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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. **************************************************** ************* Before the Federal Communications Commission Washington, D.C. 20554 corrected copy In the Matter of ) DA 99-823 Amendment to the Fee ) Schedule for the Processing ) of Requests for Agency Records ) Pursuant to the Freedom ) of Information Act ) ORDER Adopted: April 30, 1999 Released: May 7, 1999 By the Managing Director: 1. The Freedom of Information Act (FOIA) requires federal agencies to establish a schedule of fees for the processing of requests for agency records in accordance with fee guidance issued by the Office of Management and Budget (OMB). In 1987, OMB issued its Uniform Freedom of Information Act Fee Schedule and Guidelines. However, because the FOIA requires that each agency's fees be based upon the direct cost incurred by the agency in providing FOIA services, OMB did not provide a unitary, government-wide schedule of fees. 2. The Commission based its FOIA fee schedule on the grade level of the employee who processes the request. Thus, the fee schedule was computed at a Step 5 of each grade level, based on the General Schedule effective January 1987 (including 16 percent for personnel benefits). The Commission's rules provide that the fee schedule will be modified periodically to correspond with modifications in the rate of pay approved by Congress. See 47 C.F.R. Section 0.467 (a)(1) note. 3. By this order, the Commission is revising the schedule of fees set forth in Section 0.467 of its rules, 47 C.F.R. Section 0.467, for the recovery of the full, allowable direct costs of searching for and reviewing agency records requested pursuant to the FOIA and the Commission's rules, 47 C.F.R. Sections 0.460, 0.461. The revisions correspond to modifications in the rate of pay which was approved by Congress. 4. These modifications to the fee schedule do not require notice and comment because they merely update the Fee Schedule to correspond to modifications in rates of pay, as required under the current rules. 5. Accordingly, pursuant to the authority contained in Section 0.231(b) of the Commission's rules, 47 C.F.R. Section 0.231 (b),IT IS HEREBY ORDERED, that, effective immediately, the fee schedule contained in Section 0.467 of the Commission's Rules, 47 C.F.R. Section 0.467, is amended, as described herein. Federal Communications Commission Andrew S. Fishel Managing Director AMENDATORY TEXT Part 0 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended to read as follows: Part 0 - COMMISSION ORGANIZATION 1. The authority citation for Part 0 will read as follows: AUTHORITY: 47 U.S.C. Section 155, unless otherwise noted. 2. Section 0.467 is amended by revising paragraph (a) to read as follows: * * * * * Section 0.467 Search and review fees. (a)(1) * * * The fee is based on the grade level of the employee(s) who conduct(s) the search or review, as specified in the following schedule: Hourly Grade fee GS-1 9.40 GS-2 10.22 GS-3 11.52 GS-4 12.94 GS-5 14.47 GS-6 16.13 GS-7 17.93 GS-8 19.85 GS-9 21.92 GS-10 24.14 GS-11 26.53 GS-12 29.80 GS-13 37.81 GS-14 44.69 GS-15 52.56 Note: These fees will be modified periodically to correspond with modifications in the rate of pay approved by Congress. (2) The fees in paragraph (a)(1) of this section were computed at Step 5 of each grade level based on the General Schedule effective January 1999 and include 20 percent for personnel benefits. * * * * * 3 6712-01 FEDERAL COMMUNICATION COMMISSION 47 CFR PART 0 [DA 98-53] Freedom of Information Act AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Federal Communications Commission is modifying a section of the Commission's Rules that implements the Freedom of Information Act (FOIA) fee schedule. This modification pertains to the charge for recovery of the full, allowable direct costs of searching for and reviewing records requested under the FOIA and  0.460(e) or  0.461 of the Commission's rules, unless such fees are restricted or waived in accordance with  0.470. The fees are being revised to correspond to modifications in the rate of pay approved by Congress. EFFECTIVE DATE: [insert date 30 days after publication in the Federal Register]. FOR FURTHER INFORMATION: Judy Boley, Freedom of Information Act Officer, Office of Performance Evaluation and Records Management, Room 234, Federal Communications Commission, 1919 M Street, N. W., Washington, D. C. 20554, (202) 418-0210 or via Internet at jboley@fcc.gov. SUPPLEMENTARY INFORMATION: The FCC is modifying  0.467(a) of the Commission's Rules. This rule pertains to the charges for searching and reviewing records requested under the FOIA. The FOIA requires federal agencies to establish a schedule of fees for the processing of requests for agency records in accordance with fee guidelines issued by the Office of Management and Budget (OMB). In 1987, OMB issued its Uniform Freedom of Information Act Fee Schedule and Guidelines. However, because the FOIA requires that each agency's fees be based upon its direct costs of providing FOIA services, OMB did not provide a unitary, government-wide schedule of fees. The Commission based its FOIA fee schedule on the grade level of the employee who processes the request. Thus, the fee schedule was computed at a Step 5 of each grade level based on the General Schedule effected January 1987. The instant revisions correspond to modifications in the rate of pay recently approved by Congress. 2 Regulatory Procedures This proposed rule has been reviewed under Executive Order No. 12866 and has been determined not to be a "significant rule" since it will not have an annual effect on the economy of $100 million or more. In addition, it has been determined that this proposed rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 47 CFR Part 0 Freedom of information. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas, Secretary. 3 Rule Changes Part 0 of title 47 of the Code of Federal Regulations is amended as follows: Part 0 - COMMISSION ORGANIZATION 1. The authority citation for part 0 continues to read as follows: Authority: 47 U.S.C. 155, unless otherwise noted. 2. Section 0.467 is amended by revising the table in paragraph (a)(1) and its note, and paragraph (a)(2) to read as follows: Sec. 0.467 Search and review fees. (a)(1) * * * Hourly Grade fee GS-1 9.06 GS-2 9.86 GS-3 11.11 GS-4 12.48 GS-5 13.96 GS-6 15.56 GS-7 17.29 GS-8 19.15 GS-9 21.16 GS-10 23.29 GS-11 25.58 GS-12 30.67 4 GS-13 36.47 GS-14 43.10 GS-15 50.70 Note: These fees will be modified periodically to correspond with modifications in the rate of pay approved by Congress. (2) The fees in paragraph (a) (1) of this section were computed at step 5 of each grade level based on the General Schedule effective January 1998 and include 20 percent for personnel benefits. * * * * * 5