[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Rules and Regulations]
[Pages 6526-6528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2875]


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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: Final rule.

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SUMMARY: The Department of Agriculture (USDA) is establishing a fee 
schedule for loans of materials, and establishing a fee schedule for 
copying of materials from the collections of the National Agricultural 
Library. Fees generated will be used to defray costs of document 
delivery and maintenance of the collection.

DATES: Effective April 1, 2000.

ADDRESSES: Address all correspondence 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: This rule was published as a proposed rule 
for comment on August 16, 1999. Two comments were received. One comment 
indicated that fee changes were reasonable and that the price increase 
was viewed as having a positive effect upon the ability of patrons to 
obtain materials. The second comment viewed the increase in fees as 
excessive in terms of photocopying. The National Agricultural Library 
believes the fees are comparable to those of other research libraries. 
A random sampling of 15 academic and research libraries that do charge 
flat fees indicated a photocopy charge that ranged from a low of $8.00 
when using OCLC IFM service to a high of $25.00 for non-IFM requests. 
(IFM is a service provided by the Online Computer Library Center (OCLC) 
in Dublin, Ohio, which credits and debits charges for libraries that 
participate resulting in a reduction of costs for invoicing.) The 
library, therefore, considers a flat fee of $13.00 for photocopies on 
the low side of a median cost for such services.

Classification

    This rule has been reviewed under Executive Order 12866, and it has 
been

[[Page 6527]]

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 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 Presidents'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. No. 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. This collection was 
approved by OMB on September 30, 1999, with OMB NO.: 0518-0027 and an 
expiration date of 09/30/2002.

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 in this regulation adopts 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 will 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 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 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 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 will charge a fee for photocopying and reproduction 
services 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 is based on 
CONTU Guidelines (National Commission on New Technological Uses of 
Copyright Works), and the Code of Federal Regulations (Title 17, and 
Title 37, Volume 1).
    The NAL will 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 will charge 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 uses 
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 currently providing this service to Federal offices. NAL 
encourages institutional users to establish deposit accounts with NTIS 
if needed. Payment for services will be made by check, money order or 
credit card in U.S. funds directly to the NTIS upon receipt of an 
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.

[[Page 6528]]

List of Subjects in 7 CFR Part 505

    Agricultural research, Agriculture, 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 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  Reserved.


Sec. 505.5  Reserved.


Sec. 505.6  Payment of fees.

    Charges which include billing and handling will be 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 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 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, D.C.
Edward B. Knipling,
Acting Administrator, Agricultural Research Service.
[FR Doc. 00-2875 Filed 2-9-00; 8:45 am]
BILLING CODE 3410-03-P