[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Proposed Rules]
[Pages 38060-38061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12979]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1610

RIN 3046-AA75


Freedom of Information Act Fee Schedule

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Equal Employment Opportunity Commission (EEOC or the 
Commission) is seeking comments on proposed revisions to its Freedom of 
Information Act (FOIA) fee schedule. The updated schedule of fees 
reflects increases in the direct costs incurred by the Commission in 
responding to requests for records.

DATES: The agency must receive comments on or before August 30, 2005.

ADDRESSES: Written comments should be submitted to Stephen Llewellyn, 
Acting Executive Officer, Executive Secretariat, Equal Employment 
Opportunity Commission, 1801 L Street, NW., Washington, DC 20507. As a 
convenience to commenters, the Executive Secretariat will accept 
comments of six pages or less transmitted by facsimile (``FAX'') 
machine. The telephone number of the FAX receiver is (202) 663-4114. 
This is not a toll free number. The six-page limitation is necessary to 
assure access to the equipment. Receipt of FAX transmissions will not 
be acknowledged although a sender may request confirmation by calling 
the Executive Secretariat at (202) 663-4070 (voice) or (202) 663-4074 
(TTY). These are not toll free numbers. Copies of comments submitted by 
the public will be available for review at the Commission's library, 
room 6502, 1801 L Street, NW., Washington, DC, between the hours of 
9:30 a.m. and 5 p.m. Additionally, members of the public may submit 
comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, or Michelle Zinman, Senior General Attorney at (202) 663-4640 
(voice) or (202) 663-7026 (TTY). This notice is also available in the 
following formats: large print, Braille, audiotape and electronic file 
on computer disk. Requests for this notice in an alternative format 
should be made to EEOC's Publication Center at 1-800-669-3362.

SUPPLEMENTARY INFORMATION: EEOC is proposing to amend 29 CFR part 1610. 
This section contains a schedule of fees utilized by the Commission for 
purposes of assessing costs to individuals who seek access to records 
under the FOIA, 5 U.S.C. 552. The present fee schedule was last amended 
in 1983 and has become outdated. It does not reflect increases in 
direct costs to the Commission for manual search and review of records. 
Also, it does not account for technological advances, including 
computer searches, the direct costs of retrieving records from federal 
records centers, or the direct costs of making records available in 
electronic and alternative formats. The changes are being made in 
accordance with the Office of Management and Budget's Uniform Freedom 
of Information Act Fee Schedule and Guidelines, 52 FR 10012 (1987).
    The higher costs of manual search and review are attributable to 
increases in the salaries of the involved personnel. We surveyed our 
field offices to determine who was conducting the FOIA searches and 
reviews. We found that the vast majority were done by clerical or 
paralegal staff, although some offices used professional staff. A small 
number of field offices reported that managers sometimes conducted 
searches and reviews. Further, at headquarters, managers and Senior 
Executive Service (SES) employees occasionally conduct searches and 
reviews. In order to more accurately reflect the actual efforts and 
costs involved, we are replacing the current two-tier fee schedule 
(clerical and professional) with a five-tier schedule (clerical, 
paralegal, professional, managerial, and Senior Executive Service (SES) 
employees). Based upon our field survey, we determined that the average 
grade and step level for clerical personnel performing these functions 
was GS 6/Step 5; for paralegals was GS 11/Step 8; and for professional 
personnel was GS 12/Step 5. We calculated the proposed fees for these 
three categories by using the hourly rates in the U.S. Office of 
Personnel and Management's (OPM) 2005 Salary Table paid to persons at 
the average grade/step indicated in the previous sentence and adding 16 
percent for benefits, as prescribed by the OMB guidance referred above. 
For managers (GS-15) and SES employees, we used the average GS-15 and 
added 16 percent for benefits.
    We added several definitions for clarification. The terms ``direct 
cost,'' ``search,'' and ``duplication'' have been defined using 
standard language that can be found in the FOIA regulations of several 
other government agencies, including OMB. We also clarified that 
requesters will be charged other direct costs when applicable, e.g., 
computer search time, record retrieval costs, computer duplication 
costs, etc. Finally, we have increased the fees for attestation and 
certification of records to better reflect the actual costs of 
preparing these documents, and defined both terms to differentiate them 
from each other. The fees for attestation and certification of records 
under EEOC's Privacy Act regulations will subsequently be amended to 
mirror these fee changes under the FOIA.

Regulatory Procedures

Executive Order 12866

    Pursuant to Executive Order 12866, EEOC has determined that the 
regulation will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy,

[[Page 38061]]

productivity, competition, jobs, the environment, public health or 
safety, or State or local tribal governments or communities. Therefore, 
a detailed cost-benefit assessment of the regulation is not required.

Paperwork Reduction Act

    This proposal contains no new information collection requirements 
subject to review by the Office of Management and Budget under the 
Paperwork Reduction Act (44 U.S.C. Chapter 35).

Regulatory Flexibility Act

    The Commission, in accordance with the Regulatory Flexibility Act 
(5 U.S.C. 606(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

List of Subjects in 29 CFR Part 1610

    Freedom of information.

    For the Commission.
Cari M. Dominguez,
Chair.

    Accordingly, for the reasons set forth in the preamble, EEOC 
proposes to amend 29 CFR part 1610 as follows:

PART 1610--AVAILABILITY OF RECORDS

    1. The authority citation for part 1610 continues to read as 
follows:

    Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by 
Pub. L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec.  
1610.15, non-search or copy portions are issued under 31 U.S.C. 
9701.

    2. Section 1610.1 is amended by adding paragraphs (e) through (i) 
as follows:


Sec.  1610.1  Definitions.

* * * * *
    (e) Direct costs refers to those expenses that EEOC actually incurs 
in searching for and duplicating (and, in the case of commercial 
requesters, reviewing) records to respond to a request. Direct costs 
include, for example, the salary of the employee performing the work 
(the basic rate of pay for the employee plus 16 percent of that rate to 
cover benefits) and the cost of operating duplicating machinery. Not 
included in direct costs are overhead expenses such as costs of space 
and heating or lighting of the facility in which the records are 
stored.
    (f) Search refers to the time spent looking for and retrieving 
material that is responsive to a request. It includes page-by-page or 
line-by-line identification of information within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic formats. EEOC employees should ensure 
that searching for materials is done in the most efficient and least 
expensive manner reasonably possible. For example, employees shall not 
search line-by-line when merely duplicating a document would be quicker 
and less expensive.
    (g) Duplication refers to the process of making a copy of a record 
or document necessary to respond to a FOIA request. Such copies can 
take the form of paper copy, microform, audio-visual materials, 
electronic formats (for example magnetic tape or disk), among others. 
Employees shall honor a requester's specified preference of format of 
disclosure if the record is readily reproducible with reasonable 
efforts in the requested form by the office responding to the request.
    (h) Attestation refers to the authentication of copies of 
Commission documents by an affidavit or unsworn declaration from the 
records custodian without the Commission Seal.
    (i) Certification refers to the authentication of copies of 
Commission documents by an affidavit or unsworn declaration from the 
records custodian under the Commission Seal.
    3. Revise Sec.  1610.15(c) to read as follows:


Sec.  1610.15  Schedule of fees and method of payment for services 
rendered.

* * * * *
    (c) Except as otherwise provided, the following specific fees for 
direct costs shall be applicable with respect to services rendered to 
members of the public under this subpart:
    (1) For manual search and review time:
    (i) By clerical personnel--at the rate of $5.00 per quarter hour.
    (ii) By paralegals--at the rate of $9.00 per quarter hour.
    (iii) By professional personnel--at the rate of $10.00 per quarter 
hour.
    (iv) By managers--at the rate of $17.50 per quarter hour.
    (v) By SES employees--at the rate of $20.00 per quarter hour.
    (2) For computer searches of records, requesters will be charged at 
the actual direct cost of providing the service. This includes the 
operator/programmer salary apportionable to the search based on the 
rates listed in paragraph (c)(1) of this section.
    (3) For copies made by photocopy--$0.15 per page (maximum of 10 
copies). For copies prepared by computer, such as tapes or printouts, 
EEOC will charge the direct cost incurred by the agency, including 
operator time. For other forms of duplication, EEOC will charge the 
actual costs of that duplication.
    (4) For attestation of documents--$25.00 per authenticating 
affidavit or declaration. Additionally, there may be search and review 
charges assessed in accordance with the rates listed in paragraph 
(c)(1) of this section.
    (5) For certification of documents--$50.00 per authenticating 
affidavit or declaration. Additionally, there may be search and review 
charges assessed in accordance with the rates listed in paragraph 
(c)(1) of this section.
    (6) For each signed statement of negative result of search for 
record--$10.00. Additionally, there may be search charges assessed in 
accordance with the rates listed in paragraph (c)(1) of this section.
    (7) For retrieval of records from a Federal Records Center--the 
amount charged to EEOC for retrieval of such records.
    (8) All other direct costs of search, review, duplication or 
delivery (other than normal mail), shall be charged to the requester as 
appropriate in the same amount as incurred by the agency.
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[FR Doc. 05-12979 Filed 6-30-05; 8:45 am]
BILLING CODE 6570-01-P