Sec.  0.467   Search and review fees.

   (a)(1) Subject to the provisions of this section, an hourly fee shall be
   charged for recovery of the full, allowable direct costs of searching for
   and reviewing records requested under  Sec. 0.460(e) or  Sec. 0.461, unless such fees
   are precluded or waived pursuant to  Sec. 0.470. 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:
   Grade Hourly fee
   GS–1       12.85
   GS–2       13.99
   GS–3       15.77
   GS–4       17.70
   GS–5       19.80
   GS–6       22.07
   GS–7       24.53
   GS–8       27.17
   GS–9       30.00
   GS–10      33.04
   GS–11      36.30
   GS–12      43.51
   GS–13      51.74
   GS–14      61.14
   GS–15      71.92

   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 2007 and
   include 20 percent for personnel benefits.

   (b)  Search fees may be assessed for time spent searching, even if the
   Commission fails to locate the records or if the records are determined to
   be exempt from disclosure.

   (c) The Commission shall charge only for the initial review, i.e., the
   review undertaken initially when the Commission analyzes the applicability
   of a specific exemption to a particular record. The Commission shall not
   charge for review at the appeal level of an exemption already applied.
   However, records or portions of records withheld in full under an exemption
   that  is subsequently determined not to apply may be reviewed again to
   determine the applicability of other exemptions not previously considered.
   The  costs of such a subsequent review, under these circumstances, are
   properly assessable.

   (d) The fee charged will not exceed an amount based on the time typically
   required to locate records of the kind requested.

   (e) If the Commission estimates that search charges are likely to exceed $25
   or the amount which the requester indicated he/she is prepared to pay, then
   it shall notify the requester of the estimated amount of fees. Such a notice
   shall  offer  the  requester the opportunity to confer with Commission
   personnel with the object of revising or clarifying the request.

   (f) When the search has been completed, the custodian of the records will
   give notice of the charges incurred to the person who made the request.

   (g) The fee shall be paid to the Financial Management Division, Office of
   Managing Director, or as otherwise directed by the Commission.

   (h) Records shall be inspected within 7 days after notice is given that they
   have been located and are available for inspection. After that period, they
   will be returned to storage, and additional charges may be imposed for again
   producing them.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
   303, 397; 47 CFR 0.231(d))

   [ 40 FR 7316 , Feb. 19, 1975, as amended at  45 FR 85028 , Dec. 24, 1980;  49 FR 13368 , Apr. 4, 1984. Redesignated and amended at  53 FR 39093 , Oct. 5, 1988;
    59 FR 21946 , Apr. 27, 1994;  64 FR 31139 , June 10, 1999;  65 FR 51234 , Aug.
   23, 2000;  66 FR 42453 , Aug. 13, 2001;  67 FR 58543 , Sept. 17, 2002;  68 FR 4105 , Jan. 28, 2003;  69 FR 13746 , Mar. 24, 2004;  70 FR 6593 , Feb. 8, 2005;
    71 FR 9266 , Feb. 23, 2006;  72 FR 5632 , Feb. 7, 2007]