[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Proposed Rules]
[Pages 44634-44636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21139]
[[Page 44633]]
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Part III
Department of Agriculture
_______________________________________________________________________
Agricultural Research Service
_______________________________________________________________________
7 CFR Part 505
National Agricultural Library Fees for Loans and Copying; Proposed Rule
Federal Register / Vol. 64, No. 157 / Monday, August 16, 1999 /
Proposed Rules
[[Page 44634]]
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 505
National Agricultural Library Fees for Loans and Copying
AGENCY: Agricultural Research Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Department of Agriculture (USDA) seeks comments on a
proposed rule establishing a fee schedule for loans of materials, and
establishing a fee schedule for copying of materials in the collections
of the National Agricultural Library. Establishing a flat fee allows
the customer to estimate their costs more effectively and allows the
library to eliminate the cost of multiple steps currently necessary in
determining pro-rated fees.
DATES: Comments must be submitted on or before September 15, 1999.
ADDRESSES: Address all comments to Eileen McVey, Access Services
Librarian, Document Delivery Services Branch, National Agricultural
Library, Agricultural Research Service, Room 300, 10301 Baltimore Ave.,
Beltsville MD 20705-2351. Telephone: 301-504-6503. Email:
[email protected]
FOR FURTHER INFORMATION CONTACT: Carol Ditzler, Head Document Delivery
Services Branch, National Agricultural Library, Agricultural Research
Service, Room 300, 10301 Baltimore Ave., Beltsville MD 20705-2351.
SUPPLEMENTARY INFORMATION:
Classification
This proposed rule has been reviewed under Executive Order 12866,
and it has been determined that it is not a ``significant regulatory
action'' rule because it will not have an annual effect on the economy
of $100 million or more or adversely and materially affect a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities. This proposed rule will not create any serious
inconsistencies or otherwise interfere with actions taken or planned by
another agency. It will not materially alter the budgetary impact of
entitlement, grants or user fees, or loan programs, or the rights and
obligations of recipients thereof, and does not raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or principles set forth in Executive Order 12866.
Regulatory Flexibility Act
The Department of Agriculture certifies that this rule will not
have a significant impact on a substantial number of small entities as
defined in the Regulatory Flexibility Act, Pub. L. 96-534, as amended
(5 U.S.C. 601, et seq.).
Paperwork Reduction Act
In accordance with the Office of Management and Budget (OMB)
regulations (5 CFR part 1320) which implement the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35), the information collection and
record keeping requirements that will be imposed in implementation of
this proposed rule have been submitted to OMB for approval. Those
requirements would not become effective prior to OMB approval.
Title: Collection of information regarding requests for loans or
copies of materials in the collections of the NAL.
Summary: The purpose of this collection of information is to
collect, either orally or by use of a form, contact information from
persons who request loans, or copies, of materials in the collections
of the NAL for which a fee will be charged. Information to be collected
will include the name, address, telephone number, and signature of the
representative of the party requesting the loan and/or copies of NAL
material.
Need for the Information: The information is needed for NAL to
deliver loans and/or copies from NAL collection materials and to keep
records of parties to whom fees are chargeable and who are accountable
for the custody of loaned NAL property.
Respondents: Respondents to the collection of information will be
those libraries or other institutions or organizations that request
interlibrary loans or copies of material in the NAL collections. Each
respondent will have to furnish the information for each loan or
copying request. The NAL expects to receive approximately 6,000
domestic and Canadian non-USDA requests for loans and approximately
22,000 domestic and Canadian non-USDA requests for copies of NAL
materials per year.
Estimate of burden: The estimated burden on respondents for each
loan or copying request is >.08 hours. The total annual reporting and
record keeping burden on respondents will be de minimis.
Comments: Comments on this proposed collection of information may
be submitted to Eileen McVey at the address listed above within 60 days
after date of publication or to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Office for USDA. Reference
should be made to the volume, page, and date of this Federal Register
publication.
Background
Section 1410A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3125a), as added by section
1606(a) of Pub. L. 101-624, expanded existing statutory authorities for
the NAL. In particular, section 1410A(e) authorized the NAL Director to
make copies of NAL bibliographies, to make microforms and other
reproductions of books and other library materials in USDA, to provide
any other library and information products and services, and to sell
those products and services at such price (not less than the total
costs of disseminating the products and services) as the Secretary of
Agriculture deems appropriate. Receipts from such sales must be
deposited to the credit of appropriations available to the NAL and
remain available until expended.
Currently, USDA regulations (7 CFR part 1, Appendix A) supply a fee
schedule for copying of NAL materials requested under the Freedom of
Information Act (FOIA), 5 U.S.C. 552. NAL proposes in this regulation
to adopt a fee schedule for copying of NAL materials pursuant to
interlibrary loan or other research requests, and to cover the costs of
interlibrary loans of materials from NAL collections.
Fee Schedule for Loans of Materials From the NAL Collection
The NAL proposes to charge fees for interlibrary loans of original
materials from the NAL collection to other non-Federal and non-USDA
libraries and institutions in the United States and Canada. By original
materials, it is meant that NAL will provide loans of original works,
and not copies, except in rare instances where works are too fragile or
valuable for shipment. Libraries are encouraged to obtain materials
locally and to view the NAL as a library of last resort. Loans directly
to individuals are not permitted.
A flat fee of $15.00 per loaned item will be charged. Fees
generated will be used to recover actual processing costs and to offset
general wear and tear on the collection when items are loaned. The
$15.00 amount is based on a study of current library costs and market
comparisons. There will be no charge for renewals.
Costs for replacement of lost or damaged materials will be the
actual cost to purchase a replacement or a flat
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fee if the exact cost cannot be determined. A processing cost will be
added to all lost or damaged materials.
Fee Schedule for Paper Copying, Duplication, and Reproduction Services
From the NAL Collection
The NAL proposes to adopt a fee schedule, separate from the fee
schedule applicable to FOIA requests under 7 CFR part 1, Appendix A,
for paper copying, duplication, and reproduction services provided to
non-USDA and non-federal libraries and institutions in the United
States. These services will be provided only in response to an
interlibrary loan request from a library. Use of the interlibrary loan
system ensures that NAL receives the request in an appropriate form and
format for response. In some exceptions, services will be provided for
requests from individuals who have not been able to obtain materials
through their local resources or who have made special arrangements
with the Special Collections section using their forms.
Copying of articles is subject to a maximum limitation of 50 pages
per article for purposes of copyright compliance. This limitation is
based on the CONTU Guidelines (National Commission on New Technological
Uses of Copyright Works) and the Agency's interpretation of the
applicable provisions of 17 U.S.C. chapter 1.
The NAL proposes to charge in its schedule of fees for photocopying
of paper materials and paper copying of microfiche or microfilm. NAL is
switching from a per page-based charge to a per item flat fee because,
historically, the average request is between 10 and 20 pages.
Establishing a flat fee allows the customer to estimate their costs
more effectively and allows the library to eliminate the cost of
multiple steps currently necessary in determining pro-rated fees. Fees
established are based on actual costs (staffing, contract costs,
supplies, copier maintenance, normal wear and tear on the collection,
delivery costs, etc.) as well as based on a review of comparable fees
across the nation charged by other research and academic libraries. All
fees will apply to non-USDA and non-federal library requests that meet
standard interlibrary loan format requirements and apply to copying of
materials from the NAL collections only.
NAL also proposes a flat rate for the costs of duplication of NAL
owned microfiche and microfilm. Photographic services from NAL Special
Collections will be charged at cost for reproduction of the photo
product, plus a flat rate for preparation costs.
Payment Submission Requirements
The National Technical Information Service (NTIS) within the United
States Department of Commerce provides a number of services to Federal
Agencies, one of which is billing and collection services. NAL
currently uses and proposes to use NTIS as the preferred method for
invoicing and payment of fees under this fee schedule. Use of NTIS by
NAL is preferred because it is the only agency providing this service
to Federal offices. NAL encourages institutional users to establish
deposit accounts with NTIS. Payment for services will be made by check
, money order or credit card in U.S. funds directly to the NTIS upon
receipt of invoice from NTIS.
Subject to service charges for the actual costs of performing the
invoicing service, funds received by NTIS will be returned to NAL to
the credit of the appropriation account charged with the costs of
providing the loan or copying service.
List of Subjects in 7 CFR Part 505
Agriculture, Agricultural research, Libraries, Research, User fees.
For the reasons set out in the preamble, chapter V of Title 7 of
the Code of Federal Regulations is amended as set forth below:
Part 505 is added to read as follows:
PART 505--NATIONAL AGRICULTURAL LIBRARY FEES FOR LOANS AND COPYING
Sec.
505.1 Scope and purpose.
505.2 Fees for loans of materials in library collections.
505.3 Fees for copying, duplicating, and reproduction of materials
in library collections.
505.4 [Reserved].
505.5 [Reserved].
505.6 [Payment of fees].
Authority: 5 U.S.C. 301; 7 U.S.C. 3125a.
Sec. 505.1 Scope and purpose.
These regulations establish fees for loans, paper copying,
duplication, or reproduction of materials in the collections of the
National Agricultural Library (NAL) within the United States Department
of Agriculture (USDA).
Sec. 505.2 Fees for loans of materials in library collections.
(a) NAL will make loans of original materials from its collections,
and charge fees for such loans, to other non-Federal and non-USDA
libraries and institutions in the United States and Canada only. Loans
will not be made directly to individuals.
(b) Loans will be made at a flat fee of $15.00 per loaned item.
(c) Cost for replacement of lost or damaged items will be the
actual cost to purchase a replacement plus a $50.00 processing fee; or
if the cost cannot be determined, a flat rate of $75.00 for monographs
or $150.00 for audiovisuals per item, plus a $50.00 processing fee.
(d) All services in this section will incur a billing surcharge per
invoice generated in addition to the above fees which may change as
vendor's charges change. This fee, currently $10.00, is billed as a
direct cost recovery based on charges to the library by the billing
vendor. Interlibrary loan requests submitted by participants in the ILL
Fee Management (IFM) program under the Online Computer Library Center,
Inc. (OCLC) will not incur the billing surcharge as their activities
will not generate an invoice.
Sec. 505.3 Fees for paper copying, duplicating, and reproduction of
materials in library collections.
(a) Photocopy reproduction of paper copy will be set as a flat fee
of $13.00 for domestic requests and $16.00 for international requests
for each document requested with a maximum of 50 pages per article for
copyright compliance. Materials delivered to international addresses
via the Internet will be charged at the domestic rate. Photocopy
reproduction of paper copy that requires special handling due to size
or condition will incur special handling fees to recover costs at
$20.00 per half hour or fraction thereof.
(b) Paper copies of microfilm or microfiche will be produced at a
flat fee of $13.00 for requests delivered domestically and $16.00 for
requests requiring delivery to a international address. This charge is
for each document requested with a maximum of 50 pages per article for
copyright compliance.
(c) Duplication of NAL owned microfiche will be charged a flat fee
of $13.00 per each 5 microfiche duplicated or fraction thereof.
Duplication of NAL owned microfilm will be charged a flat fee of $20.00
for each reel produced.
(d) Photographic services from NAL Special Collections will be
charged at cost for reproduction of the photo product (slides,
transparencies, etc.) plus a preparation fee of $25.00 per half hour or
fraction thereof.
(e) All services in this section will incur a billing surcharge,
currently $10.00, per invoice generated in addition to the above fees.
This fee is a direct cost recovery based on charges to
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the library by the billing vendor and is subject to change.
Interlibrary loan requests submitted by participants in the IFM program
on OCLC will not incur the billing surcharge as their activities will
not generate an invoice.
Sec. 505.4-505.5 Reserved.
Sec. 505.6 Payment of fees.
Charges which include billing and handling are invoiced quarterly
by the National Technical Information Service (NTIS) of the United
States Department of Commerce. The NAL encourages users to establish
deposit accounts with NTIS. Payment for services will made by check,
money order or credit card in U.S. funds directly to the NTIS upon
receipt of invoice from NTIS. Subject to a reduction for the actual
costs of performing the invoicing service by NTIS, all funds received
will be returned to NAL for credit to the appropriations account
charged with the cost of processing the loan or copying request.
Done at Washington, DC, this 10th day of August, 1999.
Dr. Edward B. Knipling,
Associate Administrator, Agricultural Research Service.
[FR Doc. 99-21139 Filed 8-13-99; 8:45 am]
BILLING CODE 3410-03-P