[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR701.41]

[Page 72-73]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 701_AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION 
OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents
 
                           Subpart C_FOIA Fees
 
Sec. 701.41  FOIA fee terms.

    (a) Direct costs means those expenditures a DON activity actually 
makes in searching for, reviewing (in the case of commercial 
requesters), and duplicating documents to respond to a FOIA 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 costs of operating duplicating 
machinery. These factors have been included in the fee rates prescribed 
in this subpart. Not included in direct costs are overhead expenses such 
as costs of space, heating or lighting the facility in which the records 
are stored.

[[Page 73]]

    (b) Duplication refers to the process of making a copy of a document 
in response to a FOIA request. Such copies can take the form of paper 
copy, microfiche, audiovisual, or machine readable documentation (e.g., 
magnetic tape or disc), among others. Every effort will be made to 
ensure that the copy provided is in a form that is reasonably usable, 
the requester shall be notified that the copy provided is the best 
available, and that the activity's master copy shall be made available 
for review upon appointment. For duplication of computer tapes and 
audiovisual, the actual cost, including the operator's time, shall be 
charged. In practice, if a DON activity estimates that assessable 
duplication charges are likely to exceed $25.00, it shall notify the 
requester of the estimate, unless the requester has indicated in advance 
his or her willingness to pay fees as high as those anticipated. Such a 
notice shall offer a requester the opportunity to confer with activity 
personnel with the object of reformulating the request to meet his or 
her needs at a lower cost.
    (c) Review refers to the process of examining documents located in 
response to a FOIA request to determine whether one or more of the 
statutory exemptions permit withholding. It also includes processing the 
documents for disclosure, such as excising them for release. Review does 
not include the time spent resolving general legal or policy issues 
regarding the application of exemptions. It should be noted that charges 
for commercial requesters may be assessed only for the initial review. 
DON activities may not charge for reviews required at the administrative 
appeal level of an exemption already applied. However, records or 
portions of records withheld in full under an exemption that is 
subsequently determined not to apply may be reviewed again to determine 
the applicability of other exemptions not previously considered. The 
costs for such a subsequent review would be properly assessable.
    (d) Search refers to time spent looking, both manually and 
electronically, for material that is responsive to a request. Search 
also includes a page-by-page or line-by-line identification (if 
necessary) of material in the record to determine if it, or portions 
thereof are responsive to the request. DON activities should ensure that 
searches are done in the most efficient and least expensive manner so as 
to minimize costs for both the activity and the requester. For example, 
activities should not engage in line-by-line searches when duplicating 
an entire document known to contain responsive information would prove 
to be the less expensive and quicker method of complying with the 
request. Time spent reviewing documents in order to determine whether to 
apply one or more of the statutory exemptions is not search time, but 
review time.
    (1) DON activities may charge for time spent searching for records, 
even if that search fails to locate records responsive to the request.
    (2) DON activities may also charge search and review (in the case of 
commercial requesters) time if records located are determined to be 
exempt from disclosure.
    (3) In practice, if the DON activity estimates that search charges 
are likely to exceed $25.00, it shall notify the requester of the 
estimated amount of fees, unless the requester has indicated in advance 
his or her willingness to pay fees as high as those anticipated. Such a 
notice shall offer the requester the opportunity to confer with activity 
personnel with the object of reformulating the request to meet his or 
her needs at a lower cost.