[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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