96-15344. United States and Mexico, United States Section, Freedom of Information Act: Uniform Fee Schedule and Administrative Guidelines

[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Proposed Rules]
[Pages 31469-31470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15344]



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[[Page 31470]]

INTERNATIONAL BOUNDARY AND WATER COMMISSION

22 CFR Part 1102


United States and Mexico, United States Section, Freedom of 
Information Act: Uniform Fee Schedule and Administrative Guidelines

AGENCY: United States Section, International Boundary and Water 
Commission.

ACTION: Proposed rule.

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SUMMARY: This proposed rule will revise the United States Section, 
International Boundary and Water Commission (IBWC) regulations that 
implement the Freedom of Information Act (FOIA) fee schedule. This 
revision pertains to the charge for recovery of the full, allowable 
direct costs of searching for and reviewing records requested under the 
FOIA and section 1102.4 of the IBWC rules, unless such fees are 
restricted or waived in accordance with section 1102.6. These fees are 
being revised to correspond to modifications of rates of pay approved 
by the U.S. Congress.

DATES: All comments received on or before July 22, 1996, will be 
considered before final action is taken on this proposed rule.

ADDRESSES: Please submit any written comments to the Freedom of 
Information Act Officer, International Boundary and Water Commission, 
United States Section, The Commons, Bldg. C, Suite 310, 4171 N. Mesa, 
El Paso, TX 79902-1441, telephone: [phone].

FOR FURTHER INFORMATION CONTACT:
Dell Driver, telephone [phone].

SUPPLEMENTARY INFORMATION: The IBWC is modifying section 1102.4(a) of 
the rules which pertains to the charges for searching and reviewing 
records requested under the Freedom of Information Act (FOIA).
    The FOIA requires Federal agencies to establish a schedule of fees 
for the processing of requests for agency records in accordance with 
fee guidance issued by the Office of Management and Budget (OMB). In 
1987, OMB issued its Uniform Freedom of Information Act Fee Schedule 
and Guidelines. However, since 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 selection of fees.

List of Subjects in 22 CFR Part 1102

    Freedom of information.

    For the reasons set out in the preamble, part 1102.4(a)(1) of title 
22 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 1102--FREEDOM OF INFORMATION ACT

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

    Authority: 5 U.S.C. 552 (Pub. L. 90-23, as amended by Pub. L. 
93-502 and Pub. L. 99-570).

    2. Section 1102.4 (a)(1) and (a)(2) are revised to read as follows:


Sec. 1102.4  Fees.

    (a) The following shall be applicable with respect to services 
rendered to the public under this subpart:
    (1) Fee Schedule.
    (i) Searching for records, per hour or fraction thereof, per 
individual:

Professional.....................................................$23.71
Technical........................................................$16.57
Clerical.........................................................$13.38

    Includes the salary of the category of employee who actually 
performs the search computed at Step 5 of each grade level plus an 
additional 24% of that rate for personnel benefits. These fees will 
be periodically modified to correspond to changes in pay approved by 
Congress.

    (ii) The cost for computer searches will be calculated based on the 
salary of the category of employee who actually performs the computer 
search, plus 24% of that rate to include personnel benefits, plus the 
direct costs of the central processing unit, input-output devices, and 
memory capacity of the actual computer configuration.
    (iii) Reproduction fees:

    Pages no larger than 8\1/2\  x 14 inches when reproduced by 
routine electrostatic copying: $0.10 per page.
    Pages requiring reduction, enlargement, or other special 
services will be billed at direct cost to the Section. Reproduction 
by other than routine electrostatic copying will be billed at direct 
cost to the Section.

    (iv) Certification of each record as a true copy--$1.00.
    (v) Duplication of architectural photographs and drawings:

Blueprinting..........................................$1.00 per sq. ft.
Vellum Reproducible from blueprints...................$5.00 per sq. ft.

    (vi) Postage and handling. Full costs will be recovered from the 
requestor if special mailing such as express mail is indicated. 
Otherwise, records will be sent by first-class certified mail, domestic 
addresses only, direct cost paid by the U.S. Section.
    (2) Only requesters who are seeking documents for commercial use 
will be charged for time spent reviewing records to determine whether 
they are exempt from mandatory disclosure. The cost for review will be 
calculated based on the salary of the category of the employee who 
actually performed the review plus 24% of the rate to cover personal 
benefits. Charges will be assessed only for the initial review (i.e., 
review undertaken the first time in order to analyze the applicability 
of specific exemption(s) to a particular record or portion of record) 
and not review at the administrative appeal level of the exemption(s) 
already applied.
Dell Driver,
Freedom of Information Act Officer.
[FR Doc. 96-15344 Filed 6-19-96; 8:45 am]
BILLING CODE 7010-01-M