12 CFR 261.17 - Fee schedules; waiver of fees.

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§ 261.17 Fee schedules; waiver of fees.

(a)Fee schedules. The fees applicable to a request for records pursuant to §§ 261.11 and 261.12 are set forth in appendix A to this section. These fees cover only the full allowable direct costs of search, duplication, and review. No fees will be charged where the average cost of collecting the fee (calculated at $5.00) exceeds the amount of the fee.

(b)Payment procedures. The Secretary may assume that a person requesting records pursuant to § 261.12 will pay the applicable fees, unless the request includes a limitation on fees to be paid or seeks a waiver or reduction of fees pursuant to paragraph (f) of this section.

(1)Advance notification of fees. If the estimated charges are likely to exceed $100, the Freedom of Information Office shall notify the requester of the estimated amount, unless the requester has indicated a willingness to pay fees as high as those anticipated. Upon receipt of such notice, the requester may confer with the Freedom of Information Office to reformulate the request to lower the costs. The time period for responding to requests under § 261.13(e), and the processing of the request will be suspended until the requester agrees to pay the applicable fees.

(2)Advance payment. The Secretary may require advance payment of any fee estimated to exceed $250. The Secretary may also require full payment in advance where a requester has previously failed to pay a fee in a timely fashion. The time period for responding to requests under § 261.13(e), and the processing of the request will be suspended until the Freedom of Information Office receives the required payment.

(3)Late charges. The Secretary may assess interest charges when fee payment is not made within 30 days of the date on which the billing was sent. Interest is at the rate prescribed in 31 U.S.C. 3717 and accrues from the date of the billing.

(c)Categories of uses. The fees assessed depend upon the intended use for the records requested. In determining which category is appropriate, the Secretary shall look to the intended use set forth in the request for records. Where a requester's description of the use is insufficient to make a determination, the Secretary may seek additional clarification before categorizing the request.

(1)Commercial use. The fees for search, duplication, and review apply when records are requested for commercial use.

(2)Educational, research, or media use. The fees for duplication apply when records are not sought for commercial use, and the requester is a representative of the news media or an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research. The first 100 pages of duplication, however, will be provided free.

(3)All other uses. For all other requests, the fees for document search and duplication apply. The first two hours of search time and the first 100 pages of duplication, however, will be provided free.

(d)Nonproductive search. Fees for search and review may be charged even if no responsive documents are located or if the request is denied.

(e)Aggregated requests. A requester may not file multiple requests at the same time, solely in order to avoid payment of fees. If the Secretary reasonably believes that a requester is separating a request into a series of requests for the purpose of evading the assessment of fees, the Secretary may aggregate any such requests and charge accordingly. It is considered reasonable for the Secretary to presume that multiple requests of this type made within a 30-day period have been made to avoid fees.

(f)Waiver or reduction of fees. A request for a waiver or reduction of the fees, and the justification for the waiver, shall be included with the request for records to which it pertains. If a waiver is requested and the requester has not indicated in writing an agreement to pay the applicable fees if the waiver request is denied, the time for response to the request for documents, as set forth in § 261.13(e), shall not begin until a waiver has been granted; or if the waiver is denied, until the requester has agreed to pay the applicable fees.

(1)Standards for determining waiver or reduction. The Secretary shall grant a waiver or reduction of fees where it is determined both that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operation or activities of the government, and that the disclosure of information is not primarily in the commercial interest of the requester. In making this determination, the following factors shall be considered:

(i) Whether the subject of the records concerns the operations or activities of the government;

(ii) Whether disclosure of the information is likely to contribute significantly to public understanding of government operations or activities;

(iii) Whether the requester has the intention and ability to disseminate the information to the public;

(iv) Whether the information is already in the public domain;

(v) Whether the requester has a commercial interest that would be furthered by the disclosure; and, if so,

(vi) Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester.

(2)Contents of request for waiver. A request for a waiver or reduction of fees shall include:

(i) A clear statement of the requester's interest in the documents;

(ii) The use proposed for the documents and whether the requester will derive income or other benefit for such use;

(iii) A statement of how the public will benefit from such use and from the Board's release of the documents;

(iv) A description of the method by which the information will be disseminated to the public; and

(v) If specialized use of the information is contemplated, a statement of the requester's qualifications that are relevant to that use.

(3)Burden of proof. The burden shall be on the requester to present evidence or information in support of a request for a waiver or reduction of fees.

(4)Determination by Secretary. The Secretary shall make a determination on the request for a waiver or reduction of fees and shall notify the requester accordingly. A denial may be appealed to the Board in accordance with § 261.13(i).

(g)Employee requests. In connection with any request by an employee, former employee, or applicant for employment, for records for use in prosecuting a grievance or complaint of discrimination against the Board, fees shall be waived where the total charges (including charges for information provided under the Privacy Act of 1974 ( 5 U.S.C. 552a) are $50 or less; but the Secretary may waive fees in excess of that amount.

(h)Special services. The Secretary may agree to provide, and set fees to recover the costs of, special services not covered by the Freedom of Information Act, such as certifying records or information and sending records by special methods such as express mail or overnight delivery.

(i)Restrictions on charging fees.

(1) If the Board fails to comply with the FOIA's time limits in which to respond to a request, the Board may not charge search fees, or, in the instances of requests from requesters described in paragraph (c)(2) of this section, may not charge duplication fees, except as permitted under paragraphs (i)(2) through (4) of this section.

(2) If the Board determines that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and has provided timely written notice to the requester and subsequently responds within the additional 10 working days as provided in § 261.13(e)(3), the Board may charge search fees, or, in the case of requests from requesters described in paragraph (c)(2) of this section, may charge duplication fees.

(3) If the Board determines that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are necessary to respond to the request, then the Board may charge search fees, or, in the case of requesters described in paragraph (c)(2) of this section, may charge duplication fees, if the Board has:

(i) Provided timely written notice to the requester in accordance with the FOIA; and

(ii) Discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii).

(4) If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order.

Appendix A to § 261.17 - Freedom of Information Fee Schedule

Photocopy, per standard page $0.10
Paper copies of microfiche, per frame .10
Duplicate microfiche, per microfiche .35
Search and review:
Clerical/Technical, hourly rate 20.00
Professional/Supervisory, hourly rate 38.00
Manager/Senior Professional, hourly rate 65.00
Computer search and production:
Computer operator search, hourly rate 32.00
Tapes (cassette) per tape 6.00
Tapes (cartridge), per tape 9.00
Tapes (reel), per tape 18.00
Diskettes (3 1/2″), per diskette 4.00
Diskettes (5 1/4″), per diskette 5.00
Computer Output (PC), per minute .10
Computer Output (mainframe) ( 1)

1 Actual cost.

[ 62 FR 54365, Oct. 20, 1997; 62 FR 62508, Nov. 24, 1997, as amended at 81 FR 94934, Dec. 27, 2016]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 12 - BANKS AND BANKING

§ 248 - Enumerated powers

§ 321 - Application for membership

§ 322 - Determination on application

§ 323 - Stock in Federal reserve banks; method of payment

§ 324 - Laws applicable on becoming members

§ 325 - Examinations

§ 326 - Acceptance of examinations and reports by State authorities; special examinations

§ 327 - Surrender of stock and cancellation of memberships

§ 328 - Withdrawals from membership

§ 329 - Capital stock required as condition precedent to membership

§ 329a - Omitted

§ 330 - Laws applicable on becoming members; discounts for State banks

§ 331 - Certifying checks on State banks admitted as members

§ 332 - Depositaries of public money; financial agents; security required

§ 333 - Mutual savings banks; application and admission to membership in Federal Reserve System

§ 334 - Reports from affiliates; penalty for failure to furnish

§ 335 - Dealing in investment securities; limitations and conditions

§ 336 - Certificates of stock; representation of stock of other corporations

§ 337 - Repealed. Pub. L. 89–485, § 13(g), July 1, 1966, 80 Stat. 243

§ 338 - Examination of affiliates; forfeiture of membership on refusal of affiliate to give information or pay expense

§ 338a - Investments to promote public welfare and community development; limitation on investments

§ 339 - Participation by State member banks in lotteries and related activities

§ 339a - Resolution of clearing banks

§ 611 - Formation authorized; fiscal agents; depositaries in insular possessions

§ 611a - Statement of purposes; rules and regulations

§ 612 - Articles of association; contents

§ 613 - Signing of articles of association; forwarding to and filing by Board of Governors of the Federal Reserve System; organization certificate; contents

§ 614 - Organization certificate; acknowledgment; forwarding to, filing, and approval by Board of Governors of the Federal Reserve System; permit to do...corporate succession; contracts; suits; directors, officers, and employees; bylaws

§ 615 - Powers of corporation

§ 616 - Place of carrying on business; when business may be begun

§ 617 - Engaging in commerce or trade in commodities; price fixing; forfeiture of charter; acts forbidden to directors, officers, agents, or employees

§ 618 - Capital stock; amount; when paid in

§ 619 - Capital stock; by whom held; ownership of capital stock by foreign bank

§ 620 - Members of Board of Governors of the Federal Reserve System without interest in corporation

§ 621 - Liability of shareholders on unpaid subscriptions; membership of corporation in Federal reserve bank prohibited

§ 622 - Forfeiture of rights and privileges; dissolution; liability of directors and officers

§ 623 - Voluntary liquidation

§ 624 - Appointment of receiver or conservator

§ 625 - Stockholders’ meetings; books and records; reports; examination

§ 626 - Dividends; surplus fund

§ 627 - State taxation

§ 628 - Extension of corporate existence

§ 629 - Conversion of banking corporations into Federal corporations; procedure

§ 630 - Offenses by officers of corporation; punishment

§ 631 - False representations as to liability of United States for acts of corporation; punishment

§ 632 - Jurisdiction of United States courts; disposition by banks of foreign owned property

§ 633 - Potential liability on foreign accounts

§ 1442 - Member financial information

§ 1467a - Regulation of holding companies

§ 1817 - Assessments

§ 1818 - Termination of status as insured depository institution

§ 1821 - Insurance Funds

§ 1830 - Nondiscrimination

§ 1844 - Administration

§ 1951 - Congressional findings and declaration of purpose

§ 1952 - Reports on ownership and control

§ 1953 - Recordkeeping and procedures

§ 1954 - Injunctions

§ 1955 - Civil penalties

§ 1956 - Criminal penalty

§ 1957 - Additional criminal penalty in certain cases

§ 1958 - Compliance

§ 1959 - Administrative procedure

§ 2601 - Congressional findings and purpose

§ 2801 - Congressional findings and declaration of purpose

§ 2802 - Definitions

§ 2803 - Maintenance of records and public disclosure

§ 2804 - Enforcement

§ 2805 - Relation to State laws

§ 2806 - Compliance improvement methods

§ 2807 - Report

§ 2808 - Effective date

§ 2809 - Compilation of aggregate data

§ 2810 - Disclosure by Secretary; commencement, scope, etc.

§ 2811 - Repealed. Pub. L. 100–242, title V, § 565(b), Feb. 5, 1988, 101 Stat. 1945

§ 2901 - Congressional findings and statement of purpose

§ 2902 - Definitions

§ 2903 - Financial institutions; evaluation

§ 2904 - Report to Congress

§ 2905 - Regulations

§ 2906 - Written evaluations

§ 2907 - Operation of branch facilities by minorities and women

§ 2908 - Small bank regulatory relief

§ 3101 - Definitions

§ 3102 - Establishment of Federal branches and agencies by foreign bank

§ 3103 - Interstate banking by foreign banks

§ 3104 - Insurance of deposits

§ 3105 - Authority of Federal Reserve System

§ 3106 - Nonbanking activities of foreign banks

§ 3106a - Compliance with State and Federal laws

§ 3107 - Representative offices

§ 3108 - Regulation and enforcement

§ 3109 - Cooperation with foreign supervisors

§ 3110 - Penalties

§ 3111 - Criminal penalty

§ 3401 - Definitions

§ 3402 - Access to financial records by Government authorities prohibited; exceptions

§ 3403 - Confidentiality of financial records

§ 3404 - Customer authorizations

§ 3405 - Administrative subpena and summons

§ 3406 - Search warrants

§ 3407 - Judicial subpena

§ 3408 - Formal written request

§ 3409 - Delayed notice

§ 3410 - Customer challenges

§ 3411 - Duty of financial institutions

§ 3412 - Use of information

§ 3413 - Exceptions

§ 3414 - Special procedures

§ 3415 - Cost reimbursement

§ 3416 - Jurisdiction

§ 3417 - Civil penalties

§ 3418 - Injunctive relief

§ 3419 - Suspension of limitations

§ 3420 - Grand jury information; notification of certain persons prohibited

§ 3421 - Repealed. Pub. L. 104–66, title III, § 3001(d), Dec. 21, 1995, 109 Stat. 734

§ 3422 - Applicability to Securities and Exchange Commission

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 29 - LABOR
U.S. Code: Title 31 - MONEY AND FINANCE

Title 12 published on 17-Jun-2017 04:33

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR Part 261 after this date.

  • 2016-12-27; vol. 81 # 248 - Tuesday, December 27, 2016
    1. 81 FR 94932 - Rules Regarding Availability of Information
      GPO FDSys XML | Text
      Interim final rule.
      This interim final rule is effective December 27, 2016. Comments should be received on or before February 27, 2017.
      12 CFR Part 261