[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Rules and Regulations]
[Page 6593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2426]


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FEDERAL COMMUNICATION COMMISSION

47 CFR PART 0

[DA 05-43]


Freedom of Information Act

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission is modifying a section 
of the Commission's rules that implement the Freedom of Information Act 
(FOIA) Fee Schedule. This modification pertains to the charge for 
recovery of the full, allowable direct costs of searching for and 
reviewing records requested under the FOIA and the Commission's rules, 
unless such fees are restricted or waived. The fees are being revised 
to correspond to modifications in the rate of pay approved by Congress.

DATES: Effective February 8, 2005.

FOR FURTHER INFORMATION CONTACT: Shoko B. Hair, Freedom of Information 
Act Officer, Office of Performance Evaluation and Records Management, 
Room 1-A827, Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554, (202) 418-1379 or via Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: The Federal Communications Commission is 
modifying Sec.  0.467(a) of the Commission's rules. This rule pertains 
to the charges for searching and reviewing records requested under the 
FOIA. The FOIA requires federal agencies to establish a schedule of 
fees for the processing of requests for agency records in accordance 
with fee guidelines issued by the Office of Management and Budget 
(OMB). In 1987, OMB issued its Uniform Freedom of Information Act Fee 
Schedule and Guidelines. However, because the FOIA requires that each 
agency's fees be based upon its direct costs of providing FOIA 
services, OMB did not provide a unitary, government-wide schedule of 
fees. The Commission based its FOIA Fee Schedule on the grade level of 
the employee who processes the request. Thus, the Fee Schedule was 
computed at a Step 5 of each grade level based on the General Schedule 
effective January 1987 (including 20 percent for personnel benefits). 
The Commission's rules provide that the Fee Schedule will be modified 
periodically to correspond with modifications in the rate of pay 
approved by Congress. See 47 CFR 0.467(a)(1) note.
    In an Order adopted on January 14, 2005 and released on January 24, 
2005 (DA 05-43), the Managing Director revised the schedule of fees set 
forth in 47 CFR 0.467 for the recovery of the full, allowable direct 
costs of searching for and reviewing agency records requested pursuant 
to the FOIA and the Commission's rules, 47 CFR 0.460, 0.461. The 
revisions correspond to modifications in the rate of pay, which was 
approved by Congress.
    These modifications to the Fee Schedule do not require notice and 
comment because they merely update the Fee Schedule to correspond to 
modifications in rates of pay, as required under the current rules. The 
Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the rules 
are a matter of agency organization, procedure, or practice that do not 
substantially affect the rights or obligations of non-agency parties.
    Accordingly, pursuant to the authority contained in Sec.  0.231(b) 
of the Commission's rules, 47 CFR 0.231 (b), it is hereby ordered, 
that, effective on February 8, 2005, the Fee Schedule contained in 
Sec.  0.467 of the Commission's rules, 47 CFR 0.467, is amended, as 
described herein.

List of Subjects in 47 CFR Part 0

    Freedom of information.

    Federal Communications Commission.
Andrew S. Fishel,
Managing Director.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 47 U.S.C. 155, unless otherwise noted.

0
2. Section 0.467 is amended by revising the last sentence of paragraph 
(a)(1), the table in paragraph (a)(1) and its note, and paragraph 
(a)(2) to read as follows:


Sec.  0.467  Search and review fees.

    (a)(1) * * * The fee is based on the grade level of the employee(s) 
who conduct(s) the search or review, as specified in the following 
schedule:

------------------------------------------------------------------------
                        Grade                             Hourly fee
------------------------------------------------------------------------
GS-1................................................               12.10
GS-2................................................               13.18
GS-3................................................               14.84
GS-4................................................               16.67
GS-5................................................               18.65
GS-6................................................               20.78
GS-7................................................               23.10
GS-8................................................               25.58
GS-9................................................               28.26
GS-10...............................................               31.12
GS-11...............................................               34.19
GS-12...............................................               40.98
GS-13...............................................               48.73
GS-14...............................................               57.59
GS-15...............................................               67.74
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    Note: These fees will be modified periodically to correspond 
with modifications in the rate of pay approved by Congress.

    (2) The fees in paragraph (a) (1) of this section were computed at 
Step 5 of each grade level based on the General Schedule effective 
January 2005 and include 20 percent for personnel benefits.
* * * * *
[FR Doc. 05-2426 Filed 2-7-05; 8:45 am]
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