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Tuesday,

May 30, 2006

Part III

Department of Labor
Office of the Secretary

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; Final Rule
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30762 Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations

DEPARTMENT OF LABOR the law. These new provisions deletions at the place in the record
implementing the amendments are where the deletion is made. Section
Office of the Secretary found at § 70.4(d)(2) (electronic reading 70.22(c) is expanded to authorize the
rooms); § 70.21(a) (format of disclosure); filing of appeals by e-mail at the
29 CFR Part 70 § 70.21(b)(3) (deletion marking and designated e-mail address. Section
RIN 1290–AA17
volume estimation); § 70.25 (timing of 70.22(c) is expanded to authorize the
responses); and § 70.38(d) (electronic filing of appeals by submitting an e-mail
Revision of the Department of Labor searches). at the designated e-mail address.
Freedom of Information Act The final rule also updates the Finally, a minor citation error is
Regulations and Implementation of Department’s fee schedule. Revisions of corrected at § 70.40(b)(2).
Electronic Freedom of Information Act the Department’s fee schedule can be
found at § 70.40(d)(1) and (3). The C. Analysis of Comment Received
Amendments of 1996
duplication charge will remain the same Comment Received
AGENCY: Office of the Secretary, Labor. at fifteen cents per page, while
document search and review charges The Department received only one
ACTION: Notice of final rulemaking.
will increase to $5 and $10 per quarter comment. The commenter wanted to
SUMMARY: This document sets forth final hour for clerical and professional or know when the proposed rule would be
Department’s procedural regulations supervisory time, respectively. The made final.
under the Freedom of Information Act amount at or below which the Agency Response
(FOIA). This final rule is not intended Department will not charge a fee will
to change any rights under the FOIA. increase from $5 to $15 at § 70.43(a). This rule will become effective on
The final rule is intended as a routine The final rule also clarifies the June 29, 2006.
updating of the Department’s application of fees with respect to Regulatory Flexibility Act
procedures, to streamline the existing administrative appeals.
The final rule allows for the The Deputy Secretary of Labor, in
procedures based on experience, to
submission of e-mail FOIA requests and accordance with the Regulatory
reflect certain changes in the procedural
e-mail appeals to the Department. The Flexibility Act (5 U.S.C. 601–612), has
requirements of the FOIA since the
final rule creates e-mail addresses where reviewed this final rule and has certified
current regulations were issued, and to
all FOIA e-mail requests and e-mail to the Chief Counsel for Advocacy of the
make the Department’s procedures
appeals must be directed. Requests Small Business Administration that it
easier for the public to understand.
submitted to any other e-mail address will not have a significant economic
DATES: Effective Date: This rule is impact on a substantial number of small
effective on June 29, 2006. will not be accepted. § 70.19(b).
The Department presumes that since entities.
FOR FURTHER INFORMATION CONTACT: the E–FOIA amendments have been The Department of Labor makes a
Joseph J. Plick, Counsel for FOIA/ operative now for several years, most of tremendous amount of public
FACA/Privacy Act, Division of those interested in commenting on the information readily available to small
Management and Administrative Legal Department’s implementation of those entities on its Web site pursuant to the
Services, Room N–2428, 200 provisions will be familiar with the FOIA and other public disclosure
Constitution Avenue, NW., Washington, subject. However, those interested in requirements, and is committed to
DC 20210, telephone (202) 693–5527. consulting additional resources on any expanding this resource to assist small
SUPPLEMENTARY INFORMATION: of the procedural requirements of the businesses and other members of the
FOIA, and the E–FOIA amendments in public. In this regard, the Department,
A. Background consistent with the E–FOIA
particular, can readily find detailed
On March 30, 2004, the Department of information at the U.S. Department of amendments, now maintains an
Labor published a proposed rule in the Justice Web site. For example, a copy of electronic reading room. This electronic
Federal Register revising the the FOIA can be located at http:// reading room provides ready access to
Department’s procedural regulations www.usdoj.gov/04foia/foiastat.htm; the many materials of interest to small
under the Freedom of Information Act. current (May 2004) edition of the entities that were previously available
These proposed revisions were not Department of Justice FOIA Reference only at selected physical sites around
intended to change any rights under the Guide can be located at http:// the country—e.g., administrative staff
FOIA. The proposed revisions were www.usdoj.gov/oip/foi-act.htm; and manuals used by the Department. In
intended in part as a routine updating specific information about the E–FOIA addition, the Department makes ‘‘hot
of the Department’s procedures—to amendments of 1996 can be located at FOIAs’’ available to the public on this
streamline the existing procedures http://www.usdoj.gov/oip/foia_updates/ Web site pursuant to the requirements
based on experience, to reflect certain Vol_XVII_4/page1.htm. of the law. The Department has
changes in the procedural requirements established a direct link on the Home
of the FOIA since the current B. Changes From the Proposal/ page of its Web site http://www.dol.gov/
regulations were issued, and to make Publication in Final dol/foia/main.htm to its FOIA
the Department’s procedures easier for This final rule adds additional resources. In addition to the information
the public to understand. disclosure officers, deletes some in the electronic reading room, a copy
In addition, the proposed revisions disclosure officers, updates various of the statute, the Department’s
added new provisions to explicitly mailing addresses for the disclosure procedural regulations, up-to-date
implement the Electronic Freedom of officers, updates a title, and clarifies, at information about DOL disclosure
Information Act Amendments of 1996 § 70.40(d)(2), that copying costs cover officers, links to Department of Justice
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(Pub. L. 104–231). The Department has standard 81⁄2 x 11 or 11 x 14 inch black resources, and a variety of other useful
been operating in compliance with the and white copies. In addition, it information can be found on this site.
amendments, and based on its expands § 70.21(b)(2) to state that the Small entities, like any other
experience is now updating the disclosure officer, when denying a individual or entity, may request
regulations to reflect these changes in request for records, should indicate information in the Department’s files

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that has not been generally made States, a report regarding the issuance of ■ For the reasons stated in the preamble,
available to the public. One of the major this Final Rule prior to the effective date the Department of Labor revises 29 CFR
purposes of revising the Department’s set forth at the outset of this document. Part 70 to read as follows:
FOIA regulations is to make it simpler OMB has determined that this rule is
for small entities and others to PART 70—PRODUCTION OR
not a ‘‘major rule’’ as defined by the
understand where and how to seek DISCLOSURE OF INFORMATION OR
Congressional Review Act (Section 804
information from the Department, and MATERIALS
of the Small Business Regulatory
to ensure that they receive disclosable Enforcement Fairness Act of 1996). This Subpart A—General
information (and an appropriate rule will not result in an annual effect
explanation of why any information has Sec.
on the economy of $100,000,000 or 70.1 Purpose and scope.
been deemed non-disclosable) in a more; a major increase in costs or prices; 70.2 Definitions.
timely way. Like other requesters, small or significant adverse effects on 70.3 Policy.
entities seeking information must in competition, employment, investment, 70.4 Public reading rooms.
some cases pay fees. The FOIA productivity, innovation, or on the 70.5 Compilation of new records.
establishes a fee structure to cover the ability of United States-based 70.6 Disclosure of originals.
direct costs of the government in companies to compete with foreign- 70.7–70.18 [Reserved]
searching for, reviewing, and based companies in domestic and Subpart B—Procedures for Disclosure of
duplicating requested records. The export markets. Records Under the Freedom of Information
Department’s final rule is fully Act
consistent with these requirements. For Federalism 70.19 Requests for records.
example, consistent with the statute, the 70.20 Responsibility for responding to
rule provides that no fees will be The Department has reviewed this
requests.
charged in specified circumstances, final rule in accordance with Executive
70.21 Form and content of responses.
establishes uniform fees to cover the Order 13132 regarding federalism, and 70.22 Appeals from denial of requests.
time expended by professional and has determined that it does not have 70.23 Action on appeals.
clerical employees, and includes ‘‘federalism implications.’’ The rule will 70.24 Form and content of action on
provisions for fee waivers. Moreover, in not ‘‘have substantial direct effects on appeals.
fully implementing the provisions of the the States, on the relationship between 70.25 Time limits and order in which
the national government and the States, requests must be processed.
E–FOIA Act, the final rule will ensure 70.26 Business information.
that small entities have the opportunity or on the distribution of power and
responsibilities among the various 70.27 Preservation of records.
to obtain information in the format of 70.28–70.37 [Reserved]
their choice (including electronic levels of government.’’
Subpart C—Costs for Production of
formats) when it is feasible for the Paperwork Reduction Act Records
Department to produce the information
in the requested manner. The Department has reviewed the 70.38 Definitions.
final rules with reference to the 70.39 Statutes specifically providing for
Executive Order 12866 Paperwork Reduction Act and has setting of fees.
concluded that they do not involve any 70.40 Charges assessed for the production
This rule has been drafted and
of records.
reviewed in accordance with Executive ‘‘collection of information’’ within the 70.41 Reduction or waiver of fees.
Order 12866, section 1(b), Principles of requirements of the Act. 70.42 Consent to pay fees.
Regulation. This Department and the The rule would not require any 70.43 Payment of fees.
Office of Management and Budget have person to fill out a form or otherwise 70.44 Other rights and services.
determined that this rule is not a provide specific information (other than 70.45–70.52 [Reserved]
‘‘significant regulatory action’’ under self-identification and appropriate Subpart D—Public Records and Filings
Executive Order 12866, section 3(f), certifications) to the Department in 70.53 Office of Labor-Management
Regulatory Planning and Review. order to make a FOIA request or Standards.
Accordingly, there is no requirement for administrative appeal for records. 70.54 Employee Benefits Security
an assessment of potential costs and Pursuant to regulations of the Office of Administration.
benefits under section 6(a)(3) of that Management and Budget implementing Appendix A to Part 70—Disclosure Officers
order, nor has the rule been reviewed by the Paperwork Reduction Act, affidavits, Appendix B to Part 70—[Reserved]
the Office of Management and Budget. oaths, affirmations, certifications, Authority: 5 U.S.C. 301, 5 U.S.C. 552, as
Unfunded Mandates Reform Act of 1995 receipts, changes of address, consents or amended; Reorganization Plan No. 6 of 1950,
acknowledgments are not ‘‘information 5 U.S.C. Appendix; E.O. 12600, 52 FR 23781,
This rule will not result in the collections’’ under the law (5 CFR 3 CFR, 1988 Comp., p. 235.
expenditure by State, local, and tribal 1320.3(h)(1)).
governments or by the private sector, in Subpart A—General
the aggregate, of $100,000,000 or more Consistent with the FOIA, the final
in any one year, and it will not rule requires those seeking fee waivers § 70.1 Purpose and scope.
significantly or uniquely affect small to address certain specific requirements This part contains the regulations of
governments. Therefore, no actions were set forth by the law; and consistent with the Department of Labor implementing
deemed necessary under the provisions the law and Executive Order 12600, the the Freedom of Information Act (FOIA),
of the Unfunded Mandates Reform Act final rules require submitters of as amended, 5 U.S.C. 552 and Executive
of 1995. information who wish to protect that Order 12600. It also implements the
information to address certain specific public information provisions of the
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Congressional Review Act requirements toward that end. Labor-Management Reporting and
Consistent with the Congressional List of Subjects in 29 CFR Part 70 Disclosure Act (LMRDA), 29 U.S.C. 435,
Review Act, 5 U.S.C. 801, et seq., the the Employee Retirement Income
Department will submit to Congress and Administrative practice and Security Act of 1974 (ERISA), 29 U.S.C.
to the Comptroller General of the United procedure, Freedom of Information. 1026 (106), and the Federal Advisory

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Committee Act (FACA), 5 U.S.C. app. 552(b), will be made promptly available from records made available to the
11. Subpart A contains general to any person submitting a written public pursuant to paragraph (a)(4) of
information about Department of Labor request in accordance with the this section when disclosure would be
policies and procedures; subpart B sets procedures of this part. harmful to an interest protected by an
forth the procedures for obtaining access exemption. When making a deletion for
to records of the Department; subpart C § 70.4 Public reading rooms. such purposes, the component will
contains the Department’s regulations (a) To the extent required by 5 U.S.C. explain the reason for the deletion.
on fees; and subpart D sets forth the 552(a)(2), each component within the Also, a component will describe the
procedures for obtaining access to Department will make the materials extent of the deletion and must, if
certain public records. Appendix A listed in this section available for public technically feasible, identify the exact
contains a list of all Department of inspection and copying (unless they are location where the deletion was made.
Labor disclosure officers from whom published and copies are offered for (d) Records described in this section
records may be obtained. sale): are available for examination or copying
(1) Final opinions, including without the submission of a formal
§ 70.2 Definitions. concurring and dissenting opinions, as FOIA request. All records covered by
As used in this part: well as orders, made in the adjudication this section are available through public
(a) The terms agency, person, party, of cases; reading rooms, and, to the extent
rule, order, and adjudication have the (2) Those statements of policy and indicated in this paragraph, through the
meaning attributed to these terms by the interpretation which have been adopted Department’s Internet/World Wide Web
definitions in 5 U.S.C. 551. by the agency and are not published in site [http://www.dol.gov].
(b) Component means each separate the Federal Register; (1) Some components have public
bureau, office, board, division, (3) Administrative staff manuals and reading rooms only in Washington, DC,
commission, service or administration instructions to staff that affect a member while other components provide
of the Department of Labor. of the public except to the extent that reading rooms in area, district or
(c) Disclosure officer means an official such records or portions thereof are regional offices throughout the United
of a component who has authority to exempt from disclosure under section States. A disclosure officer in the
disclose or withhold records under the 552(b) of the FOIA; and appropriate component listed in
FOIA and to whom requests to inspect (4) Copies of all records, regardless of Appendix A to this part should be
or copy records in his/her custody form or format, which have been contacted to find out where the public
should be addressed. Department of released to any person under 5 U.S.C. reading room is located. If the
Labor disclosure officers are listed in 552(a)(3) and which, because of the appropriate component is unknown,
Appendix A to this part. nature of their subject matter, the inquiries can be directed to the Office of
(d) The Secretary means the Secretary agency determines have become or are the Solicitor, Division of Management
of Labor. likely to become the subject of and Administrative Legal Services, 200
(e) The Department means the subsequent requests for substantially the Constitution Avenue, NW., Room N–
Department of Labor. same records. 2428, Washington, DC 20210. Fees for
(f) Request means any written request (5) A general index of the records reproduction of records in public
for records made pursuant to 5 U.S.C. referred to in paragraph (a) (4) of this reading rooms are charged consistent
552(a)(3) and which meets the section. with § 70.40.
requirements of this Part. (b) Each component of the (2) To the extent feasible, components
(g) Requester means any person who Department will maintain and make are required to place copies of any
makes a request. available, including through the records covered by this section and
(h) Record means information in any Department’s Internet/World Wide Web which were created on or after
format, including electronic format. site [http://www.dol.gov], current November 1, 1996 on the Internet/World
(i) Search means to seek, manually or indexes providing identifying Wide Web. In particular, when records
by automated means, Department information regarding any matter are required to be made available to the
records for the purpose of locating issued, adopted or promulgated after public pursuant to the requirements of
records in response to a request. July 4, 1967, and required by paragraph paragraph (a)(4) of this section, the
(j) Business information means (a) of this section to be made available component will also place on the
commercial or financial information or published. Each component will Internet/World Wide Web, if technically
received or obtained by the Department publish and make available for feasible, any records that are released in
from a submitter, directly or indirectly, distribution copies of such indexes and the response to a FOIA decision. The
that arguably may be protected from their supplements at least quarterly, Department’s Internet home page may
disclosure under Exemption 4 of the unless it determines by Notice be searched to obtain these documents.
FOIA. published in the Federal Register that The Department will make available to
(k) Submitter means any person or publication would be unnecessary and the public by electronic or other
entity from whom the Department impracticable. After issuance of such appropriate media any documents
receives or obtains commercial or Notice, the component will provide covered by this section that cannot be
financial information, directly or copies of any index upon request at a feasibly placed on the Internet/World
indirectly. The term submitter includes, cost not to exceed the direct cost of Wide Web.
but is not limited to corporations, labor duplication.
organizations, non-profit organizations, (c) A component may exclude § 70.5 Compilation of new records.
and local, state, tribal and foreign information from records made Nothing in 5 U.S.C. 552 or this part
governments. available to the public pursuant to requires that any agency or component
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paragraphs (a)(1), (a)(2) and (a)(3) of this create a new record in order to respond
§ 70.3 Policy. section where release of such to a request for records. A component
All agency records, except those information would constitute a clearly must, however, make reasonable efforts
exempt from mandatory disclosure by unwarranted invasion of privacy and to search for records that already exist
one or more provisions of 5 U.S.C. may also exclude identifying details in electronic form or format, except

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when such efforts would significantly requesters in identifying the disclosure response appropriate, it will issue such
interfere with the operation of the officer who is most likely to have a response on behalf of the Department.
component’s automated information custody of the records sought. (b) Consultations and referrals. When
systems. The component will determine (2) Requesters who cannot determine a disclosure officer receives a request for
what constitutes a reasonable effort on the proper disclosure officer to whom a record, the disclosure officer will
a case-by-case basis. the request should be addressed may determine whether another disclosure
direct the request to the Office of the officer of the component, the
§ 70.6 Disclosure of originals. Solicitor, Division of Management and Department, or of the Federal
(a) No original record or file in the Administrative Legal Services, 200 Government, is better able to determine
custody of the Department of Labor, or Constitution Avenue, NW., Room N– whether the record can be disclosed or
of any component or official thereof, 2428, Washington, DC 20210 or by e- is exempt from disclosure under the
will on any occasion be given to any mail to foiarequest@dol.gov. Note, FOIA. If the receiving disclosure officer
agent, attorney, or other person not pursuant to § 70.25(a), the time for the determines that he or she is not best
officially connected with the component to respond to a request able to process the record, then the
Department without the written consent begins to run when the request is receiving disclosure officer will either:
of the Secretary, the Solicitor of Labor received by the proper disclosure
or the Inspector General. (1) Respond to the request after
officer. consulting with the component or
(b) The individual authorizing the (c) Description of information
release of the original record or file must agency best able to determine whether
requested. Each request must reasonably to disclose it and with any other
ensure that a copy of the document or describe the record or records sought.
file is retained in the component that component or agency that has a
The descriptions must be sufficiently substantial interest in it; or
had custody and/or control when an detailed to permit the identification and
original document or file is released (2) Refer the responsibility for
location of the requested records with a
pursuant to this subpart. responding to the request regarding that
reasonable amount of effort. So far as
record to the component best able to
§§ 70.7–70.18 [Reserved] practicable, the request should specify
determine whether to disclose it, or to
the subject of the record, the date or
another agency that originated the
Subpart B—Procedures for Disclosure approximate date when made, the place
record (but only if that entity is subject
of Records Under the Freedom of where made, the person or office that
to the FOIA). Ordinarily, the component
Information Act created it, and any other pertinent
or agency that originated the record will
identifying details.
§ 70.19 Requests for records. be presumed to be best able to
(d) Deficient descriptions. If the
(a) How to make a request. Requests determine whether to disclose it.
description is insufficient, so that a
under this subpart for a record of the knowledgeable employee who is (c) Notice of referral. Whenever a
Department of Labor must be written familiar with the subject area of the disclosure officer refers all or any part
and received by mail, delivery service/ request cannot locate the record with a of the responsibility for responding to a
courier, facsimile or e-mail. reasonable amount of effort, the request to another component or agency,
(b) To whom to direct requests. A component processing the request the disclosure officer will notify the
request should be sent to the should notify the requester and describe requester of the referral and inform the
appropriate official/officer for the what additional information is needed requester of the name of each
component that maintains the records at to process the request. Every reasonable component or agency to which the
its proper address. The request as well effort will be made to assist a requester request has been referred.
as the envelope itself should be clearly in the identification and location of the (d) Classified records. Any request for
marked ‘‘Freedom of Information Act record or records sought. Any amended classified records which are in the
Request.’’ If the request is made by e- request must be confirmed in writing custody of the Department of Labor will
mail, it must be sent to and meet the requirements for a request be referred to the classifying agency
foiarequest@dol.gov. Requests submitted under this Part. under paragraphs (b) and (c) of this
to any other e-mail address will not be (e) Agreement to pay fees. The filing section.
accepted as a request made under this of a request under this subpart will be
Part. § 70.21 Form and content of responses.
deemed to constitute an agreement by
(1) The functions of each major the requester to pay all applicable fees (a) Form of notice granting a request.
Department of Labor component are charged under this part, up to $25. (1) After a disclosure officer has made
summarized in the United States a determination to grant a request in
Government Manual which is issued § 70.20 Responsibility for responding to whole or in part, the disclosure officer
annually. The manual is available in requests. will notify the requester in writing. The
print from the Superintendent of (a) In general. Except as stated in notice will describe the manner in
Documents, Washington, DC 20402– paragraph (b) of this section, the which the record will be disclosed. The
9328, and electronically at the disclosure officer who receives a request disclosure officer will provide the
Government Printing Office’s World for a record and has possession of that record in the form or format requested
Wide Web site, http:// record is the disclosure officer if the record is readily reproducible in
www.access.gpo.gov/su_docs. Appendix responsible for responding to the that form or format, provided the
A of this part lists the disclosure officers request. When it is determined that requester has agreed to pay and/or has
of each component by title and address. records responsive to a request may be paid any fees required by Subpart C of
This initial list has been included for located in multiple components of the this part. The disclosure officer will
information purposes only, and the Department, the Office of the Solicitor, determine on a case-by-case basis what
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disclosure officers may be changed Division of Management and constitutes a readily reproducible
through appropriate designation. Administrative Legal Services, will format. Each component should make
Regional, district and field office provide any necessary coordination of reasonable efforts to maintain its records
addresses have been included in the Department’s response. If the Office in commonly reproducible forms or
Appendix A to this part to assist of the Solicitor deems a consolidated formats.

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(2) Alternatively, a disclosure officer (b) The appeal will state in writing the § 70.25 Time limits and order in which
may make a copy of the releasable grounds for appeal, and it may include requests must be processed.
portions of the record available to the any supporting statements or arguments, (a) Time limits. Components of the
requester for inspection at a reasonable but such statements are not required. In Department of Labor will comply with
time and place. The procedure for such order to facilitate processing of the the time limits required by the FOIA for
an inspection will not unreasonably appeal, the appeal should include the responding to and processing requests
disrupt the operations of the appellant’s mailing address and daytime and appeals, unless there are
component. telephone number, as well as copies of exceptional circumstances within the
(b) Form of notice denying a request. the initial request and the disclosure meaning of 5 U.S.C. 552(a)(6)(C). A
A disclosure officer denying a request in officer’s response. The envelope and the component will notify a requester
whole or in part must notify the letter of appeal should be clearly whenever the component is unable to
requester in writing. The notice must be marked: ‘‘Freedom of Information Act respond to or process the request or
signed by the disclosure officer and will Appeal.’’ Any amendment to the appeal appeal within the time limits
include: must be in writing and received prior to established by the FOIA.
(1) The name and title or position of a decision on the appeal. (b) Multitrack processing. (1) A
the disclosure officer. (c) The appeal should be addressed to component may use two or more
(2) A brief statement of the reason or the Solicitor of Labor, Division of processing tracks by distinguishing
reasons for the denial, including the Management and Administrative Legal between simple and more complex
FOIA exemption or exemptions relied Services, U.S. Department of Labor, 200 requests based on the amount of work
upon in denying the request. Deletions Constitution Avenue, NW., Room N– and/or time needed to process the
should be indicated at the place in the 2428, Washington, DC 20210. Appeals request, including through limits based
record where the deletion is made. also may be submitted by e-mail to on the number of pages involved. If a
(3) An estimate of the volume of foiaappeal@dol.gov. Appeals submitted component does so, it will advise
records of information withheld, in to any other e-mail address will not be requesters in its slower track(s) of the
number of pages or in some other accepted. limits of its faster track(s).
reasonable form of estimation. This (2) A component using multitrack
estimate does not need to be provided § 70.23 Action on appeals.
processing may provide requesters in its
if the volume is otherwise indicated The Solicitor of Labor, or designee,
slower track(s) with an opportunity to
through deletions on records disclosed will review the appellant’s appeal and
limit the scope of their requests in order
in part, or if providing an estimate make a determination de novo whether
to qualify for faster processing within
would harm an interest protected by an the action of the disclosure officer was
the specified limits of the component’s
applicable exemption. proper and in accordance with the
faster track(s). A component doing so
(4) A statement that the denial may be applicable law.
will contact the requester either by
appealed under § 70.22 and a
§ 70.24 Form and content of action on telephone or by letter, whichever is
description of the requirements of that
appeals. more efficient in each case.
section.
(c) Record cannot be located or has The disposition of an appeal will be (c) Unusual circumstances. (1) Where
been destroyed. If a requested record issued by the Solicitor of Labor or the statutory time limits for processing
cannot be located from the information designee in writing. A decision a request cannot be met because of
supplied, or it is known or believed to affirming, in whole or in part, the ‘‘unusual circumstances,’’ as defined in
have been destroyed or otherwise decision below will include a brief the FOIA, and the component
disposed of, the disclosure officer will statement of the reason or reasons for determines to extend the time limits on
so notify the requester in writing and the affirmance, including the FOIA that basis, the component will as soon
this determination may be appealed as exemption or exemptions relied upon, as practicable notify the requester in
described in § 70.22. and its relation to each record withheld, writing of the unusual circumstances
(d) Date for determining responsive and a statement that judicial review of and of the date by which processing of
records. When responding to a request, the denial is available in the United the request can be expected to be
a component will ordinarily include States District Court for the judicial completed. Where the extension is for
only those records existing as of the date district in which the requester resides or more than ten working days, the
the component begins its search for maintains his or her principal place of component will provide the requester
them. If any other date is used, the business, the judicial district in which with an opportunity either to modify the
component will inform the requester of the requested records are located, or the request so that it may be processed
that date. District of Columbia. If it is determined within the time limits or to arrange an
on appeal that a record should be alternative time period with the
§ 70.22 Appeals from denial of requests. disclosed, the record should be component for processing the request or
(a) When a request for access to provided in accordance with the a modified request.
records has been denied in whole or in decision on appeal. If it is determined (2) Where a component reasonably
part; where a requester disputes a that records should be denied in whole believes that multiple requests
determination that records cannot be or in part, the appeal determination will submitted by a requester, or by a group
located or have been destroyed; where include an estimate of the volume of of requesters acting in concert,
a requester disputes a determination by records or information withheld, in constitute a single request that would
a disclosure officer concerning the number of pages or in some other otherwise involve unusual
assessment or waiver of fees; or when a reasonable form of estimation. This circumstances, and the requests involve
component fails to respond to a request estimate does not need to be provided clearly related matters, they may be
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within the time limits set forth in the if the volume is otherwise indicated aggregated. Multiple requests involving
FOIA, the requester may appeal to the through deletions on records disclosed unrelated matters will not be aggregated.
Solicitor of Labor. The appeal must be in part, or if providing an estimate (d) Expedited processing. (1) Requests
filed within 90 days of the date of the would harm an interest protected by an and appeals will be taken out of order
action being appealed. applicable exemption. and given expedited treatment

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whenever it is determined that they FOIA only in accordance with this to disclose business information.
involve: section. Whenever a disclosure officer decides to
(i) Circumstances in which the lack of (b) Designation of business disclose business information over the
expedited treatment could reasonably be information. A submitter of business objection of a submitter, the component
expected to pose an imminent threat to information will use good-faith efforts to will give the submitter written notice,
the life or physical safety of an designate, by appropriate markings, which will include:
individual; either at the time of submission or at a (1) A statement of the reason(s) why
(ii) An urgency to inform the public reasonable time thereafter, any portions each of the submitter’s disclosure
about an actual or alleged federal of its submission that it considers to be objections was not sustained;
government activity, if made by a protected from disclosure under (2) A description of the business
person primarily engaged in Exemption 4. These designations will information to be disclosed; and
disseminating information; expire ten years after the date of the (3) A specified disclosure date, which
(iii) The loss of substantial due submission unless the submitter will be a reasonable time subsequent to
process rights; or requests, and provides justification for, the notice.
a longer designation period. (g) Exceptions to notice requirements.
(iv) A matter of widespread and
(c) Notice to submitters. A component The notice requirements of paragraphs
exceptional media interest in which
will provide a submitter with prompt (c) and (f) of this section will not apply
there exists possible questions about the
written notice of a FOIA request that if:
government’s integrity which affect (1) The disclosure officer determines
seeks its business information whenever
public confidence. that the information should not be
required under paragraph (d) of this
(2) A request for expedited processing section, except as provided in paragraph disclosed;
may be made at the time of the initial (g) of this section, in order to give the (2) The information lawfully has been
request for records or at any later time. submitter an opportunity to object in published or has been officially made
For a prompt determination, a request writing to disclosure of any specified available to the public;
for expedited processing must be portion of that information under (3) Disclosure of the information is
received by the proper component. paragraph (e) of this section. The notice required by statute (other than the
Requests based on the categories in will either describe the business FOIA) or by a regulation issued in
paragraphs (d)(1)(i), (ii), (iii), and (iv) of information requested or include copies accordance with the requirements of
this section must be submitted to the of the requested records or record Executive Order 12600 (3 CFR 1988
component that maintains the records portions containing the information. Comp., p. 235); or
requested. When notification to a voluminous (4) The designation made by the
(3) A requester who seeks expedited number of submitters is required, submitter under paragraph (b) of this
processing must submit a statement, notification may be made by posting or section appears obviously frivolous or
certified to be true and correct to the publishing notice reasonably likely to such a designation would be
best of that person’s knowledge and accomplish such notification. unsupportable—except that, in such a
belief, explaining in detail the basis for (d) When notice is required. Notice case, the component will, within a
requesting expedited processing. For will be given to a submitter whenever: reasonable time prior to a specified
example, a requester within the category (1) The information requested under disclosure date, give the submitter
in paragraph (d)(1)(ii) of this section, if the FOIA has been designated in good written notice of any final decision to
not a full-time member of the news faith by the submitter as information disclose the information.
media, must establish that he or she is considered protected from disclosure (h) Notice of a FOIA lawsuit.
a person whose main professional under Exemption 4; or Whenever a requester files a lawsuit
activity or occupation is information (2) A component has reason to believe seeking to compel the disclosure of
dissemination, though it need not be his that the information requested under the business information, the component
or her sole occupation. A requester FOIA may be protected from disclosure will promptly notify the submitter.
within the category in paragraph under Exemption 4. (i) Corresponding notice to requesters.
(d)(1)(ii) of this section also must (e) Opportunity to object to disclosure. Whenever a component provides a
establish a particular urgency to inform A component will allow a submitter a submitter with notice and an
the public about the government activity reasonable time to respond to the notice opportunity to object to disclosure
involved in the request, beyond the described in paragraph (c) of this under paragraphs (d) and (e) of this
public’s right to know about government section. If a submitter has any objection section, the component will also notify
activity generally. The formality of to disclosure, it is required to submit a the requester(s). Whenever a component
certification may be waived as a matter detailed written statement. The notifies a submitter of its intent to
of administrative discretion. statement must show why the disclose requested information under
(4) Within ten calendar days of its information is a trade secret or paragraph (f) of this section, the
receipt of a request for expedited commercial or financial information component will also notify the
processing, the proper component will that is privileged or confidential. In the requester(s). Whenever a submitter files
decide whether to grant it and will event that a submitter fails to respond a lawsuit seeking to prevent the
notify the requester of the decision. If a to the notice within the time specified, disclosure of business information, the
request for expedited treatment is the submitter will be considered to have component will notify the requester(s).
granted, the request will be given no objection to disclosure of the (j) Notice requirements. The
priority and will be processed as soon information. Information provided by a component will fulfill the notice
as practicable. If a request for expedited submitter under this paragraph may requirements of this section by
processing is denied, any appeal of that itself be subject to disclosure under the addressing the notice to the business
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decision will be acted on expeditiously. FOIA. submitter or its legal successor at the
(f) Notice of intent to disclose. A address indicated on the records, or the
§ 70.26 Business information. component will consider a submitter’s last known address. If the notice is
(a) In general. Confidential business timely objections and specific grounds returned, the component will make a
information will be disclosed under the for non-disclosure in deciding whether reasonable effort to locate the business

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submitter or its legal successor. Where A search does not include the review of would not qualify as a request from the
notification of a voluminous number of material, as defined in paragraph (e) of institution.
submitters is required, such notification this section, which is performed to (h) Non-commercial scientific
may be accomplished by posting and determine whether material is exempt institution means an institution that is
publishing the notice in a place from disclosure. not operated on a commercial basis and
reasonably calculated to accomplish (e) Review means the process of that is operated solely for the purpose
notification. examining records, including audio- of conducting scientific research, the
visual, electronic mail, etc., located in results of which are not intended to
§ 70.27 Preservation of records. response to a request to determine promote any particular product or
Each component will preserve all whether any portion of the located industry.
correspondence relating to the requests record is exempt from disclosure, and (i) Representative of the news media
it receives under this part, and all accordingly may be withheld. It also means any person actively gathering
records processed pursuant to such includes the act of preparing materials news for an entity that is organized and
requests, until disposition or for disclosure, i.e., doing all that is operated to publish or broadcast news to
destruction of such correspondence and necessary to excise them and otherwise the public.
records is authorized by Title 44 of the prepare them for release. Review time (1) Factors indicating such
United States Code or the National includes time spent contacting any representation status include press
Archives and Records Administration’s submitter, and considering and accreditation, guild membership, a
General Records Schedule 14. Under no responding to any objections to history of continuing publication,
circumstances will records be destroyed disclosure made by a submitter under business registration, and/or Federal
while they are the subject of a pending § 70.26, but does not include time spent Communication Commission licensing,
request, appeal, or lawsuit under the resolving general legal or policy issues among others.
Act. regarding the application of exemptions. (2) For purposes of this definition,
(f) Commercial use request means a news contemplates information that is
§ 70.28–70.37 [Reserved] about current events or that would be of
request from or on behalf of a person
Subpart C—Costs for Production of who seeks information for a use or current interest to the public.
purpose that furthers his or her (3) A freelance journalist will be
Records
commercial, trade or profit interests, treated as a representative of the news
§ 70.38 Definitions. which can include furthering those media if the person can demonstrate a
The following definitions apply to interests through litigation. Components solid basis for expecting publication of
this subpart: will determine, whenever reasonably matters related to the requested
(a) Request, in this subpart, includes possible, the use to which a requester information through a qualifying news
any request, as defined by § 70.2(f), as will put the requested records. When it media entity. A publication contract
well as any appeal filed in accordance appears that the requester will put the with a qualifying news media entity
with § 70.22. records to a commercial use, either satisfies this requirement. An
(b) Direct costs means those because of the nature of the request individual’s past publication record
expenditures which a component itself or because a component has with such organizations is also relevant
actually incurs in searching for and reasonable cause to doubt a requester’s in making this determination. Examples
duplicating (and in the case of stated use, the component will provide of news media entities include
commercial use requests, reviewing) the requester a reasonable opportunity television or radio stations broadcasting
records to respond to a FOIA request. to submit further clarification. to the public at large, and publishers of
Direct costs include, for example, the (g) Educational institution means an periodicals including newsletters (but
salary of the Federal employee institution which: only in those instances where they can
performing work (the basic rate of pay (1) Is a preschool, public or private qualify as disseminators of news) who
for the Federal employee plus 16 elementary or secondary school, an make their products available for
percent of that rate to cover benefits) institution of undergraduate higher purchase or subscription by the general
and the cost of operating duplication education, an institution of graduate public.
machinery. Not included in direct costs higher education, an institution of
§ 70.39 Statutes specifically providing for
are overhead expenses such as costs of professional education, or an institution setting of fees.
space, heating or lighting the facility in of vocational education, and
(2) Operates a program or programs of This subpart will not apply to fees
which the records are kept.
(c) Reproduction means the process of scholarly research. To qualify under this charged under any statute, other than
making a copy of a record necessary to definition, the program of scholarly the FOIA, that specifically requires an
respond to a request. Such copy can research in connection with which the agency to set and collect fees for
take the form of paper, microform, information is sought must be carried particular types of records.
audio-visual materials or electronic out under the auspices of the academic § 70.40 Charges assessed for the
records (e.g., magnetic tape or disk). institution itself as opposed to the production of records.
(d) Search means the process of individual scholarly pursuits of persons (a) General. There are three types of
looking for and retrieving records or affiliated with an institution. For charges assessed in connection with the
information that is responsive to a FOIA example, a request from a professor to production of records in response to a
request. It includes page-by-page or line- assist him or her in writing of a book, request, charges for costs associated
by-line identification of information independent of his or her institutional with:
within records and also includes responsibilities, would not qualify (1) Searching for or locating
reasonable efforts to locate and retrieve under this definition, whereas a request responsive records (search costs),
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information from records maintained in predicated upon research funding (2) Reproducing such records
electronic form or format. Disclosure granted to the institution would meet its (reproduction costs), and
officers will ensure that searches are requirements. A request from a student (3) Reviewing records to determine
done in the most efficient and least enrolled in an individual course of whether any materials are exempt
expensive manner reasonably possible. study at an educational institution (review costs).

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(b)(1) There are four types of excess of $5.00 may be added to the (2) Disclosure officers may presume
requesters: search cost. that multiple requests of this type made
(i) Commercial use requesters, (2) Reproduction costs. The standard within a 30-day period have been
(ii) Educational and non-commercial copying charge for records in black and submitted in order to avoid fees. Where
scientific institutions, white paper copy is $0.15 per page. This requests are separated by a longer
(iii) Representatives of the news charge includes the operator’s time to period, disclosure officers will aggregate
media, and duplicate the record. When responsive them only where a solid basis exists for
(iv) All other requesters. information is provided in a format determining that aggregation is
(2) Depending upon the type of other than 81⁄2 x 11 or 11 x 14 inch black warranted under all of the
requester, as set forth in paragraph (b)(1) and white paper copy, such as computer circumstances involved. Multiple
of this section, the charges outlined in tapes, disks and color copies, the requests involving unrelated matters
paragraph (c) of this section may be requester may be charged the direct will not be aggregated.
assessed. costs of the tape, disk, audio-visual or (f) Interest charges. Disclosure officers
(c) Types of charges that will be will assess interest on an unpaid bill
whatever medium is used to produce
assessed for each type of request. (1) starting on the 31st day following the
the information, as well as the direct
Commercial use request. When a date of billing the requester. Interest
cost of reproduction, including operator
requester makes a commercial use charges will be assessed at the rate
time. The disclosure officer may request
request, search costs, reproduction costs provided in 31 U.S.C. 3717 and will
that if a medium is requested other than
and review costs will be assessed in accrue from the date of the billing until
paper, the medium will be provided by
their entirety. payment is received by the component.
the requester.
(2) Educational or non-commercial Components will follow the provisions
scientific institution request. When an (3) Review costs. Costs associated
with the review of records, as defined in of the Debt Collection Act of 1982, (Pub.
educational or non-commercial L. 97–365, 96 Stat. 1749), as amended,
scientific institution makes a request, ‘‘70.38(e), will be charged for work
performed by a clerical employee at a and its administrative procedures,
only reproduction costs will be including the use of consumer reporting
assessed, excluding charges for the first rate of $5.00 per quarter hour when
applicable. When professional or agencies, collection agencies, and offset.
100 pages. (g) Authentication of copies. (1) Fees.
(3) Request by representative of news supervisory personnel perform work, a
rate of $10.00 per quarter hour will be The FOIA does not require certification
media. When a representative of the or attestation under seal of copies of
news media makes a request, only charged, when applicable. Except as
noted in this paragraph, charges may records provided in accordance with its
reproduction costs will be assessed, provisions. Pursuant to provisions of the
excluding charges for the first 100 only be assessed for review the first time
the records are analyzed to determine general user-charger statute, 31 U.S.C.
pages. 9701 and Subchapter II of title 29
(4) All other requests. Requesters the applicability of specific exemptions
to the particular record or portion of the U.S.C., the following charges will be
making a request which does not fall
record. Thus a requester would not be made when, upon request, such services
within paragraphs (c)(1), (2), or (3) of
charged for review at the administrative are nevertheless rendered by the agency
this section will be charged search costs
appeal level with regard to the in its discretion:
and reproduction costs, except that the (i) For certification of true copies,
first 100 pages of reproduction and the applicability of an exemption already
applied at the initial level. When, $10.00 each certification.
first two hours of search time will be (ii) For attestation under the seal of
furnished without charge. Where however, a record has been withheld
pursuant to an exemption which is the Department, $10.00 each attestation
computer searches are involved, the under seal.
monetary equivalent of two hours of subsequently determined not to apply
(2) Authority and form for attestation
search time by a professional employee and is reviewed again at the appellate
under seal. Authority is hereby given to
will be deducted from the total cost of level to determine the potential
any officer or officers of the Department
computer processing time. applicability of other exemptions, the
of Labor designated as authentication
(d) Charges for each type of activity. costs attendant to such additional
officer or officers of the Department to
(1) Search costs. (i) When a search for review will be assessed.
sign and issue attestations under the
records is performed by a clerical (4) Mailing cost. Where requests for
seal of the Department of Labor.
employee, a rate of $5.00 per quarter copies are sent by mail, no postage (h) Transcripts. Fees for transcripts of
hour will be applicable. When a search charge will be made for transmitting by an agency proceeding will be assessed
is performed by professional or regular mail a single copy of the in accordance with the provisions of
supervisory personnel, a rate of $10.00 requested record to the requester, or for this Subpart.
per quarter hour will be applicable. mailing additional copies where the (i) Privacy Act requesters. A request
Components will charge for time spent total postage cost does not exceed $5.00. from an individual or on behalf of an
searching even if they do not locate any However, where the volume of paper individual for a record maintained by
responsive records or they withhold the copy or method of transmittal requested that individual’s name or other unique
records located as exempt from is such that transmittal charges to the identifier which is contained within a
disclosure. Department are in excess of $5.00, the component’s system of records will be
(ii) For computer searches of records, transmittal costs will be added. treated under the fee provisions at 29
requesters will be charged the direct (e) Aggregating requests for purposes CFR 71.6.
costs of conducting the search, except as of assessing costs. (1) Where a
provided in paragraph (c)(4) of this disclosure officer reasonably believes § 70.41 Reduction or waiver of fees.
section. that a requester or a group of requesters (a) Requirements for waiver or
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(iii) If the search for requested records acting together is attempting to divide a reduction of fees. (1) Records responsive
requires transportation of the searcher to request into a series of requests for the to a request will be furnished without
the location of the records or purpose of avoiding fees, the disclosure charge or at a charge reduced below that
transportation of the records to the officer may aggregate those requests and established under paragraph (d) of
searcher, all transportation costs in charge accordingly. § 70.40 where a Disclosure Officer

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determines, based on all available (3) To determine whether the specify a willingness to pay a greater or
information, that the requester has requirement of paragraph (a)(1)(ii) of lesser amount.
demonstrated that: this section is met, components will (b) No request will be processed if a
(i) Disclosure of the requested consider the following factors: disclosure officer reasonably believes
information is in the public interest (i) The existence and magnitude of a that the fees are likely to exceed the
because it is likely to contribute commercial interest: Whether the amount to which the requester has
significantly to public understanding of requester has a commercial interest that originally consented, absent
the operations or activities of the would be furthered by the requested supplemental written consent by the
government, and disclosure. The Disclosure Officer will requester to proceed after being notified
(ii) Disclosure of the information is consider any commercial interest of the of this determination.
not primarily in the commercial interest requester (with reference to the (c) When the estimated costs are
of the requester. definition of ‘‘commercial use request’’ likely to exceed the amount of fees to
(2) To determine whether the in § 70.38(f)), or of any person on whose which the requester has consented, the
requirement of paragraph (a)(1)(i) of this behalf the requester may be acting, that requester must be notified. Such notice
section is met, components will would be furthered by the requested may invite the requester to reformulate
consider the following factors: disclosure. Requesters will be given an the request to satisfy his or her needs at
(i) The subject of the request: Whether a lower cost.
opportunity in the administrative
the subject of the requested records
process to provide explanatory § 70.43 Payment of fees.
concerns ‘‘the operations or activities of
information regarding this
the government.’’ The subject of the (a) De minimis costs. Where the cost
consideration.
requested records must concern of collecting and processing a fee to be
identifiable operations or activities of (ii) The primary interest in disclosure: assessed to a requester exceeds the
the federal government, with a Whether any identified commercial amount of the fee which would
connection that is direct and clear, not interest of the requester is sufficiently otherwise be assessed, no fee need be
remote or attenuated. large, in comparison with the public charged. Fees which do not exceed
(ii) The informative value of the interest in disclosure, that disclosure is $15.00 usually need not be collected.
information to be disclosed: Whether ‘‘primarily in the commercial interest of (b) How payment will be made.
the disclosure is ‘‘likely to contribute’’ the requester.’’ A fee waiver or Requesters will pay fees by check or
to an understanding of government reduction is justified where the public money order made payable to the
operations or activities. The disclosable interest standard is satisfied and that Treasury of the United States.
portions of the requested records must public interest is greater in magnitude (c) Advance payments and billing. (1)
be meaningfully informative about than that of any identified commercial Prior to beginning to process a request,
government operations or activities in interest in disclosure. The Disclosure the disclosure officer will make a
order to be ‘‘likely to contribute’’ to an Officer ordinarily will presume that preliminary assessment of the amount
increased public understanding of those where a news media requester has that can properly be charged to the
operations or activities. The disclosure satisfied the public interest standard, requester for search and review time
of information that already is in the the public interest will be the interest and copying costs. Where a disclosure
public domain, in either a duplicative or primarily served by disclosure to that officer determines or estimates that a
a substantially identical form, would requester. Disclosure to data brokers or total fee to be charged under this section
not be as likely to contribute to such others who merely compile and market will be more than $250.00, the
understanding where nothing new government information for direct disclosure officer will require the
would be added to the public’s economic return will not be presumed requester to make an advance payment
understanding. to primarily serve the public interest. of an amount up to the entire
(iii) The contribution to an (4) Where only some of the records to anticipated fee before beginning to
understanding of the subject by the be released satisfy the requirements for process the request. The disclosure
public likely to result from disclosure: a waiver of fees, a waiver will be officer may waive the advance payment
Whether disclosure of the requested granted only for those records. where the disclosure officer receives a
information will contribute to ‘‘public (5) Requests for the waiver or satisfactory assurance of full payment
understanding.’’ The disclosure must reduction of fees should address the from a requester who has a history of
contribute to the understanding of a factors listed in paragraph (a) of this prompt payment of an amount similar to
reasonably broad audience of persons section, insofar as they apply to each the one anticipated by the request.
interested in the subject, as opposed to request. (2) Where a requester has previously
the individual understanding of the (b) Submission. Requests for waiver or failed to pay a properly charged FOIA
requester. A requester’s expertise in the reduction of fees must be submitted fee to any component of the Department
subject area and ability and intention to along with the request or before of Labor within 30 days of the date of
effectively convey information to the processing of the request has been billing, a disclosure officer will require
public will be considered. It will be commenced. the requester to pay the full amount
presumed that a representative of the (c) Appeal rights. The procedures for due, plus any applicable interest as
news media will satisfy this appeal under 70.22 and 70.23 will provided in § 70.40(f) and to make an
consideration. control. advance payment of the full amount of
(iv) The significance of the any anticipated fee, before the
contribution to public understanding: § 70.42 Consent to Pay Fees. disclosure officer begins to process a
Whether the disclosure is likely to (a) The filing of a request under this new request or appeal or continues to
contribute ‘‘significantly’’ to public subpart will be deemed to constitute an process a pending request or appeal
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understanding of government operations agreement by the requester to pay all from that requester.
or activities. The public’s understanding applicable fees charged under this part (3) For a request other than those
of the subject in question must be up to and including $25.00, unless the described in paragraphs (c) (1) and (2)
enhanced by the disclosure to a requester seeks a waiver of fees. When of this section, a disclosure officer will
significant extent. making a request, the requester may not require the requester to make an

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advance payment before beginning to implementing the Civil Service Reform maintained by some of these, as listed in the
process a request. Payment owed for Act of 1978 and the Foreign Service Act United States Government Manual.
work already completed on a request of 1980 for the year 2000 and thereafter The heads of the following agencies will
make available for inspection and copying in
pursuant to consent of the requester is are also available at http://www.union- accordance with the provisions of this part,
not an advance payment and a reports.dol.gov. records in their custody or in the custody of
disclosure officer may require the (c) Pursuant to 29 U.S.C. 435(c) which component units within their organizations,
requester to make a payment for such provides that the Secretary will by either directly or through their authorized
work prior to releasing any records to regulation provide for the furnishing of representative in particular offices and
the requester. copies of the documents listed in locations.
(d) Time limits to respond extended paragraph (a) of this section, upon (1) Office of the Secretary of Labor
when advance payments are requested. payment of a charge based upon the cost (2) Office of the Solicitor of Labor
When a component has requested an (3) Office of Administrative Law Judges
of the service, these documents are (4) Office of the Assistant Secretary for
advance payment of fees in accordance available at a cost of $ .15 per page for Administration and Management
with paragraph (c) of this section, the record copies furnished. Authentication (5) Office of the Assistant Secretary for
time limits prescribed in § 70.25 will of copies is available in accordance with Congressional and Intergovernmental
only begin to run after the component the fee schedule established in § 70.40. Affairs
has received the advance payment. In accordance with 5 U.S.C. (6) Office of the Inspector General
552(a)(4)(A)(vi), the provisions for fees, (7) Office of the Assistant Secretary for Policy
§ 70.44 Other rights and services. (8) Office of the Assistant Secretary for Public
fee waivers and fee reductions in Affairs
Nothing in this subpart will be subpart C of this part do not supersede
construed to entitle any person, as of (9) Bureau of International Labor Affairs
these charges for these documents. (10) Bureau of Labor Statistics
right, to any service or to the disclosure (d) Upon request of the Governor of a (11) Office of the Assistant Secretary for
of any records to which such person is State for copies of any reports or Employment Standards Administration
not entitled under the FOIA. documents filed pursuant to sections (12) Office of the Assistant Secretary for
201, 202, 203, or 211 of the Labor- Employment and Training
§ 70.45–70.52 [Reserved] Administration
Management Reporting and Disclosure
(13) Office of the Assistant Secretary for Mine
Subpart D—Public Records and Filings Act of 1959 (73 Stat. 524–528, 79 Stat. Safety and Health Administration
888; 29 U.S.C. 431–433, 441), or for (14) Office of the Assistant Secretary for
§ 70.53 Office of Labor-Management
information contained therein, which Occupational Safety and Health
Standards.
have been filed by any person whose Administration
(a) The following documents in the principal place of business or (15) Office of the Assistant Secretary for
custody of the Office of Labor- headquarters is in such State, the Office Employee Benefits Security
Management Standards are public of Labor-Management Standards will: Administration
information available for inspection (1) Make available without payment (16) Office of the Assistant Secretary for
and/or purchase of copies in accordance Veterans’ Employment and Training
of a charge to the State agency Service
with paragraphs (b) and (c) of this designated by law or by such Governor, (17) Office of the Associate Deputy Secretary
section. such requested copies of information for Adjudication
(1) Data and information contained in and data, or (18) Women’s Bureau
any report or other document filed (2) Require the person who filed such (19) Employees’ Compensation Appeals
pursuant to sections 201, 202, 203, 211, reports and documents to furnish such Board
301 of the Labor-Management Reporting copies or information and data directly (20) Administrative Review Board
and Disclosure Act of 1959 (73 Stat. to the State agency thus designated.
(21) Benefits Review Board
524–28, 530, 79 Stat. 888, 73 Stat. 530, (22) Office of the Assistant Secretary for
29 U.S.C. 431–433, 441, 461). § 70.54 Employee Benefits Security Disability Employment Policy
(2) Data and information contained in Administration. (b)(1) The titles of the responsible officials
any report or other document filed of the various independent agencies in the
(a) The annual financial reports (Form Department of Labor are listed below. This
pursuant to the reporting requirements 5500) and attachments/schedules as list is provided for information and to assist
of 29 CFR part 458, which are the filed by employee benefit plans under requesters in locating the office most likely
regulations implementing the standards the Employee Retirement Income to have responsive records. The officials may
of conduct provisions of the Civil Security Act (ERISA) are in the custody be changed by appropriate designation.
Service Reform Act of 1978, 5 U.S.C. of the Employee Benefits Security Unless otherwise specified, the mailing
7120, and the Foreign Service Act of Administration (EBSA) at the address addresses of the officials will be: U.S.
1980, 22 U.S.C. 4117. The reporting indicated in paragraph (b) of this Department of Labor, 200 Constitution
requirements are found in 29 CFR 458.3. Avenue, NW., Washington, DC 20210.
section, and the right to inspect and
(3) Data and information contained in 1. Secretary of Labor, Attention: Assistant
copy such reports, as authorized under
any report or other document filed Secretary for Administration and
ERISA, at the fees set forth in this part, Management (OASAM)
pursuant to the Congressional may be exercised at such office. 2. Deputy Solicitor, Office of the Solicitor
Accountability Act of 1995, 2 U.S.C. (b) The mailing address for the (SOL)
1351, 109 Stat. 19. documents described in this section is: 3. Chief Administrative Law Judge, Office of
(b) The documents listed in paragraph U.S. Department of Labor, Employee Administrative Law Judges (OALJ)
(a) of this section are available from: Benefits Security Administration, Public 4. Legal Counsel, OALJ
U.S. Department of Labor, Office of Documents Room, 200 Constitution 5. Assistant Secretary for Administration and
Labor-Management Standards, Public Management (OASAM)
Avenue, NW., Washington, DC 20210. 6. Deputy Assistant Secretary for
Disclosure Room, N–5608, 200
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Appendix A to Part 70—Disclosure Administration and Management,


Constitution Avenue, NW., Washington,
Officers OASAM
DC 20210. Reports filed pursuant to 7. Deputy Assistant Secretary for Security
section 201 of the Labor-Management (a) Offices in Washington, DC, are and Emergency Management, OASAM
Reporting and Disclosure Act of 1959 maintained by the following agencies of the 8. Director, Business Operations Center,
and pursuant to 29 CFR 458.3 Department of Labor. Field offices are OASAM

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9. Director, Procurement Service Center, 11. Deputy Administrator for Policy, Wage 18. Administrator, Office of Apprenticeship
OASAM and Hour Division, ESA Training, Employer and Labor Services,
10. Director, Civil Rights Center, OASAM 12. Deputy Administrator for Operations, ETA
11. Director, Human Resources Center, Wage and Hour Division, ESA 19. Administrator, Office of Workforce
OASAM 13. Senior Policy Advisor, Wage and Hour Investment, ETA
12. Director, Information Technology Center, Division, ESA 20. Director, Office of Adult Services, ETA
OASAM 14. Director, Office of Enforcement Policy, 21. Director, Office of Youth Services, ETA
13. Director, Human Resource Services Wage and Hour Division, ESA 22. Administrator, Office of Workforce
Center, OASAM 15. Deputy Director, Office of Enforcement Security, ETA
14. Director, Departmental Budget Center, Policy, Wage and Hour Division, ESA 23. Deputy Director, Office of Workforce
OASAM 16. Chief, Branch of Service Contracts Wage Security, ETA
15. Director, Center for Program Planning and Determination, Wage and Hour Division, 24. Administrator, Office of National
Results, OASAM Response, ETA
ESA
16. Chief Financial Officer, Office of the 25. Director, Division of Trade Adjustment
17. Chief, Branch of Davis-Bacon Wage
Chief Financial Officer (CFO) Assistance, ETA
17. Administrative Officer, CFO Determination, Wage and Hour Division,
18. Director, Office of Small Business ESA Occupational Safety and Health
Programs (OSBP) 18. Director, Office of Planning and Analysis, Administration
19. Chief Administrative Appeals Judge, Wage and Hour Division, ESA
1. Assistant Secretary, Occupational Safety
Employees’ Compensation Appeals 19. Director, Office of Wage Determinations,
and Health Administration (OSHA)
Board (ECAB) Wage and Hour Division, ESA
2. Director, Office of Communications, OSHA
20. Chief Administrative Appeals Judge, 20. Director, Office of External Affairs, Wage
3. Director, Office of Equal Employment
Administrative Review Board (ARB) and Hour Division, ESA
Opportunity, OSHA
21. Chief Administrative Appeals Judge, 21. Deputy Director, Office of External
4. Director, Directorate of Construction,
Benefits Review Board (BRB) Affairs, Wage and Hour Division, ESA
OSHA
22. Director, Women’s Bureau (WB) 22. Deputy Assistant Secretary for Federal 5. Director, Directorate of Cooperative and
23. National Office Coordinator, WB Contract Compliance Programs (OFCCP), State Programs, OSHA
24. Assistant Secretary, Office of ESA 6. Director, Directorate of Evaluation and
Congressional and Intergovernmental 23. Director, Division of Policy, Planning and Analysis, OSHA
Affairs (OCIA) Program Development, OFCCP, ESA 7. Director, Directorate of Administrative
25. Deputy Assistant Secretary, OCIA 24. Deputy Director, Division of Policy, Programs, OSHA
26. Assistant Secretary for Policy (ASP) Planning and Program Development, 8. Director, Directorate of Information
27. Deputy Assistant Secretary, ASP OFCCP, ESA Technology, OSHA
28. Assistant Secretary, Office of Public 25. Director, Division of Program Operations, 9. Director, Directorate of Enforcement
Affairs (OPA) OFCCP, ESA Programs, OSHA
29. Deputy Assistant Secretary, OPA 26. Deputy Director, Division of Program 10. Director, Directorate of Science,
30. Director, Office of Administrative Review Operations, OFCCP, ESA Technology and Medicine, OSHA
Board (ARB) 27. Director, Division of Management and 11. Director, Directorate of Standards and
31. Disclosure Officer, Office of the Inspector Administrative Programs, OFCCP, ESA Guidance, OSHA
General (OIG) 28. Deputy Assistant Secretary for Labor-
32. Deputy Under Secretary, Bureau of Management Programs (OLMS), ESA Employee Benefits Security Administration
International Labor Affairs (ILAB) Director, Office of Participant Assistance &
33. Secretary of the National Administrative Employment and Training Administration
Communications, Employee Benefits
Office, ILAB 1. Assistant Secretary of Labor, Employment Security Administration (EBSA)
34. Deputy Assistant Secretary, Office of and Training Administration (ETA)
Disability Policy (ODEP) 2. Administrator, Business Relations Group, Veterans’ Employment and Training Service
35. Special Assistant to the Deputy Assistant ETA 1. Assistant Secretary for Veterans’
Secretary, ODEP 3. Administrator, Office of Policy Employment and Training (VETS)
36. Director, Office of Job Corps Development, Evaluation and Research, 2. Deputy Assistant Secretary for Veterans’
37. Ombudsman under Part E of the Energy ETA Employment and Training, VETS
Employees Occupational Illness 4. Director, Office of Equal Employment 3. Director, Office of Operations and
Compensation Program Act Opportunity, ETA Programs, VETS
Employment Standards Administration 5. Director, Office of Outreach, ETA
6. Deputy Assistant Secretary of Labor, Bureau of Labor Statistics
1. Assistant Secretary for Employment 1. Commissioner, Bureau of Labor Statistics
Employment and Training
Standards, Employment Standards (BLS)
Administration (ESA) Administration, ETA
7. Administrator, Office of Financial and 2. Associate Commissioner, Office of
2. Director, Equal Employment Opportunity
Administrative Management, ETA Administration, BLS
Unit, ESA
3. Director, Office of Management, 8. Director, Office of Financial and The mailing address for responsible
Administration and Planning (OMAP), Administrative Services, ETA officials in the Bureau of Labor Statistics is:
ESA 9. Director, Office of Grants and Contracts Room 4040—Postal Square Building, 2
4. Director, Office of Workers’ Compensation Management, ETA Massachusetts Avenue, NE., Washington, DC
Programs (OWCP), ESA 10. Chief, Division of Federal Assistance, 20212.
5. Director, Division of Planning, Policy and ETA
11. Chief, Division of Contract Services, ETA Mine Safety and Health Administration
Standards, OWCP, ESA
6. Director for Federal Employees’ 12. Director, Office of Human Resources, The mailing address for all requests
Compensation, OWCP, ESA ETA directed to the Mine Safety and Health
7. Director for Longshore and Harbor 13. Administrator, Office of Performance and Administration (MSHA) is: 1100 Wilson
Workers’ Compensation, OWCP, ESA Results, ETA Boulevard, 21st Floor, Arlington, Virginia
8. Director for Coal Mine Workers’ 14. Administrator, Office of Regional 22209.
Operations, ETA 1. Assistant Secretary, MSHA
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Compensation, OWCP, ESA


9. Director for Energy Employment 15. Administrator, Office of Technology, ETA 2. Deputy Assistant Secretary, MSHA
Occupational Illness Compensation 16. Administrator, Office of National 3. Director, Office of Program Education and
Program, OWCP, ESA Programs, ETA Outreach, MSHA
10. Administrator, Wage and Hour Division, 17. Chief, Division of Foreign Labor 4. Director of Administration and
ESA Certification, ETA Management, MSHA

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5. Administrator, Coal Mine Safety and 801 Walnut Street, Room 200 6. Federal Building, 525 South Griffin Street,
Health (CMS&H), MSHA Kansas City, Missouri 64106 Room 840, Dallas, Texas 75202
6. Chief, Health Division, CMS&H, MSHA (OFCCP only) 7. 71 Stevenson Street, Suite 1700, San
7. Chief, Safety Division, CMS&H, MSHA Region VIII Francisco, California 94105
8. Accident Investigation Program Manager, 8. 1111 Third Avenue, Suite 610, Seattle,
CMS&H, MSHA 1999 Broadway Street Washington 98101
9. Administrator, Metal and Nonmetal Mine Denver, Colorado 80202
Safety and Health (M/NM), MSHA (For Wage and Hour and OFCCP: Contact Office of Workers’ Compensation Programs
10. Chief, Health Division, M/NM, MSHA Region VI) ESA, Responsible Officials, District Directors
11. Chief, Safety Division, M/NM, MSHA 1999 Broadway, Suite 600 1. John F. Kennedy Federal Building, Room
12. Accident Investigation Program Manager, Denver, Colorado 80202 E–260, Boston, Massachusetts 02203
M/NM, MSHA (OWCP only) (FECA and LHWCA only)
13. Director of Assessments, MSHA The mailing address for the Regional 2. 201 Varick Street, Seventh Floor, Room
14. Director of Technical Support, MSHA Director, Bureau of Apprenticeship and 750, New York, New York 10014
15. Director of Educational Policy and Training in Region VIII is: U.S. Custom (LHWCA and FECA only )
Development, MSHA House 721 19th Street, Room 465, Denver, 3. The Curtis Center, 170 South
16. Director of Standards, Regulations, and Colorado 80202 Independence Mall West, Philadelphia,
Variances, MSHA Pennsylvania 19106 (LHWCA and FECA
17. Director of Program Evaluation and Region IX
only)
Information Resources, MSHA 71 Stevenson Street 4. Penn Traffic Building, 319 Washington
San Francisco, California 94105 Street, Johnstown, Pennsylvania 15901
Office of Administrative Law Judges
Region X (BLBA only)
The mailing address for the Office of 5. 105 North Main Street, Suite 100, Wilkes-
Administrative Law Judges is: Office of 1111 Third Avenue
Barre, Pennsylvania 18701 (BLBA only)
Administrative Law Judges, 800 K Street, Seattle, Washington 98101
6. Wellington Square, 1225 South Main
NW., Suite N–400, Washington, DC 20001. (For Wage and Hour only: Contact Region IX)
Street, Suite 405, Greensburg,
Regional Offices 1. Regional Administrator for Administration Pennsylvania 15601 (BLBA only)
and Management (OASAM) 7. The Federal Building, 31 Hopkins Plaza,
(2) The titles of the responsible officials in 2. Regional Personnel Officer, OASAM
the regional offices of the various Room 410–B, Baltimore, Maryland 21201
3. Regional Director for Information and (LHWCA only)
independent agencies are listed below: Public Affairs, Office of Public Affairs
Unless otherwise specified, the mailing 8. Federal Building, 200 Granby Mall, Room
(OPA) #212, Norfolk, Virginia 23510 (LHWCA
address for these officials by region, will be: 4. Regional Administrator for Occupational only)
Region I Safety and Health (OSHA) 9. 2 Hale Street, Suite 304, Charleston, West
U.S. Department of Labor 5. Regional Commissioner, Bureau of Labor
Virginia 25301 (BLBA only)
John F. Kennedy Federal Building Statistics (BLS)
10. 425 Juliana Street, Suite 3116,
Boston, Massachusetts 02203 6. Regional Administrator for Employment
Parkersburg, West Virginia 26101 (BLBA
(For Wage and Hour only: Contact Region III) and Training Administration (ETA)
only)
(For the following regions Boston, New York,
Region II 11. 800 North Capitol Street, NW., Room 800,
Philadelphia, Atlanta, Dallas, Chicago
Washington, DC 20211 (FECA only)
201 Varick Street and San Francisco)
12. 164 Main Street, Suite 508, Pikeville,
New York, New York 10014 7. Associate Regional Administrator for ETA
Kentucky 41501 (BLBA only)
(For Wage and Hour only: Contact Region III) (For the following locations Denver, Kansas
13. 402 Campbell Way, Mt. Sterling,
Region III City and Seattle)
Kentucky 40353 (BLBA only)
8. Regional Director, Job Corps
The Curtis Center 9. Director, Regional Office of 14. 214 N. Hogan Street, 10th Floor, Room
170 South Independence Mall West Apprenticeship and Training, Employer 1026, Jacksonville, Florida 32202
Suite 825 East and Labor Services, ETA (LHWCA and FECA only)
Philadelphia, Pennsylvania 19106 10. Regional Administrator for Wage and 15. 230 South Dearborn Street, Room 800,
Hour, ESA Chicago, Illinois 60604 (LHWCA and
Region IV
11. Deputy Regional Administrator for Wage FECA only)
U.S. Department of Labor 16. 1240 East 9th Street, Room 851,
and Hour, ESA
Atlanta Federal Center Cleveland, Ohio 44199 (FECA only)
12. Regional Operations Manager for Wage
61 Forsyth Street, SW., 17. 1160 Dublin Road, Suite 300, Columbus,
and Hour, ESA
Atlanta, Georgia 30303 Ohio 43214 (BLBA only)
13. Regional Director for Federal Contract
214 N. Hogan Street, Suite 1006 Compliance Programs, ESA 18. 525 Griffin Street, Federal Building,
Jacksonville, Florida 32202 14. Regional Director for the Office of Dallas, Texas 75202 (FECA only)
(OWCP only) Workers’ Compensation Programs, ESA 19. 701 Loyola Avenue, Room 13032, New
Region V 15. District Director, Office of Workers’ Orleans, Louisiana 70113 (LHWCA only)
Compensation Programs, ESA 20. 8866 Gulf Freeway, Suite 140, Houston,
Kluczynski Federal Building Texas 77017 (LHWCA only)
230 South Dearborn Street Office of Federal Contract Compliance 21. City Center Square, Suite 750, 1100 Main
Chicago, Illinois 60604 Programs ESA, Responsible Offices, Regional Street, Kansas City, Missouri 64105
1240 East Ninth Street, Room 851 Offices (FECA only)
Cleveland, Ohio 44199 1. JFK Federal Building, Room E–235, 22. 1999 Broadway, Suite 600, Denver,
(FECA only) Boston, Massachusetts 02203 Colorado 80202 (FECA and BLBA only)
Region VI 2. 201 Varick Street, Room 750, New York, 23. 71 Stevenson Street, Suite 1705, San
525 Griffin Square Building New York 10014 Francisco, California 94105 (LHWCA
Griffin & Young Streets 3. The Curtis Center, 170 South and FECA only)
Dallas, Texas 75202 Independence Mall West, Philadelphia, 24. 401 E. Ocean Boulevard, Suite 720, Long
Pennsylvania 19106 Beach, California 90802 (LHWCA only)
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Region VII 4. 61 Forsyth Street, S.W., Suite 7B75, 25. 300 Ala Moana Boulevard, Room 5–135,
City Center Square Building Atlanta, Georgia 30303 Honolulu, Hawaii 96850 (LHWCA only)
1100 Main Street 5. Klucynski Federal Building, 230 South 26. 1111 3rd Avenue, Suite 620, Seattle,
Kansas City, Missouri 64105 Dearborn Street, Room 570, Chicago, Washington 98101 (LHWCA and FECA
(For Wage and Hour only: Contact Region V) Illinois 60604 only)

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Mine Safety & Health Administration Field 5. 1441 Main Street, Room 550, Springfield, 39. 3780 I–55 North, Suite 210, Jackson,
Offices Massachusetts 01103 Mississippi 39211
The mailing address for all requests 6. 202 Harlow Street, Room 211, Bangor, 40. 3737 Government Boulevard, Suite 100,
directed to the field office of the Mine Safety Maine 04401 Mobile, Alabama 36693
and Health Administration (MSHA) is: 7. West Tower, 100 Middle Street, Suite 410 41. 2002 Richard Jones Road, Suite C–205,
West, Portland, Maine 04101 Nashville, Tennessee 37215
1. Coordinator, Mine Emergency Unit, 1301 8. Federal Office Building, 380 Westminister 42. John C. Watts Federal Building, 330 West
Airport Road, Beaver, West Virginia Mall, Room 543, Providence, Rhode Broadway, Room 108, Frankfort,
25813–9426 Island 02903 Kentucky 40601
2. Superintendent, National Mine Health and 9. Valley Office Park, 13 Branch Street, 43. LaVista Perimeter Office Park, 2183 N.
Safety Academy, 1301 Airport Road, Methuen, Massachusetts 01844 Lake Parkway, Building 7, Suite 110,
Beaver, West Virginia 25813–9426 10. 201 Varick Street, Room 646, New York, Tucker, Georgia 30084
3. Chief, Safety and Health Technology New York 10014 44. Century Station Federal Office Building,
Center, P.O. Box 18233, Pittsburgh, 11. 1400 Old Court Road, Room 208, 300 Fayetteville Mall, Room 438,
Pennsylvania 15236 Westbury, New York 11590 Raleigh, North Carolina 27601
4. Chief, Approval and Certification Center, 12. 42–40 Bell Boulevard, Bayside, New York 45. 1600 167th Street, Suite 9, Calumet City,
R.R. 1, Box 251, Industrial Park Road, 11361 Illinois 60409
Triadelphia, West Virginia 26059 13. 401 New Karner Road, Suite 300, Albany, 46. 701 Lee Street, Suite 950, Des Plaines,
5. Chief, Information Resource Center, P.O. New York 12205 Illinois 60016
Box 25367, Denver, Colorado 80225– 14. Plaza 35, 1030 St. Georges Avenue, Suite 47. 11 Executive Drive, Suite 11, Fairview
0367 205, Avenel, New Jersey 07001 Heights, Illinois 62208
6. Chief, Office of Injury and Employment 15. 299 Cherry Hill Road, Suite 304, 48. 365 Smoke Tree Business Park, North
Information, P.O. Box 25367, Denver, Parsippany, New Jersey 07054 Aurora, Illinois 60542
Colorado 80225–0367 16. 3300 Vikery Road, North Syracuse, New 49. Federal Office Building, 1240 East 9th
York 13212 Street, Room 899, Cleveland, Ohio 44199
District Managers, Coal Mine Safety and 17. 5360 Genesee Street, Bowmansville, New
Health 50. Federal Office Building, 200 N. High
York 14026 Street, Room 620, Columbus, Ohio 43215
1. The Stegmaier Building, Suite 034, 7 N. 18. Triple SSS Plaza Building, 1510 F.D. 51. 46 East Ohio Street, Room 453,
Wilkes-Barre Blvd., Wilkes-Barre, Roosevelt Avenue, Suite 5B, Guaynabo, Indianapolis, Indiana 46204
Pennsylvania 18702 Puerto Rico 00968 52. 36 Triangle Park Drive, Cincinnati, Ohio
2. 319 Paintersville Road, Hunker, 19. 500 Route 17 South, 2nd Floor, 45246
Pennsylvania 15639 Hasbrouck Heights, New Jersey 07604
53. 1648 Tri Parkway, Appleton, Wisconsin
3. 604 Cheat Road, Morgantown, West 20. Marlton Executive Park, Building 2, Suite
54914
Virginia 26508 120, 701 Route 73 South, Marlton, New
54. 1310 West Clairmont Avenue, Eau Claire,
100 Bluestone Road, Mt. Hope, West Jersey 08053
Wisconsin 54701
Virginia 25880 21. 660 White Plains Road, 4th Floor,
55. Henry S. Reuss Building, 310 West
4. P.O. Box 560, Norton, Virginia 24273 Tarrytown, New York 10591
22. U.S. Customs House, Second & Chestnut Wisconsin Avenue, Room 1180,
5. 100 Fae Ramsey Lane, Pikeville, Kentucky Milwaukee, Wisconsin 53202
Streets, Room 242, Philadelphia,
41501 56. 300 South 4th Street, Suite 1205,
Pennsylvania 19106
6. 3837 S. U.S. Hwy 25E, Barbourville, Minneapolis, Minnesota 55415
23. Cabeb Boggs Federal Building, 844 N.
Kentucky 40906 57. 420 Madison Avenue, Suite 600, Toledo,
King Street, Room 2209, Wilmington,
7. 2300 Willow Street, Suite 200, Vincennes, Ohio 43604
Delaware 19801
Indiana 47591 58. 801 South Waverly Road, Suite 306,
24. Federal Office Building, 1000 Liberty
8. P.O. Box 25367, Denver, Colorado 80225– Lansing, Michigan 48917
Avenue, Room 1428, Pittsburgh,
0367 59. 4802 East Broadway, Madison, Wisconsin
Pennsylvania 15222
9. 100 YMCA Drive, Madisonville, Kentucky 53716
25. 3939 West Ridge Road, Suite B12, Erie,
42431–9019 Pennsylvania 16506 60. 2918 W. Willow Knolls Road, Peoria,
10. 135 Gemini Circle, Suite 213, 26. Federal Office Building, 200 Granby Illinois 61614
Birmingham, Alabama 35209 Street, Room 614, Norfolk, Virginia 61. 8344 East R.L. Thornton Freeway, Suite
23510 420, Dallas, Texas 75228
District Managers, Metal and Nonmetal Mine
27. Stegmaier Building, Suite 410, 7 N. 62. 1033 LaPosada Drive, Suite 375, Austin,
Safety and Health
Wilkes-Barre Blvd., Wilkes-Barre, Texas 78752
1. 547 Keystone Drive, Suite 400, 63. 9100 Bluebonnet Centre Blvd., Suite 201,
Pennsylvania 18702
Warrensdale, Pennsylvania 15086–7573 Baton Rouge, Louisiana 70809
28. 850 North 5th Street, Allentown,
2. 135 Gemini Circle, Suite 212, Birmingham, 64. Wilson Plaza 606 N. Carancahua, Suite
Pennsylvania 18102
Alabama 35209 29. 405 Capitol Street, Suite 407, Charleston, 700, Corpus Christi, Texas 78476
3. 515 W. First Street, Suite 333, Duluth, West Virginia 25301 65. Federal Office Building, 1205 Texas
Minnesota 55802–1302 30. 1099 Winterson Road, Suite 140, Avenue, Room 806, Lubbock, Texas
4. 100 Commerce Street, Room 462, Dallas, Linthicum, Maryland 21090 79401
Texas 75242–0499 31. Progress Plaza, 49 N. Progress Avenue, 66. 507 North Sam Houston Parkway, Suite
5. P.O. Box 25367, Denver, Colorado 80225– Harrisburg, Pennsylvania 17109 400, Houston, Texas 77060
0367 32. 2400 Herodian Way, Suite 250, Smyrna, 67. 17625 El Camino Real, Suite 400,
6. 2060 Peabody Road, Suite 610, Vacaville, Georgia 30080 Houston, Texas 77058
California 95687–6696 33. 450 Mall Boulevard, Suite J, Savannah, 68. 55 North Robinson, Suite 315, Oklahoma
Regional Administrator, Occupational Safety Georgia 31419 City, Oklahoma 73102
And Health Administration (OSHA) 34. Vestavia Village, 2047 Canyon Road, 69. North Starr II, 8713 Airport Freeway,
Birmingham, Alabama 35216 Suite 302, Fort Worth, Texas 76180
Area Director, OSHA 35. 8040 Peters Road, Building H–100, Fort 70. TCBY Building, 425 West Capitol
1. 639 Granite Street, 4th Floor, Braintree, Lauderdale, Florida 33324 Avenue, Suite 450, Little Rock, Arkansas
Massachusetts 02184 36. Ribault Building, 1851 Executive Center 72201
2. 279 Pleasant Street, Suite 201, Concord, 71. 700 E. San Antonio Street, Room C–408,
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Drive, Suite 227, Jacksonville, Florida


New Hampshire 03301 32207 El Paso, Texas 79901
3. Federal Building, 450 Main Street, Room 37. 5807 Breckenridge Parkway, Suite A, 72. 6200 Connecticut Avenue, Suite 100,
613, Hartford, Connecticut 06103 Tampa, Florida 33610 Kansas City, Missouri 64120
4. 1057 Broad Street, 4th Floor, Bridgeport, 38. 1835 Assembly Street, Room 1468, 73. 911 Washington Avenue, Room 420, St.
Connecticut 06604 Columbia, South Carolina 29201 Louis, Missouri 63101

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74. 210 Walnut Street, Room 815, Des 870 West, Philadelphia, Pennsylvania Region III
Moines, Iowa 50309 19106 U.S. Customs House
75. 217 West 3rd Street, Room 400, Wichita, 4. District Supervisor, 1335 East-West Second and Chestnut Streets, Room 802
Kansas 67202 Highway, Suite 200, Silver Spring, Philadelphia, Pennsylvania 19106
76. Overland-Wolf Building, 6910 Pacific Maryland 20910
Street, Room 100, Omaha, Nebraska 5. Regional Director, 61 Forsyth Street, S.W., Region IV
68106 Room 7B54, Atlanta, Georgia 30303 Sam Nunn Atlanta Federal Center
77. 2900 Fourth Avenue North, Suite 303, 6. District Supervisor, 8040 Peters Road, 61 Forsyth Street, S.W., Room 6T85
Billings, Montana 59101 Building H, Suite 104, Plantation, Atlanta, Georgia 30303
78. 1640 East Capitol Avenue, Bismarck, Florida 33324 Region V
North Dakota 58501 7. Regional Director, 1885 Dixie Highway,
79. 7935 East Prentice Avenue, Suite 209, 230 South Dearborn, Room 1064
Suite 210, Ft. Wright, Kentucky 41011
Greenwood Village, Colorado 80111 Chicago, Illinois 60604
8. District Supervisor, 211 West Fort Street,
80. 1391 Speer Boulevard, Suite 210, Denver, Suite 1310, Detroit, Michigan 48226 Region VI
Colorado 80204
9. Regional Director, 200 West Adams Street, 525 Griffin Street, Room 858
81. 705 North Plaza, Room 204, Carson City,
Suite 1600, Chicago, Illinois 60606 Dallas, Texas 75202
Nevada 89701
10. Regional Director, 1100 Main Street, Suite Region VII
82. 3221 North 16th Street, Suite 100,
Phoenix, Arizona 85016 1200, Kansas City, Missouri 64105
11. District Supervisor, Robert Young Federal City Center Square Building
83. 5675 Ruffin Road, Suite 330, San Diego, 1100 Main Street, Suite 850
California 92123 Building, 1222 Spruce Street, Room
6.310, St. Louis, Missouri 63103 Kansas City, Missouri 64105
84. 160 E 300 South, Heber-Wells Building,
P.O. Box 146650, Salt Lake City, Utah 12. Regional Director, 525 Griffin Street, Region VIII
84114–6650 Room 900, Dallas, Texas 75202 1999 Broadway, Suite 1730
85. 301 West Northern Lights Boulevard, 13. Regional Director, 71 Stevenson Street, Denver, Colorado 80202
Suite 407, Anchorage, Alaska 99503 Suite 915, P.O. Box 190250, San
Region IX
86. 1150 N. Curtis Road, Suite 201, Boise, Francisco, California 94119
Idaho 83706 14. District Director, 1111 Third Avenue, 71 Stevenson Street, Suite 705
87. 505 106th Avenue, Northeast, Suite 302, Room 860, Seattle, Washington 98101 San Francisco, California 94105
Bellevue, Washington 98004 15. Regional Director, 1055 E. Colorado Blvd, Region X
88. Federal Office Building, 1220 Southwest Suite 200, Pasadena, California 91106 1111 Third Avenue, Suite 800
Third Avenue, Room 640, Portland, Seattle, Washington 98101
Regional Administrators, Veterans’
Oregon 97204
Employment and Training Service (VETS)
Appendix B to Part 70—[Reserved]
Employee Benefits Security Administration Region I
Regional Director or District Supervisor Signed at Washington, DC, this 22nd day
J.F. Kennedy Federal Building
1. Regional Director, J.F.K. Federal Building, Government Center, Room E–315 of May 2006.
Room 575, Boston, Massachusetts 02203 Boston, Massachusetts 02203 Steven J. Law,
2. Regional Director, 201 Varick Street, New Deputy Secretary of Labor.
York, New York 10014 Region II
3. Regional Director, The Curtis Center, 170 201 Varick Street, Room 766 [FR Doc. 06–4885 Filed 5–26–06; 8:45 am]
South Independence Mall West, Suite New York, New York 10014 BILLING CODE 4510–23–P
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