amount or size or type thereof, the Comptroller is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of Budget Circular No. A-25, entitled "User Charges."

receipt by the Section to take into account the time reasonably required to forward the appeal to the United States Commissioner. In each instance when an appeal is incorrectly addressed to the United States Commis

(f) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, a postal money order, or cash. Remittances shall be made payable to the order of the Treasury of the United States and mailed to the Comptroller, United States Section, International Boundary and Water Commission, Room 212 IBWC Building, 4110 Rio Bravo, El Paso, Texas 79998. The Section will assume no responsibility for cash which is lost in the mail. Notwithstanding the foregoing, materials may be furnished without charge or a reduction in charge to foreign governments, other Government agencies or units, non-profit educational organizations, or any other applicant whenever the Comptroller determines that such action is considered as primarily benefitting the general public.

§ 1102.5 The Section's determination.

Upon receipt of any request for records or information under the Act the following guidelines shall be followed:

(a) The Comptroller will determine within 10 days (excepting Saturdays, Sundays and legal holidays) after the receipt of any such request whether to comply with such request and will immediately notify the person making such request of such determination, the reasons therefor, and of the right of such person to appeal to the United States Commissioner any adverse determination.

(b) All appeals should be addressed to the United States Commissioner, International Boundary and Water Commission, P.O. Box 20003, El Paso, Texas 79998, and should be clearly identified as such on the envelope and in the latter of appeal by using the marking "Freedom of Information Appeal" or "Appeal for Records" or the equivalent. Failure to properly address and appeal may defer the date of

making the appeal that his appeal was improperly addressed and of the date the appeal was received by the United States Commissioner. The United States Commissioner will make a determination with respect to any appeal within 20 days (excepting Saturdays, Sundays, and legal holidays) after the receipt of an appeal. If on appeal the denial of the request is in whole or in part upheld, the United States Commissioner will notify the person making such request of the provisions for judicial review under the Act. An appeal must be in writing and filed within 30 days from receipt of the initial determination (in cases of denials of an entire request), or from receipt of any records being made available pursuant to the initial determination (in case of partial denials). In those cases where a request or appeal is not addressed to the proper official, the time limitations stated above will be computed from the receipt of the request or appeal by the proper official.

(c) In unusual circumstances, as set forth in Item (d) below, the time limits for responding to the original request or the appeal may be extended by not more than an additional 10 working days by written notice to the person making a request. This notice must be sent within either the 10- or 20-day time limit and will specify the reason for the extension and the date on which a determination is expected to be dispatched. The extension may be invoked only once during the consideration of a request, either during the initial consideration period or during consideration of an appeal, but not

both.

(d) The unusual circumstances are:

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.

(2) The need to search for, collect, and appropriately examine a volumi

nous amount of separate and distinct records which are demanded in a single request; or

(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein.

(e) If the Comptroller receives a request which is of proper concern of an agency or entity outside the Section, it will be returned to the person making the request, advising the requester to reer it to the appropriate agency or entity if requester desires, and providing the requester with the name or title, address and other appropriate information. An information copy of the request and the letter of referral will be forwarded promptly to the agency or entity outside the Section that may expect the request. In the event the Comptroller receives a request to make available a record or provide information which is of interest to more than one agency (Federal, State, municipal, or legal entity created thereby), the Comptroller will retain and act upon the request if the Section is one of the interested agencies and if its interest in the record is paramount.

(f) The United States Commissioner's determination on an appeal shall be in writing and when it denies records in whole or in part, the letter to the person making a request shall include:

(1) Notation of the specific exemption or exemptions of the Act authorizing the withholding; a brief explanation of how the exemption applies, and, when relevant, a statement as to why a discretionary release is not appropriate.

(2) A statement that the decision is final for the Section.

(3) Advice that judicial review of the denial is available in the district in which the person making the request resides or has his principal place of business, the district in which the Section's records are situated, or the District of Columbia.

(4) The names and titles or positions of each official responsible for the denial of a request.

(g) In those cases where it is necessary to find and examine records before the legality or appropriateness of their disclosure can be determined, and where after diligent effort this has not been achieved within the required period, the Comptroller may advise the person making the request that a determination to presently deny the request has been made because the records or information have not been found or examined, that the determination will be reconsidered

when the search or examination is completed and the time within which completion is expected, but that the person making the request may immediately file an administrative appeal to the United States Commissioner.

§ 1102.6 Exemptions.

The provisions of the Act which require that agencies make their records available to public inspection and copying do not apply to matters which

are:

(a)(1) Specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and (2) are in fact properly classified pursuant to such Executive Order.

(b) Related solely to the internal personnel rules and practices of an agency.

(c) Specifically exampted from disclosure by statute.

(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential.

(e) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.

(f) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(g) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (1) interfere with enforcement proceedings, (2) deprive a person of a right to a fair trial

or an impartial adjudication, (3) constitute an unwarranted invasion of personal privacy, (4) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in a course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (5) disclose investigative techniques and procedures, or (6) endanger the life or physical safety of law enforcement personnel.

(h) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

(i) Geological and geophysical informaton and data, including maps, concerning wells.

§ 1102.7 Annual report to Congress.

(a) On or before March 1 of each calendar year the United States Commissioner shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for referral to the appropriate committees of the Congress. The report shall include:

(1) The number of determinations made by the Section not to comply with request for records made to the Section under the Act and these regulations and the reasons for each such determination.

(2) The number of appeals made by persons under the Act and these regulations, the result of such appeals, and the reason for the action upon each

appeal that results in a denial of information.

(3) The names and title or positions of each person responsible for the denial of records requested under the Act, and the number of instances of participation for each.

(4) The results of each proceeding conducted pursuant to 552(a)(4)(F) of the Act, including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken.

(5) A copy of these regulations.

(6) A copy of the fee schedule and the total amount of fees collected by the Section for making records available under the Act.

(7) Such other information as indicates efforts to administer fully the Act.

(b) A copy of each such report to the Congress made pursuant to paragraph (a) of this section will be made available for public inspection and copying in the office of the Comptroller, United States Section, International Boundary and Water Commission, 212 IBWC Building, 4110 Rio Bravo, El Paso, Texas.

§ 1102.8 Examination of records.

When a request to examine records is approved by the Comptroller, every reasonable effort will be made to provide facilities for the purpose of such examination. "On the spot" copying will be available if the Comptroller decides there will be no interference with ordinary activities or routine business of the Section.