Freedom of Information Act Fee Schedule, 57510-57511 [05-19649]
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57510
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations
an insurance company for federal
income tax purposes. The IRS believes
the issue of what constitutes an
insurance company is outside the scope
of this regulation, which solely relates
to the application of the asset-use test to
stock held by foreign insurance
companies.
The commentator also expressed
concern about the interaction of the
proposed regulation with § 1.864–5(a),
which provides, generally, that foreign
source income, such as a foreign-source
dividend or gain, cannot constitute U.S.
effectively connected income in
circumstances in which a U.S.-source
dividend or gain would not constitute
U.S. effectively connected income.
Accordingly, the commentator is
concerned that the rule in the
regulations will also expand the
category of foreign-source dividends or
gains that may constitute effectively
connected income. That is true and the
Treasury Department and the IRS
believe this is the appropriate result.
The IRS invited comments whether
the 10 percent threshold provided in the
proposed regulation was an appropriate
standard for determining whether stock
is a portfolio investment. The
commentator stated that it was possible
for insurance companies to make a
strategic investment in a corporation at
a level below 10 percent of the vote or
value of the corporation, such as by
purchasing a special class of shares that
conveyed the power to elect directors.
The commentator recommended
creating a rebuttable presumption of
portfolio status.
We do not believe that treating the 10
percent threshold as a rebuttable
presumption is appropriate. The 10
percent threshold provides a reasonable
method for identifying portfolio stock
held by a branch of a foreign life
insurance company.
Special Analyses
It has been determined that this
Treasury decision is not a significant
regulatory action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because these
regulations do not impose a collection
of information on small entities, the
provisions of the Regulatory Flexibility
Act (5 U.S.C. chapter 6) do not apply.
Pursuant to section 7805(f) of the
Internal Revenue Code, the notice of
proposed rulemaking preceding this
regulation was submitted to the Chief
Counsel for Advocacy of the Small
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14:53 Sep 30, 2005
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Business Administration for comment
on its impact on small business.
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Drafting Information
29 CFR Part 1610
The principal author of this regulation
is Sheila Ramaswamy, Office of
Associate Chief Counsel (International).
However, other personnel from the IRS
and Treasury Department participated
in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendment to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. In § 1.864–4, paragraph
(c)(2)(iii)(b) is revised to read as follows:
§ 1.864–4 U.S. source income effectively
connected with U.S. business.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) * * *
(b) Stock held by foreign insurance
companies. This paragraph (c)(2)(iii)
shall not apply to stock of a corporation
(whether domestic or foreign) held by a
foreign insurance company unless the
foreign insurance company owns 10
percent or more of the total voting
power or value of all classes of stock of
such corporation. For purposes of this
section, section 318(a) shall be applied
in determining ownership, except that
in applying section 318(a)(2)(C), the
phrase ‘‘10 percent’’ is used instead of
the phrase ‘‘50 percent.’’
*
*
*
*
*
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: August 9, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary for Tax
Policy.
[FR Doc. 05–19622 Filed 9–30–05; 8:45 am]
BILLING CODE 4830–01–U
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RIN 3046–AA75
Freedom of Information Act Fee
Schedule
Equal Employment
Opportunity Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Equal Employment
Opportunity Commission (EEOC or the
Commission) is adopting revisions to its
Freedom of Information Act (FOIA) fee
schedule. The updated schedule of fees
reflects increases in the direct costs
incurred by the Commission in
responding to requests for records.
DATES: October 3, 2005.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Schlageter, Assistant Legal
Counsel, or Michelle Zinman, Senior
General Attorney at (202) 663–4640
(voice) or (202) 663–7026 (TTY). This
notice of final rule is also available in
the following formats: large print,
Braille, audiotape and electronic file on
computer disk. Requests for this notice
of final rule in an alternative format
should be made to EEOC’s Publication
Center at 1–800–669–3362.
SUPPLEMENTARY INFORMATION: On July 1,
2005, at 70 FR 38060–01, the EEOC
published a notice of proposed
rulemaking proposing to amend the
sections of 29 CFR part 1610 that
concern the fees assessed to persons
who seek agency records under the
FOIA. The changes comply with the
Office of Management and Budget’s
Uniform Freedom of Information Act
Fee Schedule and Guidelines, 52 FR
10012 (1987). Comments from the
public were due on or before August 31,
2005. No comments were received.
Therefore, EEOC is adopting the
proposed revisions, without change, as
its final rule.
Regulatory Procedures
Executive Order 12866
Pursuant to Executive Order 12866,
EEOC has determined that the
regulation will not have an annual effect
on the economy of $100 million or more
or adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State or local tribal governments or
communities. Therefore, a detailed costbenefit assessment of the regulation is
not required.
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations
Paperwork Reduction Act
This rule contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Regulatory Flexibility Act
The Commission, in accordance with
the Regulatory Flexibility Act (5 U.S.C.
606(b)), has reviewed this regulation
and by approving it certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
List of Subjects in 29 CFR Part 1610
Freedom of Information.
For the Commission.
Cari M. Dominguez,
Chair.
Accordingly, for the reasons set forth
in the preamble, EEOC amends 29 CFR
part 1610 as follows:
I
PART 1610—AVAILABILITY OF
RECORDS
1. The authority citation for part 1610
continues to read as follows:
I
Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C.
552 as amended by Pub. L. 93–502, Pub. L.
99–570, and Pub. L. 105–231; for § 1610.15,
non-search or copy portions are issued under
31 U.S.C. 9701.
2. Section 1610.1 is amended by
adding paragraphs (e) through (i) as
follows:
I
§ 1610.1
Definitions.
*
*
*
*
*
(e) Direct costs refers to those
expenses that EEOC actually incurs in
searching for and duplicating (and, in
the case of commercial requesters,
reviewing) records to respond to a
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 cost
of operating duplicating machinery. Not
included in direct costs are overhead
expenses such as costs of space and
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14:53 Sep 30, 2005
Jkt 208001
heating or lighting of the facility in
which the records are stored.
(f) Search refers to the time spent
looking for and retrieving material that
is responsive to a request. It includes
page-by-page or line-by-line
identification of information within
documents and also includes reasonable
efforts to locate and retrieve information
from records maintained in electronic
formats. EEOC employees should ensure
that searching for materials is done in
the most efficient and least expensive
manner reasonably possible. For
example, employees shall not search
line-by-line when merely duplicating a
document would be quicker and less
expensive.
(g) Duplication refers to the process of
making a copy of a record or document
necessary to respond to a FOIA request.
Such copies can take the form of paper
copy, microform, audio-visual materials,
electronic formats (for example
magnetic tape or disk), among others.
Employees shall honor a requester’s
specified preference of format of
disclosure if the record is readily
reproducible with reasonable efforts in
the requested format by the office
responding to the request.
(h) Attestation refers to the
authentication of copies of Commission
documents by an affidavit or unsworn
declaration from the records custodian
without the Commission Seal.
(i) Certification refers to the
authentication of copies of Commission
documents by an affidavit or unsworn
declaration from the records custodian
under the Commission Seal.
I 3. Section 1610.15(c) is revised to read
as follows:
§ 1610.15 Schedule of fees and method of
payment for services rendered.
*
*
*
*
*
(c) Except as otherwise provided, the
following specific fees for direct costs
shall be applicable with respect to
services rendered to members of the
public under this subpart:
(1) For manual search and review
time:
(i) By clerical personnel—at the rate
of $5.00 per quarter hour.
(ii) By paralegals—at the rate of $9.00
per quarter hour.
(iii) By professional personnel—at the
rate of $10.00 per quarter hour.
(iv) By managers—at the rate of
$17.50 per quarter hour.
(v) By SES employees—at the rate of
$20.00 per quarter hour.
(2) For computer searches of records,
requesters will be charged at the actual
direct cost of providing the service. This
includes the operator/programmer
salary apportionable to the search based
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57511
on the rates listed in paragraph (c)(1) of
this section.
(3) For copies made by photocopy—
$0.15 per page (maximum of 10 copies).
For copies prepared by computer, such
as tapes or printouts, EEOC will charge
the direct cost incurred by the agency,
including operator time. For other forms
of duplication, EEOC will charge the
actual costs of that duplication.
(4) For attestation of documents—
$25.00 per authenticating affidavit or
declaration. Additionally, there may be
search and review charges assessed in
accordance with the rates listed in
paragraph (c)(1) of this section.
(5) For certification of document—
$50.00 per authenticating affidavit or
declaration. Additionally, there may be
search and review charges assessed in
accordance with the rates listed in
paragraph (c)(1) of this section.
(6) For each signed statement of
negative result of search for record—
$10.00. Additionally, there may be
search charges assessed in accordance
with the rates listed in paragraph (c)(1)
of this section.
(7) For retrieval of records from a
Federal Records Center—the amount
charged to EEOC for retrieval of such
records.
(8) All other direct costs of search,
review, duplication or delivery (other
than normal mail), shall be charged to
the requester as appropriate in the same
amount as incurred by the agency.
*
*
*
*
*
[FR Doc. 05–19649 Filed 9–30–05; 8:45 am]
BILLING CODE 6570–01–U
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region 2 Docket No. R02–OAR–2005–NY–
0003, FRL–7971–5]
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency is approving a revision to the
New York State Implementation Plan
(SIP) concerning New York’s permitting
program. The SIP revision consists of
amendments to Title 6 of the New York
Code, Rules and Regulations, Part 201,
‘‘Permits and Certificates.’’ The
intended effect of this approval is to
incorporate administrative changes to
New York’s permitting program into the
SIP.
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]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57510-57511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19649]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1610
RIN 3046-AA75
Freedom of Information Act Fee Schedule
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Equal Employment Opportunity Commission (EEOC or the
Commission) is adopting revisions to its Freedom of Information Act
(FOIA) fee schedule. The updated schedule of fees reflects increases in
the direct costs incurred by the Commission in responding to requests
for records.
DATES: October 3, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, or Michelle Zinman, Senior General Attorney at (202) 663-4640
(voice) or (202) 663-7026 (TTY). This notice of final rule is also
available in the following formats: large print, Braille, audiotape and
electronic file on computer disk. Requests for this notice of final
rule in an alternative format should be made to EEOC's Publication
Center at 1-800-669-3362.
SUPPLEMENTARY INFORMATION: On July 1, 2005, at 70 FR 38060-01, the EEOC
published a notice of proposed rulemaking proposing to amend the
sections of 29 CFR part 1610 that concern the fees assessed to persons
who seek agency records under the FOIA. The changes comply with the
Office of Management and Budget's Uniform Freedom of Information Act
Fee Schedule and Guidelines, 52 FR 10012 (1987). Comments from the
public were due on or before August 31, 2005. No comments were
received. Therefore, EEOC is adopting the proposed revisions, without
change, as its final rule.
Regulatory Procedures
Executive Order 12866
Pursuant to Executive Order 12866, EEOC has determined that the
regulation will not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State or local tribal
governments or communities. Therefore, a detailed cost-benefit
assessment of the regulation is not required.
[[Page 57511]]
Paperwork Reduction Act
This rule contains no new information collection requirements
subject to review by the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. Chapter 35).
Regulatory Flexibility Act
The Commission, in accordance with the Regulatory Flexibility Act
(5 U.S.C. 606(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
List of Subjects in 29 CFR Part 1610
Freedom of Information.
For the Commission.
Cari M. Dominguez,
Chair.
0
Accordingly, for the reasons set forth in the preamble, EEOC amends 29
CFR part 1610 as follows:
PART 1610--AVAILABILITY OF RECORDS
0
1. The authority citation for part 1610 continues to read as follows:
Authority: 42 U.S.C. 2000e-12(a), 5 U.S.C. 552 as amended by
Pub. L. 93-502, Pub. L. 99-570, and Pub. L. 105-231; for Sec.
1610.15, non-search or copy portions are issued under 31 U.S.C.
9701.
0
2. Section 1610.1 is amended by adding paragraphs (e) through (i) as
follows:
Sec. 1610.1 Definitions.
* * * * *
(e) Direct costs refers to those expenses that EEOC actually incurs
in searching for and duplicating (and, in the case of commercial
requesters, reviewing) records to respond to a 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 cost of operating duplicating machinery. Not
included in direct costs are overhead expenses such as costs of space
and heating or lighting of the facility in which the records are
stored.
(f) Search refers to the time spent looking for and retrieving
material that is responsive to a request. It includes page-by-page or
line-by-line identification of information within documents and also
includes reasonable efforts to locate and retrieve information from
records maintained in electronic formats. EEOC employees should ensure
that searching for materials is done in the most efficient and least
expensive manner reasonably possible. For example, employees shall not
search line-by-line when merely duplicating a document would be quicker
and less expensive.
(g) Duplication refers to the process of making a copy of a record
or document necessary to respond to a FOIA request. Such copies can
take the form of paper copy, microform, audio-visual materials,
electronic formats (for example magnetic tape or disk), among others.
Employees shall honor a requester's specified preference of format of
disclosure if the record is readily reproducible with reasonable
efforts in the requested format by the office responding to the
request.
(h) Attestation refers to the authentication of copies of
Commission documents by an affidavit or unsworn declaration from the
records custodian without the Commission Seal.
(i) Certification refers to the authentication of copies of
Commission documents by an affidavit or unsworn declaration from the
records custodian under the Commission Seal.
0
3. Section 1610.15(c) is revised to read as follows:
Sec. 1610.15 Schedule of fees and method of payment for services
rendered.
* * * * *
(c) Except as otherwise provided, the following specific fees for
direct costs shall be applicable with respect to services rendered to
members of the public under this subpart:
(1) For manual search and review time:
(i) By clerical personnel--at the rate of $5.00 per quarter hour.
(ii) By paralegals--at the rate of $9.00 per quarter hour.
(iii) By professional personnel--at the rate of $10.00 per quarter
hour.
(iv) By managers--at the rate of $17.50 per quarter hour.
(v) By SES employees--at the rate of $20.00 per quarter hour.
(2) For computer searches of records, requesters will be charged at
the actual direct cost of providing the service. This includes the
operator/programmer salary apportionable to the search based on the
rates listed in paragraph (c)(1) of this section.
(3) For copies made by photocopy--$0.15 per page (maximum of 10
copies). For copies prepared by computer, such as tapes or printouts,
EEOC will charge the direct cost incurred by the agency, including
operator time. For other forms of duplication, EEOC will charge the
actual costs of that duplication.
(4) For attestation of documents--$25.00 per authenticating
affidavit or declaration. Additionally, there may be search and review
charges assessed in accordance with the rates listed in paragraph
(c)(1) of this section.
(5) For certification of document--$50.00 per authenticating
affidavit or declaration. Additionally, there may be search and review
charges assessed in accordance with the rates listed in paragraph
(c)(1) of this section.
(6) For each signed statement of negative result of search for
record--$10.00. Additionally, there may be search charges assessed in
accordance with the rates listed in paragraph (c)(1) of this section.
(7) For retrieval of records from a Federal Records Center--the
amount charged to EEOC for retrieval of such records.
(8) All other direct costs of search, review, duplication or
delivery (other than normal mail), shall be charged to the requester as
appropriate in the same amount as incurred by the agency.
* * * * *
[FR Doc. 05-19649 Filed 9-30-05; 8:45 am]
BILLING CODE 6570-01-U
