Search Fees in Freedom of Information Act Cases, 57857-57858 [E7-20082]

Agencies

• DEPARTMENT OF STATE

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://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 https://www.state.gov or 
directly at the FOIA home page at https://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