[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Rules and Regulations]
[Pages 61217-61222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29965]
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FEDERAL RESERVE SYSTEM
12 CFR Part 271
[Docket No. R-0983]
Federal Open Market Committee; Rules Regarding Availability of
Information
AGENCY: Federal Open Market Committee, Federal Reserve System.
ACTION: Final rule.
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SUMMARY: The Federal Open Market Committee (Committee) hereby amends
its Rules Regarding Availability of Information (Rules) to reflect
recent changes in the Freedom of Information Act (FOIA) as a result of
the Electronic Freedom of Information Act Amendments (EFOIA).
EFFECTIVE DATE: December 17, 1997.
FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Senior Counsel,
(202/452-2418), or Stephen L. Siciliano, Special Assistant to the
General Counsel for Administrative Law, (202/452-3920), Legal Division,
Board of Governors of the Federal Reserve System. For the hearing
impaired only, contact Diane Jenkins, Telecommunications Device for the
Deaf (TDD) (202/452-3544), Board of Governors of the Federal Reserve
System, 20th and Constitution, NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION: Last year, Congress passed the Electronic
Freedom of Information Act Amendments of 1996, Public Law 104-231,
which amend the Freedom of Information Act, 5 U.S.C. 552. Among other
things, EFOIA requires agencies to promulgate regulations that provide
for expedited processing of requests for records. In addition to
amendments intended to implement EFOIA, the Committee has updated its
fee schedule and made other changes to streamline and clarify the
Rules.
To implement these changes, the Committee published proposed
amendments to the Rules on August 26, 1997 (62 FR 45178). The Committee
received only one comment, submitted by an association established by
news editors and reporters to defend First Amendment rights of the
media. This comment requested two changes to the Committee's proposed
rule--one specific change and one general change. Specifically, the
association requested that the Secretary be given the discretion to
waive the formal certification requirement for persons requesting
expedited treatment of a FOIA request. The second, general suggestion
was to incorporate the key mandates of EFOIA into the regulation,
because ``future FOI officers and specialists at the Committee [may
not] realize the additional requirements placed on them by this law if
regulations do not make adherence necessary.'' After review of the
comment, the Committee has made the specific change regarding the
discretionary waiver of formal certification. With regard to the second
comment, the Committee does not believe that the Rules need to be
amended to reflect statutory provisions that are not required to be
implemented by regulation. When a FOIA request is received, FOMC
officers routinely work with attorneys in the Board's Legal Division
who are familiar with the law and the procedural requirements.
Furthermore, incorporating these changes into the regulation would add
nothing to the public's understanding of FOIA and would unnecessarily
lengthen and complicate the regulation at a time when all agencies are
attempting to simplify and streamline their regulations. The following
is a section-by-section discussion of the final amendments.
Section 271.1--Authority and Purpose
This section has been revised to state the statutory authority for
promulgation of the Rules and the purpose of the Rules.
Section 271.2--Definitions
The definitions have been alphabetized and now include the
definitions relating to the fee schedule that were previously in
Sec. 271.8.
Section 271.3--Published Information
No substantive changes have been made to this section.
Section 271.4--Records Available for Public Inspection and Copying
This new section describes the types of Committee records that are
available in the reading room of the Board's Freedom of Information
(FOI) Office. Pursuant to EFOIA, it also describes the Committee
records available on the Board's website.
Section 271.5--Records Available to the Public on Request
This is a revision of existing Sec. 271.4, which describes the
types of records available upon request, and the procedures for making
such a request.
Section 271.6--Processing Request
This is a new section that describes the Committee's procedures in
processing requests for information and appeals of denials of such
requests. This section also contains the procedures for expedited
processing of requests. As noted above, this section has been modified
to give the Secretary the discretion to waive the formal certification
requirement for expedited processing in exceptional situations. It is
expected that, as a routine matter, certification will be required.
Nevertheless, where time is important and the certification is in fact
a formality, then the Secretary has the discretion to waive that
formality.
Section 271.7--Exemptions From Disclosure
This section combines the rules currently found in Secs. 271.5 and
271.6, regarding deferred release of information and information that
is exempt from release under FOIA.
Section 271.8--Subpoenas
There are no substantive changes to this section, except that it is
renumbered from Sec. 271.7 to Sec. 271.8.
Section 271.9--Fee Schedules; Waiver of Fees
This section is renumbered from Sec. 271.8 to Sec. 271.9. The
Committee has moved the definitions that were in this section to
Sec. 271.2, which contains the other definitions for this part. The fee
schedule provisions have been revised to clarify that the processing
time of a FOIA request does not begin in cases where advance payment is
required until payment is received; or, where a person has requested a
waiver of the fees, until the person agrees to pay the fees if the
waiver request is denied. Additionally, the standards under which the
Secretary may grant a request for waiver of fees have been modified to
reflect the development of case law in this area. The rule provides for
administrative appeal of a denial of a waiver request.
[[Page 61218]]
Regulatory Flexibility Act Analysis
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), the Committee certifies that the amendments will
not have a significant economic impact on a substantial number of small
entities. These amendments simplify some of the procedures regarding
release of information and require disclosure of information in certain
instances in accordance with law. The requirements to disclose apply to
the Committee, therefore they should not have a significant economic
impact on a substantial number of small entities.
List of Subjects in 12 CFR Part 271
Federal Open Market Committee, Freedom of information.
For the reasons set forth in the preamble, the Committee is
revising 12 CFR part 271 to read as follows:
PART 271--RULES REGARDING AVAILABILITY OF INFORMATION
Sec.
271.1 Authority and purpose.
271.2 Definitions.
271.3 Published information.
271.4 Records available for public inspection and copying.
271.5 Records available to the public on request.
271.6 Processing requests.
271.7 Exemptions from disclosure.
271.8 Subpoenas.
271.9 Fee schedules; waiver of fees.
Authority: 5 U.S.C. 552; 12 U.S.C. 263.
Sec. 271.1 Authority and purpose.
(a) Authority. This part is issued by the Federal Open Market
Committee (the Committee) pursuant to the Freedom of Information Act, 5
U.S.C. 552, and also pursuant to the Committee's authority under
section 12A of the Federal Reserve Act, 12 U.S.C. 263, to issue
regulations governing the conduct of its business.
(b) Purpose. This part sets forth the categories of information
made available to the public and the procedures for obtaining documents
and records.
Sec. 271.2 Definitions.
(a) Board means the Board of Governors of the Federal Reserve
System established by the Federal Reserve Act of 1913 (38 Stat. 251).
(b) Commercial use request refers to a request from or on behalf of
one who seeks information for a use or purpose that furthers the
commercial, trade, or profit interests of the requester or the person
on whose behalf the request is made.
(c) Direct costs mean those expenditures that the Committee
actually incurs in searching for, reviewing, and duplicating documents
in response to a request made under Sec. 271.5.
(d) Duplication refers to the process of making a copy of a
document in response to a request for disclosure of records or for
inspection of original records that contain exempt material or that
otherwise cannot be inspected directly. Among others, such copies may
take the form of paper, microform, audiovisual materials, or machine-
readable documentation (e.g., magnetic tape or disk).
(e) Educational institution refers to a preschool, a public or
private elementary or secondary school, or an institution of
undergraduate higher education, graduate higher education, professional
education, or an institution of vocational education that operates a
program of scholarly research.
(f) Federal Reserve Bank means one of the district Banks authorized
by the Federal Reserve Act, 12 U.S.C. 222, including any branch of any
such Bank.
(g) Information of the Committee means all information coming into
the possession of the Committee or of any member thereof or of any
officer, employee, or agent of the Committee, the Board, or any Federal
Reserve Bank, in the performance of duties for, or pursuant to the
direction of, the Committee.
(h) Noncommercial scientific institution refers to an institution
that is not operated on a ``commercial'' basis (as that term is used in
this section) and which is operated solely for the purpose of
conducting scientific research, the results of which are not intended
to promote any particular product or industry.
(i) Records of the Committee includes rules, statements, decisions,
minutes, memoranda, letters, reports, transcripts, accounts, charts,
and other written material, as well as any materials in machine
readable form that constitute a part of the Committee's official files.
(j) Representative of the news media refers to any person actively
gathering news for an entity that is organized and operated to publish
or broadcast news to the public.
(1) The term ``news'' means information about current events or
that would be of current interest to the public.
(2) Examples of news media entities include, but are not limited
to, television or radio stations broadcasting to the public at large,
and publishers of newspapers and other periodicals (but only in those
instances when they can qualify as disseminators of ``news'') who make
their products available for purchase or subscription by the general
public.
(3) ``Freelance'' journalists may be regarded as working for a news
organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually
employed by it.
(k)(1) Review refers to the process of examining documents, located
in response to a request for access, to determine whether any portion
of a document is exempt information. It includes doing all that is
necessary to excise the documents and otherwise to prepare them for
release.
(2) Review does not include time spent resolving general legal or
policy issues regarding the application of exemptions.
(l)(1) Search means a reasonable search, by manual or automated
means, of the Committee's official files and any other files containing
records of the Committee as seem reasonably likely in the particular
circumstances to contain documents of the kind requested. For purposes
of computing fees under Sec. 271.9, search time includes all time spent
looking for material that is responsive to a request, including line-
by-line identification of material within documents. Such activity is
distinct from ``review'' of material to determine whether the material
is exempt from disclosure.
(2) Search does not mean or include research, creation of any
document, or extensive modification of an existing program or system
that would significantly interfere with the operation of the
Committee's automated information system.
Sec. 271.3 Published information.
(a) Federal Register. The Committee publishes in the Federal
Register, in addition to this part:
(1) A description of its organization;
(2) Statements of the general course and method by which its
functions are channeled and determined;
(3) Rules of procedure;
(4) Substantive rules of general applicability, and statements of
general policy and interpretations of general applicability formulated
and adopted by the Committee;
(5) Every amendment, revision, or repeal of the foregoing; and
(6) General notices of proposed rulemaking.
(b) Annual Report to Congress. Each annual report made to Congress
by the Board includes a complete record of the actions taken by the
Committee during the preceding year upon all matters of policy relating
to open market operations, showing the reasons
[[Page 61219]]
underlying the actions, and the votes taken.
(c) Other published information. From time to time, other
information relating to open market operations of the Federal Reserve
Banks is published in the Federal Reserve Bulletin, issued monthly by
the Board, in the Board's annual report to Congress, and in
announcements and statements released to the press. Copies of issues of
the Bulletin and of annual reports of the Board may be obtained from
the Publications Services of the Federal Reserve Board, 20th Street and
Constitution Avenue, N.W., Washington, D.C. 20551 (pedestrian entrance
is on C Street, N.W.). Subscription or other charges may apply.
Sec. 271.4 Records available for public inspection and copying.
(a) Types of records made available. Unless they were published
promptly and made available for sale or without charge, certain records
shall be made available for inspection and copying at the Board's
Freedom of Information Office pursuant to 5 U.S.C. 552(a)(2).
(b) Reading room procedures. (1) Information available under this
section is available for inspection and copying, from 9:00 a.m. to 5:00
p.m. weekdays, at the Freedom of Information Office of the Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue, N.W., Washington, D.C. 20551 (the pedestrian entrance is on C
Street, N.W.).
(2) The Committee may determine that certain classes of publicly
available filings shall be made available for inspection and copying
only at the Federal Reserve Bank where those records are maintained.
(c) Electronic records. Information available under this section
that was created on or after November 1, 1996, shall also be available
on the Board's website, found at http://www.bog.frb.fed.us.
(d) Privacy protection. The Committee may delete identifying
details from any record to prevent a clearly unwarranted invasion of
personal privacy.
Sec. 271.5 Records available to the public on request.
(a) Types of records made available. All records of the Committee
that are not available under Secs. 271.3 and 271.4 shall be made
available upon request, pursuant to the procedures in this section and
the exceptions in Sec. 271.7.
(b) Procedures for requesting records. (1) A request for
identifiable records shall reasonably describe the records in a way
that enables the Committee's staff to identify and produce the records
with reasonable effort and without unduly burdening or significantly
interfering with any of the Committee's operations.
(2) The request shall be submitted in writing to the Secretary of
the Committee, Federal Open Market Committee, 20th & C Street, N.W.,
Washington, D.C. 20551; or sent by facsimile to the Secretary of the
Committee, (202) 452-2921. The request shall be clearly marked FREEDOM
OF INFORMATION ACT REQUEST.
(c) Contents of request. The request shall contain the following
information:
(1) The name and address of the requester, and the telephone number
at which the requester can be reached during normal business hours;
(2) Whether the requested information is intended for commercial
use, and whether the requester represents an educational or
noncommercial scientific institution, or news media;
(3) A statement agreeing to pay the applicable fees, or a statement
identifying any fee limitation desired, or a request for a waiver or
reduction of fees that satisfies Sec. 271.9(f).
(d) Defective requests. The Committee need not accept or process a
request that does not reasonably describe the records requested or that
does not otherwise comply with the requirements of this section. The
Committee may return a defective request, specifying the deficiency.
The requester may submit a corrected request, which will be treated as
a new request.
Sec. 271.6 Processing requests.
(a) Receipt of requests. The date of receipt for any request,
including one that is addressed incorrectly or that is referred to the
Committee by another agency or by a Federal Reserve Bank, is the date
the Secretary of the Committee actually receives the request.
(b) Priority of responses. The Committee shall normally process
requests in the order they are received. However, in the Secretary's
discretion, or upon a court order in a matter to which the Committee is
a party, a particular request may be processed out of turn.
(c) Expedited processing. Where a person requesting expedited
access to records has demonstrated a compelling need for the records,
or where the Committee has determined to expedite the response, the
Committee shall process the request as soon as practicable.
(1) To demonstrate a compelling need for expedited processing, the
requester shall provide a certified statement, a sample of which may be
obtained from the Board's Freedom of Information Office. The statement,
certified to be true and correct to the best of the requester's
knowledge and belief, shall demonstrate that:
(i) The failure to obtain the records on an expedited basis could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
(ii) The requester is a representative of the news media, as
defined in Sec. 271.2, and there is urgency to inform the public
concerning actual or alleged Committee activity.
(2) In response to a request for expedited processing, the
Secretary of the Committee shall notify a requester of the
determination within ten working days of receipt of the request. In
exceptional situations, the Secretary of the Committee has the
discretion to waive the formality of certification. If the Secretary of
the Committee denies a request for expedited processing, the requester
may file an appeal pursuant to the procedures set forth in paragraph
(i) of this section, and the Committee shall respond to the appeal
within ten working days after the appeal was received by the Committee.
(d) Time limits. The time for response to requests shall be 20
working days, except:
(1) In the case of expedited treatment under paragraph (c) of this
section;
(2) Where the running of such time is suspended for payment of fees
pursuant to Sec. 271.9(b)(2);
(3) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B).
In such circumstances, the time limit may be extended for a period of
time not to exceed:
(i) 10 working days as provided by written notice to the requester,
setting forth the reasons for the extension and the date on which a
determination is expected to be dispatched; or
(ii) Such alternative time period as mutually agreed to by the
Secretary of the Committee and the requester when the Secretary of the
Committee notifies the requester that the request cannot be processed
in the specified time limit.
(e) Response to request. In response to a request that satisfies
Sec. 271.5, an appropriate search shall be conducted of records of the
Committee in existence on the date of receipt of the request, and a
review made of any responsive information located. The Secretary shall
notify the requester of:
(1) The Committee's determination of the request;
(2) The reasons for the determination;
(3) The amount of information withheld;
(4) The right of the requester to appeal to the Committee any
denial or partial
[[Page 61220]]
denial, as specified in paragraph (i) of this section; and
(5) In the case of a denial of a request, the name and title or
position of the person responsible for the denial.
(f) Referral to another agency. To the extent a request covers
documents that were created by, obtained from, or classified by another
agency, the Committee may refer the request to that agency for a
response and inform the requester promptly of the referral.
(g) Providing responsive records. (1) Copies of requested records
shall be sent to the requester by regular U.S. mail to the address
indicated in the request, unless the requester elects to take delivery
of the documents at the Board's Freedom of Information Office or makes
other acceptable arrangements, or the Committee deems it appropriate to
send the documents by another means.
(2) The Committee shall provide a copy of the record in any form or
format requested if the record is readily reproducible by the Committee
in that form or format, but the Committee need not provide more than
one copy of any record to a requester.
(h) Appeal of denial of request. Any person denied access to
Committee records requested under Sec. 271.5 may file a written appeal
with the Committee, as follows:
(1) The appeal shall prominently display the phrase FREEDOM OF
INFORMATION ACT APPEAL on the first page, and shall be addressed to the
Secretary of the Committee, Federal Open Market Committee, 20th and C
Street, N.W., Washington, D.C. 20551; or sent by facsimile to the
Secretary of the Committee, (202) 452-2921.
(2) An initial request for records may not be combined in the same
letter with an appeal.
(3) The Committee, or such member of the Committee as is delegated
the authority, shall make a determination regarding any appeal within
20 working days of actual receipt of the appeal by the Secretary, and
the determination letter shall notify the appealing party of the right
to seek judicial review of such denial.
Sec. 271.7 Exemptions from disclosure.
(a) Types of records exempt from disclosure. Pursuant to 5 U.S.C.
552(b), the following records of the Committee are exempt from
disclosure under this part:
(1) National defense. Any information that is specifically
authorized under criteria established by an Executive Order to be kept
secret in the interest of national defense or foreign policy and is in
fact properly classified pursuant to the Executive Order.
(2) Internal personnel rules and practices. Any information related
solely to the internal personnel rules and practices of the Board.
(3) Statutory exemption. Any information specifically exempted from
disclosure by statute (other than 5 U.S.C. 552b), if the statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld.
(4) Trade secrets; commercial or financial information. Any matter
that is a trade secret or that constitutes commercial or financial
information obtained from a person and that is privileged or
confidential.
(5) Inter- or intra-agency memorandums. Information contained in
inter- or intra-agency memorandums or letters that would not be
available by law to a party (other than an agency) in litigation with
an agency, including, but not limited to:
(i) Memorandums;
(ii) Reports;
(iii) Other documents prepared by the staffs of the Committee,
Board or Federal Reserve Banks; and
(iv) Records of deliberations of the Committee and of discussions
at meetings of the Committee or its staff.
(6) Personnel and medical files. Any information contained in
personnel and medical files and similar files the disclosure of which
would constitute a clearly unwarranted invasion of personal privacy.
(7) Information compiled for law enforcement purposes. Any records
or information compiled for law enforcement purposes, to the extent
permitted under 5 U.S.C. 552(b)(7).
(8) Examination, inspection, operating, or condition reports, and
confidential supervisory information. Any matter that is 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, including a state
financial institution supervisory agency.
(b) Segregation of nonexempt information. The Committee shall
provide any reasonably segregable portion of a record that is requested
after deleting those portions that are exempt under this section.
(c) Discretionary release. Except where disclosure is expressly
prohibited by statute, regulation, or order, the Committee may
authorize the release of records that are exempt from mandatory
disclosure whenever the Committee or designated Committee members
determines that such disclosure would be in the public interest.
(d) Delayed release. Publication in the Federal Register or
availability to the public of certain information may be delayed if
immediate disclosure would likely:
(1) Interfere with accomplishing the objectives of the Committee in
the discharge of its statutory functions;
(2) Interfere with the orderly conduct of the foreign affairs of
the United States;
(3) Permit speculators or others to gain unfair profits or other
unfair advantages by speculative trading in securities or otherwise;
(4) Result in unnecessary or unwarranted disturbances in the
securities markets;
(5) Interfere with the orderly execution of the objectives or
policies of other government agencies; or
(6) Impair the ability to negotiate any contract or otherwise harm
the commercial or financial interest of the United States, the
Committee, the Board, any Federal Reserve Bank, or any department or
agency of the United States.
(e) Prohibition against disclosure. Except as provided in this
part, no officer, employee, or agent of the Committee or any Federal
Reserve Bank shall disclose or permit the disclosure of any unpublished
information of the Committee to any person (other than Committee
officers, employees, or agents properly entitled to such information
for the performance of official duties).
Sec. 271.8 Subpoenas.
(a) Advice by person served. If any person, whether or not an
officer or employee of the Committee, of the Board of Governors of the
Federal Reserve System, or of a Federal Reserve Bank, has information
of the Committee that may not be disclosed by reason of Sec. 271.7 and
in connection therewith is served with a subpoena, order, or other
process requiring his personal attendance as a witness or the
production of documents or information upon any proceeding, he should
promptly inform the Secretary of the Committee of such service and of
all relevant facts, including the documents and information requested
and any facts that may be of assistance in determining whether such
documents or information should be made available; and he should take
action at the appropriate time to inform the court or tribunal that
issued the process, and the attorney for the party at whose instance
the process
[[Page 61221]]
was issued, if known, of the substance of this part.
(b) Appearance by person served. Except as disclosure of the
relevant information is authorized pursuant to this part, any person
who has information of the Committee and is required to respond to a
subpoena or other legal process shall attend at the time and place
therein mentioned and decline to disclose such information or give any
testimony with respect thereto, basing his refusal upon this part. If,
notwithstanding, the court or other body orders the disclosure of such
information, or the giving of such testimony, the person having such
information of the Committee shall continue to decline to disclose such
information and shall promptly report the facts to the Committee for
such action as the Committee may deem appropriate.
Sec. 271.9 Fee schedules; waiver of fees.
(a) Fee schedules. The fees applicable to a request for records
pursuant to Secs. 271.4 and 271.5 are set forth in Appendix A to this
section. These fees cover only the full allowable direct costs of
search, duplication, and review. No fees will be charged where the
average cost of collecting the fee (calculated at $5.00) exceeds the
amount of the fee.
(b) Payment procedures. The Secretary may assume that a person
requesting records pursuant to Sec. 271.5 will pay the applicable fees,
unless the request includes a limitation on fees to be paid or seeks a
waiver or reduction of fees pursuant to paragraph (f) of this section.
(1) Advance notification of fees. If the estimated charges are
likely to exceed $100, the Secretary of the Committee shall notify the
requester of the estimated amount, unless the requester has indicated a
willingness to pay fees as high as those anticipated. Upon receipt of
such notice, the requester may confer with the Secretary to reformulate
the request to lower the costs.
(2) Advance payment. The Secretary may require advance payment of
any fee estimated to exceed $250. The Secretary may also require full
payment in advance where a requester has previously failed to pay a fee
in a timely fashion. The time period for responding to requests under
Sec. 271.6(d), and the processing of the request shall be suspended
until the Secretary receives the required payment.
(3) Late charges. The Secretary may assess interest charges when
fee payment is not made within 30 days of the date on which the billing
was sent. Interest is at the rate prescribed in 31 U.S.C. 3717 and
accrues from the date of the billing.
(c) Categories of uses. The fees assessed depend upon the intended
use for the records requested. In determining which category is
appropriate, the Secretary shall look to the intended use set forth in
the request for records. Where a requester's description of the use is
insufficient to make a determination, the Secretary may seek additional
clarification before categorizing the request.
(1) Commercial use. The fees for search, duplication, and review
apply when records are requested for commercial use.
(2) Educational, research, or media use. The fees for duplication
apply when records are not sought for commercial use, and the requester
is a representative of the news media or an educational or
noncommercial scientific institution, whose purpose is scholarly or
scientific research. The first 100 pages of duplication, however, will
be provided free.
(3) All other uses. For all other requests, the fees for document
search and duplication apply. The first two hours of search time and
the first 100 pages of duplication, however, will be provided free.
(d) Nonproductive search. Fees for search and review may be charged
even if no responsive documents are located or if the request is
denied.
(e) Aggregated requests. A requester may not file multiple requests
at the same time, solely in order to avoid payment of fees. If the
Secretary reasonably believes that a requester is separating a request
into a series of requests for the purpose of evading the assessment of
fees, the Secretary may aggregate any such requests and charge
accordingly. It is considered reasonable for the Secretary to presume
that multiple requests of this type made within a 30-day period have
been made to avoid fees.
(f) Waiver or reduction of fees. A request for a waiver or
reduction of the fees, and the justification for the waiver, shall be
included with the request for records to which it pertains. If a waiver
is requested and the requester has not indicated in writing an
agreement to pay the applicable fees if the waiver request is denied,
the time for response to the request for documents, as set forth in
Sec. 271.6(d), shall not begin until a determination has been made on
the request for a waiver or reduction of fees.
(1) Standards for determining waiver or reduction. The Secretary
shall grant a waiver or reduction of fees where it is determined both
that disclosure of the information is in the public interest because it
is likely to contribute significantly to public understanding of the
operation or activities of the government, and that the disclosure of
information is not primarily in the commercial interest of the
requester. In making this determination, the following factors shall be
considered:
(i) Whether the subject of the records concerns the operations or
activities of the government;
(ii) Whether disclosure of the information is likely to contribute
significantly to public understanding of government operations or
activities;
(iii) Whether the requester has the intention and ability to
disseminate the information to the public;
(iv) Whether the information is already in the public domain;
(v) Whether the requester has a commercial interest that would be
furthered by the disclosure; and, if so,
(vi) Whether the magnitude of the identified commercial interest of
the requester is sufficiently large, in comparison with the public
interest in disclosure, that disclosure is primarily in the commercial
interest of the requester.
(2) Contents of request for waiver. A request for a waiver or
reduction of fees shall include:
(i) A clear statement of the requester's interest in the documents;
(ii) The use proposed for the documents and whether the requester
will derive income or other benefit for such use;
(iii) A statement of how the public will benefit from such use and
from the Committee's release of the documents;
(iv) A description of the method by which the information will be
disseminated to the public; and
(v) If specialized use of the information is contemplated, a
statement of the requester's qualifications that are relevant to that
use.
(3) Burden of proof. The burden shall be on the requester to
present evidence or information in support of a request for a waiver or
reduction of fees.
(4) Determination by Secretary. The Secretary shall make a
determination on the request for a waiver or reduction of fees and
shall notify the requester accordingly. A denial may be appealed to the
Committee in accordance with Sec. 271.6(h).
(g) Employee requests. In connection with any request by an
employee, former employee, or applicant for employment, for records for
use in prosecuting a grievance or complaint of discrimination against
the Committee, fees shall be waived where the total charges (including
charges for
[[Page 61222]]
information provided under the Privacy Act of 1974 (5 U.S.C. 552a) are
$50 or less; but the Secretary may waive fees in excess of that amount.
(h) Special services The Secretary may agree to provide, and set
fees to recover the costs of, special services not covered by the
Freedom of Information Act, such as certifying records or information
and sending records by special methods such as express mail or
overnight delivery.
Appendix A To Sec. 271.9--Freedom of Information Fee Schedule
Duplication:
Photocopy, per standard page........................... $.10
Paper copies of microfiche, per frame.................. .10
Duplicate microfiche, per microfiche................... .35
Search and review:
Clerical/Technical, hourly rate........................ 20.00
Professional/Supervisory, hourly rate.................. 38.00
Manager/Senior Professional, hourly rate............... 65.00
Computer search and production:
Computer operator search, hourly rate.................. 32.00
Tapes (cassette), per tape............................. 6.00
Tapes (cartridge), per tape............................ 9.00
Tapes (reel), per tape................................. 18.00
Diskettes (3\1/2\''), per diskette..................... 4.00
Diskettes (5\1/4\''), per diskette..................... 5.00
Computer Output (PC), per minute....................... .10
Computer Output (mainframe)............................ actual cost
By order of the Federal Open Market Committee, November 7, 1997.
Donald L. Kohn,
Secretary of the Federal Open Market Committee.
[FR Doc. 97-29965 Filed 11-14-97; 8:45 am]
BILLING CODE 6210-10-P
