[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Rules and Regulations]
[Pages 56753-56754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22576]


=======================================================================
-----------------------------------------------------------------------

DELAWARE RIVER BASIN COMMISSION

18 CFR Part 401


Final Rule; Amendment to the Delaware River Basin Commission's 
Administrative Manual--Rules of Practice and Procedure Concerning Fees 
Associated With Freedom of Information Act Requests

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Delaware River Basin Commission's (``Commission's'') 
schedule of fees associated with responses to requests for information 
under FOIA was promulgated in 1975 and has not been updated since. Over 
the past quarter of a century, computer technologies have introduced 
new methods of recording and reproducing information that were not 
contemplated by the 1975 regulation, and administrative costs have 
increased. This action amends the Commission's Administrative Manual--
Rules of Practice and Procedure to reflect current technologies and 
costs associated with responding to Freedom of Information Act 
requests.

DATES: This rule is effective September 5, 2002.

ADDRESSES: The complete Administrative Manual--Rules of Practice and 
Procedure as amended is available on the Commission's Web site at 
http://www.drbc.net or upon request from the Delaware River Basin 
Commission, P.O. Box 7360, West Trenton, NJ 08628-0360.

FOR FURTHER INFORMATION CONTACT: For further information, contact 
Pamela M. Bush, Commission Secretary and Assistant General Counsel, 
Delaware River Basin Commission, 609-883-9500 ext. 203.

SUPPLEMENTARY INFORMATION: On March 20, 2002 the Commission published 
on its web site a Notice of Proposed Rulemaking to amend the fee 
schedule associated with Commission responses to Freedom of Information 
Act (``FOIA'') requests. Notice was published in the Federal Register 
on March 15, 2002 (67 FR 11680), the Delaware Register of Regulations 
on April 1, 2002, the New Jersey Register on April 15, 2002, the New 
York State Register on March 13, 2002 and the Pennsylvania Bulletin on 
March 30, 2002. A public hearing was held on May 31, 2002, and the 
public was invited to comment, either in person at the hearing or in 
writing through the close of the hearing. No written or oral comments 
were received. The Commission approved the amended rule, as proposed, 
at the conclusion of its hearing on May 31, 2002.

List of Subjects in 18 CFR Part 401

    Freedom of information.

    For the reasons set forth in the preamble, amend part 401 of title 
18 of the Code of Federal Regulations as follows:

PART 401--RULES OF PRACTICE AND PROCEDURE

    1. The authority citation for subpart H of part 401 is revised to 
read as follows:

    Authority: 5 U.S.C. 552.

    2. In Sec.  401.110, revise paragraph (a) to read as follows:


Sec.  401.110  Fees.

    (a) Unless waived in accordance with the provisions of Sec.  
401.111, the following fees shall be imposed for production of any 
record pursuant to this part.
    (1) Administrative fees. (i) Charges for administrative fees 
include staff time associated with:
    (A) Processing FOIA requests;
    (B) Locating and reviewing files;
    (C) Monitoring file reviews;
    (D) Generating computer records (electronic print-outs); and
    (E) Preparing logs of records deemed non-public.
    (ii) Administrative charges will be calculated as follows: 
Administrative charges will be billed to the requester per quarter hour 
following the first quarter hour. These charges will be billed at the 
current, hourly paygrade rate (pro-rated for quarter hour increments) 
of the personnel performing the service. Administrative charges will be 
in addition to any copying charges.
    (iii) Appointment rescheduling/cancellation. Requesters that do not 
reschedule or cancel appointments to view files at least one full 
business day in advance of the appointment may be subject to the 
administrative charges incurred by the Commission in preparing the 
requested records. The Commission will prepare an itemized invoice of 
these charges and mail it to the requester for payment.
    (2) Photocopying fees. The following are charges for photocopies of 
public records made by Commission personnel:
    (i) Standard sized, black and white copies. The charge for copying 
standard sized, black and white public records shall be $0.15 per 
printed page (i.e., single-sided copies are $0.15 and double-sided 
copies are $0.30). This charge applies to copies on the following 
standard paper sizes:
    (A) 8.5'' x 11'';

[[Page 56754]]

    (B) 8.5'' x 14'';
    (C) 11'' x 17''.
    (ii) Color copies/printouts. The charge for color copies or color 
printouts shall be as follows:
    (A) 8.5'' x 11''--$1.00 per page;
    (B) 8.5'' x 14''--$1.50 per page;
    (C) 11'' x 17''--$2.00 per page;
    (D) The charge for all color copies larger than 11'' x 17'' 
(including, but not limited to: photographic imagery, GIS print-outs, 
and maps) shall be calculated at the rate of $2.50 per square foot.
    (iii) Electronically generated records. Charges for copying records 
maintained in electronic format will be calculated by the material 
costs involved in generating the copies (including, but not limited to: 
magnetic tape, diskette, or compact disc costs) and administrative 
costs.
    (iv) Other copying fees. The Commission, at its discretion, may 
arrange to have records copied by an outside contractor if the 
Commission does not have the resources or equipment to copy such 
records. In this instance, the requester will be liable for payment of 
these costs.
    (3) Forwarding material to destination. Postage, insurance, and 
special fees will be charged on an actual cost basis.
* * * * *

    Dated: August 29, 2002.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 02-22576 Filed 9-4-02; 8:45 am]
BILLING CODE 6360-01-P