[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Proposed Rules]
[Pages 33932-33933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11944]


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DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice 5835]
RIN 1400-AC25


Search Fees in Freedom of Information Act Cases

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: The Department of State proposes to revise its regulations on 
fees to be charged for searching for information responsive to requests 
made under the Freedom of Information Act. The existing regulations 
have proved to be unworkable, particularly in terms of ascertaining the 
costs of electronic searches.

DATES: The Department will consider any comments from the public that 
are received by September 18, 2007.

ADDRESSES: You may submit comments to Margaret P. Grafeld, Director, 
Office of Information Programs and Services, (202) 261-8300, U.S. 
Department of State, SA-2, 515 22nd St., NW., Washington, DC 20522-
6001; Fax: 202-261-8590. E-mail: [email protected]. If submitting 
comments by e-mail, you must include the RIN in the subject line of 
your message. You may view this rule online at http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION, CONTACT: Margaret P. Grafeld, Director, Office 
of Information Programs and Services, (202) 261-8300, U.S. Department 
of State, SA-2, 515 22nd St., NW., Washington, DC 20522-6001; Fax: 202-
261-8590.

SUPPLEMENTARY INFORMATION: Although the current version of the search 
fee provision was promulgated in 2004, based largely on previous long-
standing

[[Page 33933]]

regulations, experience has shown that the previous, as well as the 
current, regulation could not, in fact, be given full effect because 
the cost of computer searches could not be fully ascertained and 
because of the difficulties in determining the salary costs 
attributable to individuals doing manual searches, particularly at 
overseas posts where Foreign Service Nationals have a different and 
more frequently changing pay scale. By using average salary costs of 
the categories of individuals involved in a search (i.e., clerical, 
professional, executive) instead of the actual salary of each such 
individual, the proposed revision will permit computer calculation of 
the fees that should be as accurate as the current method and should 
not result in any substantial increase or diminution of search fees 
charged or collected.

Regulatory Findings

    Administrative Procedure Act. The Department is publishing this 
rule as a proposed rule. Public comments are invited for a period of 90 
days following this document's publication in the Federal Register.
    Regulatory Flexibility Act. The Department, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
proposed rule and, by approving it, certifies that this rule will not 
have significant economic impact on a substantial number of small 
entities.
    Unfunded Mandates Act of 1995. This proposed rule will not result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any 
year, and it will not significantly or uniquely affect small 
governments. Therefore, no actions are deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.
    Small Business Regulatory Enforcement Fairness Act of 1996. This 
rule is not a major rule as defined by section 804 of the Small 
Business Regulatory Enforcement Act of 1996. This rule will not result 
in an annual effect on the economy of $100 million or more; a major 
increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign 
based companies in domestic and import markets.
    Executive Order 12866. The Department does not consider this rule 
to be a ``significant regulatory action'' under Executive Order (E.O.) 
12866, section 3(f), Regulatory Planning and Review. In addition, the 
Department is exempt from Executive Order 12866 except to the extent 
that it is promulgating regulations in conjunction with a domestic 
agency that are significant regulatory actions. The Department has 
nevertheless reviewed the regulation to ensure its consistency with the 
regulatory philosophy and principles set forth in that Executive Order.
    Executive Order 13132. This regulation will not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with section 6 of Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
require consultations or warrant the preparation of a federalism 
summary impact statement.
    Paperwork Reduction Act. This rule does not impose any new 
reporting or recordkeeping requirements subject to the Paperwork 
Reduction Act, 44 U.S.C. Chapter 35.

List Subjects in 22 CFR Part 171

    Administrative practice and procedure, fees for searches in Freedom 
of Information Act cases.

    For the reasons set forth in the preamble, 22 CFR part 171 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 22 U.S.C. 552, 552a; Ethics in Government Act of 
1978, Pub. L. 95-521, 92 Stat. 1824, as amended; E.O. 12958, as 
amended, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; E.O. 12600, 52 FR 
23781, 3 CFR, 1987 Comp., p. 235.

    2. Section 171.14 is amended by adding a new paragraph (a)(3) to 
read as follows:


Sec.  171.14  Fees to be charged--general.

* * * * *
    (a) * * *
    (3) For both manual and computer searches, the Department shall 
charge the estimated direct cost of each search based on the average 
current salary rates of the categories of personnel doing the searches. 
Further information on search fees is available by clicking on ``FOIA'' 
at the Department's Web site at http://www.state.gov or directly at the 
FOIA home page at http://foia.state.gov.
* * * * *

    Dated: June 15, 2007.
Lee Lohman,
Deputy Assistant Secretary, Department of State.
[FR Doc. E7-11944 Filed 6-19-07; 8:45 am]
BILLING CODE 4710-24-P