[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR51-8.12]
[Page 70-71]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY
DISABLED
PART 51-8_PUBLIC AVAILABILITY OF AGENCY MATERIALS--Table of Contents
Sec. 51-8.12 Fee schedule.
(a) This schedule sets forth fees to be charged for processing
requests for records under the FOIA. No higher fees or charges in
addition to those provided for in this schedule may be charged a party
requesting records under FOIA.
(b) Subject to the criteria set forth in Sec. 51-8.13, fees may be
assessed under FOIA on all requests involving document search,
duplication, and review. Fees may also be charged in situations
involving special service to requests, such as certifying that records
requested are true copies, or sending records by special methods such as
express mail, etc.
(c) Instances in which fees may not be charged are as follows:
(1) No charge shall be made for the first 100 pages of duplicated
information (8\1/2\x14 or smaller-size paper), or
the first two hours of manual search time, or the first two minutes of
computer search time, except on requests seeking documents for a
commercial use, as specified in Sec. 51-8.13;
(2) Also, no charge shall be made--even to commercial use
requesters--if the cost of collecting a fee would be equal to or greater
than the fee itself;
(3) In addition, fees shall not be charged for time spent by an
agency employee in resolving legal or policy issues, or in monitoring a
requester's inspection of agency records;
(4) Documents shall also be furnished without charge when members of
the
[[Page 71]]
public provide their own copying equipment, in which case no copying fee
will be charged (although search and review fees may still be assessed).
(d) Fees for records and related services are as follows:
(1) The fee for photocopies of pages 8\1/2\x14
or smaller shall be $0.20 for each page;
(2) The fee for photocopies larger than 8\1/
2\x14 shall be $0.50 per linear foot of the
longest side of the copy;
(3) The fee for other forms of duplicated information, such as
microfilm, audio-visual materials, or machine-readable documentation
(i.e., magnetic tape or disk) shall be the actual direct cost of
producing the document(s);
(4) Manual searches shall be charged at the salary rate of the
employee conducting the search, plus 16 percent of the employee's basic
pay.
(e) Computer searches and services shall be charged at the rate of
$22.00 per minute. The $22.00-per-minute rate includes the cost of
operating the central processing unit (CPU), and the computer operator's
salary. When the services of a computer programmer or a computer program
analyst are required in connection with an FOIA request, the fee for
those services shall be $16.00 and $20.00 per hour, respectively.
(f) Charges for unsuccessful searches, or searches which fail to
locate records or which locate records which are exempt from disclosure,
shall be assessed at the same fee rate as searches which result in
disclosure of records.
(g) The fee for providing review services shall be the hourly salary
rate (i.e., basic pay plus 16 percent) of the employee conducting the
review to determine whether any information is exempt from mandatory
disclosure.