[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57510-57511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19649]
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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: Final rule.
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SUMMARY: The Equal Employment Opportunity Commission (EEOC or the
Commission) is adopting 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: October 3, 2005.
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 of final rule is also
available in the following formats: large print, Braille, audiotape and
electronic file on computer disk. Requests for this notice of final
rule in an alternative format should be made to EEOC's Publication
Center at 1-800-669-3362.
SUPPLEMENTARY INFORMATION: On July 1, 2005, at 70 FR 38060-01, the EEOC
published a notice of proposed rulemaking proposing to amend the
sections of 29 CFR part 1610 that concern the fees assessed to persons
who seek agency records under the FOIA. The changes comply with the
Office of Management and Budget's Uniform Freedom of Information Act
Fee Schedule and Guidelines, 52 FR 10012 (1987). Comments from the
public were due on or before August 31, 2005. No comments were
received. Therefore, EEOC is adopting the proposed revisions, without
change, as its final rule.
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, 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.
[[Page 57511]]
Paperwork Reduction Act
This rule 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 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.
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Accordingly, for the reasons set forth in the preamble, EEOC amends 29
CFR part 1610 as follows:
PART 1610--AVAILABILITY OF RECORDS
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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.
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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 format 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.
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3. Section 1610.15(c) is revised 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 document--$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.
* * * * *
[FR Doc. 05-19649 Filed 9-30-05; 8:45 am]
BILLING CODE 6570-01-U