[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Rules and Regulations]
[Pages 57857-57858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20082]
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DEPARTMENT OF STATE
22 CFR Part 171
[Public Notice 5955]
RIN 1400-AC25
Search Fees in Freedom of Information Act Cases
AGENCY: State Department.
ACTION: Final rule.
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SUMMARY: This rule makes final the Department's proposed rule published
on June 20, 2007. The rule revises the regulations on fees to be
charged for searching for information responsive to requests made under
the Freedom of Information Act. The existing regulations proved to be
unworkable, particularly in terms of ascertaining the costs of
electronic searches.
DATES: Effective Date: This rule is effective October 11, 2007.
ADDRESSES: Persons having questions with respect to these regulations
should address such questions to: Margaret P. Grafeld, Director, Office
of Information Programs and Services, (202) 261-8300, U.S. Department
of State, SA-2, 515 22nd St., NW., Washington, DC 20522-6001; FAX: 202-
261-8590. E-mail GrafeldMP@state.gov. Persons with access to the
Internet may view this rule online at http://www.regulations.gov/
index.cfm.
FOR FURTHER INFORMATION CONTACT: Margaret P. Grafeld, Director, Office
of Information Programs and Services, (202) 261-8300, U.S. Department
of State, SA-2, 515 22nd St., NW., Washington, DC 20522-6001; FAX: 202-
261-8590.
SUPPLEMENTARY INFORMATION: The Department's proposed rule was published
as Public Notice 5835 at 72 FR 33932-33933 on June 20, 2007 with a 90-
day comment period. The Department received one comment discussed under
Analysis of Comments. Although the current version of the search fee
provision was promulgated in 2004, based largely on previous long-
standing regulations, experience has shown that the previous, as well
as the current, regulation could not, in fact, be given full effect
because the cost of computer searches could not be fully ascertained
and because of the difficulties in determining the salary costs
attributable to individuals doing manual searches, particularly at
overseas posts where Foreign Service Nationals have a different and
more frequently changing pay scale. By using average salary costs of
the categories of individuals involved in a search (i.e., clerical,
professional, executive) instead of the actual salary of each such
individual, the proposed revision will permit computer calculation of
the fees that should be as accurate as the current method and should
not result in any substantial increase or diminution of search fees
charged or collected.
Analysis of Comments: The proposed rule was published for comments
on June 20, 2007. The comment period closed September 18, 2007. The one
public comment received by the Department recommends that in
calculating the salary rates for those performing the searches, all
employee benefits they receive be included. To the extent it is
possible to quantify such benefits, the Department plans to include
them in the calculation of the salary rates of those performing the
searches.
Regulatory Findings
Administrative Procedure Act. The Department is publishing this
regulation as a final rule after it was published as a proposed rule
June 20, 2007.
Regulatory Flexibility Act. The Department, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule
and, by approving it, certifies that this rule will not have
significant economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995. This rule will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of 100 million or more in any year, and it
will not significantly or uniquely affect small governments. Therefore,
no actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996. This
rule is not a major rule as defined by section 804 of the Small
Business Regulatory Enforcement Act of 1996. This rule will not result
in an annual effect on the economy of 100 million or more; a major
increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
Executive Order 12866. The Department does not consider this rule
to be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. In addition, the
Department is exempt from Executive Order 12866 except to the extent
that it is promulgating regulations in conjunction with a
[[Page 57858]]
domestic agency that are significant regulatory actions. The Department
has nevertheless reviewed the regulation to ensure its consistency with
the regulatory philosophy and principles set forth in that Executive
Order.
Executive Order 13132. This regulation will not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with section 6 of Executive Order 13132, it is determined
that this rule does not have sufficient federalism implications to
require consultations or warrant the preparation of a federalism
summary impact statement.
Paperwork Reduction Act. This rule does not impose any new
reporting or record-keeping requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 171
Administrative practice and procedure, Fees for searches in Freedom
of Information Act cases.
0
For the reasons set forth in the preamble, 22 CFR part 171 is amended
as follows:
PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
0
1. The authority citation for part 171 continues to read as follows:
Authority: 22 U.S.C. 552, 552a; Ethics in Government Act of
1978, Pub. L. 95-521, 92 Stat. 1824, as amended; E.O. 12958, as
amended, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; E.O. 12600, 52 FR
23781, 3 CFR, 1987 Comp., p. 235.
0
2. Section 171.14 is amended by adding a new sentence at the end of
paragraph (a) introductory text to read as follows:
Sec. 171.14 Fees to be charged--general.
* * * * *
(a) * * * For both manual and computer searches, the Department
shall charge the estimated direct cost of each search based on the
average current salary rates of the categories of personnel doing the
searches. Further information on search fees is available by clicking
on ``FOIA'' at the Department's Web site at http://www.state.gov or
directly at the FOIA home page at http://foia.state.gov.
* * * * *
Dated: October 2, 2007.
Llewellyn Hedgbeth,
Deputy Assistant Secretary, Department of State.
[FR Doc. E7-20082 Filed 10-10-07; 8:45 am]
BILLING CODE 4710-24-P