[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60013-60015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30122]


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FEDERAL RESERVE SYSTEM

12 CFR Part 261

[Docket No. R-0946]


Rules Regarding Availability of Information

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Interim rule with request for comments.

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SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
hereby amends its Rules Regarding Availability of Information to 
reflect changes in the direct costs to the Board to conduct searches, 
review documents, and copy documents in response to requests made under 
the Freedom of Information Act (FOIA) by amending its Appendix A to 
Sec. 261.10--Freedom of Information Fee Schedule.

DATES: The interim rule is effective on January 1, 1997. Comments must 
be received on or before December 26, 1996.

ADDRESSES: Comments, which should refer to Docket No. R-0946, may be 
mailed to Mr. William W. Wiles, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue, N.W., 
Washington, D.C. 20551. Comments addressed to Mr. Wiles also may be 
delivered to the Board's mail room between 8:45 a.m. and 5:15 p.m. and 
to the security control room outside of those hours. Both the mail room 
and the security control room are accessible from the courtyard 
entrance on 20th Street between Constitution Avenue and C Street, N.W. 
Comments may be inspected in Room MP-500 between 9:00 a.m. and 5:00 
p.m.

FOR FURTHER INFORMATION CONTACT: Elaine M. Boutilier, Senior Counsel, 
(202/452-2418), Legal Division; or Susanne K. Mitchell, Manager, 
Freedom of Information Office (202/452-2407). For the hearing impaired 
only, contact Dorothea Thompson, Telecommunications Device for the Deaf 
(TDD)(202/452-3544), Board of Governors of the Federal Reserve System, 
20th and Constitution, N.W., Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: FOIA requires each federal agency to 
``promulgate regulations, pursuant to notice and receipt of public 
comment, specifying the schedule of fees applicable to the processing 
of requests . . .'' under FOIA. 5 U.S.C. 552(a)(4)(A)(i). The Board's 
current fee schedule was last amended in January 1991. (55 FR 49872, 
December 3, 1990) Since that time, the Board's direct costs for search, 
review, and duplication have increased. Therefore, the Board proposes 
to increase its fees for those services by amending Appendix A to 
Sec. 261.10 of its Rules Regarding Availability of Information (Rules). 
These revised fees reflect changes in the Board's direct costs over the 
past six years, due primarily to changes in the salaries of the 
employees who perform services in connection with requests filed under 
FOIA. The fee schedule is also expanded to include fees for the various 
forms of computer output that may be provided in response to requests. 
This amendment makes no change in the definition of services or direct 
and actual costs, or in the treatment of various categories of 
requesters.
    A comparison of the current fee schedule and the fee schedule 
established by the interim rule is set forth below (certain fees were 
not included in the old schedule, these are indicated by N/A):

------------------------------------------------------------------------
                    Service                       Old fee      New fee  
------------------------------------------------------------------------
Duplication:                                                            
    Photocopy, per standard page..............         $.10         $.10
    Paper copies of microfiche, per frame.....          .10          .10
    Duplicate microfiche, per microfiche......          .30          .35
Search and review:                                                      
    Clerical/technical (FR 31-36/FR 21-22)....        17.00        20.00
    Professional/Supervisory (FR 23-26).......        32.00        38.00
    Manager/Senior Professional (FR 27-29)....        53.00        65.00
Computer search and production:                                         
    Computer Operator Search time.............        25.00        32.00
    Tapes (cassette)..........................         5.00         6.00
    Tapes (cartridge).........................         5.00         9.00
    Tapes (reel)..............................          N/A        18.00
    Diskettes (3\1/2\'')......................          N/A         4.00
    Diskettes (5\1/4\'')......................          N/A         5.00
    Computer Output (PC), per minute..........          .10          .10
    Computer Output (mainframe)...............        (\1\)        (\1\)
------------------------------------------------------------------------
\1\ Actual cost.                                                        


[[Page 60014]]

    The Board is issuing this rule as an interim rule, with provision 
for subsequent public comment and revision as appropriate, so that the 
revised fee schedules may take effect on January 1, 1997, which is the 
beginning of the Board's fiscal year.
    Publication of a proposed rule, and deferral of the effective date 
of the final rule until 30 days following issuance of a final rule 
following completion of the comment period, would make it difficult and 
costly for the Board to implement a change in fees prior to January 1, 
1998. The Board must make any changes in FOIA fees effective on January 
1, 1997, to avoid the considerable expense associated with 
extraordinary midyear programming and administrative changes outside 
the context of the Board's calendar year budget cycle. Postponing the 
effective date until January 1, 1998, would prevent the Board from 
recovering its direct costs during the interim period. Such a 
postponement should not be necessary, in the Board's view, since the 
changes are based on a recently completed staff study of direct costs, 
and seem clearly warranted under the standards of FOIA, and since the 
Board believes it must proceed to recover costs that may lawfully be 
recovered in the interest of sound fiscal management.
    FOIA makes clear that fee schedules may be changed to reflect 
changes in direct costs and that, subject to standards and exceptions 
not modified by this interim rule, requesters must bear the actual 
costs of document search, review, and duplication. Thus, as the cost to 
the Board of performing these functions increases, requesters would 
expect their fees to increase correspondingly. All information 
necessary to issue the interim rule is in the possession of the Board, 
and no outside factual input is required to assist the Board in 
determining its actual direct costs. Accordingly, the Board has 
concluded that publication of a proposed rule for comment would be 
impractical, unnecessary, and contrary to the public interest. 
Therefore, the Board finds that under 5 U.S.C. 553(b)(B) it has good 
cause to dispense with the general requirement that notice of proposed 
rules be given. The Board notes that the interim rule will be effective 
January 1, 1997, following the close of the comment period, rather than 
immediately. The Board further notes that a review of the substantive 
provisions of the Rules will be made in 1997 as a result of the 
Electronic Freedom of Information Act Amendments of 1996 (Pub. L. 104-
231), at which time these fees can be reviewed should that be deemed 
necessary.
    Consistent with the spirit of 5 U.S.C. 553(d), this interim rule 
will become effective on January 1, 1997. Public comments may be 
submitted until December 26, 1996. Those comments will be given due 
consideration, and changes in the interim rule will be made if 
appropriate based on those comments.

Initial Regulatory Flexibility Analysis

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605), the Board certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
The amendment is a change in agency fees applicable to FOIA requests 
that would not have a substantial effect on particular small entities. 
Accordingly, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
CH. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule under 
the authority delegated to the Board by the Office of Management and 
Budget. No collections of information pursuant to the Paperwork 
Reduction Act are contained in the interim rule.

List of Subjects in 12 CFR Part 261

    Confidential business information, Federal Reserve System, Freedom 
of information.

    For the reasons set forth in this document, and pursuant to the 
Board's authority under the Freedom of Information Act (5 U.S.C. 
552(a)(4)(A)(i)), the Board amends 12 CFR Part 261 as follows:

PART 261--RULES REGARDING AVAILABILITY OF INFORMATION

    1. The authority citation for Part 261 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 12 U.S.C. 248(k), 321, and 1844.

    2. Appendix A to Sec. 261.10 is amended by revising the FREEDOM OF 
INFORMATION FEE SCHEDULE at the beginning of the appendix preceding the 
heading ``Special Services'' to read as follows:

     Appendix A to Sec.  261.10--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)............................       (\1\) 
------------------------------------------------------------------------
\1\ Actual cost.                                                        


[[Page 60015]]

* * * * *
    By order of the Board of Governors of the Federal Reserve 
System, November 20, 1996.
William W. Wiles,
Secretary of the Board.
[FR Doc. 96-30122 Filed 11-25-96; 8:45 am]
BILLING CODE 6210-01-P