processing filings with the Office made pursuant to 12 CFR parts 563b, 563d, and 563g. These fees will be published as set forth in §502.6 of this part at least thirty days before such fees are effective, except that in 1990, such fees shall be effective ten days after publication in the Thrift Bulletin as set forth in §502.6 of this part.

(e) In the event that the Office cannot complete its review of an application because it is found to be materially deficient and the Office accordingly refuses to accept the application for processing, the applicant must pay a new application fee at the time of filing any revised application.

(f) All application fees must be paid at the time of filing by check payable to the Office of Thrift Supervision. No part of a filing fee is refundable.

(g) When a transaction involves the filing of a number of different applications, the appropriate filing fees must be paid for each type of application filed, except as otherwise specifically provided in the Thrift Bulletin published pursuant to §502.6 of this part.

(h) Each submission must be accompanied by a statement of the amount of the fee for each application and filing submitted and how the fee was calculated.

§ 502.4 Collection of fees and assessments.

(a) Debit at Federal Home Loan Banks. Each institution that is subject to fees and assessments under §§ 502.1 and 502.2 of this part and a member of a Federal Home Loan Bank, shall establish at its Federal Home Loan Bank a demand deposit account for the purpose of paying such fees and assessments. Each institution shall maintain funds in such account in sufficient amount to pay its obligations to the Office. Each Federal Home Loan Bank shall debit such account directly to effectuate payment of assessments and fees to the Office. The Director shall mail a payment notice to each such institution at least seven days prior to the date that any such account is to be debited to pay the member institution's obligations to the Office, which notice shall specify the date on which the debit is to occur. The Director shall also notify each Federal

Home Loan Bank that such accounts are to be debited.

(b) Direct billing of institutions. As an alternative to the payment mechanism described in paragraph (a) of this section, the Director may collect assessments and fees by sending notice and demand for direct payment thereof to an assessed institution. In such case, the institution shall pay the assessment or fee not later than the date specified in the notice which shall be at least seven days after the date of such notice. This payment procedure shall be used to collect assessments and fees from assessed institutions that are not members of a Federal Home Loan Bank or are affiliates that are not savings associations.

(c) Failure to Pay. If any holding company, affiliate, or subsidiary of a savings association fails to pay any fee before the end of the 60-day period beginning on the date such fee is imposed, following the end of the 60-day period, the Director may assess such fee, including interest, against and collect it from such savings association. If any such entity is a holding company, subsidiary, or affiliate of more than one savings association, the fee may be levied against each such savings association in such proportion as the Director may prescribe.

(d) In the case of any savings association for which the Office has determined to appoint the Resolution Trust Corporation as conservator or receiver, the Office may obtain payment from such savings association for fees or assessments due and outstanding under § 502.1, 502.2 or 502.3 of this part by debiting its account at its local Federal Home Loan Bank or by direct billing pursuant to paragraph (b) of this section.

§ 502.5 Interest.

For all institutions, overdue examination fees and asset-based assessments shall bear interest. Such interest shall be calculated at a rate (to be determined quarterly) equal to 150 percent of the average of the bond-equivalent rates of 13-week Treasury bills auctioned during the preceding calendar quarter. Asset-based assessment payments shall be considered delinquent if received after the time for

payment specified in § 502.1 of this part as updated by the most recent applicable Thrift Bulletin issues pursuant to § 502.6 of this part. Examination and investigation fees will be considered delinquent if not received within 30 days of the invoice date.

§ 502.6 Notice of fees.

(a) A Thrift Bulletin shall be published in the last quarter of each year setting forth all fees to be charged by the Office for the next calendar year. Thrift Bulletins, providing updated fee schedules, in the Director's discretion, may be published from time to time throughout the year as necessary. Such Thrift Bulletins may set forth application fees to be charged by the Office for new types of applications developed by the Office in the period between publication of the annual Thrift Bulletins setting forth the fee schedule for the ensuing year.

(b) Notwithstanding paragraph (a) of this section, fees to cover the costs of processing applications received by this Office beginning ten days following the publication of the first Thrift Bulletin in 1990 pursuant to paragraph (a) of this section shall be payable immediately.

§ 502.7 Other charges.

The Director, or his or her designee, may impose additional charges to cover the cost of providing various services, including, but not necessarily limited to, publications, seminars, certifications for official copies of agency documents and records and services performed at the request of other agencies.

Sec.

PART 503-PRIVACY ACT

503.1 Scope and procedures. 503.2 Exemptions of records containing in

vestigatory material compiled for law enforcement purposes.

AUTHORITY: 5 U.S.C. 552a; 12 U.S.C. 1462a, 1463, 1464.

CROSS REFERENCE: See 31 CFR part 1, subpart C.

§ 503.1 Scope and procedures.

(a) In general. The Privacy Act regulations of the Department of the Treas

of

ury, 31 CFR part 1, subpart C, apply to the Office as a component part of the Department of the Treasury. This part 503 sets forth, for the Office, specific notification and access procedures with respect to particular systems records, and identifies the officials designated to make the initial determinations with respect to notification and access to records and accountings of disclosures of records. This part 503 also sets forth the specific procedures for requesting amendment of records and identifies the officials designated to make the initial and appellate determinations with respect to requests for amendment of records. It identifies the officials designated to grant extensions of time on appeal, the officials with whom "Statements of Disagreement" may be filed, the official designated to receive service of process and the addresses for delivery of requests, appeals, and service of process. In addition, it references the notice of systems of records and notices of the routine uses of the information in the system required by 5 U.S.C. 552a(e) (4) and (11) and published annually by the Office of the Federal Register in "Privacy Act Issuances."

(b) Requests for notification and access to records and accountings of disclosures. Initial determinations under 31 CFR 1.26, whether to grant requests for notification and access to records and accountings of disclosures for the Office, will be made by the head of the organizational unit having immediate custody of the records requested or an official designated by this official. This is indicated in the appropriate system notice in "Privacy Act Issuances" published annually by the Office of the Federal Register. Requests for information and specific guidance on where to send requests for records may be mailed or delivered personally to: Privacy Act Request, Office of Congressional Relations and Communications, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.

(c) Requests for amendment of records. Initial determinations under 31 CFR 1.27(a) through (d), whether to grant requests to amend records will be made by the head of the organizational unit having immediate custody of the records or the delegate of such official.

Requests for amendment should be addressed to: Privacy Act Amendment Request, Office of Congressional Relations and Communications, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.

(d) Administrative appeal of initial determinations refusing amendment of records. Appellate determinations refusing amendment of records under 31 CFR 1.27(e) including extensions of time on appeal, with respect to records of the Office will be made by the Director of the Office of Thrift Supervision ("Director") or Chief Counsel or the delegate of the Director or Chief Counsel. Appeals made by mail should be addressed to, or delivered personally to: Privacy Act Amendment Appeal, Office of Congressional Relations and Communications, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.

(e) Statements of disagreement. "Statements of Disagreement” under 31 CFR 1.27(e)(4)(i) shall be filed with the Deputy Director for Washington Operations at the address indicated in the letter of notification within 35 days of the date of such notification and should be limited to one page.

(f) Service of process. Service of process will be received by the Chief Counsel's Office or the delegate of such official and shall be delivered to the following location: Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.

(g) Annual notice of systems of records. The annual notice of systems of records is published by the Office of the Federal Register, as specified in 5 U.S.C. 552a(f). The publication is entitled "Privacy Act Issuance." Any specific requirements for access, including identification requirements, in addition to the requirements set forth in 31 CFR 1.26 and 1.27 are indicated in the notice for the pertinent system.

[54 FR 49443, Nov. 30, 1989, as amended at 59 FR 18475, Apr. 19, 1994]

§ 503.2 Exemptions of records containing investigatory material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records, entitled the "Confidential Individual Information System." The purpose of this system is to

assist the Office in the accomplishment of its statutory and regulatory responsibilities in connection with supervision of savings associations. This system will be exempt from certain provisions of the Privacy Act of 1974 for the reasons set forth in paragraph (c) of this section.

(b) Exemptions Under 5 U.S.C. 552a(k)(2). (1) Pursuant to 5 U.S.C. 552a(k)(2), the head of an agency may issue rules to exempt any system of records within the agency from certain provisions of the Privacy Act of 1974 if the system contains investigatory material compiled for law enforcement purposes.

(2) Provisions of the Privacy Act of 1974 from which exemptions will be made under 5 U.S.C. 552a(k)(2) are as follows:

(i) 5 U.S.C. 552a(c)(3);

(ii) 5 U.S.C. 552a(d)(1), (d)(2), (d)(3), and (d)(4);

(iii) 5 U.S.C. 552a(e)(1);

(iv) 5 U.S.C. 552a(e)(4)(G), (e)(4)(H), and (e)(4)(I); and

(v) 5 U.S.C. 552a(f).

(c) Reasons for exemptions under 5 U.S.C. 552a(k)(2). (1) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of disclosures of records available to individuals named in the records at their request. These accountings must state the date, nature, and purpose of each disclosure of a record and the name and address of the recipient. The application of this provision would make known to subjects of an investigation that an investigation is taking place and that they are the subjects of it. Release of such information could result in the alteration or destruction of documentary evidence, improper influencing of witnesses, and reluctance of witnesses to offer information, and could otherwise impede or compromise an investigation.

(2) 5 U.S.C. 552a(d)(1), (d)(2), (d)(3), and (d)(4), (e)(4)(G) and (e)(4)(H), and (f), relate to an individual's right to be notified of the existence of, and the right to examine, records pertaining to such individual. Notifying an individual at the individual's request of the existence of records and allowing the individual to examine an investigative file pertaining to such individual, or

granting access to an investigative file, could:

(i) Interfere with investigations and enforcement proceedings;

(ii) Constitute an unwarranted invasion of the personal privacy of others; (iii) Disclose the identity of confidential sources and reveal confidential information supplied by those sources; or (iv) Disclose investigative techniques and procedures.

(3) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in each system. Application of this provision could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality, thus compromising the agency's ability to conduct investigations and to identify, detect, and apprehend violators.

(4) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only information about an individual that is relevant and necessary to accomplish a purpose of the agency required by statute or Executive Order. Limiting the system as described would impede enforcement activities because:

(i) It is not always possible to determine the relevance or necessity of specific information in the early stages of an investigation; and

(ii) In any investigation the Office may obtain information concerning violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the Office should retain this information to aid in establishing patterns of criminal activity, and to provide leads for those law enforcement agencies charged with enforcing criminal or civil laws.

(d) Documents exempted. Exemptions will be applied only when appropriate under 5 U.S.C. 552a(k).

[55 FR 31371, Aug. 2, 1990]

AUTHORITY: E.O. 12356, 3 CFR, 1982 Comp., p. 166.

SOURCE: 54 FR 49443, Nov. 30, 1989, unless otherwise noted.

§ 504.1 Purpose and scope.

(a) This part is issued by the Office pursuant to the requirement of subpart E of Executive Order 12356, 47 FR 27839 (1982) ("the Order"), that unclassified regulations that establish information security policy and unclassified guidelines for systematic declassification review, which affect the public, be published in the FEDERAL REGISTER.

(b) This part covers all information and material handled by the Office that is owned by, produced for or by, or under the control of, the United States Government, has been determined pursuant to the Order or prior orders to require protection against unauthorized disclosure, and is so designated. Such material is referred to in this part as classified information.

§ 504.2 Policy.

It is the Office's policy to act in accordance with the Order with respect to all classified information.

§ 504.3 Administration of program.

The Deputy Director for Washington Operations for Management ("Deputy Director for Washington Operations"), shall:

(a) Implement and oversee the Office's information security program; (b) Receive questions, suggestions, and complaints regarding it;

(c) Make changes to it as he deems advisable;

(d) Ensure that it is at all times consistent with the Order;

(e) Receive requests for declassification regardless of the origin of any such request, ensuring that requests are acted upon promptly and a final determination as to declassification is made within one year from the date or receipt except in unusual circumstances; and

(f) Ensure that requests submitted under the Freedom of Information Act are handled in accordance with that Act.

[54 FR 49443, Nov. 30, 1989, as amended at 59 FR 18475, Apr. 19, 1994]

§ 505.1 Basis and scope.

(a) This part is issued by the Office of Thrift Supervision ("Office") as a supplement to the Freedom of Information Act regulations of the Department of the Treasury, 31 CFR part 1, subpart A, which apply to the Office as a component part of the Department of the Treasury.

(b) This part is issued by the Office pursuant to the requirement of section 552 of title 5 of the United States Code, which requires every federal agency to publish in the FEDERAL REGISTER the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals on requests, or obtain decisions, and the forms available or the places at which forms and instructions as to the scope and contents of all papers, reports, or examinations may be found. Information about the Public Reading Room is set forth in §505.2 of this part. Procedures for requests for information are set forth in §505.3 of this part. Information about administrative appeals is set forth in §505.4 of this part. Provisions

relating to delivery of process upon the Office are set forth in §505.5 of this part.

[54 FR 49444, Nov. 30, 1989]

§ 505.2 Public reading room.

The Office will make materials available for review on an ad hoc basis when necessary. Contact the Information Services Division, Office of Public Affairs, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, or visit the Public Reading Room at 1700 G Street NW., from 1 p.m. to 4 p.m. on business days. Visitors are escorted to and from the Public Reference Room at established intervals.

[56 FR 59866, Nov. 26, 1991, as amended at 59 FR 18475, Apr. 19, 1994]

$505.3 Requests for records.

Initial determinations under 31 CFR 1.5(g) as to whether to grant requests for records of the Office will be made by the Chief of Disclosures or by an official so designated. Requests may be mailed to: Freedom of Information Act Request, Information Services Division, Office of Public Affairs, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, or delivered in person to: Freedom of Information Act Request, Information Services Division, Office of Public Affairs, Office of Thrift Supervision, 1776 G Street, NW., Street Level, 18th Street side of the building. Requests may also be submitted by facsimile.

[56 FR 59866, Nov. 26, 1991]

§ 505.4 Administrative appeal of initial determination to deny records.

Appellate determinations under 31 CFR 1.5(h) with respect to records of the Office will be made by the Director of Public Affairs or his or her designee. Appeals by mail should be addressed to: Information Services Division, Office of Public Affairs, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Appeals may be delivered personally to the Information Services Division, Office of Public Affairs, Office of Thrift Supervision, 1700 G Street