Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) DA 02-0901

Amendment to the Fee )

Schedule for the Processing )

of Requests for Agency Records )

Pursuant to the Freedom )

of Information Act )

**ORDER**

**Adopted: August 13, 2002 Released**: **September 6, 2002**

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).[^1] In 1987, OMB issued its Uniform
    Freedom of Information Act Fee Schedule and Guidelines.[^2] However,
    because the FOIA requires that each agency\'s fees be based upon the
    direct cost incurred by the agency in providing FOIA services,[^3]
    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 20 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]{.underline} 47 CFR
    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 CFR Section 0.467,[^4] 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 CFR 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 CFR Section 0.231 (b), IT IS HEREBY
    ORDERED, that, effective upon publication in the [Federal
    Register]{.underline}, the Fee Schedule contained in Section 0.467
    of the Commission\'s rules, 47 CFR 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 10.72

GS-2 11.66

GS-3 13.15

GS-4 14.76

GS-5 16.51

GS-6 18.41

GS-7 20.46

GS-8 22.66

GS-9 25.03

GS-10 27.56

GS-11 30.28

GS-12 36.29

GS-13 43.15

GS-14 51.00

GS-15 59.99

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
2002 and include 20 percent for personnel benefits.

\* \* \* \* \*

**6712-01**

**FEDERAL COMMUNICATION COMMISSION**

**47 CFR PART 0**

**\[DA 02-0901\]**

**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 the Commission\'s
rules, unless such fees are restricted or waived. The fees are being
revised to correspond to modifications in the rate of pay approved by
Congress.

**Dates: Effective** \[Insert date of publication in the Federal
Register\].

**FOR FURTHER INFORMATION:** Shoko B. Hair, Freedom of Information Act
Officer, Office of Performance Evaluation and Records Management, Room
5-C406, Federal Communications Commission, 445 12^TH^ Street, S.W.,
Washington, DC 20554, (202) 418-1379 or via Internet at shair@fcc.gov.

**SUPPLEMENTARY INFORMATION:**

The Federal Communications Commission 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 (including 20
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 CFR
Section 0.467(a)(1) note.

In an Order adopted on August 13, 2002 and released on September 6,
2002(DA-02-0901), the Managing Director revised the schedule of fees set
forth in 47 CFR 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 CFR Sections 0.460,
0.461. The revisions correspond to modifications in the rate of pay,
which was approved by Congress.

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.

Accordingly, pursuant to the authority contained in Section 0.231(b) of
the Commission\'s rules, 47 CFR Section 0.231 (b), IT IS HEREBY ORDERED,
that, effective on \[**insert date of publication in the [Federal
Register]{.underline}**\],the Fee Schedule contained in Section 0.467 of
the Commission\'s rules, 47 CFR Section 0.467, is amended, as described
herein.

List of Subjects in 47 CFR Part 0

Freedom of information.

FEDERAL COMMUNICATIONS COMMISSION

Marlene Dortch,

Secretary

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 (a)(1) is amended by revising the last

    sentence, the table in paragraph (a)(1) and its note, and

    paragraph (a)(2) to read as follows:

§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 10.72

GS-2 11.66

GS-3 13.15

GS-4 14.76

GS-5 16.51

GS-6 18.41

GS-7 20.46

GS-8 22.66

GS-9 25.03

GS-10 27.56

GS-11 30.28

GS-12 36.29

GS-13 43.15

GS-14 51.00

GS-15 59.99

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 2002 and include 20 percent for personnel benefits.

\* \* \* \* \*

[^1]:
    > 5 U.S.C. Section 552(a)(4)(A)(i).

[^2]:
    > 52 FR 10012 (March 27, 1987).

[^3]:
    > 5 U.S.C. Section 552(a)(4)(A)(iv).

[^4]:
    > These fees may be restricted or waived in accordance with 5 U.S.C.
    > Section 552(a)(4)(A); 47 CFR Section 0.470.