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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations United States district court, as specified in 5 U.S.C. 552a4B.

g Copies of all appeals and copies of all actions on appeal shall be furnished to and maintained in a public file by the Office of the General Counsel, Division of the Secretariat.
9. Amend 1015.9 as follows:
a. Revise paragraphs a and e through g; and b. Add paragraphs h and i.
The revisions and additions read as follows:

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1015.9

Fees for production of records.

a The CPSC will provide, at no charge, certain routine information. For other CPSC responses to information requests, the Chief FOIA Officer, or the delegate of the Chief FOIA Officer, shall determine and levy fees for duplication, search, review, and other services, in accordance with this section.

e The following fee schedule will apply:
1 Duplication. i Manual photocopies: $0.15 per page.
ii Computer printouts that are sent from a computer to a printer or photocopier machine: $0.15 per page.
iii Compact discs, DVDs, or other similar media duplications: Direct-cost basis. The exact fees for duplication of records on these forms of media will be calculated and published annually and are available to the public on the CPSCs FOIA web page at: https
www.cpsc.gov, and from the Office of the General Counsel, Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814.
iv There is no duplication fee for producing records provided to requesters in electronic format, or for pages redacted in full in any format.
v Requesters can request and be provided records in any format that is readily reproducible by the agency, including electronic format.
vi When records available only in paper format must be scanned to comply with a requesters preference to receive records in an electronic format, the requester must pay the direct costs of scanning those materials. The exact fees for scanning these materials will be assessed on a quarter-hour basis, will be calculated and published annually, and are available to the public on the CPSCs FOIA web page at: https
www.cpsc.gov, and from the Office of the General Counsel, Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814.

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2 Searches. Fees for searches are assessed on a quarter-hour basis. The exact fees for searches are calculated and published annually and are available to the public on the CPSCs FOIA web page at: https
www.cpsc.gov, and from the Office of the General Counsel, Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814.
i Manual file searches. Manual search fees are calculated using the basic hourly pay rate of the average grade and step of employees who charged hours in this category GS 14/
7, plus 16 percent to account for the cost of benefits.
ii Computer searches. Computer search fees are calculated using the basic hourly pay rate of the average grade and step of employees who charged hours in this category GS 12/
4, plus 16 percent to account for the cost of benefits.
3 Review. Fees for review are assessed on a quarter-hour basis. The exact fee for review is calculated and published annually and is available to the public on the CPSCs FOIA web page at: https www.cpsc.gov and from the Office of the General Counsel, Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD
20814. The review fee is calculated using the basic hourly pay rate of the average grade and step of employees who charged hours in this category GS
12/9, plus 16 percent to account for the cost of benefits. Fees for reviewing records will only be charged to commercial requesters.
4 Postage. If the requester wants special handling, or if the volume or dimensions of the materials requires special handling, the FOIA Office will charge the direct cost of mailing such requested materials.
5 Other charges. i Materials requiring special reproducing or handling, such as photographs, slides, blueprints, video and audio tape recordings, or other similar media:
Direct-cost basis.
ii Any other service: Direct-cost basis.
f Notice of anticipated fees in excess of $25:
1 When the FOIA Office determines or estimates that the fees to be assessed will exceed $25, the FOIA Office shall promptly notify the requester of the actual or estimated amount of the fees, including a breakdown of the fees for search, review, and duplication, if applicable, and any applicable fee waivers that would apply to the request, unless the requester has indicated a
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willingness to pay fees as high as those anticipated. The notice shall specify that the requester may confer with agency staff with the objective of reformulating the request to meet the requesters needs at a lower cost. If only a portion of the fee can be estimated readily, the FOIA Office will advise the requester, accordingly. If the request is not from a commercial use requester, the notice shall specify that the requester is entitled to 100 pages of duplication at no charge, and if the requester is charged search fees, 2 hours of search time at no charge.
2 When a requester has been provided notice of anticipated fees in excess of $25, the FOIA Office shall toll processing of the request, and further work will not be completed until the requester commits in writing to pay the actual or estimated total fee, or designates the amount of fees the requester is willing to pay. In the case of a requester who is not a commercial requester, the requester may designate that the requester seeks only those services that can be provided in paragraphs g2 and 3 of this section, without charge. The CPSC is not required to accept payment in installments.
3 If the requester has committed to pay a designated amount of fees, but the FOIA Office determines or estimates that the total fee will exceed that amount, the FOIA Office shall toll processing of the request and notify the requester of the actual or estimated fees in excess of the requesters commitment.
The FOIA Office shall inquire whether the requester wishes to revise the amount of fees the requester is willing to pay or wishes to modify the request.
Once the requester responds, the administrative time limits in 1015.5
will resume.
4 The Chief FOIA Officer shall make available the FOIA Public Liaison to assist requesters in reformulating a request to meet the requesters needs at a lower cost.
5 If a requester does not commit in writing to pay the actual or estimated total fee or designate in writing the amount of fees the requester is willing to pay within 30 working days from the date of the notification letter, the request shall be closed. The FOIA Office shall notify the requester that the request has been closed.
6 Any adverse determination made by the Chief FOIA Officer, or the designee of the Chief FOIA Officer, concerning a dispute over actual or estimated fees can be appealed by the requester to the General Counsel, in the manner described at 1015.7.

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