[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Proposed Rules]
[Pages 12068-12075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6229]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1215 and 2507

RIN 3045-AA16


Freedom of Information Act Regulation and Implementation of 
Electronic Freedom of Information Act Amendments of 1996

AGENCY: Corporation for National and Community Service.

ACTION: Proposed rule.

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SUMMARY: The Corporation for National and Community Service 
(hereinafter the ``Corporation'') revises its regulations under the 
Freedom of Information Act (FOIA). The Corporation seeks to redesignate 
the existing regulations under former ACTION's CFR chapter as updated 
regulations under the Corporation's CFR chapter. The Corporation 
expects this proposed rule will promote consistency in its processing 
of FOIA requests. These

[[Page 12069]]

procedures are also intended to facilitate the public's access to 
Corporation records, and also contain new provisions implementing the 
Electronic Freedom of Information Act Amendments of 1996.

DATES: Comments must be received by the Corporation no later than April 
13, 1998.

ADDRESSES: Comments may be mailed to the Corporation for National and 
Community Service, Office of General Counsel, Attn: Bill Hudson, 
Corporation FOIA/Privacy Act Officer, Room 8200, 1201 New York Avenue, 
NW., Washington D.C., 20525.

FOR FURTHER INFORMATION CONTACT: Bill Hudson, Corporation FOIA/Privacy 
Act Officer, at (202) 606-5000, ext. 265.

SUPPLEMENTARY INFORMATION: The Corporation is a wholly-owned government 
corporation created by Congress to administer programs established 
under the national service laws. The Corporation operates under two 
statutes, the National and Community Service Trust Act of 1993, 42 
U.S.C. 12501 et seq., and the Domestic Volunteer Service Act of 1993, 
as amended, 42 U.S.C. 4950 et seq.
    The functions of the ACTION agency, including the VISTA and senior 
volunteer programs, were transferred to the Corporation on April 4, 
1994. This proposed FOIA rule redesignates ACTION's policy at 45 CFR 
Chapter XII, Part 1215, to be revised as 45 CFR Chapter XXV, Part 2507, 
and governs the Corporation as a whole.

Regulatory Flexibility Act

    The General Counsel, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 606(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities. Under the Freedom of 
Information Act, agencies may recover only the direct costs for 
searching for, reviewing, and duplicating the records processed for 
requesters. Thus, fees accessed by the Corporation are nominal. 
Further, the ``small entities'' that make FOIA requests, as compared 
with individual requesters and other requesters, are relatively few in 
number.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866. The Office of Management and Budget has reviewed 
this rule and has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

                           Distribution Table                           
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           Old 45 CFR Part 1215                 New 45 CFR Part 2507    
------------------------------------------------------------------------
1215.1...................................  2507.1                       
1215.2...................................  2507.2                       
1215.3...................................  2507.3                       
1214.4...................................  2507.4                       
1215.5...................................  2507.5                       
1215.6...................................  2507.6                       
1215.7...................................  2507.7                       
1215.8...................................  2507.8                       
1215.9...................................  2507.9                       
1215.10..................................  2507.10                      
Appendix 1(A)............................  Appendix A                   
Appendix 1(B)............................  Appendix B                   
------------------------------------------------------------------------

List of Subjects in 45 CFR Parts 1215 and 2507

    Confidential business information, Freedom of information.

    Accordingly, and under the authority of 42 U.S.C. 12501 et seq., 
the Corporation proposes to amend 45 CFR chapters XII and XXV as 
follows:

PART 1215--[REDESIGNATED AS PART 2507]

    1. Part 1215 in 45 CFR chapter XII is redesignated as part 2507 in 
45 CFR chapter XXV and revised to read as follows:

PART 2507--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM 
OF INFORMATION ACT

Sec.
2507.1  Definitions
2507.2  What is the purpose of this part?
2507.3  What types of records are available for disclosure to the 
public?
2507.4  How are requests for records made?
2507.5  How does the Corporation process requests for records?
2507.6  Under what circumstances may the Corporation extend the time 
limits for an initial response?
2507.7  How does a one appeal the Corporation's denial of access to 
records?
2507.8  How are fees determined?
2507.9  What records will be denied disclosure under this part?
2507.10  What records are specifically exempt from disclosure?
2507.11  What are the procedures for the release of commercial 
business information?
2507.12  Authority.
Appendix A to Part 2507--Freedom of Information Act Request Letter 
(Sample)
Appendix B to Part 2507--Freedom of Information Act Appeal for 
Release of Information (Sample)

    Authority: 42 U.S.C. 12501 et seq.


Sec. 2507.1  Definitions

    As used in this part, the following definitions shall apply:
    (a) Act means section 552 of Title 5, United States Code, sometimes 
referred to as the ``Freedom of Information Act'', and Pub.L. 104-231, 
110 Stat. 3048, sometimes referred to as the ``Electronic Freedom of 
Information Act Amendments of 1996.''
    (b) Agency means any executive department, military department, 
government corporation, or other establishment in the executive branch 
of the Federal Government, or any independent regulatory agency. Thus, 
the Corporation is a Federal agency.
    (c) Commercial use request means a request from, or on behalf of, a 
person 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. The use to which the requester 
will put the records sought will be considered in determining whether 
the request is a commercial use request.
    (d) Corporation means the Corporation for National and Community 
Service.
    (e) Educational institution means a pre-school, elementary or 
secondary school, institution of undergraduate or graduate higher 
education, or institution of professional or vocational education, 
which operates a program of scholarly research.
    (f) Electronic data means records and information (including e-
mail) which are created, stored, and retrievable by electronic means.
    (g) Freedom of Information Act Officer (FOIA Officer) means the 
Corporation official who has been

[[Page 12070]]

delegated the authority to make the initial determination on whether to 
release or withhold records, and to assess, waive, or reduce fees in 
response to FOIA requests.
    (h) Non-commercial scientific institution means an institution that 
is not operated substantially for purposes of furthering its own or 
someone else's business trade, or profit interests, and that is 
operated for purposes of conducting scientific research whose results 
are not intended to promote any particular product or industry.
    (i) Public interest means the interest in obtaining official 
information that sheds light on an agency's performance of its 
statutory duties because the information falls within the statutory 
purpose of the FOIA to inform citizens about what their government is 
doing.
    (j) Record includes books, brochures, electronic mail messages, 
punch cards, magnetic tapes, cards, discs, paper tapes, audio or video 
recordings, maps, pamphlets, photographs, slides, microfilm, and motion 
pictures, or other documentary materials, regardless of physical form 
or characteristics, made or received by the Corporation pursuant to 
Federal law or in connection with the transaction of public business 
and preserved by the Corporation as evidence of the organization, 
functions, policies, decisions, procedures, operations, programs, or 
other activities. Record does not include objects or articles such as 
tangible exhibits, models, equipment, or processing materials; or 
formulas, designs, drawings, or other items of valuable property. 
Record does not include books, magazines, pamphlets or other materials 
acquired solely for reference purposes. Record does not include 
personal records of an individual not subject to agency creation or 
retention requirements, created and maintained primarily for the 
convenience of an agency employee, and not distributed to other agency 
employees for their official use. Record does not include information 
stored within a computer for which there is no existing computer 
program for retrieval of the requested information. A record must exist 
and be in the possession and control of the Corporation at the time of 
the request to be considered subject to this part and the FOIA. There 
is no obligation to create, compile, or obtain a record to satisfy a 
FOIA request. See Sec. 2507.5(d) with respect to creating a record in 
the electronic environment.
    (k) Representative of the news media means a person who is actively 
gathering information for an entity organized to publish, broadcast or 
otherwise disseminate news to the public. News media entities include 
television and radio broadcasters, publishers of periodicals who 
distribute their products to the general public or who make their 
products available for purchase or subscription by the general public, 
and entities that may disseminate news through other media (e.g., 
electronic dissemination of text). Freelance journalists will be 
treated as representatives of a new media entity if they can show a 
likelihood of publication through such an entity. A publication 
contract would be the clearest proof, but the Corporation may also look 
to the past publication record of a requester in making this 
determination.
    (l) FOIA request means a written request for Corporation records, 
made by any person, including a member of the public (U.S. or foreign 
citizen), an organization, or a business, but not including a Federal 
agency, an order from a court, or a fugitive from the law, that either 
explicitly or implicitly involves the FOIA, or this part. Written 
requests may be received by postal service or by facsimile.
    (m) Review means the process of examining records located in 
response to a request to determine whether any record or portion of a 
record is permitted to be withheld. It also includes processing records 
for disclosure (i.e., excising portions not subject to disclosure under 
the Act and otherwise preparing them for release). Review does not 
include time spent resolving legal or policy issues regarding the 
application of exemptions under the Act.
    (n) Search means looking for records or portions of records 
responsive to a request. It includes reading and interpreting a 
request, and also page-by-page and line-by-line examination to identify 
responsive portions of a document. However, it does not include line-
by-line examination where merely duplicating the entire page would be a 
less expensive and quicker way to comply with the request.


Sec. 2507.2  What is the purpose of this part?

    The purpose of this part is to prescribe rules for the inspection 
and release of records of the Corporation for National and Community 
Service pursuant to the Freedom of Information Act (``FOIA''), 5 U.S.C. 
552, as amended. Information customarily furnished to the public in the 
regular course of the Corporation's official business, whether hard 
copy or electronic records which are available to the public through an 
established distribution system, or through the Federal Register, the 
National Technical Information Service, or the Internet, may continue 
to be furnished without processing under the provisions of the FOIA or 
complying with this part.


Sec. 2507.3  What types of records are available for disclosure to the 
public?

    (a)(1) The Corporation will make available to any member of the 
public who requests them, the following Corporation records:
    (i) All publications and other documents provided by the 
Corporation to the public in the normal course of agency business will 
continue to be made available upon request to the Corporation;
    (ii) Final opinions, including concurring and dissenting opinions, 
as well as orders, made in the adjudication of administrative cases;
    (iii) Statements of policy and interpretation adopted by the agency 
and not published in the Federal Register;
    (iv) Administrative staff manuals and instructions to the staff 
that affect a member of the public; and
    (v) Copies of all records, regardless of form or format, which, 
because of the nature of their subject matter, the agency determines 
have become or are likely to become the subject of subsequent requests 
for substantially the same records.
    (2) Copies of a current index of the materials in paragraphs 
(a)(1)(i) through (v) of this section that are maintained by the 
Corporation, or any portion thereof, will be furnished or made 
available for inspection upon request.
    (b) To the extent necessary to prevent a clearly unwarranted 
invasion of personal privacy, the Corporation may delete identifying 
details from materials furnished under this part.
    (c) Brochures, leaflets, and other similar published materials 
shall be furnished to the public on request to the extent they are 
available. Copies of any such materials which are out of print shall be 
furnished to the public at the cost of duplication, provided, however, 
that, in the event no copy exists, the Corporation shall not be 
responsible for reprinting the document.
    (d) All records of the Corporation which are requested by a member 
of the public in accordance with the procedures established in this 
part shall be duplicated for the requester, except to the extent that 
the Corporation determines that such records are exempt from disclosure 
under the Act.
    (e) The Corporation will not be required to create new records, 
compile lists of selected items from its files, or provide a requester 
with statistical or other data (unless such data has been

[[Page 12071]]

compiled previously and is available in the form of a record.)
    (f) These records will be made available for public inspection and 
copying in the Corporation's reading room located at the Corporation 
for National and Community Service, 1201 New York Avenue, NW., Room 
8200, Washington, D.C., 20525, during the hours of 9:30 a.m. to 4:00 
p.m., Monday through Friday, except on official holidays.
    (g) Corporation records will be made available to the public unless 
it is determined that such records should be withheld from disclosure 
under subsection 552(b) of the Act and or in accordance with this part.


Sec. 2507.4  How are requests for records made?

    (a) How made and addressed. (1) Requests for Corporation records 
under the Act must be made in writing, and can be mailed, hand-
delivered, or received by facsimile, to the FOIA Officer, Corporation 
for National and Community Service, Office of the General Counsel, 1201 
New York Avenue, N.W., Room 8200, Washington, D.C. 20525. (See Appendix 
A for an example of a FOIA request.) All such requests, and the 
envelopes in which they are sent, must be plainly marked ``FOIA 
Request''. Hand-delivered requests will be received between 9 a.m. and 
4 p.m., Monday through Friday, except on official holidays. Although 
the Corporation maintains offices throughout the continental United 
States, all FOIA requests must be submitted to the Corporation's 
Headquarters office in Washington, DC.
    (2) Many of the Corporation's records available in the 
Corporation's reading room will also be made available for public 
access through the Corporation's ``electronic reading room'' internet 
site under ``Service Resources''. The following address is the 
Corporation's Internet Web site: http://www.nationalservice.org.
    (b) Request must adequately describe the records sought. A request 
must describe the records sought in sufficient detail to enable 
Corporation personnel to locate the records with reasonable effort, and 
without unreasonable burden to or disruption of Corporation operations. 
Among the kinds of identifying information which a requester may 
provide are the following:
    (1) The name of the specific program within the Corporation which 
may have produced or may have custody of the record (e.g., 
AmeriCorps*State/National Direct, AmeriCorps*NCCC (National Civilian 
Community Corps), AmeriCorps*VISTA (Volunteers In Service To America), 
Learn and Serve America, National Senior Service Corps (NSSC), Retired 
and Senior Volunteer Program (RSVP), Foster Grandparent Program (FGP), 
Senior Companion Program (SCP), and HUD Hope VI);
    (2) The specific event or action, if any, to which the record 
pertains;
    (3) The date of the record, or an approximate time period to which 
it refers or relates;
    (4) The type of record (e.g. contract, grant or report);
    (5) The name(s) of Corporation personnel who may have prepared or 
been referenced in the record; and
    (6) Citation to newspapers or other publications which refer to the 
record.
    (c) Agreement to pay fees. The filing of a request under this 
section shall be deemed to constitute an agreement by the requester to 
pay all applicable fees, up to $25.00, unless a waiver of fees is 
sought in the request letter. When filing a request, a requester may 
agree to pay a greater amount, if applicable. (See Sec. 2507.8 for 
further information on fees.)


Sec. 2507.5  How does the Corporation process requests for records?

    (a) Initial processing. Upon receipt of a request for agency 
records, the FOIA Officer will make an initial determination as to 
whether the requester has reasonably described the records being sought 
with sufficient specificity to determine which Corporation office may 
have possession of the requested records. The office head or his or her 
designees shall determine whether the description of the record(s) 
requested is sufficient to permit a determination as to existence, 
identification, and location. It is the responsibility of the FOIA 
Officer to provide guidance and assistance to the Corporation staff 
regarding all FOIA policies and procedures. All requests for records 
under the control and jurisdiction of the Office of the Inspector 
General will be forwarded to the Inspector General, through the FOIA 
Officer, for the Corporation's initial determination and reply to the 
requester.
    (b) Insufficiently identified records. On making a determination 
that the description contained in the request does not reasonably 
describe the records being sought, the FOIA Officer shall promptly 
advise the requester in writing or by telephone if possible. The FOIA 
Officer shall provide the requester with appropriate assistance to help 
the requester provide any additional information which would better 
identify the record. The requester may submit an amended request 
providing the necessary additional identifying information. Receipt of 
an amended request shall start a new 20 day period in which the 
Corporation will respond to the request.
    (c) Furnishing records. The Corporation is required to furnish only 
copies of what it has or can retrieve. It is not compelled to create 
new records or do statistical computations. For example, the 
Corporation is not required to write a new program so that a computer 
will print information in a special format. However, if the requested 
information is maintained in computerized form, and it is possible, 
without inconvenience or unreasonable burden, to produce the 
information on paper, the Corporation will do this if this is the only 
feasible way to respond to a request. The Corporation is not required 
to perform any research for the requester. The Corporation reserves the 
right to make a decision to conserve government resources and at the 
same time supply the records requested by consolidating information 
from various records rather than duplicating all of them. For example, 
if it requires less time and expense to provide a computer record as a 
paper printout rather than in an electronic medium, the Corporation 
will provide the printout. The Corporation is only required to furnish 
one copy of a record.
    (d) Format of the disclosure of a record. The requester, not the 
Corporation, will be entitled to choose the form of disclosure when 
multiple forms of a record already exist. Any further request for a 
record to be disclosed in a new form or format will have to be 
considered by the Corporation, on a case-by-case basis, to determine 
whether the records are ``readily reproducible'' in that form or format 
with ``reasonable efforts'' on the part of the Corporation. The 
Corporation shall make reasonable efforts to maintain its records in 
forms or formats that are reproducible for purposes of replying to a 
FOIA request.
    (e) Release of record. Upon receipt of a request specifically 
identifying existing Corporation records, the Corporation shall, within 
20 days (excepting Saturdays, Sundays, and legal public holidays), 
either grant or deny the request in whole or in part, as provided in 
this section. Any notice of denial in whole or in part shall require 
the FOIA Officer to inform the requester of his/her right to appeal the 
denial, in accordance with the procedures set forth in Sec. 2507.7. If 
the FOIA Officer determines that a request describes a requested record 
sufficiently to permit its identification, he/she shall make it 
available unless he/she determines, as appropriate, to withhold the 
record as

[[Page 12072]]

being exempt from mandatory disclosure under the Act.
    (f) Form and content of notice granting a request. The Corporation 
shall provide written notice of a determination to grant access within 
20 days (excepting Saturdays, Sundays, and legal public holidays) of 
receipt of the request. This will be done either by providing a copy of 
the record to the requester or by making the record available for 
inspection at a reasonable time and place. If the record cannot be 
provided at the time of the initial response, the Corporation shall 
make such records available promptly. Records disclosed in part shall 
be marked or annotated to show both the amount and the location of the 
information deleted wherever practicable.
    (g) Form and content of notice denying request. The Corporation 
shall notify the requester in writing of the denial of access within 20 
days (excepting Saturdays, Sundays, and legal public holidays), of 
receipt of the request. Such notice shall include:
    (1) The name and title or position of the person responsible for 
the denial;
    (2) A brief statement of the reason(s) for denial, including the 
specific exemption(s) under the Act on which the Corporation has relied 
in denying each document that was requested;
    (3) A statement that the denial may be appealed under Sec. 2507.7, 
and a description of the requirements of that Sec. 2507.7;
    (4) An estimate of the volume of records or information withheld, 
in number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption.


Sec. 2507.6  Under what circumstances may the Corporation extend the 
time limits for an initial response?

    The time limits specified for the Corporation's initial response in 
Sec. 2507.5, and for its determination on an appeal in Sec. 2507.7, may 
be extended by the Corporation upon written notice to the requester 
which sets forth the reasons for such extension and the date upon which 
the Corporation will respond to the request. Such extension may be 
applied at either the initial response stage or the appeal stage, or 
both, provided the aggregate of such extensions shall not exceed ten 
working days. Circumstances justifying an extension under this section 
may include the following:
    (a) Time necessary to search for and collect requested records from 
field offices of the Corporation;
    (b) Time necessary to locate, collect and review voluminous 
records; or
    (c) Time necessary for consultation with another agency having an 
interest in the request; or among two or more offices of the 
Corporation which have an interest in the request; or with a submitter 
of business information having an interest in the request.


Sec. 2507.7  How does one appeal the Corporation's denial of access to 
records?

    (a) Right of appeal. A requester has the right to appeal a partial 
or full denial of a FOIA request. The appeal must be put in writing and 
sent to the reviewing official identified in the denial letter. The 
requester must send the appeal within 60 days of the letter denying the 
appeal.
    (b) Contents of appeal. The written appeal may include as much or 
as little information as the requester wishes for the basis of the 
appeal.
    (c) Review process. The Chief Operating Officer (COO) is the 
designated official to act on all FOIA appeals. The COO's determination 
of an appeal constitutes the Corporation's final action. If the appeal 
is granted, in whole or in part, the records will be made available for 
inspection or sent to the requester, promptly, unless a reasonable 
delay is justified. If the appeal is denied, in whole or in part, the 
COO will state the reasons for the decision in writing, providing 
notice of the right to judicial review. A decision will be made on the 
appeal within 20 days (excepting Saturdays, Sundays, and legal public 
holidays), from the date the appeal was received by the COO.
    (d) When appeal is required. If a requester wishes to seek review 
by a court of an unfavorable determination, an appeal must first be 
submitted under this section.


Sec. 2507.8  How are fees determined?

    (a) Policy. It is the policy of the Corporation to provide the 
widest possible access to releasable Corporation records at the least 
possible cost. The purpose of the request is relevant to the fees 
charged.
    (b) Types of Request. Fees will be determined by category of 
requests as follows:
    (1) Commercial use requests. When a request for records is made for 
commercial use, charges will be assessed to cover the costs of 
searching for, reviewing for release, and reproducing the records 
sought.
    (2) Requests for educational and non-commercial scientific 
institutions. When a request for records is made by an educational or 
non-commercial scientific institution in furtherance of scholarly or 
scientific research, respectively, charges may be assessed to cover the 
cost of reproduction alone, excluding charges for reproduction of the 
first 100 pages. Whenever the total fee calculated is $18.00 or less, 
no fee shall be charged.
    (3) Requests from representatives of the news media. When a request 
for records is made by a representative of the news media for the 
purpose of news dissemination, charges may be assessed to cover the 
cost of reproduction alone, excluding the charges for reproduction of 
the first 100 pages. Whenever the total fee calculated is $18.00 or 
less, no fee shall be charged.
    (4) Other requests. When other requests for records are made which 
do not fit the three preceding categories, charges will be assessed to 
cover the costs of searching for and reproducing the records sought, 
excluding charges for the first two hours of search time and for 
reproduction of the first 100 pages. (However, requests from 
individuals for records about themselves contained in the Agency's 
systems of records will be treated under the fee provisions of the 
Privacy Act of 1974 (5 U.S.C. 552a) which permit the assessment of fees 
for reproduction costs only, regardless of the requester's 
characterization of the request). Whenever the total fee calculated is 
$18.00 or less, no fee shall be charged to the requester.
    (c) Direct costs. Fees assessed shall provide only for recovery of 
the Corporation's direct costs of search, review, and reproduction. 
Review costs shall include only the direct costs incurred during the 
initial examination of a record for the purposes of determining whether 
a record must be disclosed under this part and whether any portion of a 
record is exempt from disclosure under this part. Review costs shall 
not include any costs incurred in resolving legal or policy issues 
raised in the course of processing a request or an appeal under this 
part.
    (d) Charging of fees. The following charges may be assessed for 
copies of records provided to a requester:
    (1) Copies made by photostat shall be charged at the rate of $0.10 
per page.
    (2) Searches for requested records performed by clerical/
administrative personnel shall be charged at the rate of $4.00 per 
quarter hour.
    (3) Where a search for requested records cannot be performed by 
clerical administrative personnel (for example, where the tasks of 
identifying and compiling records responsive to a

[[Page 12073]]

request must be performed by a skilled technician or professional), 
such search shall be charged at the rate of $7.00 per quarter hour.
    (4) Where the time of managerial personnel is required, the fee 
shall be $10.25 for each quarter hour of time spent by such managerial 
personnel.
    (5) Computer searches for requested records shall be charged at a 
rate commensurate with the combined cost of computer operation and 
operator's salary attributable to the search.
    (6) Charges for non-release. Charges may be assessed for search and 
review time, even if the Corporation fails to locate records responsive 
to a request or if records located are determined to be exempt from 
disclosure.
    (e) Consent to pay fees. In the event that a request for records 
does not state that the requester will pay all reasonable costs, or 
costs up to a specified dollar amount, and the FOIA Officer determines 
that the anticipated assessable costs for search, review and 
reproduction of requested records will exceed $25.00, or will exceed 
the limit specified in the request, the requester shall be promptly 
notified in writing. Such notification shall state the anticipated 
assessable costs of search, review and reproduction of records 
requested. The requester shall be afforded an opportunity to amend the 
request to narrow the scope of the request, or, alternatively, may 
agree to be responsible for paying the anticipated costs. Such a 
request shall be deemed to have been received by the Corporation upon 
the date of receipt of the amended request.
    (f) Advance payment. (1) Advance payment of assessable fees are not 
required from a requester unless:
    (i) The Corporation estimates or determines that assessable charges 
are likely to exceed $250.00, and the requester has no history of 
payment of FOIA fees. (Where the requester has a history of prompt 
payment of fees, the Corporation shall notify the requester of the 
likely cost and obtain written assurance of full payment.)
    (ii) A requester has previously failed to pay a FOIA fee charged in 
a timely fashion (i.e., within 30 days of the date of the billing).
    (2) When the Corporation acts under paragraphs (g)(1)(i) or (ii) of 
this section, the administrative time limits prescribed in 
Sec. 2507.5(a)and (b) will begin to run only after the Corporation has 
received fee payments or assurances.
    (g) Interest on non-payment. Interest charges on an unpaid bill may 
be assessed starting on the 31st day following the day on which the 
billing was sent. Interest will be assessed at the rate prescribed in 
31 U.S.C. 3717 and will accrue from the date of the billing. The 
Corporation may use the authorization of the Debt Collection Act of 
1982 (Pub. L. 97-365, 96 Stat. 1749), as amended, and its 
administrative procedures, including disclosure to consumer reporting 
agencies and the use of collection agencies, to encourage payment of 
delinquent fees.
    (h) Aggregating requests. Where the Corporation reasonably believes 
that a requester or a group of requesters acting together is attempting 
to divide a request into a series of requests for the purpose of 
avoiding fees, the Corporation may aggregate those requests and charge 
accordingly. The Corporation may presume that multiple requests of this 
type made within a 30-day period have been made in order to avoid fees. 
Where requests are separated by a longer period, the Corporation will 
aggregate them only where there exists a solid basis for determining 
that aggregation is warranted under the circumstances involved. 
Multiple requests involving unrelated matters will not be aggregated.
    (i) Making payment. Payment of fees shall be forwarded to the FOIA 
Officer by check or money order payable to ``Corporation for National 
and Community Service''. A receipt for any fees paid will be provided 
upon written request.
    (j) Fee processing. No fee shall be charged if the administrative 
costs of collection and processing of such fees are equal to or do not 
exceed the amount of the fee.
    (k) Waiver or reduction of fees. A requester may, in the original 
request, or subsequently, apply for a waiver or reduction of document 
search, review and reproduction fees. Such application shall be in 
writing, and shall set forth in detail the reason(s) a fee waiver or 
reduction should be granted. The amount of any reduction requested 
shall be specified in the request. Upon receipt of such a request, the 
FOIA Officer will determine whether a fee waiver or reduction should be 
granted.
    (l) A waiver or reduction of fees shall be granted only if release 
of the requested information to the requester is in the public interest 
because it is likely to contribute significantly to public 
understanding of the operations or activities of the Corporation, and 
it is not primarily in the commercial interest of the requester. The 
Corporation shall consider the following factors in determining whether 
a waiver or reduction of fees will be granted:
    (i) Does the requested information concern the operations or 
activities of the Corporation?
    (ii) If so, will disclosure of the information be likely to 
contribute to public understanding of the Corporation's operations and 
activities?
    (iii) If so, would such a contribution be significant?
    (iv) Does the requester have a commercial interest that would be 
furthered by disclosure of the information?
    (v) If so, is the magnitude of the identified commercial interest 
of the requester sufficiently large, in comparison with the public 
interest in disclosure, that disclosure is primarily in the commercial 
interest of the requester?
    (2) In applying the criteria in paragraph (k)(1) of this section, 
the Corporation will weigh the requester's commercial interest against 
any public interest in disclosure. Where there is a public interest in 
disclosure, and that interest can fairly be regarded as being of 
greater magnitude than the requester's commercial interest, a fee 
waiver or reduction may be granted.
    (3) When a fee waiver application has been included in a request 
for records, the request shall not be considered officially received 
until a determination is made regarding the fee waiver application. 
Such determination shall be made within five working days from the date 
any such request is received in writing by the Corporation.


Sec. 2507.9  What records will be denied disclosure under this part?

    Since the policy of the Corporation is to make the maximum amount 
of information available to the public consistent with its other 
responsibilities, written requests for a Corporation record made under 
the provisions of the FOIA may be denied when:
    (a) The record is subject to one or more of the exemptions of the 
FOIA.
    (b) The record has not been described clearly enough to enable the 
Corporation staff to locate it within a reasonable amount of effort by 
an employee familiar with the files.
    (c) The requestor has failed to comply with the procedural 
requirements, including the agreement to pay any required fee.
    (d) For other reasons as required by law, rule, regulation or 
policy.


Sec. 2507.10  What records are specifically exempt from disclosure?

    Any reasonably segregable portion of a record shall be provided to 
any person requesting such record after deletion of

[[Page 12074]]

portions which are exempt under this section. The following categories 
are examples of records maintained by the Corporation which, under the 
provision of 5 U.S.C. 552(b), are exempted from disclosure:
    (a) Records required to be withheld under criteria established by 
an Executive Order in the interest of national defense and policy and 
which are in fact properly classified pursuant to any such Executive 
Order. Included in this category are records required by Executive 
Order No. 12958 (3 CFR, 1995 Comp., p. 333), as amended, to be 
classified in the interest of national defense or foreign policy.
    (b) Records related solely to internal personnel rules and 
practices. Included in this category are internal rules and regulations 
relating to personnel management operations which cannot be disclosed 
to the public without substantial prejudice to the effective 
performance of significant functions of the Corporation.
    (c) Records specifically exempted from disclosure by statute.
    (d) Information of a commercial or financial nature including trade 
secrets given in confidence. Included in this category are records 
containing commercial or financial information obtained from any person 
and customarily regarded as privileged and confidential by the person 
from whom they were obtained.
    (e) Interagency or intra-agency memoranda or letters which would 
not be available by law to a party other than a party in litigation 
with the Corporation. Included in this category are memoranda, letters, 
inter-agency and intra-agency communications and internal drafts, 
opinions and interpretations prepared by staff or consultants and 
records meant to be used as part of deliberations by staff, or 
ordinarily used in arriving at policy determinations and decisions.
    (f) Personnel, medical and similar files. Included in this category 
are personnel and medical information files of staff, individual 
national service applicants and participants, lists of names and home 
addresses, and other files or material containing private or personal 
information, the public disclosure of which would amount to a clearly 
unwarranted invasion of the privacy of any person to whom the 
information pertains.
    (g) Investigatory files. Included in this category are files 
compiled for the enforcement of all laws, or prepared in connection 
with government litigation and adjudicative proceedings, provided 
however, that such records shall be made available to the extent that 
their production will not:
    (1) Interfere with enforcement proceedings;
    (2) Deprive a person of a right to a fair trial or an impartial 
adjudication;
    (3) Constitute an unwarranted invasion of personal privacy;
    (4) Disclose the identity of a confidential source, and in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
security intelligence investigation, confidential information furnished 
by confidential source;
    (5) Disclose investigative techniques and procedures; or
    (6) Endanger the life or physical safety of law enforcement 
personnel.


Sec. 2507.11  What are the procedures for the release of commercial 
business information?

    (a) Notification of business submitter. The Corporation shall 
promptly notify a business submitter of any request for Corporation 
records containing business information. The notice shall either 
specifically describe the nature of the business information requested 
or provide copies of the records, or portions thereof containing the 
business information.
    (b) Business submitter reply. The Corporation shall afford a 
business submitter 10 working days to object to disclosure, and to 
provide the Corporation with a written statement specifying the grounds 
and arguments why the information should be withheld under Exemption 
(b)(4) of the Act.
    (c) Considering and balancing respective interests. (1) The 
Corporation shall carefully consider and balance the business 
submitter's objections and specific grounds for nondisclosure against 
such factors as:
    (i) The general custom or usage in the occupation or business to 
which the information relates that it be held confidential; and
    (ii) The number and situation of the individuals who have access to 
such information; and
    (iii) The type and degree of risk of financial injury to be 
expected if disclosure occurs; and
    (iv) The length of time such information should be regarded as 
retaining the characteristics noted in paragraphs (c)(1) (i) through 
(iii) of this section in determining whether to release the requested 
business information.
    (2)(i) Whenever the Corporation decides to disclose business 
information over the objection of a business submitter, the Corporation 
shall forward to the business submitter a written notice of such 
decision, which shall include:
    (A) The name, and title or position, of the person responsible for 
denying the submitter's objection;
    (B) A statement of the reasons why the business submitter's 
objection was not sustained;
    (C) A description of the business information to be disclosed; and
    (D) A specific disclosure date.
    (ii) The notice of intent to disclose business information shall be 
mailed by the Corporation not less than six working days prior to the 
date upon which disclosure will occur, with a copy of such notice to 
the requester.
    (d) When notice to business submitter is not required. The notice 
to business submitter shall not apply if:
    (1) The Corporation determines that the information shall not be 
disclosed;
    (2) The information has previously been published or otherwise 
lawfully been made available to the public; or
    (3) Disclosure of the information is required by law (other than 5 
U.S.C. 552).
    (e) Notice of suit for release. Whenever a requester brings suit to 
compel disclosure of business information, the Corporation shall 
promptly notify the business submitter.


Sec. 2507.12  Authority.

    The Corporation receives authority to change its governing 
regulations from the National and Community Service Act of 1990, as 
amended (42 U.S.C. 12501 et seq.).

Appendix A to Part 2507--Freedom of Information Act Request Letter 
(Sample)

Freedom of Information Act Officer-------------------------------------

Name of Agency---------------------------------------------------------

Address of Agency------------------------------------------------------

City, State, Zip Code--------------------------------------------------

Re: Freedom of Information Act Request.

  Dear:----------------------------------------------------------------
    This is a request under the Freedom of Information Act.
    I request that a copy of the following documents [or documents 
containing the following information] be provided to me: [identify 
the documents or information as specifically as possible].

[Sample requester descriptions]

--A representative of the news media affiliated with the 
____________________ newspaper (magazine, television station, etc.) 
and this request is made as part of news gathering and not for 
commercial use.
--Affiliated with an educational or non-commercial scientific 
institution, and this request is not for commercial use.
--An individual seeking information for personal use and not for 
commercial use.

[[Page 12075]]

--Affiliated with a private corporation and am seeking information 
for use in the company's business.

    [Optional] I am willing to pay fees for this request up to a 
maximum of $____________. If you estimate that the fees will exceed 
this limit, please inform me first.

    [Optional] I request a waiver of all fees for this request. 
Disclosure of the requested information to me is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of government and is 
not primarily in my commercial interest. [Include a specific 
explanation.]
    In order to help you determine my status to assess fees, you 
should know that I am (insert a suitable description of the 
requester and the purpose of the request).
    Thank you for your consideration of this request.

          Sincerely,
Name-------------------------------------------------------------------

Address----------------------------------------------------------------

City, State, Zip Code--------------------------------------------------

Telephone Number [Optional]--------------------------------------------

Appendix B to Part 2507--Freedom of Information Act Appeal for Release 
of Information (Sample)

Appeal Officer---------------------------------------------------------

Name of Agency---------------------------------------------------------

Address of Agency------------------------------------------------------

City, State, Zip Code--------------------------------------------------

Re: Freedom of Information Act Appeal.

  Dear:----------------------------------------------------------------
    This is an appeal under the Freedom of Information Act.
    On (date), I requested documents under the Freedom of 
Information Act. My request was assigned the following 
identification number ____________. On (date), I received a response 
to my request in a letter signed by (name of official). I appeal the 
denial of my request.
    [Optional] The documents that were withheld must be disclosed 
under the FOIA because * * *.
    [Optional] Respond for waiver of fees. I appeal the decision to 
deny my request for a waiver of fees. I believe that I am entitled 
to a waiver of fees. Disclosure of the documents I requested is in 
the public interest because the information is likely to contribute 
significantly to public understanding of the operation or activities 
of government and is not primarily in my commercial interest. 
(Provide details)
    [Optional] I appeal the decision to require me to pay review 
costs for this request. I am not seeking the documents for a 
commercial use. (Provide details)
    [Optional] I appeal the decision to require me to pay search 
charges for this request. I am a reporter seeking information as 
part of news gathering and not for commercial use.
    Thank you for your consideration of this appeal.

        Sincerely,
Name-------------------------------------------------------------------

Address----------------------------------------------------------------

City, State, Zip Code--------------------------------------------------

Telephone Number [Optional]--------------------------------------------

    Dated: March 5, 1998.
Kenneth L. Klothen,
General Counsel.
[FR Doc. 98-6229 Filed 3-11-98; 8:45 am]
BILLING CODE 6050-28-P