[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR70.40]

[Page 437-438]
 
                             TITLE 29--LABOR
 
PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of 
Contents
 
              Subpart C--Costs for Production of Documents
 
Sec. 70.40  Charges assessed for the production of records.

    (a) There are three types of charges assessed in connection with the 
production of agency records in response to a Freedom of Information Act 
request: costs associated with
    (1) Searching for or locating responsive records (search costs),
    (2) Reproducing such records (reproduction costs), and
    (3) Reviewing records to determine whether any materials are exempt 
(review costs).
    (b) There are four types of FOIA requesters:
    (1) Commercial use requesters,
    (2) Educational and non-commercial scientific institutions,
    (3) Representatives of the news media, and
    (4) All other requesters.

Depending upon the nature of the requester, one or all of the foregoing 
costs may be assessed. Paragraph (c) of this section sets forth the 
extent to which the foregoing costs may be assessed against each type of 
requester. Paragraph (d) of this section establishes the actual rate to 
be charged in connection with each of the foregoing types of costs. 
Paragraph (e) delineates the manner in which costs are to be assessed 
against an individual seeking access to records about himself or herself 
which are covered by the Privacy Act.
    (c) (1) Commercial use requester. When a commercial use requester as 
defined in Sec. 70.38(f) makes a request for documents, search costs, 
reproduction costs and review costs may be assessed in their entirety.
    (2) Educational or non-commercial, scientific institution requester. 
When an educational or non-commercial scientific institution requester, 
as defined in Secs. 70.38 (g) and (h), makes a request, only 
reproduction costs may be assessed, excluding charges for the first 100 
pages.
    (3) Request by representative of news media. When a representative 
of the news media as defined in Sec. 70.38(i) makes a request, only 
reproduction costs may be assessed, excluding charges for the first 100 
pages.
    (4) All other requesters. Requesters who do not fall within 
paragraphs (c)(1), (2), and (3) of this section may be charged search 
costs and reproduction costs, except that the first 100 pages of 
reproduction and the first two hours of search time shall be furnished 
without charge. Where computer searches are involved, i.e., executing an 
existing program, however, the monetary equivalent of two hours of 
search time by a

[[Page 438]]

professional employee shall be deducted from the total costs of computer 
processing time.
    (d)(1) Search costs. When a search for records is performed by a 
clerical employee, a rate of $2.50 per quarter hour will be applicable. 
When a search is performed by professional or supervisory personnel, a 
rate of $5.00 per quarter hour will be applicable. If the search for 
requested records requires transportation of the searcher to the 
location of the records or transportation of the records to the 
searcher, all transportation costs in excess of $5.00 may be added to 
the search cost. When an existing computer program is employed to locate 
records responsive to a request, the disclosure officer may charge the 
actual cost of providing the service.
    (2) Reproduction costs. The standard copying charge for documents in 
paper copy is $.15 per page. When responsive information is provided in 
a format other than paper copy, such as in the form of computer tapes 
and discs, the requester may be charged the direct costs of the tape, 
disc or whatever medium is used to produce the information, as well as 
any related reproduction costs.
    (3) Review costs. Costs associated with the review of documents, as 
defined in Sec. 70.38(c), will be applicable at a rate of $5.00 per 
quarter hour. Except as noted below, charges may only be assessed for 
review at the initial level, i.e. the review undertaken the first time 
the documents are analyzed to determine the applicability of specific 
exemptions to the particular record or portion of the record. Thus a 
requester would not be charged for review at the administrative appeal 
level with regard to the applicability of an exemption already applied 
at the initial level. When, however, a record has been withheld pursuant 
to an exemption which is subsequently determined not to apply and is 
reviewed again at the appellate level to determine the potential 
applicability of other exemptions, the costs attendant to such 
additional review may be assessed.
    (4) Mailing cost. Where requests for copies are made by mail, no 
postage charge will be made for transmitting by regular mail a single 
copy of the requested record to the requester, or for mailing additional 
copies where the total postage cost does not exceed $1. However, where 
the volume of page copy or method of transmittal requested is such that 
transmittal charges to the Department are in excess of $1, the 
transmittal costs will be added, unless appropriate stamps or stamped 
envelopes are furnished with the request, or authorization is given for 
collection of shipping charges on delivery.
    (e) Privacy Act requesters. Requests from individuals for records 
about themselves which are contained within agency systems of records 
shall be treated under the fee provisions of the Privacy Act of 1974 
which permit the assessment of reproduction costs only, after providing 
the first copy of a file at no cost.

[54 FR 23144, May 30, 1989; 54 FR 30503, July 20, 1989]