User Fees, 23953-23957 [E8-9377]
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Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Rules and Regulations
FDA field personnel, of FDA’s
publication of the proposed amendment
to the health claim regulation
authorizing the health claim for soluble
fiber from certain foods and CHD
(§ 101.81).
In addition, the agency sought input
from all stakeholders through
publication of the proposed rule (72 FR
5367). FDA received no comments from
any states on the proposed rulemaking.
In conclusion, the agency believes
that it has complied with all of the
applicable requirements under the
Executive Order and has determined
that the preemptive effects of this final
rule are consistent with Executive Order
13132.
VI. References
The following references have been
placed on display in the Division of
Dockets Management, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday. (FDA has verified all
Web site addresses, but FDA is not
responsible for any subsequent changes
to the Web sites after this document
publishes in the Federal Register.)
1. U.S. Department of Agriculture,
Agricultural Research Service. 2007. USDA
National Nutrient Database for Standard
Reference, Release 20. Nutrient Data
Laboratory Home Page, https://
www.ars.usda.gov/ba/bhnrc/ndl.
2. The Quaker Oats Co. and Rhodia, Inc.,
‘‘Oatrim [Beta TrimTM] Health Petition,’’
HCN1, vol. 1, Docket No. 01A–0313, April
12, 2001.
3. U.S. Department of Health and Human
Services and U.S. Department of Agriculture,
Dietary Guidelines for Americans, 2005, 6th
Edition, Washington, DC: U.S. Government
Printing Office, (https://www.health.gov/
dietaryguidelines/dga2005/document/),
January 2005.
4. U.S. Food and Drug Administration,
CFSAN/Office of Nutritional Products,
Labeling, and Dietary Supplements, Food
Label and Package Survey 2000–2001,
(https://www.cfsan.fda.gov/~dms/labflap.html), May 2006.
5. Institute of Medicine of the National
Academies, Dietary Reference Intakes for
Energy, Carbohydrate, Fiber, Fat, Fatty Acids,
Cholesterol, Protein, and Amino Acids, the
National Academies Press, Washington, DC,
2005, pp. 367–368.
6. RTI International, FDA Labeling Cost
Model, Final Report, (https://
www.foodrisk.org/exclusives/FDA_LCM/),
October 2004.
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List of Subjects in 21 CFR Part 101
Food labeling, Nutrition, Reporting
and recordkeeping requirements.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
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of Food and Drugs, 21 CFR part 101 is
amended as follows:
PART 101—FOOD LABELING
1. The authority citation for 21 CFR
part 101 continues to read as follows:
I
Authority: 15 U.S.C. 1453, 1454, 1455; 21
U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C.
243, 264, 271.
2. Section 101.81 is amended by
revising paragraph (c)(2)(iii)(C) and by
adding new paragraph (c)(2)(iii)(D) to
read as follows:
I
§ 101.81 Health claims: Soluble fiber from
certain foods and risk of coronary heart
disease (CHD).
*
*
*
*
*
(c) * * *
(2) * * *
(iii) * * *
(C) The food shall meet the nutrient
content requirement in § 101.62 for a
‘‘low saturated fat’’ and ‘‘low
cholesterol’’ food; and
(D) The food shall meet the nutrient
content requirement in § 101.62(b)(2) for
a ‘‘low fat’’ food, unless the food
exceeds this requirement due to fat
content derived from whole oat sources
listed in paragraph (c)(2)(ii)(A) of this
section.
*
*
*
*
*
Dated: April 25, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–9590 Filed 4–30–08; 8:45 am]
23953
Ms.
Elaine Carpenter-Schmied, 703–697–
0859.
FOR FURTHER INFORMATION CONTACT:
On
January 26, 2006 (71 FR 4332), the
Department of Defense published a
proposed rule on user charges with a
comment period ending May 11, 2006.
Comments included updating sited
directives, spelling out acronyms, and
inserting punctuation. All relevant
comments were accepted. However, the
revision did not include a schedule of
fees and rates because DoD Components
were responsible for computing user
fees. With the exclusion of the fee and
rate schedule proposed rule 32 CFR Part
204 no longer had an impact on the
public. Upon further review and
discussions between White House
Services and the Government
Accountability Office, it was
determined fees should be based on full
cost or market price and the rule should
specify the principles used to compute
these values. The revision was
completed in October 2007.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
Part 204 is a significant regulatory
action. The rule has an annual effect to
the economy of over $100 million.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
Office of the Secretary
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any 1 year.
32 CFR Part 204
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
BILLING CODE 4160–01–S
DEPARTMENT OF DEFENSE
[DoD–2006–OS–0005]
RIN 0790–AH93
User Fees
Department of Defense.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Defense is
revising 32 CFR Part 204 to better align
it with Office of Management and
Budget (OMB) Circular A–25, ‘‘User
Charges.’’ This part provides guidelines
to establish appropriate fees for
authorized services supplied by
Department of Defense organizations
when such services provide special
benefits to an identifiable recipient
beyond those that accrue to the general
public.
DATES: Effective Date: This rule is
effective May 1, 2008.
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It has been certified that 32 CFR part
204 is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
The rule being promulgated provides
guidelines to establish appropriate fees
for authorized services supplied by
Department of Defense organizations
when such services provide special
benefits to an identifiable recipient
beyond those that accrue to the general
public.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
204 does not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
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Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 204
Accounting, Armed forces,
Government property.
I Accordingly, 32 CFR part 204 is
revised to read as follows:
PART 204—USER FEES
Sec.
204.1 Purpose.
204.2 Applicability.
204.3 Policy and procedures.
204.4 Responsibilities.
204.5 Fees.
204.6 Collections.
204.7 Legislative proposals.
204.8 Benefits for which no fee shall be
assessed.
204.9 Schedule of fees and rates.
Authority: 31 U.S.C. 9701.
§ 204.1
Purpose.
This part implements the DoD
program under Title 31, United States
Code, section 9701 and OMB Circular
No. A–25, ‘‘User Charges,’’ to establish
appropriate fees for authorized services
supplied by DoD organizations.
§ 204.2
Applicability.
This part applies to the Office of the
Secretary of Defense, the Military
Departments, the Chairman of the Joint
Chiefs of Staff, the Combatant
Commands, and the Defense Agencies
(hereafter referred to collectively as
‘‘DoD Components’’). None of the
provisions in this part should be
construed as giving authority for the
sale or lease of property, or the
rendering of special services. Actions to
convey such special benefits must be
authorized by separate authority. This
user fee policy is applicable except
when other statutes or directives
specifically direct other practices or
procedures.
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§ 204.3
Policy and procedures.
(a) General. It is DoD policy not to
compete unfairly with available
commercial facilities in providing
special services or in the sale or lease of
property to private parties and agencies
outside the Federal Government.
However, when a service (or privilege)
provides special benefits to an
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identifiable recipient, beyond those that
accrue to the general public, a fee shall
be imposed to recover the full cost to
the Federal Government for providing
the special benefit (or the market price)
except as otherwise approved by the
Under Secretary of Defense
(Comptroller) (USD(C)) and authorized
by the Director of OMB. A special
benefit will be considered to accrue, and
a user fee shall be imposed, when a
Government service:
(1) Enables the beneficiary to obtain
more immediate or substantial gain or
values (which may or may not be
measurable in monetary terms) than
those which accrue to the general public
(e.g., receiving a patent, insurance, or
guarantee provision, or a license to carry
on a specific activity or business or
various kinds of public land use); or
(2) Provides business stability or
contributes to public confidence in the
business activity of the beneficiary (e.g.,
insuring deposits in commercial banks),
or
(3) Is performed at the request of or
for the convenience of the recipient, and
is beyond the services regularly received
by other members of the same industry
or group or by the general public (e.g.,
receiving a passport, visa, airman’s
certificate, or a Custom’s inspection
after regular duty hours).
(b) Costing. (1) Except as provided in
§ 204.3(c) and § 204.8, a user fee shall be
imposed to recover the full cost to the
Federal Government of providing the
service, resource, or good when the
Government is acting in its capacity as
sovereign.
(2) User fees shall be based on market
prices (as defined in § 204.5(a)(4)) when
the Government is not acting in its
capacity as sovereign and is leasing or
selling goods or resources, or is
providing a service (e.g., leasing space
in federally owned buildings). Under
these business-type conditions, user fees
need not be limited to the recovery of
full cost and may yield net revenues.
(3) User fees will be collected in
advance of, or simultaneously with, the
rendering of services unless
appropriations and authority are
provided in advance to allow
reimbursable services.
(4) Whenever possible, fees should be
set as rates rather than fixed dollar
amounts in order to adjust for changes
in costs to the Government or changes
in market prices of the good, resource,
or service provided.
(c) Exclusions. (1) The provisions of
this part do not apply when other
statutes or DoD issuances require
different practices or procedures, such
as for:
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(i) Morale, welfare, and recreation
services to military personnel and
civilian employees of the Department of
Defense and other services provided
according to § 204.8.
(ii) Sale or disposal of surplus
property under approved programs
(Chapter 5 of DoD 7000.14–R.)1
(iii) Services furnished the general
public relating to, or in furtherance of,
the Armed Forces recruiting program.
(iv) Services furnished to
representatives of the public
information media in the interest of
public understanding of the Armed
Forces.
(v) Armed Forces participation in
public events. Fees for such
participation are governed by the
provisions of DoD Instruction 5410.19.
(vi) Records made available to the
public, under the Freedom of
Information Act, pursuant to 32 CFR
part 285. Fees for such record searches
and copies of records are governed by
32 CFR part 286.
(vii) Services furnished to nonFederal audio-visual media. Fees for
such services are governed by the
provisions of DoD Instruction 5410.15.
(viii) Government-developed
computer programs released to nonFederal customers. Fees for software
packages are governed by DoD
Instruction 7930.2.
(ix) Pricing of performance by DoD
Working Capital Fund activities shall be
according to Volume 11B of DoD
7000.14–R.
(x) Foreign Military Sales of Defense
articles and services shall be according
to Volume 15 of DoD 7000.14–R.
(xi) Records made available to Privacy
Act requesters shall be according to 32
CFR part 310.
(2) User fees may be waived by the
Head of a DoD Component when:
(i) Furnishing of their service without
fee is an appropriate courtesy to a
foreign government or international
organization, or comparable fees are set
on a reciprocal basis with a foreign
country.
(ii) The Director of the OMB has
approved a request for an exception.
Such exceptions may be recommended
when:
(A) The cost of collecting the fees
would represent an unduly large part of
the receipts from the activity; or
(B) Any other conditions exists that,
in the opinion of the Head of the DoD
Component or his designee, justifies the
exception.
1 Copies of unclassified DoD issuances may be
obtained at https://www.dtic.mil/whs/directives/.
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§ 204.4
Responsibilities.
(a) The USD(C) shall develop and
monitor policies governing user fees.
(b) The Heads of the DoD
Components, or designees, shall:
(1) Identify each service or activity
that may properly be the subject of a
user fee under this part.
(2) Determine the extent of the special
benefit provided.
(3) Apply the principles specified in
§ 204.5(a) in determining full cost or
market price.
(4) Review the user fees biennially, to
include:
(i) Assurance that existing fees are
adjusted to reflect unanticipated
changes in costs or market values; and
(ii) A review of all other programs to
determine whether fees should be
assessed for Government services or the
user of Government goods or services.
DoD Components should discuss the
results of the biennial review of user
fees and any resultant proposals in the
Chief Financial Officers Annual Report
required by the Chief Financial Officers
Act of 1990.
(5) Initiate exception actions outlined
in § 204.3(c)(2). All such actions shall be
coordinated with the USD(C) prior to
forwarding to the OMB.
(i) Exceptions granted under
§ 204.3(c)(2)(i) shall be renewed every 4
years to ensure conditions warrant their
continuation.
(ii) Exceptions granted under
§ 204.3(c)(2)(ii) shall be resubmitted for
approval to the OMB every 4 years
when conditions warrant their
continuation.
(6) Maintain readily accessible
records of:
(i) The services or activities covered
by this part.
(ii) The extent of special services
provided.
(iii) The exceptions to the general
policy of this part.
(iv) The information used to establish
fees and the specific methods used in
their determination.
(v) The collections from each user fee
imposed.
(7) Maintain adequate records of the
information used to establish fees and
provide them upon request to OMB for
the evaluation of the schedules and
provide data on user fees to OMB
according to the requirements in
Circular No. A–11.
(8) Develop legislative proposals as
outlined in § 204.7 when there are
statutory prohibitions or limitations on
the assessment of user fees.
§ 204.5
Fees.
(a) General. (1) All fees shall be based
on full cost to the U.S. Government or
market price, whichever applies.
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(2) ‘‘Full cost’’ includes all direct and
indirect costs associated with providing
a good, resource, or service. These costs
are outlined in Volume 11A, Chapter 1,
paragraph 010203 of DoD 7000.14–R.
(3) Full cost shall be determined or
estimated from the best available
records, and new cost accounting
systems shall not be established solely
for this purpose.
(4) ‘‘Market price’’ means the price for
a good, resource, or service that is based
on competition in open markets, and
creates neither a shortage nor a surplus
of the good, resource, or service.
(i) When a substantial competitive
demand exists for a good, resource, or
service, its market price will be
determined using commercial practices,
for example:
(A) By competitive bidding; or
(B) By reference to prevailing prices
in competitive markets for goods,
resources, or services that are the same
or similar to those provided by the
Government (e.g., campsites or grazing
lands in the general vicinity of private
ones) with adjustments as appropriate
that reflect demand, level of service, and
quality of the good or service.
(ii) In the absence of substantial
competitive demand, market price will
be determined by taking into account
the prevailing prices for goods,
resources, or services that are the same
or substantially similar to those
provided by the Government, and then
adjusting the supply made available
and/or price of the good, resource, or
service so that there will be neither a
shortage nor a surplus (e.g., campsites in
remote areas).
(5) Fees established in advance of
performance shall be based on the
estimated cost of performance. Projected
amounts shall be reviewed biennially or
whenever significant changes in cost or
value occur.
(6) Management controls (see DoD
Instruction 5010.40) must be established
to ensure fees are developed and
adjusted, using current, accurate, and
complete data, to provide
reimbursement conforming to statutory
requirements. These controls also must
ensure compliance with cash
management and debt collection
policies according to Volume 5 of DoD
7000.14–R.
(b) Information resources. The fees for
services provided by data processing
activities shall be determined by using
the costs accumulated pursuant to
requirements in OMB Circular A–130,
‘‘Management of Federal Information
Resources.’’
(c) User fees for recurring services
shall be established in advance, when
feasible. The benefit of charging user
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23955
fees must outweigh the cost of collecting
the fees charged.
(d) Lease or sale of property. Fees for
lease or sale of property shall be based
on the following:
(1) Leases of military equipment or
real estate. (i) In cases involving the
lease or rental of military equipment,
when there is no commercial
counterpart, the fee will be based on the
procedures provided in Volume 11A,
Chapter 1, paragraph 010203.I of DoD
7000.14–R. The current interest rate in
OMB Circular A–94 will be used in the
computation of interest on investment
in assets. In determining the value,
consideration may be given to the
responsibility of the lessee to assume
the risk of loss or damage to the
property and to hold the government
harmless against claims or liabilities by
the lessee or third parties.
(ii) In cases involving real estate
outgrants, the consideration for a lease
shall be determined by appraisal of fair
market rental value according to 10
U.S.C. 2667.
(2) Sale of property. When there is
legal authority to sell property to the
public, the selling price of the property
and related accessorial and
administrative costs shall be computed
according to Volume 11A, Chapter 1 of
DoD 7000.14–R.
§ 204.6
Collections.
(a) Collections of fees will be made in
advance or simultaneously with the
rendering of service unless
appropriations and authority allow
otherwise. The policies in this part,
Volume 5 of DoD 7000.14–R, and DoD
Instruction 5010.40, shall be used in
accounting, controlling, and managing
cash and debt collections.
(b) Unless a statute provides
otherwise, user fee collections will be
credited to the general fund of the
Treasury as miscellaneous receipts, as
required by 31 U.S.C. 3302.
§ 204.7
Legislative proposals.
(a) Legislative proposals that allow
the DoD Component to retain
collections may be appropriate when a
fee is levied in order to finance a service
intended to be provided on a
substantially self-sustaining basis and
thus is dependent upon adequate
collections.
(1) The authority to use fees credited
to an appropriation is generally subject
to limits set in annual appropriations
language. However, it may be
appropriate to request exemption from
annual appropriations control, if a
provision of the service is dependent on
demand that is irregular or
unpredictable (e.g., a fee to reimburse an
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agency for the cost of overtime pay of
inspectors for services performed after
regular duty hours).
(2) Legislative proposals that permit
fees to be credited to accounts shall be
consistent with the full-cost recovery
guidelines contained in this part. Any
fees in excess of full cost recovery and
any increase in fees to recover the
portion of retirement costs which
recoups all (funded or unfunded)
accrual costs not covered by employee
contributions are to be credited to the
general fund of the Treasury as
miscellaneous receipts.
(b) Where the retention of the
collection is appropriate, the DoD
Components(s) concerned may submit
legislative proposals under applicable
legislative procedures included in OMB
Circular A–19. These procedures may be
obtained from the Office of Legislative
Counsel, General Counsel, 1600 Defense
Pentagon, Washington, DC 20301–1600.
Proposals to remove user fee restrictions
or retain collections shall:
(1) Define in general terms the
services for which fees will be assessed
and the pricing mechanism that will be
used.
(2) Specify whether fees will be
collected in advance of, or
simultaneously with, the provision of
service unless appropriations and
authority are provided in advance to
allow reimbursable services.
(3) Specify where collections will be
credited. Legislative proposals should
not normally specify precise fees. The
user fee schedule should be set by
regulation to allow for the
administrative updating of fees to reflect
changing costs and market values.
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§ 204.8 Benefits for which no fee shall be
assessed.
(a) Documents and information
requested by members of the Armed
Forces is required by such personnel in
their capacity as Service members.
(b) Documents and information
requested by members of the Armed
Forces who are in a casualty status, or
requested by their next of kin or legal
representative.
(c) The provisions of the address of
record of a member or former member
of the Armed Forces when the address
is readily available through a directory
(locator) service, and when the address
is requested by a member of the Armed
Forces or by a relative or a legal
representative of a member of the
Armed Forces, or when the address of
record is requested by any source for the
purpose of paying monies or forwarding
property to a member or former member
of the Armed Forces.
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(d) Services requested by, or on behalf
of, a member or former member of the
Armed Forces and civilian personnel of
the Department of Defense (where
applicable) or, if deceased, his or her
next of kin or legal representative that
pertain to the provision of:
(1) Information required to obtain
financial benefits regardless of the terms
of separation from the Service.
(2) Document showing membership
and military record in the Armed Forces
if discharge or release was under
honorable conditions, except as shown
in paragraphs (d)(1) and (d)(4) of this
section.
(3) Information relating to a
decoration or award or required for
memoralization purposes.
(4) Information relating to the review
or change in type of discharge or
correction of records.
(5) Personal documents, such as birth
certificates, when such documents are
required to be furnished by the member.
(6) Services furnished free according
to statutes or Executive Orders.
(7) Information from or copies of
medical and dental records or x-ray
films of patients or former patients of
military medical or dental facilities,
when such information is required for
further medical or dental care, and
requests for such data are submitted by
an accredited medical facility,
physician, or dentist, or requested by
the patient, his or her next of kin, or
legal representative. Other requests
subject to the Privacy Act shall be
according to 32 CFR part 310 (see
§ 204.3(c)(1)(xi) of this part).
(8) Services requested by, and
furnished to, a member of Congress for
official use.
(9) Services requested by state,
territorial, county, or municipal
government, or an agency thereof, that
is performing a function related to or
furthering a DoD objective.
(10) Services requested by a court,
when such services will serve as a
substitute for personal court appearance
of a military or civilian employee of the
Department of Defense.
(11) Services requested by a nonprofit
organization that is performing a
function related to or furthering an
objective of the Federal Government or
is in the interest of public health and
welfare, including education.
(12) Services requested by donors in
connection with the conveyance or
transfer of a gift to the Department of
Defense.
(13) Occasional and incidental
services (including requests from
residents of foreign countries), not
requested often, when it is determined
administratively that a fee would be
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inappropriate for the occasional and
incidental services rendered.
(14) Administrative services offered
by reference or reading rooms to inspect
public records, excluding copies of
records or documents furnished.
(15) Services rendered in response to
requests for classification review of DoD
classified records, submitted under
Executive Order 12065, ‘‘National
Security Information,’’ and
implemented by DoD 5200.1–R. Such
services consist of the work performed
in conducting the classification review
or in granting and completing an appeal
from a denial of declassification
following such review.
(16) Services of a humanitarian nature
performed in such emergency situations
as life-saving transportation for nonArmed Forces patients, search and
rescue operations, and airlift of
personnel and supplies to a disaster site.
This does not mean that inter- and intragovernmental agreements to recover all
or part of costs shall not be negotiated.
Rather, it means the recipients or
beneficiary will not be assessed a ‘‘user
fee’’.
§ 204.9
Schedule of fees and rates.
(a) Schedule of fees and rates. (1) This
schedule applies to authorized services
related to copying, certifying, and
searching records rendered to the public
by DoD Components, except when those
services are excluded or excepted from
charges under § 204.3(c) or the ‘‘Benefits
for Which No Fee Shall Be Assessed’’
included in Volume 11A, Chapter 4,
Appendix 1 of DoD 7000.14–R. All other
fees will be based on full cost or market
price.
FEE SCHEDULE
Service
(i) Copies
(Standard size
paper up to 81⁄2 x
14).
(ii) Search and Review
(A) Managerial .......
(B) Professional .....
(C) Clerical ............
(iii) Other
(A) Microfiche ........
(B) Computer and
magnetic tapes.
(C) Computer diskettes.
(D) Other services
(computer time,
special mailing).
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Rate
$0.13 per page.
$13.15 per 1⁄4 hour;
$52.60 per hour.
$9.05 per 1⁄4 hour;
$36.20 per hour.
$5.20 per 1⁄4 hour;
$20.80 per hour.
$0.08 per page.
$25.00 each.
$1.25 each.
Actual Cost.
Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / Rules and Regulations
(2) Fees will not be charged if the total
amount to process your request is
$30.00 or less.
(b) Criteria for estimating cost of
computerized records:
(1) Costs for processing a data request
will be calculated using the full cost
method as referenced in § 204.5.
(2) Itemized listing of operations
required to process the job will be
maintained (i.e., time for central
processing unit, input/output remote
terminal, storage, plotters, printing,
tape/disk mounting, etc.) with
associated costs.
(3) Mailing costs for services (DHL,
Express Mail, etc.) when request
specifically specifies a means more
expensive than first class mail.
Dated: April 24, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–9377 Filed 4–30–08; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0532–200810, FRL–
8560–2]
Approval and Promulgation of
Implementation Plans; Alabama
Prevention of Significant Deterioration
and Nonattainment New Source
Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: EPA is taking final action to
approve revisions to the Alabama State
Implementation Plan (SIP) submitted by
the State of Alabama on June 16, 2006.
The SIP revisions modify Alabama’s
Prevention of Significant Deterioration
(PSD regulations in the Alabama SIP to
address changes to the federal New
Source Review (NSR) regulations, which
were promulgated by EPA on December
31, 2002, and reconsidered with minor
changes on November 7, 2003
(commonly referred to as the ‘‘2002 NSR
Reform Rules’’). EPA proposed approval
of these revisions on January 24, 2008;
no comments were received on that
proposal. The revisions include
provisions for baseline emissions
calculations, an actual-to-projectedactual methodology for calculating
emissions changes, options for
plantwide applicability limits, and
recordkeeping and reporting
requirements.
VerDate Aug<31>2005
15:05 Apr 30, 2008
Jkt 214001
Effective Date: This rule will be
effective June 2, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2007–0532. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Alabama State
Implementation Plan, contact Ms. Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9042.
Ms. Harder can also be reached via
electronic mail at harder.stacy@epa.gov.
For information regarding New Source
Review, contact Ms. Gracy R. Danois,
Air Permits Section, at the same address
above. The telephone number is (404)
562–9119. Ms. Danois can also be
reached via electronic mail at
danois.gracy@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is taking final action to approve
revisions to the Alabama SIP, which
includes changes to Alabama’s NSR
program. On June 16, 2006, the State of
Alabama, through the Alabama
Department of Environmental
Management (ADEM) submitted
revisions to the Alabama SIP.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
23957
Specifically, the SIP revisions include
changes to ADEM Administrative Code
(AAC) Division 3 (Air Division), Chapter
14, entitled ‘‘Air Permits.’’ ADEM
submitted these revisions in response to
EPA’s December 31, 2002, revisions to
the federal NSR program. EPA is now
approving these SIP revisions with the
exception of the requirements found in
Rule 335–3–14–.04(2)(w)1, the portion
of the definition of ‘‘significant’’ that
establishes a significance threshold of
100 tons for all NSR regulated
pollutants for which there is not a listed
significant amount. On December 3,
2007, Alabama requested this portion of
the definition not be approved in to the
SIP. Notably, the June 16, 2006,
submittal also addressed the Clean Air
Interstate Rule which EPA has already
addressed in a separate action (October
1, 2007, 72 FR 55659).
On January 24, 2008 (73 FR 4133),
EPA published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to approve the
Alabama SIP revisions regarding its NSR
program. The January 24, 2008, NPR
provides additional information about
the proposed Alabama SIP revisions and
the rationale for this final action. The
public comment period for the proposed
action ended on February 25, 2008. No
comments were received on EPA’s
proposed action. EPA is now taking
final action to approve the SIP revisions
submitted by ADEM on June 16, 2006.
II. What Is the Background for This
Action?
On December 31, 2002 (67 FR 80186),
EPA published final rule changes to 40
Code of Federal Regulations (CFR) parts
51 and 52, regarding the Clean Air Act
(CAA), PSD and NNSR programs. On
November 7, 2003 (68 FR 63021), EPA
published a notice of final action on its
reconsideration of the 2002 rules. On
June 13, 2007 (72 FR 32526), EPA took
final action to revise the 2002 NSR
Reform Rules to exclude the clean units
and Pollution Control Project (PCP)
provisions that were vacated by the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
Circuit Court) on June 24, 2005. The
purpose of this action regarding the
Alabama SIP is to approve the SIP
submittal from the State of Alabama
incorporating rule changes consistent
with EPA’s 2002 NSR Reform Rules.
The June 24, 2005, DC Circuit Court
decision also involved a remand of the
recordkeeping provisions of the 2002
NSR Reform Rules. On December 14,
2007, EPA issued a final rulemaking in
response to the DC Circuit’s remand
establishing that ‘‘reasonable
possibility’’ applies where source
E:\FR\FM\01MYR1.SGM
01MYR1
]]>Agencies
[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Rules and Regulations]
[Pages 23953-23957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9377]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 204
[DoD-2006-OS-0005]
RIN 0790-AH93
User Fees
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is revising 32 CFR Part 204 to
better align it with Office of Management and Budget (OMB) Circular A-
25, ``User Charges.'' This part provides guidelines to establish
appropriate fees for authorized services supplied by Department of
Defense organizations when such services provide special benefits to an
identifiable recipient beyond those that accrue to the general public.
DATES: Effective Date: This rule is effective May 1, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Elaine Carpenter-Schmied, 703-697-
0859.
SUPPLEMENTARY INFORMATION: On January 26, 2006 (71 FR 4332), the
Department of Defense published a proposed rule on user charges with a
comment period ending May 11, 2006. Comments included updating sited
directives, spelling out acronyms, and inserting punctuation. All
relevant comments were accepted. However, the revision did not include
a schedule of fees and rates because DoD Components were responsible
for computing user fees. With the exclusion of the fee and rate
schedule proposed rule 32 CFR Part 204 no longer had an impact on the
public. Upon further review and discussions between White House
Services and the Government Accountability Office, it was determined
fees should be based on full cost or market price and the rule should
specify the principles used to compute these values. The revision was
completed in October 2007.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR Part 204 is a significant
regulatory action. The rule has an annual effect to the economy of over
$100 million.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any 1 year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 204 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The rule being promulgated provides guidelines to
establish appropriate fees for authorized services supplied by
Department of Defense organizations when such services provide special
benefits to an identifiable recipient beyond those that accrue to the
general public.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 204 does not impose any
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
[[Page 23954]]
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 204
Accounting, Armed forces, Government property.
0
Accordingly, 32 CFR part 204 is revised to read as follows:
PART 204--USER FEES
Sec.
204.1 Purpose.
204.2 Applicability.
204.3 Policy and procedures.
204.4 Responsibilities.
204.5 Fees.
204.6 Collections.
204.7 Legislative proposals.
204.8 Benefits for which no fee shall be assessed.
204.9 Schedule of fees and rates.
Authority: 31 U.S.C. 9701.
Sec. 204.1 Purpose.
This part implements the DoD program under Title 31, United States
Code, section 9701 and OMB Circular No. A-25, ``User Charges,'' to
establish appropriate fees for authorized services supplied by DoD
organizations.
Sec. 204.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Chairman of the Joint Chiefs of Staff, the
Combatant Commands, and the Defense Agencies (hereafter referred to
collectively as ``DoD Components''). None of the provisions in this
part should be construed as giving authority for the sale or lease of
property, or the rendering of special services. Actions to convey such
special benefits must be authorized by separate authority. This user
fee policy is applicable except when other statutes or directives
specifically direct other practices or procedures.
Sec. 204.3 Policy and procedures.
(a) General. It is DoD policy not to compete unfairly with
available commercial facilities in providing special services or in the
sale or lease of property to private parties and agencies outside the
Federal Government. However, when a service (or privilege) provides
special benefits to an identifiable recipient, beyond those that accrue
to the general public, a fee shall be imposed to recover the full cost
to the Federal Government for providing the special benefit (or the
market price) except as otherwise approved by the Under Secretary of
Defense (Comptroller) (USD(C)) and authorized by the Director of OMB. A
special benefit will be considered to accrue, and a user fee shall be
imposed, when a Government service:
(1) Enables the beneficiary to obtain more immediate or substantial
gain or values (which may or may not be measurable in monetary terms)
than those which accrue to the general public (e.g., receiving a
patent, insurance, or guarantee provision, or a license to carry on a
specific activity or business or various kinds of public land use); or
(2) Provides business stability or contributes to public confidence
in the business activity of the beneficiary (e.g., insuring deposits in
commercial banks), or
(3) Is performed at the request of or for the convenience of the
recipient, and is beyond the services regularly received by other
members of the same industry or group or by the general public (e.g.,
receiving a passport, visa, airman's certificate, or a Custom's
inspection after regular duty hours).
(b) Costing. (1) Except as provided in Sec. 204.3(c) and Sec.
204.8, a user fee shall be imposed to recover the full cost to the
Federal Government of providing the service, resource, or good when the
Government is acting in its capacity as sovereign.
(2) User fees shall be based on market prices (as defined in Sec.
204.5(a)(4)) when the Government is not acting in its capacity as
sovereign and is leasing or selling goods or resources, or is providing
a service (e.g., leasing space in federally owned buildings). Under
these business-type conditions, user fees need not be limited to the
recovery of full cost and may yield net revenues.
(3) User fees will be collected in advance of, or simultaneously
with, the rendering of services unless appropriations and authority are
provided in advance to allow reimbursable services.
(4) Whenever possible, fees should be set as rates rather than
fixed dollar amounts in order to adjust for changes in costs to the
Government or changes in market prices of the good, resource, or
service provided.
(c) Exclusions. (1) The provisions of this part do not apply when
other statutes or DoD issuances require different practices or
procedures, such as for:
(i) Morale, welfare, and recreation services to military personnel
and civilian employees of the Department of Defense and other services
provided according to Sec. 204.8.
(ii) Sale or disposal of surplus property under approved programs
(Chapter 5 of DoD 7000.14-R.)\1\
---------------------------------------------------------------------------
\1\ Copies of unclassified DoD issuances may be obtained at
https://www.dtic.mil/whs/directives/.
---------------------------------------------------------------------------
(iii) Services furnished the general public relating to, or in
furtherance of, the Armed Forces recruiting program.
(iv) Services furnished to representatives of the public
information media in the interest of public understanding of the Armed
Forces.
(v) Armed Forces participation in public events. Fees for such
participation are governed by the provisions of DoD Instruction
5410.19.
(vi) Records made available to the public, under the Freedom of
Information Act, pursuant to 32 CFR part 285. Fees for such record
searches and copies of records are governed by 32 CFR part 286.
(vii) Services furnished to non-Federal audio-visual media. Fees
for such services are governed by the provisions of DoD Instruction
5410.15.
(viii) Government-developed computer programs released to non-
Federal customers. Fees for software packages are governed by DoD
Instruction 7930.2.
(ix) Pricing of performance by DoD Working Capital Fund activities
shall be according to Volume 11B of DoD 7000.14-R.
(x) Foreign Military Sales of Defense articles and services shall
be according to Volume 15 of DoD 7000.14-R.
(xi) Records made available to Privacy Act requesters shall be
according to 32 CFR part 310.
(2) User fees may be waived by the Head of a DoD Component when:
(i) Furnishing of their service without fee is an appropriate
courtesy to a foreign government or international organization, or
comparable fees are set on a reciprocal basis with a foreign country.
(ii) The Director of the OMB has approved a request for an
exception. Such exceptions may be recommended when:
(A) The cost of collecting the fees would represent an unduly large
part of the receipts from the activity; or
(B) Any other conditions exists that, in the opinion of the Head of
the DoD Component or his designee, justifies the exception.
[[Page 23955]]
Sec. 204.4 Responsibilities.
(a) The USD(C) shall develop and monitor policies governing user
fees.
(b) The Heads of the DoD Components, or designees, shall:
(1) Identify each service or activity that may properly be the
subject of a user fee under this part.
(2) Determine the extent of the special benefit provided.
(3) Apply the principles specified in Sec. 204.5(a) in determining
full cost or market price.
(4) Review the user fees biennially, to include:
(i) Assurance that existing fees are adjusted to reflect
unanticipated changes in costs or market values; and
(ii) A review of all other programs to determine whether fees
should be assessed for Government services or the user of Government
goods or services. DoD Components should discuss the results of the
biennial review of user fees and any resultant proposals in the Chief
Financial Officers Annual Report required by the Chief Financial
Officers Act of 1990.
(5) Initiate exception actions outlined in Sec. 204.3(c)(2). All
such actions shall be coordinated with the USD(C) prior to forwarding
to the OMB.
(i) Exceptions granted under Sec. 204.3(c)(2)(i) shall be renewed
every 4 years to ensure conditions warrant their continuation.
(ii) Exceptions granted under Sec. 204.3(c)(2)(ii) shall be
resubmitted for approval to the OMB every 4 years when conditions
warrant their continuation.
(6) Maintain readily accessible records of:
(i) The services or activities covered by this part.
(ii) The extent of special services provided.
(iii) The exceptions to the general policy of this part.
(iv) The information used to establish fees and the specific
methods used in their determination.
(v) The collections from each user fee imposed.
(7) Maintain adequate records of the information used to establish
fees and provide them upon request to OMB for the evaluation of the
schedules and provide data on user fees to OMB according to the
requirements in Circular No. A-11.
(8) Develop legislative proposals as outlined in Sec. 204.7 when
there are statutory prohibitions or limitations on the assessment of
user fees.
Sec. 204.5 Fees.
(a) General. (1) All fees shall be based on full cost to the U.S.
Government or market price, whichever applies.
(2) ``Full cost'' includes all direct and indirect costs associated
with providing a good, resource, or service. These costs are outlined
in Volume 11A, Chapter 1, paragraph 010203 of DoD 7000.14-R.
(3) Full cost shall be determined or estimated from the best
available records, and new cost accounting systems shall not be
established solely for this purpose.
(4) ``Market price'' means the price for a good, resource, or
service that is based on competition in open markets, and creates
neither a shortage nor a surplus of the good, resource, or service.
(i) When a substantial competitive demand exists for a good,
resource, or service, its market price will be determined using
commercial practices, for example:
(A) By competitive bidding; or
(B) By reference to prevailing prices in competitive markets for
goods, resources, or services that are the same or similar to those
provided by the Government (e.g., campsites or grazing lands in the
general vicinity of private ones) with adjustments as appropriate that
reflect demand, level of service, and quality of the good or service.
(ii) In the absence of substantial competitive demand, market price
will be determined by taking into account the prevailing prices for
goods, resources, or services that are the same or substantially
similar to those provided by the Government, and then adjusting the
supply made available and/or price of the good, resource, or service so
that there will be neither a shortage nor a surplus (e.g., campsites in
remote areas).
(5) Fees established in advance of performance shall be based on
the estimated cost of performance. Projected amounts shall be reviewed
biennially or whenever significant changes in cost or value occur.
(6) Management controls (see DoD Instruction 5010.40) must be
established to ensure fees are developed and adjusted, using current,
accurate, and complete data, to provide reimbursement conforming to
statutory requirements. These controls also must ensure compliance with
cash management and debt collection policies according to Volume 5 of
DoD 7000.14-R.
(b) Information resources. The fees for services provided by data
processing activities shall be determined by using the costs
accumulated pursuant to requirements in OMB Circular A-130,
``Management of Federal Information Resources.''
(c) User fees for recurring services shall be established in
advance, when feasible. The benefit of charging user fees must outweigh
the cost of collecting the fees charged.
(d) Lease or sale of property. Fees for lease or sale of property
shall be based on the following:
(1) Leases of military equipment or real estate. (i) In cases
involving the lease or rental of military equipment, when there is no
commercial counterpart, the fee will be based on the procedures
provided in Volume 11A, Chapter 1, paragraph 010203.I of DoD 7000.14-R.
The current interest rate in OMB Circular A-94 will be used in the
computation of interest on investment in assets. In determining the
value, consideration may be given to the responsibility of the lessee
to assume the risk of loss or damage to the property and to hold the
government harmless against claims or liabilities by the lessee or
third parties.
(ii) In cases involving real estate outgrants, the consideration
for a lease shall be determined by appraisal of fair market rental
value according to 10 U.S.C. 2667.
(2) Sale of property. When there is legal authority to sell
property to the public, the selling price of the property and related
accessorial and administrative costs shall be computed according to
Volume 11A, Chapter 1 of DoD 7000.14-R.
Sec. 204.6 Collections.
(a) Collections of fees will be made in advance or simultaneously
with the rendering of service unless appropriations and authority allow
otherwise. The policies in this part, Volume 5 of DoD 7000.14-R, and
DoD Instruction 5010.40, shall be used in accounting, controlling, and
managing cash and debt collections.
(b) Unless a statute provides otherwise, user fee collections will
be credited to the general fund of the Treasury as miscellaneous
receipts, as required by 31 U.S.C. 3302.
Sec. 204.7 Legislative proposals.
(a) Legislative proposals that allow the DoD Component to retain
collections may be appropriate when a fee is levied in order to finance
a service intended to be provided on a substantially self-sustaining
basis and thus is dependent upon adequate collections.
(1) The authority to use fees credited to an appropriation is
generally subject to limits set in annual appropriations language.
However, it may be appropriate to request exemption from annual
appropriations control, if a provision of the service is dependent on
demand that is irregular or unpredictable (e.g., a fee to reimburse an
[[Page 23956]]
agency for the cost of overtime pay of inspectors for services
performed after regular duty hours).
(2) Legislative proposals that permit fees to be credited to
accounts shall be consistent with the full-cost recovery guidelines
contained in this part. Any fees in excess of full cost recovery and
any increase in fees to recover the portion of retirement costs which
recoups all (funded or unfunded) accrual costs not covered by employee
contributions are to be credited to the general fund of the Treasury as
miscellaneous receipts.
(b) Where the retention of the collection is appropriate, the DoD
Components(s) concerned may submit legislative proposals under
applicable legislative procedures included in OMB Circular A-19. These
procedures may be obtained from the Office of Legislative Counsel,
General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600.
Proposals to remove user fee restrictions or retain collections shall:
(1) Define in general terms the services for which fees will be
assessed and the pricing mechanism that will be used.
(2) Specify whether fees will be collected in advance of, or
simultaneously with, the provision of service unless appropriations and
authority are provided in advance to allow reimbursable services.
(3) Specify where collections will be credited. Legislative
proposals should not normally specify precise fees. The user fee
schedule should be set by regulation to allow for the administrative
updating of fees to reflect changing costs and market values.
Sec. 204.8 Benefits for which no fee shall be assessed.
(a) Documents and information requested by members of the Armed
Forces is required by such personnel in their capacity as Service
members.
(b) Documents and information requested by members of the Armed
Forces who are in a casualty status, or requested by their next of kin
or legal representative.
(c) The provisions of the address of record of a member or former
member of the Armed Forces when the address is readily available
through a directory (locator) service, and when the address is
requested by a member of the Armed Forces or by a relative or a legal
representative of a member of the Armed Forces, or when the address of
record is requested by any source for the purpose of paying monies or
forwarding property to a member or former member of the Armed Forces.
(d) Services requested by, or on behalf of, a member or former
member of the Armed Forces and civilian personnel of the Department of
Defense (where applicable) or, if deceased, his or her next of kin or
legal representative that pertain to the provision of:
(1) Information required to obtain financial benefits regardless of
the terms of separation from the Service.
(2) Document showing membership and military record in the Armed
Forces if discharge or release was under honorable conditions, except
as shown in paragraphs (d)(1) and (d)(4) of this section.
(3) Information relating to a decoration or award or required for
memoralization purposes.
(4) Information relating to the review or change in type of
discharge or correction of records.
(5) Personal documents, such as birth certificates, when such
documents are required to be furnished by the member.
(6) Services furnished free according to statutes or Executive
Orders.
(7) Information from or copies of medical and dental records or x-
ray films of patients or former patients of military medical or dental
facilities, when such information is required for further medical or
dental care, and requests for such data are submitted by an accredited
medical facility, physician, or dentist, or requested by the patient,
his or her next of kin, or legal representative. Other requests subject
to the Privacy Act shall be according to 32 CFR part 310 (see Sec.
204.3(c)(1)(xi) of this part).
(8) Services requested by, and furnished to, a member of Congress
for official use.
(9) Services requested by state, territorial, county, or municipal
government, or an agency thereof, that is performing a function related
to or furthering a DoD objective.
(10) Services requested by a court, when such services will serve
as a substitute for personal court appearance of a military or civilian
employee of the Department of Defense.
(11) Services requested by a nonprofit organization that is
performing a function related to or furthering an objective of the
Federal Government or is in the interest of public health and welfare,
including education.
(12) Services requested by donors in connection with the conveyance
or transfer of a gift to the Department of Defense.
(13) Occasional and incidental services (including requests from
residents of foreign countries), not requested often, when it is
determined administratively that a fee would be inappropriate for the
occasional and incidental services rendered.
(14) Administrative services offered by reference or reading rooms
to inspect public records, excluding copies of records or documents
furnished.
(15) Services rendered in response to requests for classification
review of DoD classified records, submitted under Executive Order
12065, ``National Security Information,'' and implemented by DoD
5200.1-R. Such services consist of the work performed in conducting the
classification review or in granting and completing an appeal from a
denial of declassification following such review.
(16) Services of a humanitarian nature performed in such emergency
situations as life-saving transportation for non-Armed Forces patients,
search and rescue operations, and airlift of personnel and supplies to
a disaster site. This does not mean that inter- and intra-governmental
agreements to recover all or part of costs shall not be negotiated.
Rather, it means the recipients or beneficiary will not be assessed a
``user fee''.
Sec. 204.9 Schedule of fees and rates.
(a) Schedule of fees and rates. (1) This schedule applies to
authorized services related to copying, certifying, and searching
records rendered to the public by DoD Components, except when those
services are excluded or excepted from charges under Sec. 204.3(c) or
the ``Benefits for Which No Fee Shall Be Assessed'' included in Volume
11A, Chapter 4, Appendix 1 of DoD 7000.14-R. All other fees will be
based on full cost or market price.
Fee Schedule
------------------------------------------------------------------------
Service Rate
------------------------------------------------------------------------
(i) Copies
(Standard size paper up to 8\1/2\ x 14). $0.13 per page.
(ii) Search and Review
(A) Managerial.......................... $13.15 per \1/4\ hour;
$52.60 per hour.
(B) Professional........................ $9.05 per \1/4\ hour; $36.20
per hour.
(C) Clerical............................ $5.20 per \1/4\ hour; $20.80
per hour.
(iii) Other
(A) Microfiche.......................... $0.08 per page.
(B) Computer and magnetic tapes......... $25.00 each.
(C) Computer diskettes.................. $1.25 each.
(D) Other services (computer time, Actual Cost.
special mailing).
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[[Page 23957]]
(2) Fees will not be charged if the total amount to process your
request is $30.00 or less.
(b) Criteria for estimating cost of computerized records:
(1) Costs for processing a data request will be calculated using
the full cost method as referenced in Sec. 204.5.
(2) Itemized listing of operations required to process the job will
be maintained (i.e., time for central processing unit, input/output
remote terminal, storage, plotters, printing, tape/disk mounting, etc.)
with associated costs.
(3) Mailing costs for services (DHL, Express Mail, etc.) when
request specifically specifies a means more expensive than first class
mail.
Dated: April 24, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E8-9377 Filed 4-30-08; 8:45 am]
BILLING CODE 5001-06-P
