[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR271.9]
[Page 856-858]
TITLE 12--BANKS AND BANKING
CHAPTER II--FEDERAL RESERVE SYSTEM
PART 271--RULES REGARDING AVAILABILITY OF INFORMATION--Table of Contents
Sec. 271.9 Fee schedules; waiver of fees.
(a) Fee schedules. The fees applicable to a request for records
pursuant to Secs. 271.4 and 271.5 are set forth in Appendix A to this
section. These fees cover only the full allowable direct costs of
search, duplication, and review. No fees will be charged where the
average cost of collecting the fee (calculated at $5.00) exceeds the
amount of the fee.
(b) Payment procedures. The Secretary may assume that a person
requesting records pursuant to Sec. 271.5 will pay the applicable fees,
unless the request includes a limitation on fees to be paid or seeks a
waiver or reduction of fees pursuant to paragraph (f) of this section.
(1) Advance notification of fees. If the estimated charges are
likely to exceed $100, the Secretary of the Committee shall notify the
requester of the estimated amount, unless the requester has indicated a
willingness to pay fees as high as those anticipated. Upon receipt of
such notice, the requester may confer with the Secretary to reformulate
the request to lower the costs.
(2) Advance payment. The Secretary may require advance payment of
any fee estimated to exceed $250. The Secretary may also require full
payment in advance where a requester has previously failed to pay a fee
in a timely fashion. The time period for responding to requests under
Sec. 271.6(d), and the processing of the request shall be suspended
until the Secretary receives the required payment.
(3) Late charges. The Secretary may assess interest charges when fee
payment is not made within 30 days of the date on which the billing was
sent. Interest is at the rate prescribed in 31 U.S.C. 3717 and accrues
from the date of the billing.
(c) Categories of uses. The fees assessed depend upon the intended
use for the records requested. In determining which category is
appropriate, the Secretary shall look to the intended use set forth in
the request for records. Where a requester's description of the use is
insufficient to make a determination, the Secretary may seek additional
clarification before categorizing the request.
(1) Commercial use. The fees for search, duplication, and review
apply
[[Page 857]]
when records are requested for commercial use.
(2) Educational, research, or media use. The fees for duplication
apply when records are not sought for commercial use, and the requester
is a representative of the news media or an educational or noncommercial
scientific institution, whose purpose is scholarly or scientific
research. The first 100 pages of duplication, however, will be provided
free.
(3) All other uses. For all other requests, the fees for document
search and duplication apply. The first two hours of search time and the
first 100 pages of duplication, however, will be provided free.
(d) Nonproductive search. Fees for search and review may be charged
even if no responsive documents are located or if the request is denied.
(e) Aggregated requests. A requester may not file multiple requests
at the same time, solely in order to avoid payment of fees. If the
Secretary reasonably believes that a requester is separating a request
into a series of requests for the purpose of evading the assessment of
fees, the Secretary may aggregate any such requests and charge
accordingly. It is considered reasonable for the Secretary to presume
that multiple requests of this type made within a 30-day period have
been made to avoid fees.
(f) Waiver or reduction of fees. A request for a waiver or reduction
of the fees, and the justification for the waiver, shall be included
with the request for records to which it pertains. If a waiver is
requested and the requester has not indicated in writing an agreement to
pay the applicable fees if the waiver request is denied, the time for
response to the request for documents, as set forth in Sec. 271.6(d),
shall not begin until a determination has been made on the request for a
waiver or reduction of fees.
(1) Standards for determining waiver or reduction. The Secretary
shall grant a waiver or reduction of fees where it is determined both
that disclosure of the information is in the public interest because it
is likely to contribute significantly to public understanding of the
operation or activities of the government, and that the disclosure of
information is not primarily in the commercial interest of the
requester. In making this determination, the following factors shall be
considered:
(i) Whether the subject of the records concerns the operations or
activities of the government;
(ii) Whether disclosure of the information is likely to contribute
significantly to public understanding of government operations or
activities;
(iii) Whether the requester has the intention and ability to
disseminate the information to the public;
(iv) Whether the information is already in the public domain;
(v) Whether the requester has a commercial interest that would be
furthered by the disclosure; and, if so,
(vi) Whether the magnitude of the identified commercial interest of
the requester is sufficiently large, in comparison with the public
interest in disclosure, that disclosure is primarily in the commercial
interest of the requester.
(2) Contents of request for waiver. A request for a waiver or
reduction of fees shall include:
(i) A clear statement of the requester's interest in the documents;
(ii) The use proposed for the documents and whether the requester
will derive income or other benefit for such use;
(iii) A statement of how the public will benefit from such use and
from the Committee's release of the documents;
(iv) A description of the method by which the information will be
disseminated to the public; and
(v) If specialized use of the information is contemplated, a
statement of the requester's qualifications that are relevant to that
use.
(3) Burden of proof. The burden shall be on the requester to present
evidence or information in support of a request for a waiver or
reduction of fees.
(4) Determination by Secretary. The Secretary shall make a
determination on the request for a waiver or reduction of fees and shall
notify the requester accordingly. A denial may be appealed to the
Committee in accordance with Sec. 271.6(h).
(g) Employee requests. In connection with any request by an
employee,
[[Page 858]]
former employee, or applicant for employment, for records for use in
prosecuting a grievance or complaint of discrimination against the
Committee, fees shall be waived where the total charges (including
charges for information provided under the Privacy Act of 1974 (5 U.S.C.
552a) are $50 or less; but the Secretary may waive fees in excess of
that amount.
(h) Special services The Secretary may agree to provide, and set
fees to recover the costs of, special services not covered by the
Freedom of Information Act, such as certifying records or information
and sending records by special methods such as express mail or overnight
delivery.
Appendix A to Sec. 271.9--Freedom of Information Fee Schedule
Duplication:
Photocopy, per standard page........................... $.10
Paper copies of microfiche, per frame.................. .10
Duplicate microfiche, per microfiche................... .35
Search and review:
Clerical/Technical, hourly rate........................ 20.00
Professional/Supervisory, hourly rate.................. 38.00
Manager/Senior Professional, hourly rate............... 65.00
Computer search and production:
Computer operator search, hourly rate.................. 32.00
Tapes (cassette), per tape............................. 6.00
Tapes (cartridge), per tape............................ 9.00
Tapes (reel), per tape................................. 18.00
Diskettes (3\1/2\), per diskette............ 4.00
Diskettes (5\1/4\), per diskette............ 5.00
Computer Output (PC), per minute....................... .10
Computer Output (mainframe)............................ actual cost