[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.

0
Accordingly, for the reasons set forth in the preamble, EEOC amends 29 
CFR part 1610 as follows:

PART 1610--AVAILABILITY OF RECORDS

0
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.


0
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.

0
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