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PA Bulletin, Doc. No. 02-571



[25 PA. CODE CH. 901]

Proposed Amendments to the Administrative Manual--Rules of Practice and Procedure Concerning Fees Associated with Responses to FOIA Requests

[32 Pa.B. 1868]

   The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to the Commission's Administrative Manual--Rules of Practice and Procedure, 25 Pa. Code § 901.1, updating the fee schedule associated with Commission responses to Freedom of Information Act (FOIA) requests. The current schedule of fees was promulgated in 1975 and has not been updated since. Over the past quarter of a century, computer technologies have introduced new methods of recording and reproducing information that were not contemplated by the 1975 regulations, and administrative costs have increased. The proposed fee structure reflects current technology and costs.


   The public hearing will be held on Friday, May 31, 2002, during the Commission's regular business meeting, which will begin at 1 p.m. The meeting on May 31, 2002, must end by 3 p.m., but if necessary, the hearing will continue at the Commission's next scheduled business meeting until all those who wish to testify are afforded an opportunity to do so. Persons wishing to testify are asked to register in advance with the Commission Secretary, (609) 883-9500 ext. 203. Written comments will be accepted through the close of the public hearing; however, earlier submittals would be appreciated.


   The public hearing will be held at Grey Towers National Historic Landmark, 151 Grey Towers Drive, Milford, PA. Directions will be posted on the Commission's website at by April 1, 2002. Written comments should be addressed to the Commission Secretary, Delaware River Basin Commission, P. O. Box 7360, West Trenton, NJ 08628-0360.

Further Information, Contacts

   Contact Pamela Bush at (609) 883-9500 ext. 203 with questions about the proposed amendments or the rulemaking process. Notice also is posted on the Commission's website at

   It is proposed to amend Article 8, Section 2.8.10 ''Fees'' of the Administrative Manual--Rules of Practice and Procedure, by striking the language of sub-section A of that section and replacing it with the following:

   A.  Unless waived in accordance with the provisions of Section 2.8.11, the following fees shall be imposed for production of any record pursuant to this part.

   1.  Administrative Fees.

   a.  Charges for administrative fees include staff time associated with:

   (i)  Processing FOIA requests;

   (ii)  Locating and reviewing files;

   (iii)  Monitoring file reviews;

   (iv)  Generating computer records (electronic print-outs); and

   (v)  Preparing logs of records deemed non-public.

   b.  Administrative charges will be calculated as follows: Administrative charges will be billed to the requester per quarter hour following the first quarter hour. These charges will be billed at the current, hourly paygrade rate (pro-rated for quarter hour increments) of the personnel performing the service. Administrative charges will be in addition to any copying charges.

   c.  Appointment Rescheduling/Cancellation--Requesters that do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the administrative charges incurred by the Commission in preparing the requested records. The Commission will prepare an itemized invoice of these charges and mail it to the requester for payment.

   2.  Photocopying Fees--The following are charges for photocopies of public records made by Commission personnel:

   a.  Standard Sized, Black and White Copies

   The charge for copying standard sized, black and white public records shall be $0.15 per printed page (i.e., single-sided copies are $0.15 and double-sided copies are $0.30). This charge applies to copies on the following standard paper sizes:

   (i)  8.5" × 11"

   (ii)  8.5" × 14"

   (iii)  11" × 17"

   b.  Color Copies/Printouts

   The charge for color copies or color printouts shall be as follows:

   (i)  8.5" × 11"--$1.00 per page

   (ii)  8.5" × 14"--$1.50 per page

   (iii)  11" × 17"--$2.00 per page

   (iv)  The charge for all color copies larger than 11" x 17" (including, but not limited to: photographic imagery, GIS print-outs, and maps) shall be calculated at the rate of $2.50 per square foot.

   c.  Electronically Generated Records

   Charges for copying records maintained in electronic format will be calculated by the material costs involved in generating the copies (including, but not limited to: magnetic tape, diskette, or compact disc costs) and administrative costs.

   d.  Other Copying Fees

   The Commission, at its discretion, may arrange to have records copied by an outside contractor if the Commission does not have the resources or equipment to copy such records. In this instance, the requester will be liable for payment of these costs.

   3.  Forwarding material to destination. Postage, insurance, and special fees will be charged on an actual cost basis.


   Fiscal Note: 68-41. No fiscal impact; (8) recommends adoption.

   (Editor's Note: The notice which appeared at 32 Pa.B. 1661 (March 30, 2002) was published prematurely. This document is the official Notice of Proposed Rulemaking of the Delaware River Basin Commission regarding § 901.1 (relating to rules of practice and procedure.)

Annex A




§ 901.1.  Rules of Practice and Procedure.

   The rules of practice and procedure as set forth in 18 CFR 401 (2002) are hereby incorporated by reference and made a part of this title.

[Pa.B. Doc. No. 02-571. Filed for public inspection April 12, 2002, 9:00 a.m.]

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