[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1120.51]

[Page 275-276]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1120--PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
 
           Subpart E--Copies of Records and Fees for Services
 
Sec. 1120.51  Charges for services, generally.


    (a) It shall be the policy of the ATBCB to comply with requests for 
documents made under the FOIA using the most efficient and least costly 
methods available. Requesters will be charged fees, in accordance with 
the administrative provisions and fee schedule set forth below, for 
searching for, reviewing (in the case of commercial use requesters 
only), and duplicating requested records.
    (b) Categories of requesters. For the purpose of standard FOIA fee 
assessment, the four categories of requesters are: Commercial use 
requesters; educational and non-commercial scientific institution 
requesters; requesters who are representatives of the news media; and, 
all other requesters (see Sec. 1120.2 (l) through (o), Definitions).
    (c) Levels of fees. Levels of fees prescribed for each category of 
requester are as follows:
    (1) Commercial Use Requesters--When the ATBCB receives a request for 
documents which appears to be a request for commercial use, the Board 
may assess charges in accordance with the fee schedule set forth below, 
which recover the full direct costs of searching for, reviewing for 
release, and duplicating the records sought. Costs for time spent 
reviewing records to determine whether they are exempt from mandatory 
disclosure applies to the initial review only. No fees will be assessed 
for reviewing records, at the administrative appeal level, of the 
exemptions already applied.
    (2) Educational and Non-Commercial Scientific Institution 
Requesters--The ATBCB shall provide documents to requesters in this 
category for the cost of reproduction alone, in accordance with the fee 
schedule set forth below, excluding charges for the first 100 pages of 
reproduced documents.

[[Page 276]]

    (i) To be eligible for inclusion in this category, requesters must 
demonstrate the request is being made under the auspices of a qualifying 
institution and that the records are not sought for a commercial use, 
but are sought in furtherance of scholarly (if the request is from an 
educational institution) or scientific (it the request is from a non-
commercial scientific institution) research.
    (ii) Requesters eligible for free search must reasonably describe 
the records sought.
    (3) Requesters Who Are Representatives of the News Media--The ATBCB 
shall provide documents to requesters in this category for the cost of 
reproduction alone, in accordance with the fee schedule set forth below, 
excluding charges for the first 100 pages of reproduced documents.
    (4) All Other Requestors--The ATBCB shall charge requestors who do 
not fit into any of the categories described above, fees which recover 
the full direct cost of searching for and reproducing records that are 
responsive to the request, except that the first two hours of search 
time and the first 100 pages of reproduction shall be furnished without 
charge.
    (d) Schedule of FOIA fees.
    (1) Record search (ATBCB employees)--$14.00 per hour
    (2) Document review (ATBCB employees)--$20.00 per hour
    (3) Duplication of documents (paper copy of paper original)--$.20 
per page
    (e) No charge shall be made:
    (1) If the costs of routine collection and processing of the fee are 
likely to equal or exceed the amount of the fee;
    (2) For any request made by an individual or group of individuals 
falling into the categories listed at paragraph (b) of this section, and 
described in paragraph (c) of this section, (excepting commercial use 
requests) the first two hours of search time and first 100 pages of 
duplication;
    (3) For the cost of preparing or reviewing letters of response to a 
request or appeal;
    (4) For responding to a request for one copy of the official 
personnel record of the requestor;
    (5) For furnishing records requested by either House of Congress, or 
by duly authorized committee or subcommittee or Congress, unless the 
records are requested for the benefit of an individual Member of 
Congress or for a constituent;
    (6) For furnishing records requested by and for the official use of 
other Federal agencies; or
    (7) For furnishing records needed by an A&TBCB contractor or grantee 
to perform the work required by the A&TBCB contract or grant.
    (f) Requestors may be charged for unsuccessful or unproductive 
searches or for searches when records located are determined to be 
exempt from disclosure.
    (g) Where the ATBCB reasonably believes that a requestor or group of 
requestors is attempting to break a request down into a series of 
requests for the purpose of evading the assessment of fees, the ATBCB 
shall aggregate any such requests and charge accordingly.

[55 FR 2520, Jan. 25, 1990]