Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 78249 

§ 575.207 Agency relocation incentive plan 

and approval levels. 

(a) * * * 

(1) The designation of officials with 

authority to— 

(i) Review and approve payment of 

relocation incentives (subject to 

paragraph (b) of this section); 

(ii) Waive the relocation incentive 

payment limitation under § 575.209(c) 

(subject to the approval requirements in 

paragraph (b) of this section); and 

(iii) Waive the repayment of a 

relocation incentive under § 575.211(h); 

* * * * * 

(b) (1) Except as provided in 

paragraph (b)(2) of this section, an 

authorized agency official who is at 

least one level higher than the 

employee’s supervisor must review and 

approve each determination to pay a 

relocation incentive, unless there is no 

official at a higher level in the agency. 

If a determination includes a waiver of 

the payment limitation in § 575.209(c), 

the official who is designated in the 

agency’s plan under § 575.207(a) to 

approve waivers must approve the 

determination. The authorized agency 

official must review and approve the 

relocation incentive determination 

before the agency pays the incentive to 

the employee. 

* * * * * 

■ 10. In § 575.209, revise paragraph (c) 

to read as follows: 

§ 575.209 Payment of relocation 

incentives. 

* * * * * 

(c) (1) An authorized agency official 

may waive the limitation in paragraph 

(b)(1) of this section for an employee (or 

group of employees, if the case-by-case 

determination is waived under the 

conditions in § 575.208(b)) based on a 

critical agency need. The authorized 

agency official must determine that the 

competencies required for the position 

are critical to the successful 

accomplishment of an important agency 

mission, project, or initiative (e.g., 

programs or projects related to a 

national emergency or implementing a 

new law or critical management 

initiative). Under such a waiver, the 

total amount of relocation incentive 

payments paid to an employee in a 

service period may not exceed 50 

percent of the annual rate of basic pay 

of the employee at the beginning of the 

service period multiplied by the number 

of years (including fractions of a year) 

in the service period. However, in no 

event may a waiver provide total 

relocation incentive payments 

exceeding 100 percent of the employee’s 

annual rate of basic pay at the beginning 

of the service period. 

(2) Waiver determinations must be in 

writing and include— 

(i) A description of the critical agency 

need the relocation incentive would 

address; 

(ii) The documentation required by 

§ 575.208; 

and 

(iii) Any other information pertinent 

to the case at hand. 

* * * * * 

■ 11. In § 575.210, revise paragraph (f) 

to read as follows: 

§ 575.210 Service agreement 

requirements. 

* * * * * 

(f) The service agreement may include 

any other terms or conditions that, if 

violated, will result in termination of 

the service agreement. For example, the 

service agreement may specify the 

employee’s work schedule, type of 

position, and the duties the employee is 

expected to perform. In addition, the 

service agreement may address the 

extent to which periods of time on 

detail, in a nonpay status, or in a paid 

leave status are creditable towards the 

completion of the service period. 

■ 12. In § 575.211, revise paragraphs (e) 

and (f) to read as follows: 

§ 575.211 Termination of a service 

agreement. 

* * * * * 

(e) If an authorized agency official 

terminates a service agreement under 

paragraph (a) of this section, the 

employee is entitled to all relocation 

incentive payments attributable to 

completed service and to retain any 

portion of a relocation incentive 

payment the employee received that is 

attributable to uncompleted service. 

(f) If an authorized agency official 

terminates a service agreement under 

paragraph (b) of this section, the 

employee is entitled to retain relocation 

incentive payments previously paid by 

the agency that are attributable to the 

completed portion of the service period. 

If the employee received relocation 

incentive payments that are less than 

the amount that would be attributable to 

the completed portion of the service 

period, the agency is not obligated to 

pay the employee the amount 

attributable to completed service, unless 

the agency agreed to such payment 

under the terms of the relocation 

incentive service agreement. If the 

employee received relocation incentive 

payments in excess of the amount that 

would be attributable to the completed 

portion of the service period, the 

employee must repay the excess 

amount, except when an authorized 

agency official waives the requirement 

to repay the excess amount under 

paragraph (h) of this section. 

* * * * * 

[FR Doc. 2023–25199 Filed 11–14–23; 8:45 am] 

BILLING CODE 6325–39–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1703 

[Docket No. DNFSB–2024–01] 

Freedom of Information Act Fee 

Schedule 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (DNFSB or 

Board) is proposing to revise its 

Freedom of Information Act (FOIA) fee 

schedule and to make conforming 

amendments to two related provisions 

of its FOIA regulations. 

DATES: To be considered, comments 

must be submitted by December 15, 

2023. 

ADDRESSES: You may submit written 

comments by either of the following 

methods: 

• Email: Send comments to 

comment@dnfsb.gov. Please include 

‘‘FOIA Fee Revision’’ in the subject line 

of your email. 

• Mail or Hand Delivery: Send hard 

copy comments to the Defense Nuclear 

Facilities Safety Board, Attn: General 

Manager, 625 Indiana Avenue NW, 

Suite 700, Washington, DC 20004–2901. 

FOR FURTHER INFORMATION CONTACT: 

Tayrn L. Gude, Director, Division of 

Operational Services, Office of the 

General Manager, Defense Nuclear 

Facilities Safety Board, 625 Indiana 

Avenue NW, Suite 700, Washington, DC 

20004–2901, (202) 694–7000 (Toll Free 

(800) 788–4016). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Freedom of Information Act 

requires Federal agencies to which it 

applies to publish a schedule of the 

costs that they may charge for the 

expenditures incurred in responding to 

requests for their records. Guidelines 

published by the Office of Management 

and Budget assist agencies in meeting 

that requirement and provide a structure 

for its consistent implementation across 

the Executive Branch, 5 U.S.C. 

552(a)(4)(A)(i), and ‘‘Uniform Freedom 

of Information Act Fee Schedules and 

Guidelines,’’ 52 FR 10012 (March 27, 

1987), Revised 85 FR 81955 (Dec. 17, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
78250 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 

2020), respectively. In accordance with 

those authorities, the Board’s FOIA 

regulations require it to publish and 

regularly update a schedule identifying 

the expenditures it might seek to 

recover and the cost associated with 

each request. 10 CFR 1703.107(b)(6). 

Since implementing its FOIA 

program, 56 FR 21261, May 8, 1991, 

DNFSB has calculated the fees charged 

for document search and review time 

based on the average hourly pay rate of 

its employees, plus the average hourly 

projected benefit cost. DNFSB has 

charged the costs of reproducing records 

directly to the requester either at the 

actual cost to the agency, or the amount 

charged by a commercial service. As of 

its most recent update, 80 FR 52174, 

Aug. 28, 2015, DNFSB’s schedule of fees 

is as follows: 

Search or Review Charge: $85.00 per 

hour 

Copy Charge: 

Paper: $.05 per page, if done in-house, 

or generally available commercial 

rate, approximately $0.10 per page 

Electronic Media: $5.00 per electronic 

media 

Audio and Video Cassettes: Actual 

commercial rates 

Duplication CD or DVD: $25.00 for 

each individual DVD; $16.50 for 

each duplicate DVD 

Large Documents, e.g., maps or 

diagrams: Actual commercial rates 

II. Overview of Proposed Rule 

In this action, DNFSB is proposing the 

following changes to the FOIA fee 

schedule: 

1. Incorporating a schedule of fees in 

DNFSB’s FOIA fee regulation (at 10 CFR 

1703.107(b)(6)), rather than publishing 

the fees in a separate, non-codified 

Federal Register publication; 

2. Separating the fee schedule for both 

manual and electronic record searches; 

and 

3. Including the direct cost of 

computer time into the cost of electronic 

record searches; and, 

4. Changing the basis used for 

calculating the cost of the time spent by 

employees searching for and/or 

reviewing records in response to FOIA 

requests. 

Pursuant to this proposal, those costs 

will be calculated using the actual 

salary rate(s) (i.e., basic hourly rate of 

pay plus an additional 16 percent for 

benefit costs) of the employee(s) 

performing the work. DNFSB currently 

uses the average of all employees’ 

hourly pay rates plus average projected 

benefit costs as the basis for determining 

fees. DNFSB finds that the methodology 

should be changed for several reasons. 

First, basing costs on the salary of the 

employee performing the work is more 

precise than basing them on an agencywide average pay rate. Second, basing 

costs on the salary of the employee 

accurately reflects the actual costs 

incurred by the agency in searching for 

and reviewing responsive documents. 

Finally, it will eliminate the need to 

annually republish the FOIA fee 

schedule to account for the changed 

amount of the average employee salary 

resulting from Congressional changes to 

rates of pay, the number of agency 

employees, and their job classifications. 

In this action, DNFSB is also 

announcing a proposal to amend the 

following four subsections of its FOIA 

fee regulation, 10 CFR 1703.107, to 

reflect the agency’s adoption of actual 

salary cost(s) of the employee(s) 

performing document search and review 

activities for calculating response costs 

to be charged to requesters: 

1. § 1703.107(b)(1) ‘‘Direct Costs’’ 

2. § 1703.107(b)(2)(i) ‘‘Fees’’ 

(commercial use requests) 

3. § 1703.107(b)(2)(iii) ‘‘Fees’’ (‘‘other’’ 

requesters) 

4. § 1703.107(b)(6) ‘‘Annual adjustment 

of fees’’ 

II. Regulatory Analysis 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, agencies must 

consider the impact of their rulemakings 

on ‘‘small entities’’ (small businesses, 

small organizations, and local 

governments) when publishing 

regulations subject to the notice and 

comment requirements of the 

Administrative Procedure Act. These 

proposed regulations pertain to the 

Board’s policies and practices for 

processing FOIA requests, and do not 

impose any new requirements on small 

entities. Therefore, no analysis is 

required by the Regulatory Flexibility 

Act. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in aggregate, or by the 

private sector, of $100,000,000 or more 

in any one 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 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, as amended, 5 

U.S.C. 804. This rule will not result in 

an annual effect on the economy of 

$100,000,000 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 foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

This rule contains no new reporting 

or recordkeeping requirements under 

the Paperwork Reduction Act (PRA) of 

1995, 44 U.S.C. 3501 et seq. This update 

to the Board’s FOIA regulations does not 

require or request information from 

members of the public. Therefore, this 

rulemaking is not covered by the 

restrictions of the PRA. 

Executive Order 12988—Civil Justice 

Reform 

These proposed regulations meet the 

applicable standards set forth in 

Executive Order 12988. 

Executive Order 13132—Federalism 

According to Executive Order 13132, 

agencies must state in clear language the 

preemptive effect, if any, of new 

regulations. The amendments to the 

Board’s FOIA regulations affect only 

how the Board responds to requests for 

information and have no effect on 

preemption of State, tribal, or local 

government laws or otherwise have 

federalism implications. 

Congressional Review Act 

This is a rule under the Congressional 

Review Act. The Board will send a copy 

of this rulemaking to Congress and the 

Government Accountability Office 

pursuant to 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 10 CFR Part 1703 

Freedom of Information. 

For the reasons discussed in the 

preamble, the Defense Nuclear Facilities 

Safety Board proposes to amend 10 CFR 

part 1703 as follows: 

■ 1. The authority citation for part 1703 

continues to read: 

Authority: 5 U.S.C. 301, 552; 31 U.S.C. 

9701; 42 U.S.C. 2286b. 

■ 2. Amend § 1703.107 by revising 

paragraphs (b)(1), (b)(2)(i), (ii), (iii), and 

(b)(6) to read as follows: 

§ 1703.107 Fees for record requests. 

* * * * * 

(b) * * * 

(1) * * * 

* * * * * 

Direct costs mean those expenditures 

which DNFSB incurs in search, review, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Proposed Rules 78251 

and duplication, as applicable to 

different categories of requesters, to 

respond to requests under § 1703.105. 

Direct costs include, for example, the 

hourly salary and projected benefits 

costs of agency employees who search 

for, review, or duplicate records in 

response to a request. Overhead 

expenses such as cost of space, and 

heating or lighting the facility in which 

DNFSB records are stored are not 

included in direct costs. 

* * * * * 

(2) Fees. (i) If documents are 

requested for commercial use, DNFSB 

shall charge the hourly salary and 

projected benefits costs of agency 

employees who search for and review 

records in response to a request, and for 

the costs of duplication as set out in 

subsection (b)(6) of this section. 

(ii) If documents are not sought for 

commercial use and the request is made 

by an educational or noncommercial 

scientific institution, whose purpose is 

scholarly or scientific research, or a 

representative of the news media, 

DNFSB’s charges shall be limited to the 

direct costs of duplication as set out in 

subsection (b)(6) of this section. 

(iii) For a request not described in 

paragraphs (b)(2) (i) or (ii) of this 

section, DNFSB shall charge the hourly 

salary and projected benefits costs of the 

agency’s employee(s) who search for 

records in response to a request and the 

direct costs of duplication as set out in 

subsection (b)(6) of this section. There 

shall be no charge for document review 

time, and the first 100 pages of 

reproduction and the first two hours of 

search time will be provided without 

charge. 

* * * * * 

(6) Schedule of Fees. (1) To the extent 

authorized by these regulations, DNFSB 

is authorized to seek the following fees 

to recover costs incurred in responding 

to FOIA requests: 

(i) Document Search Charges 

(A) Manual: Salary rate(s) (basic 

hourly pay plus 16 percent) of 

employee(s) performing records search 

or review. 

(B) Electronic: Salary rate(s) (basic 

hourly pay plus 16 percent) of 

employee(s) performing search or 

review. 

(ii) Document Review Charges: Salary 

rate(s) (basic hourly pay plus 16 

percent) of employee(s) performing 

search or review. 

(2) DNFSB will charge requesters who 

seek records for commercial purposes 

for the cost of reviewing them to 

determine whether they are exempt 

from mandatory disclosure. The agency 

will assess these charges only when the 

records are first analyzed to determine 

the applicability of a specific exemption 

to a record or portion thereof. DNFSB 

will not charge for the review of an 

exemption previously applied at the 

administrative review level. If a record 

or portion thereof was withheld in full 

under an exemption that is 

subsequently found inapplicable, it may 

be reviewed again to determine the 

applicability of other exemptions not 

previously considered. DNFSB may 

charge for the cost of such review. 

(3) Copying Charges 

(i) Paper: $.05 per page, if done inhouse, or generally available 

commercial rate, approximately $0.10 

per page. 

(ii) Electronic Media: Direct cost, 

including operator time (employee’s 

basic hourly pay plus 16 percent). 

(iii) Audio and Video Cassette: Actual 

commercial rates. 

(iv) Duplication of CD or DVD: Direct 

cost, including operator time 

(employee’s basic hourly pay plus 16 

percent). 

(v) Large Documents, e.g., maps or 

diagrams: Actual commercial rates. 

Dated: November 8, 2023. 

Joyce Connery, 

Chair. 

[FR Doc. 2023–25074 Filed 11–14–23; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2000; Project 

Identifier MCAI–2023–00415–T] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier, Inc., Model BD– 

700–1A10 and BD–700–1A11 airplanes. 

This proposed AD was prompted by 

reports that some overheat detection 

sensing elements of the bleed air leak 

detection system were manufactured 

with insufficient salt fill, which can 

result in an inability to detect hot bleed 

air leaks. This proposed AD would 

require maintenance records 

verification, and if an affected part is 

installed, would prohibit the use of 

certain Master Minimum Equipment 

List (MMEL) items under certain 

conditions by requiring revising the 

operator’s existing MEL. This proposed 

AD would also require testing the 

overheat detection sensing elements, 

marking each serviceable sensing 

element with a witness mark, and 

replacing each nonserviceable part with 

a serviceable part. This proposed AD 

would also prohibit the installation of 

affected parts under certain conditions. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by January 2, 2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2000; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For Bombardier service information 

identified in this NPRM, contact 

Bombardier Business Aircraft Customer 

Response Center, 400 Coˆte-Vertu Road 

West, Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–2999; email: 

ac.yul@aero.bombardier.com; website: 

bombardier.com. 

• For Liebherr-Aerospace Toulouse 

SAS service information identified in 

this NPRM, contact Liebherr-Aerospace 

Toulouse SAS, 408, Avenue des EtatsUnis—B.P.52010, 31016 Toulouse 

Cedex, France; telephone +33 

(0)5.61.35.28.28; fax +33 

(0)5.61.35.29.29; email: 

techpub.toulouse@liebherr.com; 

website: www.liebherr.aero. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 


ddrumheller on DSK120RN23PROD with PROPOSALS1