98-3926. Freedom of Information Act

[Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
[Rules and Regulations]
[Page 8140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3926]


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FEDERAL COMMUNICATION COMMISSION

47 CFR PART 0

[DA 98-53]


Freedom of Information Act

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission is modifying a section 
of the Commission's Rules that implements the Freedom of Information 
Act (FOIA) fee schedule. This modification pertains to the charge for 
recovery of the full, allowable direct costs of searching for and 
reviewing records requested under the FOIA and Sec.  0.460(e) or 
Sec. 0.461 of the Commission's rules, unless such fees are restricted 
or waived in accordance with Sec. 0.470. The fees are being revised to 
correspond to modifications in the rate of pay approved by Congress.

EFFECTIVE DATE: March 20, 1998.

FOR FURTHER INFORMATION CONTACT: Judy Boley, Freedom of Information Act 
Officer, Office of Performance Evaluation and Records Management, Room 
234, Federal Communications Commission, 1919 M Street, N. W., 
Washington, D.C. 20554, [phone] or via Internet at 
[e-mail].

SUPPLEMENTARY INFORMATION: The FCC is modifying Sec. 0.467(a) of the 
Commission's Rules. This rule pertains to the charges for searching and 
reviewing records requested under the FOIA. The FOIA requires federal 
agencies to establish a schedule of fees for the processing of requests 
for agency records in accordance with fee guidelines issued by the 
Office of Management and Budget (OMB). In 1987, OMB issued its Uniform 
Freedom of Information Act Fee Schedule and Guidelines. However, 
because the FOIA requires that each agency's fees be based upon its 
direct costs of providing FOIA services, OMB did not provide a unitary, 
government-wide schedule of fees. The Commission based its FOIA fee 
schedule on the grade level of the employee who processes the request. 
Thus, the fee schedule was computed at a Step 5 of each grade level 
based on the General Schedule effected January 1987. The instant 
revisions correspond to modifications in the rate of pay recently 
approved by Congress.

Regulatory Procedures

    This rule has been reviewed under Executive Order No. 12866 and has 
been determined not to be a ``significant rule'' since it will not have 
an annual effect on the economy of $100 million or more.
    In addition, it has been determined that this rule will not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 47 CFR Part 0

    Freedom of information.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
    Part 0 of title 47 of the Code of Federal Regulations is amended as 
follows:

Part 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: 47 U.S.C. 155, unless otherwise noted.

    2. Section 0.467 is amended by revising the table in paragraph 
(a)(1) and its note, and paragraph (a)(2) to read as follows:


Sec. 0.467  Search and review fees.

    (a)(1) * * *

------------------------------------------------------------------------
                          Grade                             Hourly fee  
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GS-1....................................................           $9.06
GS-2....................................................            9.86
GS-3....................................................           11.11
GS-4....................................................           12.48
GS-5....................................................           13.96
GS-6....................................................           15.56
GS-7....................................................           17.29
GS-8....................................................           19.15
GS-9....................................................           21.16
GS-10...................................................           23.29
GS-11...................................................           25.58
GS-12...................................................           30.67
GS-13...................................................           36.47
GS-14...................................................           43.10
GS-15...................................................          50.70 
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Note: These fees will be modified periodically to correspond with       
  modifications in the rate of pay approved by Congress.                

    (2) The fees in paragraph (a) (1) of this section were computed at 
step 5 of each grade level based on the General Schedule effective 
January 1998 and include 20 percent for personnel benefits.
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[FR Doc. 98-3926 Filed 2-17-98; 8:45 am]
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