[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13764-13765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7410]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Part 102
Procedural Rules
AGENCY: National Labor Relations Board.
ACTION: Final Rule.
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SUMMARY: The National Labor Relations Board is revising its rules that
govern charges for responding to requests for information made pursuant
to the Freedom of Information Act, 5 U.S.C. 552 (``FOIA''). The
revisions are being adopted in order to bring these charges into line
with the current costs to the Agency for processing such requests. The
intended effect of the revisions is to permit the Agency to charge
requesters rates that reflect the actual current costs for processing
FOIA requests and for duplicating responsive documents.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT:
John J. Toner, Executive Secretary, 1099 14th Street, N.W. Room 11602,
Washington, D.C. 20570-0001, Telephone: (202) 273-1934.
SUPPLEMENTARY INFORMATION: Section 102.117(d)(2)(i) of the National
Labor Relations Board's Rules and Regulations, 29 CFR 102.117(d)(2)(i),
sets forth the rates to be charged to persons requesting information
from the
[[Page 13765]]
Agency pursuant to the Freedom of Information Act, 5 U.S.C. 552
(``FOIA''). These rates were last revised more than seven years ago,
since which time our actual costs have increased.
Section 102.117(d)(2)(i) is being revised to set forth new rates
which are based on the following calculations:
The typical clerical employee who works on the processing of a FOIA
request is a GS-6, step 3. The present rate for that grade and step is
$10.70 per hour. Adding the cost to the Agency for benefits (budgeted
at 17.5%) brings the total rate to $12.50 per hour, or $3.10 per
quarter-hour.
The typical professional employee who works on the processing of a
FOIA request is a GS-14, step 5. The present rate for that grade and
step is $31.50 per hour. Adding the cost to the Agency for benefits
(budgeted at 17.5%) brings the total rate to $37.00 per hour, or $9.25
per quarter-hour.
The current cost of reproducing documents is $0.12 per page, up
from $0.10 per page the last time the regulations were revised.
All other direct costs for responding to a FOIA request are to be
billed at their actual cost to the Agency, as presently set forth in
subsection 102.117(d)(2)(i)(D). That subsection is being revised,
however, to explicitly provide that such actual costs shall include,
where applicable, the cost of conducting computer searches for
information and for providing information in electronic format.
Accordingly, subsection (d)(2)(i) of Sec. 102.117 is being revised
to reflect the foregoing changes in the costs for processing a FOIA
request.
On a related subject, we have revised downwards our estimate of the
cost of processing a check in payment of a FOIA fee from $11.00 to
$5.00. Consequently, subsection (d)(iii)(A) of Sec. 102.117 is being
revised to provide that fees shall not be imposed on a requester when
the total charges are less than $5.00.
In all other respects, 102.117 remains unchanged.
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), the NLRB certifies that this rule will not have a
significant impact on a substantial number of small businesses.
List of Subjects in 29 CFR Part 102
Administrative practice and procedure, Labor management relations.
Accordingly, 29 CFR part 102 is amended as follows:
PART 102--[AMENDED]
1. The authority citation for 29 CFR part 102 continues to read as
follows:
Authority: Section 6, National Labor Relations Act, as amended
(29 U.S.C. 151, 156). Section 102.117(c) also issued under section
552(a)(4)(A) of the Freedom of Information Act, as amended (5 U.S.C.
552(a)(4)(A)). Sections 102.143 through 102.155 also issued under
section 504(c)(1) of the Equal Access to Justice Act, as amended (5
U.S.C. 504(c)(1)).
2. Section 102.117(d)(2)(i) and (d)(2)(iii)(A) are revised to read
as follows:
Sec. 102.117 Board materials and formal documents available for public
inspection and copying; requests for described records; time limit for
response; appeal from denial of request; fees for document search,
duplication, and review; files and records not subject to inspection.
* * * * *
(d) * * *
(2) Persons requesting records from this Agency shall be subject to
a charge of fees for the full allowable direct costs of document
search, review, and duplicating, as appropriate, in accordance with the
following schedules, procedures, and conditions:
(i) Schedule of charges:
(A) For each one-quarter hour or portion thereof of clerical time--
$3.10
(B) For each one-quarter hour or portion thereof of professional
time--$9.25
(C) For each sheet of duplication (not to exceed 8\1/2\ by 14
inches) of requested records--$0.12
(D) All other direct costs of preparing a response to a request
shall be charged to the requester in the same amount as incurred by the
Agency. Such costs shall include, but not be limited to: certifying
that records are true copies; sending records to requesters or
receiving records from the Federal records storage centers by special
methods such as express mail; and, where applicable, the cost of
conducting computer searches for information and for providing
information in electronic format.
* * * * *
(iii)(A) In no event shall fees be imposed on any requester when
the total charges are less than $5.00, which is the Agency's cost of
collecting and processing the fee itself.
* * * * *
Dated, Washington, DC, March 21, 1996.
By Direction of the Board.
John J. Toner,
Executive Secretary, National Labor Relations Board.
[FR Doc. 96-7410 Filed 3-27-96; 8:45 am]
BILLING CODE 7545-01-P
