[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]



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Part III





Department of Agriculture





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Agricultural Research Service



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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  

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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