[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR5.46]

[Page 36-37]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 5--PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents
 
                             Subpart C--Fees
 
Sec. 5.46  Fee schedule.

    (a) Manual searches for records. FEMA will charge at the salary 
rate(s), (i.e., basic hourly pay rate plus 16 percent) of the 
employee(s) conducting the search. FEMA may assess charges for time 
spent searching, even if the agency fails to locate the records or if 
records located are determined to be exempt from disclosure. FEMA may 
assess charges for time spent searching, even if FEMA fails to locate 
the

[[Page 37]]

records or if records located are determined to be exempt from 
disclosure.
    (b) Computer searches for records. FEMA will charge the actual 
direct cost of providing the service. This will include the cost of 
operating the central processing unit (CPU) for that portion of 
operating time that is directly attributable to searching for records 
responsive to a FOIA request and operator/programmer salary 
apportionable to the search. FEMA may assess charges for time spent 
searching, even if FEMA fails to locate the records or if records 
located are determined to be exempt from disclosure.
    (c) Duplication costs. (1) For copies of documents reproduced on a 
standard office copying machine in sizes up to 8\1/2\ x 14 inches, the 
charge will be $.15 per page.
    (2) The fee for reproducing copies of records over 8\1/2\ x 14 
inches or whose physical characteristics do not permit reproduction by 
routine electrostatic copying shall be the direct cost of reproducing 
the records through government or commercial sources. If FEMA estimates 
that the allowable duplication charges are likely to exceed $25, it 
shall notify the requester of the estimated amount of fees, unless the 
requester has indicated in advance his/her willingness to pay fees as 
high as those anticipated. Such a notice shall offer a requester the 
opportunity to confer with agency personnel with the objective of 
reformulating the request to meet his/her needs at a lower cost.
    (3) For copies prepared by computer, such as tapes or printouts, 
FEMA shall charge the actual cost, including operator time, of 
production of the tape or printout. If FEMA estimates that the allowable 
duplication charges are likely to exceed $25, it shall notify the 
requester of the estimated amount of fees, unless the requester has 
indicated in advance his/her willingness to pay fees as high as those 
anticipated. Such a notice shall offer a requester the opportunity to 
confer with agency personnel with the objective of reformulating the 
request to meet his/her needs at a lower cost.
    (4) For other methods of reproduction or duplication, FEMA shall 
charge the actual direct costs of producing the document(s). If FEMA 
estimates that the allowable duplication charges are likely to exceed 
$25, it shall notify the requester of the estimated amount of fees, 
unless the requester has indicated in advance his/her willingness to pay 
fees as high as those anticipated. Such a notice shall offer a requester 
the opportunity to confer with agency personnel with the objective of 
reformulating the request to meet his/her needs at a lower cost.
    (d) Interest may be charged to those requesters who fail to pay fees 
charged. FEMA may begin assessing interest charges on the amount billed 
starting on the 31st day following the day on which the billing was 
sent. Interest will be at the rate prescribed in section 3717 of Title 
31 U.S.C. and will accrue from the date of the billing.
    (e) FEMA shall use the most efficient and least costly methods to 
comply with requests for documents made under the FOIA. FEMA may choose 
to contract with private sector services to locate, reproduce and 
disseminate records in response to FOIA requests when that is the most 
efficient and least costly method. When documents responsive to a 
request are maintained for distribution by agencies operating statutory-
based fee schedule programs, such as but not limited to the Government 
Printing Office or the National Technical Information Service, FEMA will 
inform requesters of the steps necessary to obtain records from those 
sources.

[52 FR 13678, Apr.24, 1987, as amended at 52 FR 33410, Sept. 3, 1987]