[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1206.700]



[Page 63-65]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table 

of Contents

 

             Subpart 7_Search, Review, and Duplication Fees

 

Sec. 1206.700  Schedule of fees.





    The fees specified in this section shall be charged for searching 

for, reviewing, and/or duplicating Agency records made available in 

response to a request under this part.

    (a) Copies. For copies of documents such as letters, memoranda, 

statements, reports, contracts, etc., $0.10 per copy of each page. For 

copies of oversize documents, such as maps, charts, etc., $0.15 for each 

reproduced



[[Page 64]]



copy per square foot. These charges for copies include the time spent in 

duplicating the documents. For copies of computer disks, still 

photographs, blueprints, videotapes, engineering drawings, hard copies 

of aperture cards, etc., the fee charged will reflect the full direct 

cost to NASA of reproducing or copying the record.

    (b) Clerical searches. For each one-quarter hour spent by clerical 

personnel in searching for an Agency record in response to a request 

under this part, $3.75.

    (c) Nonroutine, nonclerical searches. When a search cannot be 

performed by clerical personnel; for example, when the task of 

determining which records fall within a request and collecting them 

requires the time of professional or managerial personnel, and when the 

amount of time that must be expended in the search and collection of the 

requested records by such higher level personnel is substantial, charges 

for the search may be made at a rate in excess of the clerical rate, 

namely for each one-quarter hour spent by such higher level personnel in 

searching for a requested record, $7.50.

    (d) Review of records. For commercial use requests only, when time 

is spent reviewing to determine whether they are exempt from mandatory 

disclosure, a charge may be made at the rate for each one-quarter hour 

spent by an attorney, $11.25. No charge shall be made for the time spent 

in resolving general legal or policy issues regarding the application of 

exemptions. This charge will only be assessed the first time NASA 

reviews a record and not at the administrative appeal level.

    (e) Computerized records. Because of the diversity in the types and 

configurations of computers which may be required in responding to 

requests for Agency records maintained in whole or in part in 

computerized form, it is not feasible to establish a uniform schedule of 

fees for search and printout of such records. In most instances, records 

maintained in computer data banks are available also in printed form and 

the standard fees specified in paragraph (a) of this section shall 

apply. If the request for an Agency record required to be made available 

under this part requires a computerized search or printout, the charge 

for the time of personnel involved shall be at the rates specified in 

paragraphs (b) and (c) of this section. The charge for the computer time 

involved and for any special supplies or materials used shall not exceed 

the direct cost to NASA. This charge may be as high as $125.00 per 

quarter hour. Before any computer search or printout is undertaken in 

response to a request for an Agency record, the requester shall be 

notified of the applicable unit costs involved and the total estimated 

cost of the search and/or printout.

    (f) Other search and duplication costs. Reasonable standard fees, 

other than as specified in paragraphs (a) through (e) of this section, 

may be charged for additional direct costs incurred in searching for or 

duplicating an Agency record in response to a request under this part. 

Charges which may be made under this paragraph include, but are not 

limited to, the transportation of NASA personnel to places of record 

storage for search purposes or freight charges for transporting records 

to the personnel searching for or duplicating a requested record.

    (g) Charges for special services. Complying with requests for 

special services such as those listed in (g)(1), (2), and (3) of this 

section is entirely at the discretion of NASA. Neither the FOIA nor its 

fee structure cover these kinds of services. To the extent that NASA 

elects to provide the following services, it will levy a charge 

equivalent to the full cost of the service provided:

    (1) Certifying that records are true copies.

    (2) Sending records by special methods such as express mail.

    (3) Packaging and mailing bulky records that will not fit into the 

largest envelope carried in the supply inventory.

    (h) Unsuccessful or unproductive searches. Search charges, as set 

forth in paragraphs (b) and (c) of this section, may be made even when 

an Agency record which has been requested cannot be identified or 

located after a diligent search and consultation with a professional 

NASA employee familiar with the subject area of the request, or if 

located, cannot be made available



[[Page 65]]



under Subpart 3 of this part. Ordinarily, however, fees will not be 

charged in such instances unless they are substantial (over $50.00) and 

the requester has consented to the search after having been advised that 

it cannot be determined in advance whether any records exist which can 

be made available (see Sec. 1201206.704) and that search fees will be 

charged even if no record can be located and made available.

    (i) Fees not chargeable.

    (1) NASA will not charge for the first 100 pages of duplication and 

the first 2 hours of search time either manual or electronic except to 

requesters seeking documents for commercial use.

    (2) If the cost to be billed to the requester is equal to or less 

than $15.00, no charges will be billed.

    (j) Records will be provided in a form or format specified by the 

requester if they are readily reproducible in such format with 

reasonable efforts. If the records are not readily reproducible in the 

requested form or format, the Agency will so inform the requester. The 

requester may specify an alternative form or format that is available. 

If the requester refuses to specify an alternative form or format, the 

Agency will not process the request further.