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(ii) Your total assets have never exceeded $100 million at the end of any quarter.

(2) Size component for qualifying savings associations. If you are a qualifying savings association, your size component is the lesser of:

(i) Your size component calculated under paragraph (a) of this section; or

(ii) Your assessment calculated using the general assessment table at 12 CFR 502.1(c) as contained in the 12 CFR, parts 500 to 599, edition revised as of January 1, 1998, as implemented in Thrift Bulletin 48-9, dated December 21, 1992.

publish those assessment rates in a Thrift Bulletin.

(c) Calculation of complexity component. OTS separately considers each of the thresholds in paragraph (a) of this section in calculating your complexity component. OTS first calculates the amount by which you exceed any of those thresholds. OTS multiplies the amount by which you exceed any threshold in paragraph (a) of this section by the applicable assessment rate(s) under paragraph (b) of this section. OTS then totals the results. This total is your complexity component.

$ 502.20 How does OTS determine my

condition component? OTS uses the following chart to determine your condition component.

$ 502.30 When must I pay my assess

ment? OTS will bill you semiannually for your assessments. Assessments are due January 31 and July 31 of each year. At least seven days before your assessment is due, the Director will mail you a notice that indicates the amount of your assessment, explains how OTS calculated the amount, and specifies when payment is due.

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$502.35 How must I pay my assess

ment? (a) Debit at Federal Home Loan Banks. If you are a member of a Federal Home Loan Bank, you must maintain a demand deposit account at your Federal Home Loan Bank with sufficient funds to pay your assessment when due. OTS will notify your Federal Home Loan Bank of the amount of your assessment. OTS will debit your account for your assessments.

(b) Direct billing. If you are not a member of a Federal Home Loan Bank, OTS will directly debit an account you must maintain at your association.

$ 502.25 How does OTS determine my

complexity component? If your portfolio exceeds any of the thresholds in paragraph (a) of this section, OTS will calculate your complexity component according to paragraph (c) of this section. If your portfolio does not exceed any of the thresholds in paragraph (a) of this section, your complexity component is zero.

(a) Thresholds for complexity component. OTS uses three separate thresholds in calculating your complexity component. You exceed a threshold if you have more than $1 billion in any of the following:

(1) Trust assets you administer.

(2) The outstanding principal balance of assets covered, fully or partially, by your recourse obligations or direct credit substitutes.

(3) The principal amount of loans that you service for others.

(b) Assessment rates. OTS will establish one or more assessment rates for each of the types of activities listed in paragraph (a) of this section. OTS will

8502.40 Can I get a refund or prora

tion of my assessment? OTS will not refund or prorate your assessment, even if you cease to be a savings association. If you are a savings association for whom a conservator or receiver has been appointed, you must continue to pay assessments in accordance with this part. OTS will not increase or decrease your assessment based on events that occur after the date of the Thrift Financial Report upon which your assessment is based.

8 502.45 What if I do not pay my as

sessment on time? The Director will charge interest on delinquent assessments. Interest will accrue at a rate (that OTS will determine quarterly) equal to 150 percent of the average of the bond-equivalent rates of 13-week Treasury bills auctioned during the preceding calendar quarter. Assessments under this subpart A are delinquent if you do not pay them when required by $ 502.30.

(c) Add a fee for a new type of application;

(d) Increase a fee for an application that presents unusual or particularly complex issues of law or policy or otherwise causes the agency to incur unusually high processing costs; or

(e) Charge a fee to recover extraordinary expenses related to examination, investigation, regulation, or supervision of savings associations or their affiliates.

Subpart B-Fees

8502.50 What fees does OTS charge?

(a) The Director assesses fees for examining or investigating savings associations that administer trust assets of $1 billion or less, and savings association affiliates. “Affiliate” has the meaning in 12 U.S.C. 1462(9), except that, for this part only, "affiliate” does not include any entity that is consolidated with a savings association on the Consolidated Statement of the Thrift Financial Report.

(b) The Director assesses fees for processing notices, applications, securities filings, and requests, and for providing other services.

$ 502.65 When is an application fee

due? (a) You must pay the application fee when you file an application. OTS will not process your application if you do not include the required fee.

(b) If OTS cannot complete its review of your application because the application is materially deficient and it refuses to accept your application for processing, you must pay a new application fee upon filing a revised application.

(c) If a transaction involves multiple applications, you must pay the appropriate fee for each application, unless OTS specifies otherwise by Thrift Bulletin.

8502.55 Where can I find OTS's fee

schedule? OTS will periodically publish a schedule of its fees in a Thrift Bulletin. OTS will publish these fees at least 30 days before they are effective.

8 502.70 How must I pay an application

fee? You must pay an application fee to the Office of Thrift Supervision. You must include a statement of the fee and how you calculated the fee.

$ 502.60 When will OTS adjust, add,

waive, or eliminate a fee? Under unusual circumstances, the Director may deem it necessary or appropriate to adjust, add, waive, or eliminate a fee. For example, the Director may:

(a) Reduce any fee to adjust for any inequities, efficiencies, or changed procedures that OTS projects will reduce its applications processing costs but that OTS did not consider in determining its fees;

(b) Reduce or waive any fee if OTS determines that the fee would unduly or unjustifiably discourage particular types of applications or applications for particular categories of transactions;

$ 502.75 What if I do not pay my fees

on time? (a) Interest. An examination or investigation fee is delinquent if OTS does not receive the fee within 30 days of the date specified in a bill. The Director will charge interest on a delinquent examination or investigation fee. Interest will accrue at a rate (that OTS will determine quarterly) equal to 150 percent of the average of the bondequivalent rates of 13-week Treasury bills auctioned during the preceding calendar quarter.

(b) Failure to pay. If your holding company, affiliate, or subsidiary fails to pay any examination or investigation fee within 60 days of the date specified in a bill, the Director may assess that fee, with interest, against you and collect it from you. If any such entity is a holding company, affiliate, or subsidiary of more than one savings association, the Director may assess the fee against and collect it from each savings association as the Director may prescribe.

PART 503— PRIVACY ACT

Sec. 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.

fication 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, Manager, Dissemination Branch, Information Management & Services Division, 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, Manager, Dissemination Branch, Information Management & Services Division, 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 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, Deputy Chief Counsel for General Law, Office of Thrift Supervision, 1700 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.

$503.1 Scope and procedures.

(a) In general. The Privacy Act regulations of the Department of the Treasury, 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 of 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 noti

of

G

(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; 64 FR 69184, Dec. 10, 1999]

CON

$ 503.2 Exemptions of records

taining investigatory material com

piled 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 deter- forth in $505.2 of this part. Procedures mine the relevance or necessity of spe- for requests for records are set forth in cific information in the early stages of $505.3 of this part. Information about an investigation; and

administrative appeals is set forth in (ii) In any investigation the Office $505.4 of this part. Provisions relating may obtain information concerning to delivery of process upon the OTS are violations of laws other than those set forth in $ 505.5 of this part. within the scope of its jurisdiction. In the interest of effective law enforce

(54 FR 49444, Nov. 30, 1989, as amended at 60

FR 66716, Dec. 26, 1995; 66 FR 65819, Dec. 21, ment, the Office should retain this in

2001) formation to aid in establishing patterns of criminal activity, and to pro- $ 505.2 Public Reading Room. vide leads for those law enforcement agencies charged with enforcing crimi

OTS will make materials available nal or civil laws.

for review on an ad hoc basis when nec(d) Documents exempted. Exemptions essary. Contact the FOIA Office, Office will be applied only when appropriate

of Thrift Supervision, 1700 G Street, under 5 U.S.C. 552a(k).

NW., Washington, DC 20552, or you may

visit the Public Reading Room at 1700 [55 FR 31371, Aug. 2, 1990)

G Street, NW., by appointment only.

(Please identify the materials you PART 505-FREEDOM OF

would like to inspect, to assist us in INFORMATION ACT

serving you.) We schedule appoint

ments on business days between 10 a.m. Sec.

and 4 p.m. In most cases, appointments 505.1 Basis and scope.

will be available the next business day 505.2 Public Reading Room.

following the date we receive your re505.3 Requests for records. 505.4 Administrative appeal of initial deter

quest. mination to deny records.

[66 FR 65819, Dec. 21, 2001, as amended at 67 505.5 Delivery of process.

FR 78151, Dec. 23, 2002) AUTHORITY: 5 U.S.C. 552; 12 U.S.C. 1462a, 1463, 1464.

8505.3 Requests for records. CROSS REFERENCE: See 31 CFR part 1, sub- A designated official will make the part A.

initial determination under 31 CFR 8 505.1 Basis and scope.

1.5(g) whether to grant a request for

OTS records. Requests may be mailed (a) This part is issued by the Office of to: Freedom of Information Act ReThrift Supervision (“OTS”) as a sup- quest, FOIA Office, Office of Thrift Suplement to the Freedom of Information

pervision, 1700 G Street, NW., WashAct regulations of the Department of ington, DC 20552, or marked “FOIA” the Treasury, 31 CFR part 1, subpart A, and delivered in person to the FOIA Ofwhich apply to the OTS as a compo- fice, 1700 G Street, NW., Washington, nent part of the Department of the

DC 20552. Requests may also be sent by Treasury.

e-mail or facsimile to the e-mail ad(b) This part is issued by the OTS

dress and facsimile number in $ 505.2 of pursuant to the requirement of section

this part. 552 of title 5 of the United States Code, which requires every federal agency to [67 FR 78151, Dec. 23, 2002] publish in the FEDERAL REGISTER the established places at which, the em

$505.4 Administrative appeal of initial ployees from whom, and the methods

determination to deny records. whereby, the public may obtain infor- A designated official will make apmation, make submittals on requests, pellate determinations under 31 CFR or obtain decisions, and the forms 1.5(h) with respect to OTS records. Apavailable or the places at which forms peals by mail should be addressed to: and instructions as to the scope and FOIA Appeals, 1700 G Street, NW., contents of all papers, reports, or ex- Washington, DC 20552. Appeals may be aminations may be found. Information delivered personally to FOIA Appeals, about the Public Reading Room is set Office of Thrift Supervision, 1700 G

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