[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