letter, whichever is 
more efficient in each case.
    (c) Unusual circumstances. (1) Where the statutory time limits for 
processing a request cannot be met because of ``unusual 
circumstances,'' as defined in the FOIA, and the component determines 
to extend the time limits on that basis, the component will as soon as 
practicable notify the requester in writing of the unusual 
circumstances and of the date by which processing of the request can be 
expected to be completed. Where the extension is for more than ten 
working days, the component will provide the requester with an 
opportunity either to modify the request so that it may be processed 
within the time limits or to arrange an alternative time period with 
the component for processing the request or a modified request.
    (2) Where a component reasonably believes that multiple requests 
submitted by a requester, or by a group of requesters acting in 
concert, constitute a single request that would otherwise involve 
unusual circumstances, and the requests involve clearly related 
matters, they may be aggregated. Multiple requests involving unrelated 
matters will not be aggregated.
    (d) Expedited processing. (1) Requests and appeals will be taken 
out of order and given expedited treatment whenever it is determined 
that they involve:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged 
federal government activity, if made by a person primarily engaged in 
disseminating information;
    (iii) The loss of substantial due process rights; or
    (iv) A matter of widespread and exceptional media interest in which 
there exists possible questions about the

[[Page 16745]]

government's integrity which affect public confidence.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time. For a prompt 
determination, a request for expedited processing must be received by 
the proper component. Requests based on the categories in paragraphs 
(d)(1)(i), (ii), (iii) and (iv) of this section must be submitted to 
the component that maintains the records requested.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that 
person's knowledge and belief, explaining in detail the basis for 
requesting expedited processing. For example, a requester within the 
category in paragraph (d)(1)(ii) of this section, if not a full-time 
member of the news media, must establish that he or she is a person 
whose main professional activity or occupation is information 
dissemination, though it need not be his or her sole occupation. A 
requester within the category in paragraph (d)(1)(ii) of this section 
also must establish a particular urgency to inform the public about the 
government activity involved in the request, beyond the public's right 
to know about government activity generally. The formality of 
certification may be waived as a matter of administrative discretion.
    (4) Within ten calendar days of its receipt of a request for 
expedited processing, the proper component will decide whether to grant 
it and will notify the requester of the decision. If a request for 
expedited treatment is granted, the request will be given priority and 
will be processed as soon as practicable. If a request for expedited 
processing is denied, any appeal of that decision will be acted on 
expeditiously.


Sec.  70.26  Business information.

    (a) In general. Confidential business information will be disclosed 
under the FOIA only in accordance with this section.
    (b) Designation of business information. A submitter of business 
information will use good-faith efforts to designate, by appropriate 
markings, either at the time of submission or at a reasonable time 
thereafter, any portions of its submission that it considers to be 
protected from disclosure under Exemption 4. These designations will 
expire ten years after the date of the submission unless the submitter 
requests, and provides justification for, a longer designation period.
    (c) Notice to submitters. A component will provide a submitter with 
prompt written notice of a FOIA request that seeks its business 
information whenever required under paragraph (d) of this section, 
except as provided in paragraph (g) of this section, in order to give 
the submitter an opportunity to object in writing to disclosure of any 
specified portion of that information under paragraph (e) of this 
section. The notice will either describe the business information 
requested or include copies of the requested records or record portions 
containing the information. When notification to a voluminous number of 
submitters is required, notification may be made by posting or 
publishing notice reasonably likely to accomplish such notification.
    (d) When notice is required. Notice will be given to a submitter 
whenever:
    (1) The information requested under the FOIA has been designated in 
good faith by the submitter as information considered protected from 
disclosure under Exemption 4; or
    (2) A component has reason to believe that the information 
requested under the FOIA may be protected from disclosure under 
Exemption 4.
    (e) Opportunity to object to disclosure. A component will allow a 
submitter a reasonable time to respond to the notice described in 
paragraph (c) of this section. If a submitter has any objection to 
disclosure, it is required to submit a detailed written statement. The 
statement must show why the information is a trade secret or commercial 
or financial information that is privileged or confidential. In the 
event that a submitter fails to respond to the notice within the time 
specified, the submitter will be considered to have no objection to 
disclosure of the information. Information provided by a submitter 
under this paragraph may itself be subject to disclosure under the 
FOIA.
    (f) Notice of intent to disclose. A component will consider a 
submitter's timely objections and specific grounds for non-disclosure 
in deciding whether to disclose business information. Whenever a 
disclosure officer decides to disclose business information over the 
objection of a submitter, the component will give the submitter written 
notice, which will include:
    (1) A statement of the reason(s) why each of the submitter's 
disclosure objections was not sustained;
    (2) A description of the business information to be disclosed; and
    (3) A specified disclosure date, which will be a reasonable time 
subsequent to the notice.
    (g) Exceptions to notice requirements. The notice requirements of 
paragraphs (c) and (f) of this section will not apply if:
    (1) The disclosure officer determines that the information should 
not be disclosed;
    (2) The information lawfully has been published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by statute (other 
than the FOIA) or by a regulation issued in accordance with the 
requirements of Executive Order 12600 (3 CFR 1988 Comp., p. 235); or
    (4) The designation made by the submitter under paragraph (b) of 
this section appears obviously frivolous or such a designation would be 
unsupportable--except that, in such a case, the component will, within 
a reasonable time prior to a specified disclosure date, give the 
submitter written notice of any final decision to disclose the 
information.
    (h) Notice of a FOIA lawsuit. Whenever a requester files a lawsuit 
seeking to compel the disclosure of business information, the component 
will promptly notify the submitter.
    (i) Corresponding notice to requesters. Whenever a component 
provides a submitter with notice and an opportunity to object to 
disclosure under paragraphs (d) and (e) of this section, the component 
will also notify the requester(s). Whenever a component notifies a 
submitter of its intent to disclose requested information under 
paragraph (f) of this section, the component will also notify the 
requester(s). Whenever a submitter files a lawsuit seeking to prevent 
the disclosure of business information, the component will notify the 
requester(s).
    (j) Notice requirements. The component will fulfill the notice 
requirements of this section by addressing the notice to the business 
submitter or its legal successor at the address indicated on the 
records, or the last known address. If the notice is returned, the 
component will make a reasonable effort to locate the business 
submitter or its legal successor. Where notification of a voluminous 
number of submitters is required, such notification may be accomplished 
by posting and publishing the notice in a place reasonably calculated 
to accomplish notification.


Sec.  70.27  Preservation of records.

    Each component will preserve all correspondence relating to the 
requests it receives under this part, and all records processed 
pursuant to such requests, until disposition or destruction of such 
correspondence and records is authorized by Title 44 of the United 
States Code or the National Archives and Records Administration's

[[Page 16746]]

General Records Schedule 14. Under no circumstances will records be 
destroyed while they are the subject of a pending request, appeal, or 
lawsuit under the Act.


Sec.  70.28--70.37  [Reserved]

Subpart C--Costs for Production of Records


Sec.  70.38  Definitions.

    The following definitions apply to this subpart:
    (a) Request, in this subpart, includes any request, as defined by 
Sec.  70.2(f), as well as any appeal filed in accordance with Sec.  
70.22.
    (b) Direct costs means those expenditures which a component 
actually incurs in searching for and duplicating (and in the case of 
commercial use requests, reviewing) records to respond to a FOIA 
request. Direct costs include, for example, the salary of the Federal 
employee performing work (the basic rate of pay for the Federal 
employee plus 16 percent of that rate to cover benefits) and the cost 
of operating duplication machinery. Not included in direct costs are 
overhead expenses such as costs of space, heating or lighting the 
facility in which the records are kept.
    (c) Reproduction means the process of making a copy of a record 
necessary to respond to a request. Such copy can take the form of 
paper, microform, audio-visual materials or electronic records (e.g., 
magnetic tape or disk).
    (d) Search means the process of looking for and retrieving records 
or information that is responsive to a FOIA request. It includes page-
by-page or line-by-line identification of information within records 
and also includes reasonable efforts to locate and retrieve information 
from records maintained in electronic form or format. Disclosure 
officers will ensure that searches are done in the most efficient and 
least expensive manner reasonably possible. A search does not include 
the review of material, as defined in paragraph (e) of this section, 
which is performed to determine whether material is exempt from 
disclosure.
    (e) Review means the process of examining records, including audio-
visual, electronic mail, etc., located in response to a request to 
determine whether any portion of the located record is exempt from 
disclosure, and accordingly may be withheld. It also includes the act 
of preparing materials for disclosure, i.e., doing all that is 
necessary to excise them and otherwise prepare them for release. Review 
time includes time spent contacting any submitter, considering and 
responding to any objections to disclosure made by a submitter under 
Sec.  70.26, but does not include time spent resolving general legal or 
policy issues regarding the application of exemptions.
    (f) Commercial use request means a request from or on behalf of a 
person who seeks information for a use or purpose that furthers his or 
her commercial, trade or profit interests, which can include furthering 
those interests through litigation. Components will determine, whenever 
reasonably possible, the use to which a requester will put the 
requested records. When it appears that the requester will put the 
records to a commercial use, either because of the nature of the 
request itself or because a component has reasonable cause to doubt a 
requester's stated use, the component will provide the requester a 
reasonable opportunity to submit further clarification.
    (g) Educational institution means an institution which:
    (1) Is a preschool, public or private elementary or secondary 
school, an institution of undergraduate higher education, an 
institution of graduate higher education, an institution of 
professional education, or an institution of vocational education, and
    (2) Operates a program or programs of scholarly research. To 
qualify under this definition, the program of scholarly research in 
connection with which the information is sought must be carried out 
under the auspices of the academic institution itself as opposed to the 
individual scholarly pursuits of persons affiliated with an 
institution. For example, a request from a professor to assist him or 
her in writing of a book, independent of his or her institutional 
responsibilities, would not qualify under this definition, whereas a 
request predicated upon research funding granted to the institution 
would meet its requirements. A request from a student enrolled in an 
individual course of study at an educational institution would not 
qualify as a request from the institution.
    (h) Non-commercial scientific institution means an institution that 
is not operated on a commercial basis and that is operated solely for 
the purpose of conducting scientific research, the results of which are 
not intended to promote any particular product or industry.
    (i) Representative of the news media means any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public.
    (1) Factors indicating such representation status include press 
accreditation, guild membership, a history of continuing publication, 
business registration, and/or Federal Communication Commission 
licensing, among others.
    (2) For purposes of this definition, news contemplates information 
that is about current events or that would be of current interest to 
the public.
    (3) A freelance journalist will be treated as a representative of 
the news media if the person can demonstrate a solid basis for 
expecting publication of matters related to the requested information 
through a qualifying news media entity. A publication contract with a 
qualifying news media entity satisfies this requirement. An 
individual's past publication record with such organizations is also 
relevant in making this determination. Examples of news media entities 
include television or radio stations broadcasting to the public at 
large, and publishers of periodicals including newsletters (but only in 
those instances where they can qualify as disseminators of news) who 
make their products available for purchase or subscription by the 
general public.


Sec.  70.39  Statutes specifically providing for setting of fees.

    This subpart will not apply to fees charged under any statute, 
other than the FOIA, that specifically requires an agency to set and 
collect fees for particular types of records.


Sec.  70.40  Charges assessed for the production of records.

    (a) General. There are three types of charges assessed in 
connection with the production of records in response to a request, 
charges for costs associated with:
    (1) Searching for or locating responsive records (search costs),
    (2) Reproducing such records (reproduction costs), and
    (3) Reviewing records to determine whether any materials are exempt 
(review costs).
    (b)(1) There are four types of requesters:
    (i) Commercial use requesters,
    (ii) Educational and non-commercial scientific institutions,
    (iii) Representatives of the news media, and
    (iv) All other requesters.
    (2) Depending upon the type of requester, one or all of the charges 
in paragraph (b)(1) of this section may be assessed. Paragraph (c) of 
this section sets forth the extent to which such charges may be 
assessed against each type of requester.
    (c) Types of charges that may be assessed for each type of request. 
(1)

[[Page 16747]]

Commercial use request. When a requester makes a commercial use 
request, search costs, reproduction costs and review costs will be 
assessed in their entirety.
    (2) Educational or non-commercial scientific institution request. 
When an educational or non-commercial scientific institution makes a 
request, only reproduction costs will be assessed, excluding charges 
for the first 100 pages.
    (3) Request by representative of news media. When a representative 
of the news media makes a request, only reproduction costs will be 
assessed, excluding charges for the first 100 pages.
    (4) All other requests. Requesters making a request which does not 
fall within paragraphs (c)(1), (2), or (3) of this section may be 
charged search costs and reproduction costs, except that the first 100 
pages of reproduction and the first two hours of search time will be 
furnished without charge. Where computer searches are involved, the 
monetary equivalent of two hours of search time by a professional 
employee will be deducted from the total cost of computer processing 
time.
    (d) Charges for each type of activity. (1) Search costs. (i) When a 
search for records is performed by a clerical employee, a rate of $5.00 
per quarter hour will be applicable. When a search is performed by 
professional or supervisory personnel, a rate of $10.00 per quarter 
hour will be applicable. Components will charge for time spent 
searching even if they do not locate any responsive records or they 
withhold the records located as exempt from disclosure.
    (ii) For computer searches of records, requesters will be charged 
the direct costs of conducting the search, except as provided in 
paragraph (c)(4) of this section.
    (iii) If the search for requested records requires transportation 
of the searcher to the location of the records or transportation of the 
records to the searcher, all transportation costs in excess of $5.00 
may be added to the search cost.
    (2) Reproduction costs. The standard copying charge for records in 
paper copy is $0.15 per page. This charge includes the operator's time 
to duplicate the record. When responsive information is provided in a 
format other than paper copy, such as in the form of computer tapes and 
disks, the requester may be charged the direct costs of the tape, disk, 
audio-visual or whatever medium is used to produce the information, as 
well as the direct cost of reproduction, including operator time. The 
disclosure officer may request that if a medium is requested other than 
paper, the medium will be provided by the requester.
    (3) Review costs. Costs associated with the review of records, as 
defined in Sec.  70.38(e), will be charged for work performed by a 
clerical employee at a rate of $5.00 per quarter hour when applicable. 
When professional or supervisory personnel perform work, a rate of 
$10.00 per quarter hour will be charged, when applicable. Except as 
noted in this paragraph (d)(3), charges may only be assessed for review 
the first time the records are analyzed to determine the applicability 
of specific exemptions to the particular record or portion of the 
record. Thus a requester would not be charged for review at the 
administrative appeal level with regard to the applicability of an 
exemption already applied at the initial level. When, however, a record 
has been withheld pursuant to an exemption which is subsequently 
determined not to apply and is reviewed again at the appellate level to 
determine the potential applicability of other exemptions, the costs 
attendant to such additional review will be assessed.
    (4) Mailing cost. Where requests for copies are sent by mail, no 
postage charge will be made for transmitting by regular mail a single 
copy of the requested record to the requester, or for mailing 
additional copies where the total postage cost does not exceed $5.00. 
However, where the volume of paper copy or method of transmittal 
requested is such that transmittal charges to the Department are in 
excess of $5.00, the transmittal costs will be added.
    (e) Aggregating requests for purposes of assessing costs. (1) Where 
a disclosure officer reasonably believes that a requester or a group of 
requesters acting together is attempting to divide a request into a 
series of requests for the purpose of avoiding fees, the disclosure 
officer may aggregate those requests and charge accordingly.
    (2) Disclosure officers may presume that multiple requests of this 
type made within a 30-day period have been submitted in order to avoid 
fees. Where requests are separated by a longer period, disclosure 
officers will aggregate them only where a solid basis exists for 
determining that aggregation is warranted under all of the 
circumstances involved. Multiple requests involving unrelated matters 
will not be aggregated.
    (f) Interest charges. Disclosure officers will assess interest on 
an unpaid bill starting on the 31st day following the date of billing 
the requester. Interest charges will be assessed at the rate provided 
in 31 U.S.C. 3717 and will accrue from the date of the billing until 
payment is received by the component. Components will follow the 
provisions of the Debt Collection Act of 1982, (Public Law 97-365, 96 
Stat. 1749), as amended, and its administrative procedures, including 
the use of consumer reporting agencies, collection agencies, and 
offset.
    (g) Authentication of copies. (1) Fees. The FOIA does not require 
certification or attestation under seal of copies of records provided 
in accordance with its provisions. Pursuant to provisions of the 
general user-charger statute, 31 U.S.C. 9701 and subchapter II of title 
29 U.S.C., the following charges will be made when, upon request, such 
services are nevertheless rendered by the agency in its discretion:
    (i) For certification of true copies, each $10.00.
    (ii) For attestation under the seal of the Department, each $10.00.
    (2) Authority and form for attestation under seal. Authority is 
hereby given to any officer or officers of the Department of Labor 
designated as authentication officer or officers of the Department to 
sign and issue attestations under the seal of the Department of Labor.
    (h) Transcripts. Fees for transcripts of an agency proceeding will 
be assessed in accordance with the provisions of this subpart.
    (i) Privacy Act requesters. A request from an individual or on 
behalf of an individual for a record maintained by that individual's 
name or other unique identifier which is contained within a component's 
system of records will be treated under the fee provisions at 29 CFR 
71.6.


Sec.  70.41  Reduction or waiver of fees.

    (a) Requirements for waiver or reduction of fees. (1) Records 
responsive to a request will be furnished without charge or at a charge 
reduced below that established under paragraph (d) of Sec.  70.40 where 
a Disclosure Officer determines, based on all available information, 
that the requester has demonstrated that:
    (i) Disclosure of the requested information is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of the government, and
    (ii) Disclosure of the information is not primarily in the 
commercial interest of the requester.
    (2) To determine whether the requirement of paragraph (a)(1)(i) of 
this section is met, components will consider the following factors:

[[Page 16748]]

    (i) The subject of the request: Whether the subject of the 
requested records concerns ``the operations or activities of the 
government.'' The subject of the requested records must concern 
identifiable operations or activities of the federal government, with a 
connection that is direct and clear, not remote or attenuated.
    (ii) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities. The disclosable portions of the 
requested records must be meaningfully informative about government 
operations or activities in order to be ``likely to contribute'' to an 
increased public understanding of those operations or activities. The 
disclosure of information that already is in the public domain, in 
either a duplicative or a substantially identical form, would not be as 
likely to contribute to such understanding where nothing new would be 
added to the public's understanding.
    (iii) The contribution to an understanding of the subject by the 
public likely to result from disclosure: Whether disclosure of the 
requested information will contribute to ``public understanding.'' The 
disclosure must contribute to the understanding of a reasonably broad 
audience of persons interested in the subject, as opposed to the 
individual understanding of the requester. A requester's expertise in 
the subject area and ability and intention to effectively convey 
information to the public will be considered. It will be presumed that 
a representative of the news media will satisfy this consideration.
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of government operations or activities. The 
public's understanding of the subject in question must be enhanced by 
the disclosure to a significant extent.
    (3) To determine whether the requirement of paragraph (a)(1)(ii) of 
this section is met, components will consider the following factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure. The Disclosure Officer will consider any 
commercial interest of the requester (with reference to the definition 
of ``commercial use request'' in Sec.  70.38(f)), or of any person on 
whose behalf the requester may be acting, that would be furthered by 
the requested disclosure. Requesters will be given an opportunity in 
the administrative process to provide explanatory information regarding 
this consideration.
    (ii) The primary interest in disclosure: Whether any identified 
commercial interest of the requester is sufficiently large, in 
comparison with the public interest in disclosure, that disclosure is 
``primarily in the commercial interest of the requester.'' A fee waiver 
or reduction is justified where the public interest standard is 
satisfied and that public interest is greater in magnitude than that of 
any identified commercial interest in disclosure. The Disclosure 
Officer ordinarily will presume that where a news media requester has 
satisfied the public interest standard, the public interest will be the 
interest primarily served by disclosure to that requester. Disclosure 
to data brokers or others who merely compile and market government 
information for direct economic return will not be presumed to 
primarily serve the public interest.
    (4) Where only some of the records to be released satisfy the 
requirements for a waiver of fees, a waiver will be granted only for 
those records.
    (5) Requests for the waiver or reduction of fees should address the 
factors listed in paragraph (a) of this section, insofar as they apply 
to each request.
    (b) Requests for waiver or reduction of fees must be submitted 
along with the request or before processing of the request has been 
commenced.
    (c) Appeal rights. The procedures for appeal under Sec.  70.22 and 
Sec.  70.23 will control.


Sec.  70.42  Consent to pay fees.

    (a) The filing of a request under this subpart will be deemed to 
constitute an agreement by the requester to pay all applicable fees 
charged under this part up to and including $25.00, unless the 
requester seeks a waiver of fees. When making a request, the requester 
may specify a willingness to pay a greater or lesser amount.
    (b) No request will be processed if a disclosure officer reasonably 
believes that the fees are likely to exceed the amount to which the 
requester has originally consented, absent supplemental written consent 
by the requester to proceed after being notified of this determination.
    (c) When the estimated costs are likely to exceed the amount of 
fees to which the requester has consented, the requester must be 
notified. Such notice may invite the requester to reformulate the 
request to satisfy his or her needs at a lower cost.


Sec.  70.43  Payment of fees.

    (a) De minimis costs. Where the cost of collecting and processing a 
fee to be assessed to a requester exceeds the amount of the fee which 
would otherwise be assessed, no fee need be charged. Fees which do not 
exceed $15.00 usually need not be collected.
    (b) How payment will be made. Requesters will pay fees by check or 
money order made payable to the Treasury of the United States.
    (c) Advance payments and billing. (1) Prior to beginning to process 
a request, the disclosure officer will make a preliminary assessment of 
the amount that can properly be charged to the requester for search and 
review time and copying costs. Where a disclosure officer determines or 
estimates that a total fee to be charged under this section will be 
more than $250.00, the disclosure officer will require the requester to 
make an advance payment of an amount up to the entire anticipated fee 
before beginning to process the request. The disclosure officer may 
waive the advance payment where the disclosure officer receives a 
satisfactory assurance of full payment from a requester who has a 
history of prompt payment of an amount similar to the one anticipated 
by the request.
    (2) Where a requester has previously failed to pay a properly 
charged FOIA fee to any component of the Department of Labor within 30 
days of the date of billing, a disclosure officer will require the 
requester to pay the full amount due, plus any applicable interest as 
provided in Sec.  70.40(f) and to make an advance payment of the full 
amount of any anticipated fee, before the disclosure officer begins to 
process a new request or appeal or continues to process a pending 
request or appeal from that requester.
    (3) For a request other than those described in paragraphs (c)(1) 
and (2) of this section, a disclosure officer will not require the 
requester to make an advance payment before beginning to process a 
request. Payment owed for work already completed on a request pursuant 
to consent of the requester is not an advance payment and a disclosure 
officer may require the requester to make a payment for such work prior 
to releasing any records to the requester.
    (d) Time limits to respond extended when advance payments are 
requested. When a component has requested an advance payment of fees in 
accordance with paragraph (c) of this section, the time limits 
prescribed in Sec.  70.25 will only begin to run after the component 
has received the advance payment.

[[Page 16749]]

Sec.  70.44  Other rights and services.

    Nothing in this subpart will be construed to entitle any person, as 
of right, to any service or to the disclosure of any records to which 
such person is not entitled under the FOIA.


Sec. Sec.  70.45-70.52  [Reserved]

Subpart D--Public Records and Filings


Sec.  70.53   Office of Labor-Management Standards.

    (a) The following documents in the custody of the Office of Labor-
Management Standards are public information available for inspection 
and/or purchase of copies in accordance with paragraphs (b) and (c) of 
this section.
    (1) Data and information contained in any report or other document 
filed pursuant to sections 201, 202, 203, 211, 301 of the Labor-
Management Reporting and Disclosure Act of 1959 (73 Stat. 524-28, 530, 
79 Stat. 888, 73 Stat. 530, 29 U.S.C. 431-433, 441, 461).
    (2) Data and information contained in any report or other document 
filed pursuant to the reporting requirements of 29 CFR part 458, which 
are the regulations implementing the standards of conduct provisions of 
the Civil Service Reform Act of 1978, 5 U.S.C. 7120, and the Foreign 
Service Act of 1980, 22 U.S.C. 4117. The reporting requirements are 
found in 29 CFR 458.3.
    (3) Data and information contained in any report or other document 
filed pursuant to the Congressional Accountability Act of 1995, 2 
U.S.C. 1351, 109 Stat. 19.
    (b) The documents listed in paragraph (a) of this section are 
available from: U.S. Department of Labor, Office of Labor-Management 
Standards, Public Disclosure Room, N-5608, 200 Constitution Avenue, 
NW., Washington, DC 20210. Reports filed pursuant to section 201 of the 
Labor-Management Reporting and Disclosure Act of 1959 and pursuant to 
29 CFR 458.3 implementing the Civil Service Reform Act of 1978 and the 
Foreign Service Act of 1980 for the year 2000 and thereafter are also 
available at http://www.union-reports.dol.gov.
    (c) Pursuant to 29 U.S.C. 435(c) which provides that the Secretary 
will by regulation provide for the furnishing of copies of the 
documents listed in paragraph (a) of this section, upon payment of a 
charge based upon the cost of the service, these documents are 
available at a cost of $.15 per page for record copies furnished. 
Authentication of copies is available in accordance with the fee 
schedule established in Sec.  70.40. In accordance with 5 U.S.C. 
552(a)(4)(A)(vi), the provisions for fees, fee waivers and fee 
reductions in subpart C of this part do not supersede these charges for 
these documents.
    (d) Upon request of the Governor of a State for copies of any 
reports or documents filed pursuant to sections 201, 202, 203, or 211 
of the Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 
524-528, 79 Stat. 888; 29 U.S.C. 431-433, 441), or for information 
contained therein, which have been filed by any person whose principal 
place of business or headquarters is in such State, the Office of 
Labor-Management Standards will:
    (1) Make available without payment of a charge to the State agency 
designated by law or by such Governor, such requested copies of 
information and data, or
    (2) Require the person who filed such reports and documents to 
furnish such copies or information and data directly to the State 
agency thus designated.


Sec.  70.54  Employee Benefits Security Administration.

    (a) The annual financial reports (Form 5500) and attachments/
schedules as filed by employee benefit plans under the Employee 
Retirement Income Security Act (ERISA) are in the custody of the 
Employee Benefits Security Administration (EBSA) at the address 
indicated in paragraph (b) of this section, and the right to inspect 
and copy such reports, as authorized under ERISA, at the fees set forth 
in this part, may be exercised at such office.
    (b) The mailing address for the documents described in this section 
is: U.S. Department of Labor, Employee Benefits Security 
Administration, Public Documents Room, 200 Constitution Avenue, NW., 
Washington, DC 20210.

Appendix A to Part 70--Disclosure Officers

    (a) Offices in Washington, DC, are maintained by the following 
agencies of the Department of Labor. Field offices are maintained by 
some of these, as listed in the United States Government Manual.

(1) Office of the Secretary of Labor
(2) Office of the Solicitor of Labor
(3) Office of Administrative Law Judges
(4) Office of the Assistant Secretary for Administration and 
Management
(5) Office of the Assistant Secretary for Congressional and 
Intergovernmental Affairs
(6) Office of the Inspector General
(7) Office of the Assistant Secretary for Policy
(8) Office of the Assistant Secretary for Public Affairs
(9) Bureau of International Labor Affairs
(10) Bureau of Labor Statistics
(11) Office of the Assistant Secretary for Employment Standards 
Administration
(12) Office of the Assistant Secretary for Employment and Training 
Administration
(13) Office of the Assistant Secretary for Mine Safety and Health 
Administration
(14) Office of the Assistant Secretary for Occupational Safety and 
Health Administration
(15) Office of the Assistant Secretary for Employee Benefits 
Security Administration
(16) Office of the Assistant Secretary for Veterans' Employment and 
Training Service
(17) Office of the Associate Deputy Secretary for Adjudication
(18) Women's Bureau
(19) Employees' Compensation Appeals Board
(20) Administrative Review Board
(21) Benefits Review Board
(22) Office of the Assistant Secretary for Disability Employment 
Policy
    The heads of the foregoing agencies will make available for 
inspection and copying in accordance with the provisions of this 
part, records in their custody or in custody of component units 
within their organizations, either directly or through their 
authorized representative in particular offices and locations.
    (b)(1) The titles of the responsible officials of the various 
independent agencies in the Department of Labor are listed below. 
This list is provided for information and to assist requesters in 
locating the office most likely to have responsive records. The 
officials may be changed by appropriate designation. Unless 
otherwise specified, the mailing addresses of the officials will be: 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, 
DC 20210.

Secretary of Labor, ATTENTION: Assistant Secretary for 
Administration and Management, (OASAM)
Deputy Solicitor, Office of the Solicitor (SOL)
Chief Administrative Law Judge, Office of Administrative Law Judges 
(OALJ)
Legal Counsel, OALJ
Assistant Secretary for Administration and Management, (OASAM)
Deputy Assistant Secretary for Administration and Management (OASAM)
Deputy Assistant Secretary for Security and Emergency Management, 
OASAM
Director, Business Operations Center, OASAM
Director, Procurement Service Center, OASAM
Director, Civil Rights Center, OASAM
Director, Human Resources Center, OASAM
Director, Information Technology Center, OASAM
Director, Human Resource Services Center, OASAM
Director, Departmental Budget Center, OASAM
Director, Center for Program Planning and Results, OASAM
Chief Financial Officer, Office of the Chief Financial Officer (CFO)
Director, Office of Small Business Programs (OSBP)
Chief Administrative Appeals Judge, Employees' Compensation Appeals 
Board (ECAB)
Associate Deputy Secretary for Adjudication

[[Page 16750]]

Executive Director, Office of Adjudicatory Services
Chief Administrative Appeals Judge, Administrative Review Board 
(ARB)
Chief Administrative Appeals Judge, Benefits Review Board (BRB)
Director, Women's Bureau (WB)
National Office Coordinator, WB
Assistant Secretary, Office of Congressional and Intergovernmental 
Affairs (OCIA)
Deputy Assistant Secretary, OCIA
Assistant Secretary for Policy (ASP)
Deputy Assistant Secretary, ASP
Assistant Secretary, Office of Public Affairs (OPA)
Deputy Assistant Secretary, OPA
Director, Office of Administrative Review Board (ARB)
Disclosure Officer, Office of the Inspector General (OIG)
Deputy Under Secretary, Bureau of International Labor Affairs (ILAB)
Secretary of the National Administrative Office, ILAB
Deputy Assistant Secretary, Office of Disability Policy (ODEP)
Special Assistant to the Deputy Assistant Secretary, ODEP
Assistant Secretary for Employment Standards, Employment Standards 
Administration (ESA)
Director, Equal Employment Opportunity Unit, ESA
Director, Office of Management, Administration and Planning (OMAP), 
ESA
Director, Office of Workers' Compensation Programs (OWCP), ESA
Director, Division of Planning, Policy and Standards, OWCP, ESA
Director for Federal Employees' Compensation, OWCP, ESA
Director for Longshore and Harbor Workers' Compensation, OWCP, ESA
Director for Coal Mine Workers' Compensation, OWCP, ESA
Director for Energy Employment Occupational Illness Compensation 
Program, OWCP, ESA
Administrator, Wage and Hour Division, ESA
Deputy Administrator for Policy, Wage and Hour Division, ESA
Deputy Administrator for Operations, Wage and Hour Division, ESA
Senior Policy Advisor, Wage and Hour Division, ESA
Director, Office of Enforcement Policy, Wage and Hour Division, ESA
Deputy Director, Office of Enforcement Policy, Wage and Hour 
Division, ESA
Chief, Branch of Service Contracts Wage Determination, Wage and Hour 
Division, ESA
Chief, Branch of Davis-Bacon Wage Determination, Wage and Hour 
Division, ESA
Director, Office of Planning and Analysis, Wage and Hour Division, 
ESA
Director, Office of Wage Determinations, Wage and Hour Division, ESA
Director, Office of External Affairs, Wage and Hour Division, ESA
Deputy Director, Office of External Affairs, Wage and Hour Division, 
ESA
Deputy Assistant Secretary for Federal Contract Compliance Programs 
(OFCCP), ESA
Director, Division of Policy, Planning and Program Development, 
OFCCP, ESA
Deputy Director, Division of Policy, Planning and Program 
Development, OFCCP, ESA
Director, Division of Program Operations, OFCCP, ESA
Deputy Director, Division of Program Operations, OFCCP, ESA
Director, Division of Management and Administrative Programs, OFCCP, 
ESA
Deputy Assistant Secretary for Labor-Management Programs, (OLMS), 
ESA
Assistant Secretary of Labor, Employment and Training Administration 
(ETA)
Administrator, Business Relations Group, ETA
Administrator, Office of Policy Development, Evaluation and 
Research, ETA
Director, Office of Equal Employment Opportunity, ETA
Director, Office of Outreach, ETA
Deputy Assistant Secretary of Labor, Employment and Training 
Administration, ETA
Administrator, Office of Financial and Administrative Management, 
ETA
Director, Office of Financial and Administrative Services, ETA
Director, Office of Grants and Contracts Management, ETA
Chief, Division of Federal Assistance, ETA
Chief, Division of Contract Services, ETA
Director, Office of Human Resources, ETA
Administrator, Office of Performance and Results, ETA
Administrator, Office of Regional Operations, ETA
Administrator, Office of Technology, ETA
Administrator, Office of National Programs, ETA
Chief, Division of Foreign Labor Certification, ETA
Administrator, Office of Apprenticeship Training, Employer and Labor 
Services, ETA
Administrator, Office of Job Corps, ETA
Administrator, Office of Workforce Investment, ETA
Director, Office of Adult Services, ETA
Director, Office of Youth Services, ETA
Administrator, Office of Workforce Security, ETA
Deputy Director, Office of Workforce Security, ETA
Administrator, Office of National Response, ETA
Director, Division of Trade Adjustment Assistance, ETA
Assistant Secretary, Occupational Safety and Health Administration 
(OSHA)
Director, Office of Public Affairs, OSHA
Director, Directorate of Construction, OSHA
Director, Directorate of Federal-State Operations, OSHA
Director, Directorate of Policy, OSHA
Director, Directorate of Administrative Programs, OSHA
Director, Office of Personnel Programs, OSHA
Director, Office of Administrative Services, OSHA
Director, Directorate of Information Technology, OSHA
Director, Office of Management Data Systems, OSHA
Director, Office of Management Systems and Organization, OSHA
Director, Office of Program Budgeting, Planning and Financial 
Management, OSHA
Director, Directorate of Compliance Programs, OSHA
Director, Directorate of Technical Support, OSHA
Director, Directorate of Safety Standards Programs, OSHA
Director, Directorate of Health Standards Programs, OSHA
Director, Office of Statistics, OSHA
Director, Office of Participant Assistance & Communications, 
Employee Benefits Security Administration (EBSA)
Assistant Secretary for Veterans' Employment and Training (VETS)
Deputy Assistant Secretary for Veterans' Employment and Training, 
VETS
Director, Office of Operations and Programs, VETS
Commissioner, Bureau of Labor Statistics (BLS)
Associate Commissioner, Office of Administration, BLS

    The mailing address for responsible officials in the Bureau of 
Labor Statistics is: Room 4040--Postal Square Building, 2 
Massachusetts Avenue, NE., Washington, DC 20212.
    The mailing address for all requests directed to the Mine Safety 
and Health Administration (MSHA) is: 1100 Wilson Boulevard, 21st 
Floor, Arlington, Virginia 22209.

Assistant Secretary, MSHA
Deputy Assistant Secretary, MSHA
Chief, Office of Congressional and Legislative Affairs, MSHA
Director, Office of Information and Public Affairs, MSHA
Director of Administration and Management, MSHA
Administrator, Coal Mine Safety and Health (CMS&H), MSHA
Chief, Technical Compliance & Investigation Division, CMS&H, MSHA
Chief, Health Division, CMS&H, MSHA
Chief, Safety Division, CMS&H, MSHA
Accident Investigation Program Manager, CMS&H, MSHA
Administrator, Metal and Nonmetal Mine Safety and Health (M/NM), 
MSHA
Chief, Technical Compliance & Investigation Division, M/NM, MSHA
Chief, Health Division, M/NM, MSHA
Chief, Safety Division, M/NM, MSHA
Accident Investigation Program Manager, M/NM, MSHA
Director of Assessments, MSHA
Director of Technical Support, MSHA
Director of Educational Policy and Development, MSHA
Director of Standards, Regulations, and Variances, MSHA
Director of Program Evaluation and Information Resources, MSHA

    The mailing address for the Office of Administrative Law Judges 
is: Office of Administrative Law Judges, 800 K Street, NW., Suite N-
400, Washington, DC 20001.
    (2) The titles of the responsible officials in the regional 
offices of the various independent agencies are listed below: Unless 
otherwise specified, the mailing address for these officials by 
region, will be:


[[Page 16751]]


Region I: U.S. Department of Labor, John F. Kennedy Federal 
Building, Boston, Massachusetts 02203 (For Wage and Hour only: 
Contact Region III).
Region II: 201 Varick Street, New York, New York 10014 (For Wage and 
Hour only: Contact Region III).
Region III: The Curtis Center, 170 South Independence Mall West, 
Suite 825 East, Philadelphia, Pennsylvania 19106.
Region IV:
    U.S. Department of Labor, Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303.
    214 N. Hogan Street, Suite 1006, Jacksonville, Florida 32202 
(OWCP only).
Region V:
    Kluczynski Federal Building, 230 South Dearborn Street, Chicago, 
Illinois 60604.
    1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FECA 
only).
Region VI: 525 Griffin Square Building, Griffin & Young Streets, 
Dallas, Texas 75202.
Region VII:
    City Center Square Building, 1100 Main Street, Kansas City, 
Missouri 64105 (For Wage and Hour only: Contact Region V).
    801 Walnut Street, Room 200, Kansas City, Missouri 64106 (OFCCP 
only).
Region VIII:
    1999 Broadway Street, Denver, Colorado 80202 (For Wage and Hour 
and OFCCP: Contact Region VI).
    1999 Broadway, Suite 600, Denver, Colorado 80202 (OWCP only).

    The mailing address for the Regional Director, Bureau of 
Apprenticeship and Training in Region VIII is: U.S. Custom House, 
721-19th Street, Room 465, Denver, Colorado 80202.

Region IX: 71 Stevenson Street, San Francisco, California 94105.
Region X: 1111 Third Avenue, Seattle, Washington 98101 (For Wage and 
Hour only: Contact Region IX).
Regional Administrator for Administration and Management (OASAM)
Regional Personnel Officer, OASAM
Regional Director for Information and Public Affairs, Office of 
Public Affairs (OPA)
Regional Administrator for Occupational Safety and Health (OSHA)
Regional Commissioner, Bureau of Labor Statistics (BLS)
Regional Administrator for Employment and Training Administration 
(ETA)
    (For the following regions Boston, New York, Philadelphia, 
Atlanta, Dallas, Chicago and San Francisco)
Associate Regional Administrator for ETA
    (For the following locations Denver, Kansas City and Seattle)
Regional Director, Job Corps, ETA
Director, Regional Office of Apprenticeship and Training, Employer 
and Labor Services, ETA
Regional Administrator for Wage and Hour, ESA
Deputy Regional Administrator for Wage and Hour, ESA
Regional Operations Manager for Wage and Hour, ESA
Regional Director for Federal Contract Compliance Programs, ESA
Regional Director for the Office of Workers' Compensation Programs, 
ESA
District Director, Office of Workers' Compensation Programs, ESA

Office of Federal Contract Compliance Programs ESA, Responsible 
Offices, Regional Offices

JFK Federal Building, Room E-235, Boston, Massachusetts 02203.
201 Varick Street, Room 750, New York, New York 10014.
The Curtis Center, 170 South Independence Mall West, Philadelphia, 
Pennsylvania 19106.
61 Forsyth Street, SW., Suite 7B75, Atlanta, Georgia 30303.
Klucynski Federal Building, 230 South Dearborn Street, Room 570, 
Chicago, Illinois 60604.
Federal Building, 525 South Griffin Street, Room 840, Dallas, Texas 
75202.
71 Stevenson Street, Suite 1700, San Francisco, California 94105.
1111 Third Avenue, Suite 610, Seattle, Washington 98101.

Office of Workers' Compensation Programs ESA, Reponsible Officials, 
District Directors

John F. Kennedy Federal Building, Room E-260, Boston, Massachusetts 
02203 (FECA and LHWCA only).
201 Varick Street, Seventh Floor, Room 750, New York, New York 10014 
(LHWCA and FECA only ).
The Curtis Center, 170 South Independence Mall West, Philadelphia, 
Pennsylvania 19106 (LHWCA and FECA only).
Penn Traffic Building, 319 Washington Street, Johnstown, 
Pennsylvania 15901 (BLBA only).
105 North Main Street, Suite 100, Wilkes-Barre, Pennsylvania 18701 
(BLBA only).
Wellington Square, 1225 South Main Street, Suite 405, Greensburg, 
Pennsylvania 15601 (BLBA only).
The Federal Building, 31 Hopkins Plaza, Room 410-B Baltimore, 
Maryland 21201 (LHWCA only).
Federal Building, 200 Granby Mall, Room 212, Norfolk, 
Virginia 23510 (LHWCA only).
2 Hale Street, Suite 304, Charleston, West Virginia 25301 (BLBA 
only).
425 Juliana Street, Suite 3116, Parkersburg, West Virginia 26101 
(BLBA only).
800 North Capitol Street, NW., Room 800, Washington, DC 20211 (FECA 
only).
164 Main Street, Suite 508, Pikeville, Kentucky 41501 (BLBA only).
402 Campbell Way, Mt. Sterling, Kentucky 40353 (BLBA only).
214 N. Hogan Street, 10th Floor, Room 1026, Jacksonville, Florida 
32202 (LHWCA and FECA only).
230 South Dearborn Street, Room 800, Chicago, Illinois 60604 (LHWCA 
and FECA only).
1240 East 9th Street, Room 851, Cleveland, Ohio 44199 (FECA only).
1160 Dublin Road, Suite 300, Columbus, Ohio 43214 (BLBA only).
525 Griffin Street, Federal Building, Dallas, Texas 75202 (FECA 
only).
701 Loyola Avenue, Room 13032, New Orleans, Louisiana 70113 (LHWCA 
only).
8866 Gulf Freeway, Suite 140, Houston, Texas 77017 (LHWCA only).
City Center Square, Suite 750, 1100 Main Street, Kansas City, 
Missouri 64105 (FECA only).
1999 Broadway, Suite 600, Denver, Colorado 80202 (FECA and BLBA 
only).
71 Stevenson Street, Suite 1705, San Francisco, California 94105 
(LHWCA and FECA only).
401 E. Ocean Boulevard, Suite 720, Long Beach, California 90802 
(LHWCA only).
300 Ala Moana Boulevard, Room 5-135, Honolulu, Hawaii 96850 (LHWCA 
only).
1111 3rd Avenue, Suite 620, Seattle, Washington 98101 (LHWCA and 
FECA only).

Mine Safety & Health Administration Field Offices

    The mailing address for all requests directed to the field 
office of the Mine Safety and Health Administration (MSHA) is: 1100 
Wilson Boulevard, 21st Floor, Arlington, Virginia 22209.

Coordinator, Mine Emergency Unit
Superintendent, National Mine Health and Safety Academy
Chief, Safety and Health Technology Center
Chief, Approval and Certification Center
Chief, Information Resource Center
Chief, Office of Injury and Employment Information
District Managers, Coal Mine Safety and Health
District Managers, Metal and Nonmetal Mine Safety and Health

Regional Administrator, Occupational Safety and Health Administration 
(OSHA)

Area Director, OSHA

639 Granite Street, 4th Floor, Braintree, Massachusetts 02184.
279 Pleasant Street, Suite 201, Concord, New Hampshire 03301.
Federal Building, 450 Main Street, Room 613, Hartford, Connecticut 
06103.
1057 Broad Street, 4th Floor, Bridgeport, Connecticut 06604.
1441 Main Street, Room 550, Springfield, Massachusetts 01103.
Federal Office Building, 380 Westminister Mall, Room 543, 
Providence, Rhode Island 02903.
Valley Office Park, 13 Branch Street, Methuen, Massachusetts 01844
1400 Old Court Road, Room 208, Westbury, New York 11590
42-40 Bell Boulevard, Bayside, New York 11361
401 New Karner Road, Suite 300, Albany, New York 12205
Plaza 35, 1030 St. Georges Avenue, Suite 205, Avenel, New Jersey 
07001
299 Cherry Hill Road, Suite 304, Parsippany, New Jersey 07054
3300 Vikery Road, North Syracuse, New York 13212
5360 Genesee Street, Bowmansville, New York 14026
Triple SSS Plaza Building, 1510 F.D. Roosevelt Avenue, Suite 5B, 
Guaynabo, Puerto Rico 00968
500 Route 17 South, 2nd Floor, Hasbrouck Heights, New Jersey 07604

[[Page 16752]]

Marlton Executive Park, Building 2, Suite 120, 701 Route 73 South, 
Marlton, New Jersey 08053
660 White Plains Road, 4th Floor, Tarrytown, New York 10591
U.S. Customs House, Second & Chestnut Streets, Room 242, 
Philadelphia, Pennsylvania 19106
Cabeb Boggs Federal Building, 844 N. King Street, Room 2209, 
Wilmington, Delaware 19801
Federal Office Building, 1000 Liberty Avenue, Room 1428, Pittsburgh, 
Pennsylvania 15222
3939 West Ridge Road, Suite B12, Erie, Pennsylvania 16506
Federal Office Building, 200 Granby Street, Room 614, Norfolk, 
Virginia 23510
Stegmaier Building, Suite 410, 7 N. Wilkes-Barre Blvd., Wilkes-
Barre, Pennsylvania 18702
850 North 5th Street, Allentown, Pennsylvania 18102
405 Capitol Street, Suite 407, Charleston, West Virginia 25301
1099 Winterson Road, Suite 140, Linthicum, Maryland 21090
Progress Plaza, 49 N. Progress Avenue, Harrisburg, Pennsylvania 
17109
2400 Herodian Way, Suite 250, Smyrna, Georgia 30080
450 Mall Boulevard, Suite J, Savannah, Georgia 31419
Vestavia Village, 2047 Canyon Road, Birmingham, Alabama 35216
8040 Peters Road, Building H-100, Fort Lauderdale, Florida 33324
Ribault Building, 1851 Executive Center Drive, Suite 227, 
Jacksonville, Florida 32207
5807 Breckenridge Parkway, Suite A, Tampa, Florida 33610
1835 Assembly Street, Room 1468, Columbia, South Carolina 29201
3780 I-55 North, Suite 210, Jackson, Mississippi 39211
3737 Government Boulevard, Suite 100, Mobile, Alabama 36693
2002 Richard Jones Road, Suite C-205, Nashville, Tennessee 37215
John C. Watts Federal Building, 330 West Broadway, Room 108, 
Frankfort, Kentucky 40601
LaVista Perimeter Office Park, 2183 N. Lake Parkway, Building 7, 
Suite 110, Tucker, Georgia 30084
Century Station Federal Office Building, 300 Fayetteville Mall, Room 
438, Raleigh, North Carolina 27601
1600 167th Street, Suite 9, Calumet City, Illinois 60409
701 Lee Street, Suite 950, Des Plaines, Illinois 60016
11 Executive Drive, Suite 11, Fairview Heights, Illinois 62208
365 Smoke Tree Business Park, North Aurora, Illinois 60542
Federal Office Building, 1240 East 9th Street, Room 899, Cleveland, 
Ohio 44199
Federal Office Building, 200 N. High Street, Room 620, Columbus, 
Ohio 43215
46 East Ohio Street, Room 453, Indianapolis, Indiana 46204
36 Triangle Park Drive, Cincinnati, Ohio 45246
1648 Tri Parkway, Appleton, Wisconsin 54914
1310 West Clairmont Avenue, Eau Claire, Wisconsin 54701
Henry S. Reuss Building, 310 West Wisconsin Avenue, Room 1180, 
Milwaukee, Wisconsin 53202
300 South 4th Street, Suite 1205, Minneapolis, Minnesota 55415
420 Madison Avenue, Suite 600, Toledo, Ohio 43604
801 South Waverly Road, Suite 306, Lansing, Michigan 48917
4802 East Broadway, Madison, Wisconsin 53716
2918 W. Willow Knolls Road, Peoria, Illinois 61614
8344 East R.L. Thornton Freeways, Suite 420, Dallas, Texas 75228
903 San Jacinto Boulevard, Suite 319, Austin, Texas 78701
9100 Bluebonnet Centre Blvd., Suite 201, Baton Rouge, Louisiana 
70809
Wilson Plaza, 606 N. Carancahua, Suite 700, Corpus Christi, Texas 
78476
Federal Office Building, 1205 Texas Avenue, Room 806, Lubbock, Texas 
79401
507 North Sam Houston Parkway, Suite 400, Houston, Texas 77060
17625 El Camino Real, Suite 400, Houston, Texas 77058
55 North Robinson, Suite 315, Oklahoma City, Oklahoma 73102
North Starr II, 8713 Airport Freeway, Suite 302, Fort Worth, Texas 
76180
TCBY Building, 425 West Capitol Avenue, Suite 450, Little Rock, 
Arkansas 72201
700 E. San Antonio Street, Room C-408, El Paso, Texas 79901
6200 Connecticut Avenue, Suite 100, Kansas City, Missouri 64120
911 Washington Avenue, Room 420, St. Louis, Missouri 63101
210 Walnut Street, Room 815, Des Moines, Iowa 50309
217 West 3rd Street, Room 400, Wichita, Kansas 67202
Overland--Wolf Building, 6910 Pacific Street, Room 100, Omaha, 
Nebraska 68106
2900 Fourth Avenue North, Suite 303, Billings, Montana 59101
1640 East Capitol Avenue, Bismarck, North Dakota 58501
7935 East Prentice Avenue, Suite 209, Greenwood Village, Colorado 
80111
1391 Speer Boulevard, Suite 210, Denver, Colorado 80204
P.O. Box 146650, Salt Lake City, Utah 84114-6650
301 West Northern Lights Boulevard, Suite 407, Anchorage, Alaska 
99503
1150 N. Curtis Road, Suite 201, Boise, Idaho 83706
505 106th Avenue, Northeast, Suite 302, Bellevue, Washington 98004
1220 Southwest Third Avenue, Room 640, Portland, Oregon 97204

Employee Benefits Security Administration Regional Director or District 
Supervisor

Regional Director, J.F.K. Federal Building, Room 575, Boston, 
Massachusetts 02203.
Regional Director, 201 Varick Street, New York, New York 10014.
Regional Director, The Curtis Center, 170 South Independence Mall 
West, Suite 870 West, Philadelphia, Pennsylvania 19106.
District Supervisor, 1335 East-West Highway, Suite 200, Silver 
Spring, Maryland 20910.
Regional Director, 61 Forsyth Street, SW., Room 7B54, Atlanta, 
Georgia 30303.
District Supervisor, 8040 Peters Road, Building H, Suite 104, 
Plantation, Florida 33324.
Regional Director, 1885 Dixie Highway, Suite 210, Ft. Wright, 
Kentucky 41011.
District Supervisor, 211 West Fort Street, Suite 1310, Detroit, 
Michigan 48226.
Regional Director, 200 West Adams Street, Suite 1600, Chicago, 
Illinois 60606.
Regional Director, 1100 Main Street, Suite 1200, Kansas City, 
Missouri 64105.
District Supervisor, Robert Young Federal Building, 1222 Spruce 
Street, Room 6.310, St. Louis, Missouri 63103.
Regional Director, 525 Griffin Street, Room 900, Dallas, Texas 
75202.
Regional Director, 71 Stevenson Street, Suite 915, P.O. Box 190250, 
San Francisco, California 94119.
District Director, 1111 Third Avenue, Room 860, Seattle, Washington 
98101.
Regional Director, 1055 E. Colorado Blvd, Suite 200, Pasadena, 
California 91106.

Regional Administrators, Veterans' Employment and Training Service 
(VETS)

Region I: J.F. Kennedy Federal Building, Government Center, Room E-
315, Boston, Massachusetts 02203.
Region II: 201 Varick Street, Room 766, New York, New York 10014.
Region III: U.S. Customs House, Second and Chestnut Streets, Room 
802, Philadelphia, Pennsylvania 19106.
Region IV: Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 
Room 6T85, Atlanta, Georgia 30303.
Region V: 230 South Dearborn, Room 1064, Chicago, Illinois 60604.
Region VI: 525 Griffin Street, Room 858, Dallas, Texas 75202.
Region VII: City Center Square Building, 1100 Main Street, Suite 
850, Kansas City, Missouri 64105.
Region VIII: 1999 Broadway, Suite 1730, Denver, Colorado 80202.
Region IX: 71 Stevenson Street, Suite 705, San Francisco, California 
94105.
Region X: 1111 Third Avenue, Suite 800, Seattle, Washington 98101.

    Signed at Washington, DC, this 22nd day of March, 2004.
Elaine L. Chao,
Secretary of Labor.

[FR Doc. 04-6783 Filed 3-29-04; 8:45 am]
BILLING CODE 4510-23-P