[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Proposed Rules]
[Pages 80313-80314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31127]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 /
Proposed Rules
[[Page 80313]]
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release No. 34-59150; File No. S7-33-08]
Records Services, Fee Schedule
AGENCY: Securities and Exchange Commission.
ACTION: Proposed rule.
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SUMMARY: The Securities and Exchange Commission (``Commission'') is
soliciting comments on a proposed amendment to its regulation governing
the fees for records services. The Commission's schedule of fees for
records services will be updated using a formula for the calculation of
fees under the Freedom of Information Act (``FOIA'') and language that
directs FOIA requesters to the Commission's Web site. Using a formula,
instead of set rates, will allow the Commission to charge fees that
reflect its allowable direct costs.
DATES: Comments should be received on or before January 30, 2009.
ADDRESSES: Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml);
Send an e-mail to [email protected]. Please include
File Number S7-33-08 on the subject line; or
Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number S7-33-08. This file number
should be included on the subject line if e-mail is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov/rules/proposed.shtml). Comments
are also available for public inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549 on official business days between the hours of 10 a.m. and 3 p.m.
All comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: Melinda Hardy, Assistant General
Counsel, Office of the General Counsel, (202) 551-5149; Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-9612.
SUPPLEMENTARY INFORMATION:
I. Discussion
The fees the Commission charges for searching, reviewing, and
duplicating records pursuant to FOIA requests are set forth in 17 CFR
200.80e [Schedule of fees for records services]. The Commission
believes it is appropriate to update its fee schedule for searching and
reviewing records to comply with guidelines promulgated by the Office
of Management and Budget, Uniform Freedom of Information Act Fee
Schedule and Guidelines, 52 FR 10,012, 10,018 (Mar. 27, 1987) (``OMB
Guidance''), which instructs agencies to charge fees that recoup the
full allowable direct costs that they incur. The OMB Guidance states
that agencies may charge the average basic pay rate of employees
routinely performing these services plus 16% to cover associated
benefits. Id. Also, ``agencies may establish an average rate for the
range of grades typically involved.'' Id.
The current regulation contains set rates for FOIA request search
and review activities: $16/hour for grade 11 and below; and $28/hour
for grade 12 and above. The Commission is proposing to revise the
regulation to provide the formula contained in the OMB Guidance rather
than a set price. Moreover, the proposed regulation provides that the
Commission will establish an average rate for each of the three
different groups of grades typically involved: Personnel in grades SK 8
or below; personnel in grades SK 9 to 13; and personnel in grades SK 14
or above.\1\ The Commission's Web site will contain current rates for
search and review fees for each class. The rates will be updated when
salaries change and will be determined by using the formula in the
regulation and averaging the hourly rate of the different groups of
grades of staff who routinely perform these duties. For the current
calendar year, the fees would be assessed as follows: SK 8 or below:
$26/hour; SK 9 to 13: $40/hour; and SK 14 or above: $70/hour. The cost
of the average fee collection activity is $20; therefore, no fee will
be charged of $20 or less. See 5 U.S.C. 552(a)(4)(A)(iv) (providing
that no fee may be charged if fee exceeds costs of collecting and
processing fee).
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\1\ Fees for searches of computerized records will continue to
be based on the actual cost to the Commission which includes machine
and operator time. 17 CFR 200.80(e)(9)(i).
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II. Statutory Basis
The Commission is proposing amendments to 17 CFR part 200 pursuant
to 5 U.S.C. 552 and 15 U.S.C. 78d-1.
List of Subjects in 17 CFR Part 200
Administrative practice and procedure, Freedom of information,
Organization and functions.
III. Text of Proposed Amendments
For the reasons set forth in the preamble, Title 17 Chapter II of
the Code of Federal Regulations is proposed to be amended as follows:
PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS
Subpart D--Information and Requests
1. The general authority citation for Part 200, subpart D, is
revised to read as follows:
Authority: 5 U.S.C. 552, as amended, 15 U.S.C. 77f(d), 77s,
77ggg(a), 77sss, 78m(F)(3), 78w, 80a-37, 80a-44(a), 80a-44(b), 80b-
10(a), 80b-11.
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2. Section 200.80e, first paragraph, is revised to read as follows:
Sec. 200.80e Appendix E--Schedule of fees for records services.
Search and review services: The average salary rates (i.e., basic
pay plus
[[Page 80314]]
16%) of employees performing these services. The hourly rates are
listed on the Commission's Web site at http://www.sec.gov/foia/feesche.htm.
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By the Commission.
Dated: December 23, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31127 Filed 12-30-08; 8:45 am]
BILLING CODE 8011-01-P