
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1]

[Page 7-22]
 
                          TITLE 7--AGRICULTURE
 
PART 1--ADMINISTRATIVE REGULATIONS--Table of Contents
 
Subpart A--Official Records

    Authority: 5 U.S.C. 301, 552; 7 U.S.C. 3125a; 31 U.S.C. 9701; and 7 
CFR 2.28(b)(7)(viii).

Sec. 1.1  Purpose and scope.

    This subpart establishes policy, procedures, requirements, and 
responsibilities for administration and coordination of the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552, pursuant to which any person 
may obtain official records. It also provides rules pertaining to the 
disclosure of records pursuant to compulsory process. This subpart also 
serves as the implementing regulations (referred to in Sec. 1.3, 
``Agency implementing regulations'') for the Office of the Secretary 
(the immediate offices of the Secretary, Deputy Secretary, Under 
Secretaries and Assistant Secretaries) and for the Office of 
Communications. The Office of Communications has the primary 
responsibility for implementation of the FOIA in the Department of 
Agriculture (``USDA'' or ``Department''). The term ``agency'' or 
``agencies'' is used throughout this subpart to include both USDA 
program agencies and staff offices.

[65 FR 46336, July 28, 2000]

Sec. 1.2  Policy.

    (a) Agencies of USDA shall comply with the time limits set forth in 
the FOIA and in this subpart for responding to and processing requests 
and appeals for agency records, unless there are unusual circumstances 
within the meaning of 5 U.S.C. 552(a)(6)(B) and Sec. 1.16(b). An agency 
shall notify a requester in writing whenever it is unable to respond to 
or process a request or appeal within the time limits established by the 
FOIA.
    (b) All agencies of the Department shall comply with the fee 
schedule provided as appendix A to this subpart, with regard to the 
charging of fees for providing copies of records and related services to 
requesters.

[65 FR 46337, July 28, 2000]

Sec. 1.3  Agency implementing regulations.

    Each agency of the Department shall promulgate regulations setting 
forth the following:
    (a) The location and hours of operation of the agency office or 
offices where members of the public may gain access to those materials 
required by 5 U.S.C. 552(a)(2) and Sec. 1.4 to be made available for 
public inspection and copying.
    (b) Information regarding the publication and distribution (by sale 
or otherwise) of indexes and supplements to

[[Page 8]]

indexes that are maintained in accordance with the requirements of 5 
U.S.C. 552(a)(2) and Sec. 1.4(c);
    (c) The title and mailing address of the official or officials of 
the agency authorized to receive requests for records submitted in 
accordance with Sec. 1.5(a), and to make determinations regarding 
whether to grant or deny such requests. Authority to make such 
determinations includes authority to:
    (1) Extend the 20 working day administrative deadline for reply 
pursuant to Sec. 1.16;
    (2) Make discretionary releases pursuant to Sec. 1.19(b);
    (3) Make determinations regarding the charging of fees pursuant to 
appendix A to this subpart;
    (d) The title and mailing address of the agency official who is 
authorized to receive appeals submitted in accordance with Sec. 1.14 and 
to make determinations regarding whether to grant or deny such appeals. 
Authority to determine appeals includes authority to:
    (1) Extend the 20 working day administrative deadline for reply 
pursuant to Sec. 1.16 (to the extent the maximum extension authorized by 
Sec. 1.16(c) was not used with regard to the initial request;
    (2) Make discretionary releases pursuant to Sec. 1.19(b);
    (3) Make determinations regarding the charging of fees pursuant to 
appendix A to this subpart; and
    (e) Other information which would be of concern to a person wishing 
to request records from that agency in accordance with this subpart.

[65 FR 46337, July 28, 2000]

Sec. 1.4  Public access to certain materials.

    (a) In accordance with 5 U.S.C. 552(a)(2), each agency within the 
Department shall make the following materials available for public 
inspection and copying (unless they are promptly published and copies 
offered for sale):
    (1) Final opinions, including concurring and dissenting opinions, as 
well as orders, made in the adjudication of cases;
    (2) Those statements of policy and interpretation which have been 
adopted by the agency and are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public;
    (4) Copies of all records, regardless of form or format, which have 
been released pursuant to a FOIA request under 5 U.S.C. 552(a)(3), and 
which because of the nature of their subject matter, have become or are 
likely to become the subject of subsequent requests for substantially 
the same records. Agencies shall decide on a case by case basis whether 
records fall into this category, based on the following factors:
    (i) Previous experience with similar records;
    (ii) The particular characteristics of the records involved, 
including their nature and the type of information contained in them; 
and
    (iii) The identity and number of requesters and whether there is 
widespread media, historical, academic, or commercial interest in the 
records.
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Records encompassed within paragraphs (a)(1) through (a)(5) of 
this section created on or after November 1, 1996, shall be made 
available to the public by computer telecommunications or, if computer 
telecommunications means have not been established by the agency, by 
other electronic means.
    (c) Each agency of the Department shall maintain and make available 
for public inspection and copying current indexes providing identifying 
information regarding any matter issued, adopted or promulgated after 
July 4, 1967, and required by paragraph (a) of this section to be make 
available or published. Each agency shall publish and make available for 
distribution copies of such indexes and supplements to such indexes at 
least quarterly, unless it determines by notice published in the Federal 
Register that publication would be unnecessary and impracticable. After 
issuance of such notice, each agency shall provide copies of any index 
upon request at a cost not to exceed the direct cost of duplication.
    (d) Each agency is responsible for preparing reference material or a 
guide for requesting records or information

[[Page 9]]

from that agency. This guide shall also include an index of all major 
information systems, and a description of major information and record 
locator systems.
    (e) Each agency shall also prepare a handbook for obtaining 
information from that agency. The handbook should be a short, simple 
explanation to the public of what the FOIA is designed to do, and how a 
member of the public can use it to access government records. The 
handbook should be available on paper and through electronic means, and 
it should identify how a requester can access agency Freedom of 
Information Act annual reports. Similarly, the annual reports should 
refer to the handbook and how to obtain it.
    (f) It is appropriate to make frequently requested records available 
in accordance with paragraph (a)(4) of this section in situations where 
public access in a timely manner is important, and it is not intended to 
apply where there may be a limited number of requests over a short 
period of time from a few requesters. Agencies may remove a record from 
this access medium when the appropriate official determines that it is 
unlikely there will be substantial further requests for that document.

[65 FR 46337, July 28, 2000]

Sec. 1.5   Requests for records.

    (a) Any person who wishes to inspect or obtain copies of any record 
of any agency of the Department shall submit a request in writing and 
address the request to the official designated in regulations 
promulgated by that agency. The requester may ask for a fee waiver. All 
such requests for records shall be deemed to have been made pursuant to 
the Freedom of Information Act, regardless of whether the request 
specifically mentions the Freedom of Information Act. To facilitate 
processing of a request, the requester should place the phrase ``FOIA 
REQUEST'' in capital letters on the front of the envelope or on the 
cover sheet of the facsimile transmittal.
    (b) A request must reasonably describe the records to enable agency 
personnel to locate them with reasonable effort. Where possible, a 
requester should supply specific information regarding dates, titles, 
names of individuals, names of offices, and names of agencies or other 
organizations that may help identify the records. If the request relates 
to a matter in pending litigation, the requester should identify the 
court and its location.
    (c) If an agency determines that a request does not reasonably 
describe the records, the agency shall inform the requester of this fact 
and extend the requester an opportunity to clarify the request or to 
confer promptly with knowledgeable agency personnel to attempt to 
identify the records the requester is seeking. The ``date of receipt'' 
in such instances, for purposes of Sec. 1.13, shall be the date of 
receipt of the amended or clarified request.
    (d) If a request for records or a fee waiver made under this subpart 
is denied, the requester shall have the right to appeal the denial. 
Requesters also may appeal agency determinations of a requester's status 
for purposes of fee levels under sec. 5 of appendix A to this subpart. 
All appeals must be in writing and addressed to the official designated 
in regulations promulgated by the agency which denied the request. To 
facilitate processing of an appeal, the requester should place the 
phrase ``FOIA APPEAL'' in capital letters on the front of the envelope 
or on the cover sheet of the fax transmittal.
    (e) Requests that are not addressed to a specific agency in USDA, or 
which pertain to more than one USDA agency, or which are sent to the 
wrong agency of USDA, should be forwarded to the Department's FOIA 
Officer in the Office of Communications, U.S. Department of Agriculture, 
Washington, DC 20250.
    (f) The Department FOIA Officer will determine which agency or 
agencies should process the request, and, where necessary, refer the 
request to the appropriate agency or agencies. The Department FOIA 
Officer will also notify the requester of the referral and of the name 
of each agency to which the request has been referred.
    (g) A request will be properly received when it is in the possession 
of the component agency that has responsibility for maintaining the 
requested records.

[[Page 10]]

    (h) Each agency shall develop and maintain a record of all written 
requests and appeals received in that agency. The record shall include 
the names of the requester; a brief summary of the information 
requested; whether the request or appeal was granted, denied, or 
partially denied; the exemption from mandatory disclosure under 5 U.S.C. 
552(b) upon which any denial was based; and the amount of any fees 
associated with the request or appeal.

[65 FR 46337, July 28, 2000]

Sec. 1.6  Aggregating requests.

    When an agency reasonably believes that a requester, or a group of 
requesters acting in concert, is attempting to break a request down into 
a series of requests for the purpose of evading the assessment of fees, 
the agency may aggregate any such requests and charge accordingly. One 
element that may be considered in determining whether such a belief 
would be reasonable is the brevity of the time period during which the 
requests have been made.

[65 FR 46338, July 28, 2000]

Sec. 1.7  Agency response to requests for records.

    (a) 5 U.S.C. 552(a)(6)(A)(i) provides that each agency of the 
Department to which a request for records is submitted in accordance 
with Sec. 1.5(a) shall inform the requester of its determination 
concerning that request within 20 working days of its date of receipt 
(excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized under Sec. 1.16. If the agency determines to grant 
the request, it shall inform the requester of any conditions surrounding 
the granting of the request (e.g., payment of fees) and the approximate 
date upon which the agency will provide the requested records. If the 
agency grants only a portion of the request, it shall treat the portion 
not granted as a denial, and make a reasonable effort to estimate the 
volume of the records denied and provide this estimate to the requester, 
unless providing such an estimate would harm an interest protected by an 
exemption of the FOIA. If the agency determines to deny the request in 
part or in whole, it shall immediately inform the requester of that 
decision and provide the following:
    (1) The reasons for the denial;
    (2) The name and title or position of each person responsible for 
denial of the request;
    (3) The requester's right to appeal such denial and the title and 
address of the official to whom such appeal is to be addressed; and
    (4) The requirement that such appeal be made within 45 days of the 
date of the denial.
    (b) If the reason for not fulfilling a request is that the records 
requested are in the custody of another agency outside USDA, other than 
in the permanent custody of the National Archives and Records 
Administration (``NARA''), the agency shall inform the requester of this 
fact and shall forward the request to that agency or Department for 
processing in accordance with its regulations. If the records are in the 
permanent custody of NARA, the agency shall so inform the requester. 
Information about obtaining access to records at NARA may be obtained 
through the NARA Archival Information Locator (NAIL) Database at http://
www/nara.gov/nara.nail.html, or by calling NARA at (301) 713-6800. If 
the agency has no knowledge of requested records or if no records exist, 
the agency shall notify the requester of that fact.

[65 FR 46338, July 28, 2000]

Sec. 1.8  Multitrack processing.

    (a) When an agency has a significant number of requests, the nature 
of which precludes a determination within 20 working days, the requests 
may be processed in a multitrack processing system, based on the date of 
receipt, the amount of work and time involved in processing the request, 
and whether the request qualifies for expedited processing.
    (b) Agencies may establish as many processing tracks as appropriate; 
processing within each track shall be based on a first-in, first-out 
concept, and rank-ordered by the date of receipt of the request.
    (c) Agencies may provide a requester whose request does not qualify 
for the fastest track an opportunity to limit

[[Page 11]]

the scope of the request in order to qualify for a faster track. This 
multitrack processing system does not lessen agency responsibility to 
exercise due diligence in processing requests in the most expeditious 
manner possible.
    (d) Agencies shall process requests in each track on a ``first-in, 
first-out'' basis, unless there are unusual circumstances as set forth 
in Sec. 1.16, or the requester is entitled to expedited processing as 
set forth in Sec. 1.9.

[65 FR 46338, July 28, 2000]

Sec. 1.9  Expedited processing.

    (a) A requester may apply for expedited processing at the time of 
the initial request for records. Within ten calendar days of its receipt 
of a request for expedited processing, an agency shall decide whether to 
grant it, and shall notify the requester of the decision. Once the 
determination has been made to grant expedited processing, an agency 
shall process the request as soon as practicable. If a request for 
expedited processing is denied, the agency shall act expeditiously on 
any appeal of that decision.
    (b) A request or appeal will be taken out of order and given 
expedited treatment whenever the agency determines that the requester 
has established either of the following criteria:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (2) An urgency to inform the public about an actual or alleged 
federal government activity, if made by an individual primarily engaged 
in disseminating information. Representatives of the news media would 
normally qualify as individuals primarily engaged in disseminating 
information; however, other requesters must demonstrate that their 
primary activity involves publishing or otherwise disseminating 
information to the public as a whole, and not just a particular segment 
or group. ``Urgency'' contemplates that the information has a particular 
value that will be lost if not disseminated quickly. Ordinarily this 
means a breaking news story of general public interest. Information of 
historical interest only or information sought for litigation or 
commercial activities would not meet the test of urgency, nor would a 
news media publication or broadcast deadline unrelated to the news 
breaking nature of the information.
    (c) A requester who seeks expedited processing must provide a 
written statement that the requester has certified to be true and 
correct to the best of the requester's knowledge, explaining in detail 
the basis for requesting expedited processing. The agency will not 
consider the request to have been received unless accompanied by a 
written, certified statement, and will be under no obligation to 
consider the request for expedited processing until it receives such a 
written, certified statement.
    (d) the same procedures apply to requests for expedited processing 
of administrative appeals.

[65 FR 46338, July 28, 2000]

Sec. 1.10  Search services.

    Search services are services of agency personnel--clerical or 
professional--used in trying to find the records, that are responsive to 
a request. Search services includes both manual and electronic searches 
and time spent examining records for the purpose of finding information 
that is within the scope of the request. Search services also include 
services to transport personnel to places of record storage, or records 
to the location of personnel for the purpose of the search, if such 
services are reasonably necessary.

[65 FR 46339, July 28, 2000]

Sec. 1.11  Review services.

    (a) Review services are services of agency personnel--clerical or 
professional--in examining records, both paper and electronic, located 
in response to a request that is for a commercial use (as specified in 
sec. 6 of appendix A to this subpart) to determine whether any portion 
of any record located is exempt from mandatory disclosure.
    (b) Review services include processing any records for disclosure 
e.g., doing all that is necessary to redact exempt portions and 
otherwise prepare records for release.

[[Page 12]]

    (c) Review services do not include the time spent resolving general 
legal or policy issues regarding the application of exemptions.

[65 FR 46339, July 28, 2000]

Sec. 1.12  Handling information from a private business.

    Each USDA agency is responsible for making the final determination 
with regard to the disclosure or nondisclosure of information in agency 
records that has been submitted by a business. When, in the course of 
responding to an FOIA request, an agency cannot readily determine 
whether the information obtained from a person is privileged or 
confidential business information, the policy of USDA is to obtain and 
consider the views of the submitter of the information and to provide 
the submitter an opportunity to object to any decision to disclose the 
information. If a request (including a subpoena duces tecum as described 
in Sec. 1.215) is received in USDA for information that has been 
submitted by a business, the agency shall:
    (a) Provide the business information submitter with prompt 
notification of a request for that information (unless it is readily 
determined by the agency that the information requested should not be 
disclosed or, on the other hand, that the information is not exempt by 
law from disclosure). Afford business information submitter reasonable 
time in which to object to the disclosure of any specified portion of 
the information. The submitter must explain fully all grounds upon which 
disclosure is opposed. For example, if the submitter maintains that 
disclosure is likely to cause substantial harm to it competitive 
position, the submitter must explain item-by-item why disclosure would 
cause such harm. Information provided by a business submitter pursuant 
to this paragraph may itself be subject to disclosure under FOIA;
    (b) Notify the requester of the need to inform the submitter of a 
request for submitted business information;
    (c) Determine whether the requested records are exempt from 
disclosure or must be released;
    (d) Provide business information submitters with notice of any 
determination to disclose such records prior to the disclosure date, in 
order that the matter may be considered for possible judicial 
intervention; and
    (e) Notify business information submitters promptly of all instances 
in which FOIA requesters bring suit seeking to compel disclosure of 
submitted information.

[65 FR 46339, July 28, 2000]

Sec. 1.13  Date of receipt of requests or appeals.

    The date of receipt of a request or appeal shall be the date it is 
received in the agency and office responsible for the administrative 
processing of FOIA requests or appeals.

[65 FR 46339, July 28, 2000]

Sec. 1.14  Appeals.

    (a) Requesters seeking administrative appeal of a denial of a 
request for records or denial of a fee waiver must ensure that the 
appeal is received by the agency within 45 days of the date of the 
denial letter.
    (b) Each agency shall provide for review of appeals by an official 
different from the official or officials designated to make initial 
denials.
    (c) 5 U.S.C. 552(a)(6)(A)(ii) provides that each agency in the 
Department to which an appeal of a denial is submitted shall inform the 
requester of its determination concerning that appeal within 20 working 
days (excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized by Sec. 1.16, of its date of receipt. If the agency 
determines to grant the appeal, it shall inform the requester of any 
conditions surrounding the granting of the request (e.g., payment of 
fees) and the approximate date upon which compliance will be effected. 
If the agency grants only a portion of the appeal, it shall treat the 
portion not granted as a denial. If it determines to deny the appeal 
either in part or in whole, it shall inform the requester of that 
decision and of the following:
    (1) The reasons for denial;
    (2) The name and title or position of each person responsible for 
denial of the appeal; and
    (3) The right to judicial review of the denial in accordance with 5 
U.S.C. 552(a)(4).

[[Page 13]]

    (d) Each agency, upon a determination that it wishes to deny an 
appeal, shall send a copy of the records requested and of all 
correspondence relating to the request to the Assistant General Counsel, 
General Law Division, Office of the General Counsel (``Assistant General 
Counsel''). When the volume of records is so large as to make sending a 
copy impracticable, the agency shall enclose an informative summary of 
those records. The agency shall not deny an appeal until it receives 
concurrence from the Assistant General Counsel
    (e) The Assistant General Counsel shall promptly review the matter 
(including necessary coordination with the agency) and render all 
necessary assistance to enable the agency to respond to the appeal 
within the administrative deadline or any extension of the 
administrative deadline.

[65 FR 46339, July 28, 2000]

Sec. 1.15  General provisions respecting release of records.

    (a) When releasing documents, agencies shall provide the record in 
any form or format the requester specifies, if the record is readily 
reproducible in that form of format. Agencies shall make reasonable 
efforts to maintain their records in forms or formats that are 
reproducible. In responding to requests for records, agencies shall make 
reasonable efforts to search for records in electronic form or format, 
except when such efforts would significantly interfere with the 
operation of an agency's automated information system. Such 
determinations shall be made on a case-by-case basis.
    (b) In the event a requested record contains some portions that are 
exempt from mandatory disclosure and others that are not, the official 
responding to the request shall ensure that all reasonably segregable 
nonexempt portions are disclosed, and that all exempt portions are 
identified according to the specific exemption or exemptions which are 
applicable. The amount of deleted information shall be indicated on the 
released portion of paper records. Deletions may be marked by use of 
brackets or darkened areas indicating removal of information, or by any 
other method that would reasonable demonstrate the extent of the 
deletion. In the case of electronic deletion, or deletion in audiovisual 
or microfiche records, if technically feasible, the amount of redacted 
information shall be indicated at the place in the records, if 
technically feasible, the amount of redacted information shall be 
indicated at the place in the record where such deletion was made. This 
may be done by use of brackets, shaded areas, or some other identifiable 
technique which will clearly show the limits of the deleted information.
    (c) If, in connection with a request or an appeal, a charge is to be 
made in accordance with sec. 8 of appendix A to this subpart, agencies 
shall inform the requester of the fee amount and of the basis for the 
charge. Each agency, in accordance with sec. 8 of appendix A to this 
subpart, may require payment of the entire fee, or a portion of the fee, 
before it provides the requested records. An agency shall require full 
payment of any delinquent fee owed by the requester plus any applicable 
interest prior to releasing records on a subsequent request or appeal. 
If a requester refuses to remit payment in advance, an agency may refuse 
to process the request or appeal with written notice to that effect 
forwarded to the requester. The ``date of receipt'' appeal for which 
advance payment has been required shall be the date that payment is 
received.
    (d) In the event compliance with the request or appeal involves 
inspection of records by the requester rather than providing copies of 
the records, the agency response shall include the name, mailing 
address, and telephone number of the person to be contacted to arrange a 
mutually convenient time for such inspection.
    (e) Whenever duplication fees, or search fees for unsuccessful 
searches (see sec. 4(f) of appendix A to this subpart), are anticipated 
to exceed $25.00, and the requester has not indicated, in advance, a 
willingness to pay fees as high as those anticipated, agencies shall 
notify the requester of the amount of the anticipated fee. If an 
extensive and therefore costly successful search is anticipated, 
agencies also

[[Page 14]]

should notify requesters of the anticipated fees. The notification shall 
offer the requester the opportunity to confer with agency personnel to 
reform the request to meet the requester's needs at a lower fee. In 
appropriate cases, an advance deposit in accordance with sec. 8 of 
appendix A to this subpart may be required.

[65 FR 46340, July 28, 2000]

Sec. 1.16  Extension of administrative deadlines.

    (a) In unusual circumstances as specified in this section, when 
additional time is needed to respond to the initial request or to an 
appeal, agencies shall acknowledge the request or the appeal in writing 
within the 20 working day time period, describe the unusual 
circumstances requiring the delay, and indicate the anticipated date for 
a substantive response that may not exceed 10 additional working days, 
except as provided in the following:
    (1) In instances in which the agency, with respect to a particular 
request, has extended the response date by 10 additional working days, 
if the agency finds that it cannot make a response determination within 
the additional 10 working day period, the agency shall notify the 
requester and provide the requester an opportunity to limit the scope of 
the request to allow the agency to process the request within the 
extended time limit, or an alternative time frame for processing the 
request or a modified request.
    (2) If the requester refuses to reasonably modify the request or 
arrange for an alternative time frame for processing the request, the 
FOIA provides that such refusal shall be considered as a factor in 
determining whether there are exceptional circumstances that warrant 
granting additional time for the agency to complete its review of the 
records, as set forth in 5 U.S.C. 552(a)(6)(C)(iii). The term 
``exceptional circumstances'' does not include a delay that results from 
a predictable agency backlog, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
    (b) As used in this section, ``unusual circumstances'' that may 
justify delay are:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another Department or agency having a 
substantial interest in the determination of the request or among two or 
more components of agency having substantial subject-matter interest in 
the request.

    Note to paragraph (b): Consultation regarding policy or legal issues 
between an agency and the Office of the General Counsel, Office of 
Communications, or the Department of Justice is not a basis for 
extension under this section.

    (c) The 10-day extension authorized by this section may be divided 
between the initial and appellate reviews, but in no event shall the 
total extension exceed 10 working days.
    (d) Nothing in this section shall preclude the agency and the 
requester from agreeing to an extension of time. Any such agreement 
should be confirmed in writing and should specify clearly the total time 
agreed upon.

[65 FR 46340, July 28, 2000]

Sec. 1.17  Failure to meet administrative deadlines.

    In the event an agency fails to meet the administrative deadlines 
set forth in Secs. 1.7 or 1.14, plus any extension authorized by 
Sec. 1.16, it shall notify the requester, state the reasons for the 
delay, and the date by which it expects to dispatch a determination. 
Although the requester may be deemed to have exhausted his or her 
administrative remedies under 5 U.S.C. 552(a)(6)(C), the agency shall 
continue processing the request as expeditiously as possible and 
dispatch the determination when it is reached in the same manner and 
form as if it had been reached within the applicable deadline.

[65 FR 46341, July 28, 2000]

[[Page 15]]

Sec. 1.18  Fee schedule.

    Pursuant to Sec. 2.28 of this title, the Chief Financial Officer is 
delegated authority to promulgate regulations providing for a uniform 
fee schedule applicable to all agencies of the Department regarding 
requests for records under this subpart. The regulations providing for a 
uniform fee schedule are found in appendix A to this subpart.

[65 FR 46341, July 28, 2000]

Sec. 1.19  Exemptions and discretionary release.

    (a) All agency records, except those specifically exempted from 
mandatory disclosure by one or more provisions of 5 U.S.C. 552(b), shall 
be made promptly available to any person submitting a request under this 
subpart.
    (b) Agencies are authorized, in their sole discretion, to make 
discretionary releases when such release is not otherwise specifically 
prohibited by Executive Order, statute, or regulation.

[65 FR 46341, July 28, 2000]

Sec. 1.20  Annual report.

    (a) Each agency of the Department shall compile the following 
Freedom of Information Act statistics on a fiscal year basis beginning 
October 1, 1997, and report the following information to the Office of 
Communications no later than November 30 following the fiscal year's 
close:
    (1) The number of requests for records received and the number of 
requests which were processed;
    (2) The number of determinations made not to comply with initial 
requests for records made to it under Sec. 1.5(a), and the reasons for 
each such determinations;
    (3) The number of appeals made by persons under Sec. 1.14(b), the 
result of such appeals, and the reason for the action upon each appeal 
that results in a denial of information.
    (4) A complete list of all statutes that the agency relies upon to 
authorize the agency to withhold information under 5 U.S.C. 552(b)(3), a 
description of whether a court has upheld the decision of the agency to 
withhold information under each such statute, and a concise description 
of the scope of any information withheld;
    (5) The number of requests for records pending before the agency as 
of September 30 of the preceding year, and the median number of days 
that such requests had been pending before the agency as of that date:
    (6) The median number of days taken by the agency to process 
different types of requests;
    (7) The total amount of fees collected by the agency for processing 
requests;
    (8) The number of full-time staff of the agency devoted to 
processing requests for records under this section, and the total amount 
expended by the agency for processing such requests.
    (b) Each agency shall compile the information required by paragraph 
(a) of this section for the preceding fiscal year into a report and 
submit this report to the Director of Communications, Office of 
Communications, no later than November 30 following the fiscal year's 
close.
    (c) The Director of Communications, Office of Communications, shall 
combine the reports from all the agencies within USDA into a 
Departmental report, and shall submit to the Attorney General on or 
before February 1 of each year in accordance with 5 U.S.C. 552(e).
    (d) Each agency shall make the report available to the public 
including by computer telecommunications, or if computer 
telecommunications means have not been established by the agency, by 
other electronic means.

[65 FR 46341, July 28, 2000]

Sec. 1.21  Compilation of new records.

    Nothing in 5 U.S.C. 552 or this subpart requires that any agency 
create a new record in order to fulfill a request for records. However, 
an agency is required to provide a record in a form or format specified 
by a requester, if the record is readily reproducible by the agency in 
the form or format requested. Creation of records may be undertaken 
voluntarily if the agency determines this action to be in the public 
interest or the interest of USDA.

[65 FR 46341, July 28, 2000]

Sec. 1.22  Authentication.

    When a request is received for an authenticated copy of a document 
which

[[Page 16]]

the agency determines to make available to the requesting party, the 
agency shall cause a correct copy to be prepared and sent to the Office 
of the General Counsel which shall certify the same and cause the seal 
of the Department to be affixed, except that the Hearing Clerk in the 
Office of Administrative Law Judges may authenticate copies of documents 
in the records of the Hearing Clerk and that the Director of the 
National Appeals Division may authenticate copies of documents in the 
records of the National Appeals Division.

[65 FR 46341, July 28, 2000]

Sec. 1.23  Records in formal adjudication proceedings.

    Records in formal adjudication proceedings are on file in the 
Hearing Clerk's office, Office of Administrative Law Judges, U.S. 
Department of Agriculture, Washington, DC 20250, and shall be made 
available to the public.

[65 FR 46341, July 28, 2000]

Sec. 1.24  Preservation of records.

    Agencies shall preserve all correspondence relating to the requests 
it receives under this subpart, and all records processed pursuant to 
such requests, until such time as the destruction of such correspondence 
and records is authorized pursuant to Title 44 of the United States 
Code, and appropriate records disposition authority granted by NARA. 
Under no circumstances shall records be sent to a Federal Records 
Center, transferred to the permanent custody of NARA, or destroyed while 
they are the subject of a pending request, appeal, or civil action under 
the FOIA.

[65 FR 46341, July 28, 2000]

Sec. 1.25  Implementing regulations for the Office of the Secretary and 
          the Office of Communications.

    (a) For the Office of the Secretary and for the Office of 
Communications, the regulations required by Sec. 1.3 are as follows:
    (1) Records available for public inspection and copying may be 
obtained in Room 536-A, Jamie L. Whitten Federal Building, USDA, 
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m. by prior 
appointment;
    (2) Any indexes and supplements which are maintained in accordance 
with the requirements of 5 U.S.C. 552(a)(2) and Sec. 1.5(b) will also be 
available in Room 536-A, Jamie L. Whitten Federal Building, USDA, 
Washington, DC 20250 during the hours of 9 a.m. to 5 p.m.;
    (3) The person authorized to receive Freedom of Information Act 
requests and to determine whether to grant or deny such requests is the 
FOIA Officer, Office of Communications, USDA, Washington, DC 20250;
    (4) The official authorized to receive appeals from denial of FOIA 
requests and to determine whether to grant or deny such appeals is the 
Director of Communications, Office of Communications, USDA, Washington, 
DC 20250.
    (b) The organization and functions of the Office of the Secretary 
and the Office of Communications is as follows:
    (1) The Office of the Secretary provides the overall policy guidance 
and direction of the activities of the Department of Agriculture. 
Department-wide policy statements and announcements are made from this 
office.
    (2) The Office of the Secretary consists of the Secretary, Deputy 
Secretary, Under Secretaries, Assistant Secretaries, and other staff 
members.
    (3) In the absence of the Secretary and the Deputy Secretary, 
responsibility for the operation of the Department of Agriculture is as 
delegated at part 2, subpart A, of this title.
    (4) The Office of Communications provides policy direction, review, 
and coordination of public information programs of the Department of 
Agriculture. The Office of Communications has responsibility for 
maintaining the flow of information to the mass communications media, 
various constituency groups, and the general public.
    (5) The Office of Communications is headed by the Director of 
Communications. In the Director's absence, the Office of Communications 
is headed by the Deputy Director.

[65 FR 46341, July 28, 2000]

[[Page 17]]

                  Appendix A to Subpart A--Fee Schedule

                           Section 1. General.

    This schedule sets forth fees to be charged for providing copies of 
records--including photographic reproductions, microfilm, maps and 
mosaics, and related services--under the Freedom of Information Act 
(FOIA). Records and related services are available at the locations 
specified by agencies in their FOIA implementing regulations. The fees 
set forth in this schedule are applicable to all agencies of the 
Department of Agriculture, and are based upon guidelines prescribed by 
the Office of Management and Budget (OMB) issued at 52 FR 10012 (March 
27, 1987). No higher fees or charges in addition to those provided for 
in this schedule may be charged a party requesting services under the 
Freedom of Information Act.

       Section 2. Types of services for which fees may be charged.

    Subject to the criteria set forth in section 5 of this appendix, 
fees may be assessed under the Freedom of Information Act on all 
requests involving such services as record search, duplication, and 
review. Fees may also be charged in situations involving special service 
to a request, such as certifying that records requested are true copies, 
or sending records by special methods such as express mail, etc. For 
services not covered by the FOIA or by this appendix, agencies may set 
their own fees in accordance with applicable law, or costs incurred will 
be assessed the requester at the actual cost to the Government. For 
example, where records are required to be shipped from one office to 
another by commercial carrier in order to timely answer a request, the 
actual freight charge will be assessed the requester.

         Section 3. Instances in which fees will not be charged.

    (a) Except for requests seeking records for a commercial use (as 
specified in section 5 of this appendix), no charge shall be made for 
either: (1) The first 100 pages of duplicated records (8\1/2\" x 14" or 
smaller-size paper); or (2) The first two hours of manual search time, 
or the equivalent value of computer search time as defined in section 
4(e) of this appendix.
    (b) No charge shall be made--even to commercial use requesters--if 
the cost of collecting a fee would be equal to or greater than the fee 
itself. For USDA, this figure has been calculated to be $25.00.
    (c) Fees may not be charged for time spent by an agency employee in 
resolving legal or policy issues, or in monitoring a requester's 
inspection of agency records. No charge shall be made for normal postage 
costs.
    (d) Records shall also be furnished without charge under the 
following conditions:
    (1) When filling requests from other Departments or Government 
agencies for official use, provided quantities requested are reasonable 
in number;
    (2) When members of the public provide their own copying equipment, 
in which case no copying fee will be charged (although search and review 
fees may still be assessed); or
    (3) When any notices, decisions, orders, or other materials are 
required by law to be served on a party in any proceeding or matter 
before any Department agency.

            Section 4. Fees for records and related services.

    (a) The fee for photocopies of pages 8\1/2\" x 14" or smaller shall 
be $0.20 per page (per individual side of sheet).
    (b) The fee for photocopies larger than 8\1/2\" x 14" shall be $0.50 
per linear foot of the longest side of the copy.
    (c) The fee for other forms of duplicated records, such as 
microform, audio-visual materials, or machine-readable documentation 
(i.e., magnetic tape or disk), shall be the actual direct cost of 
producing the records.
    (d) Manual searches shall be charged for in one of the two following 
manners in the given order:
    (1) When feasible, at the salary rate of the employee conducting the 
search, plus 16 percent of the employee's basic pay; or
    (2) Where a homogeneous class of personnel is used exclusively, at 
the rate of $10.00 per hour for clerical time, and $20.00 per hour for 
supervisory or professional time. Charges should be computed to the 
nearest quarter hour required for the search. A homogeneous class of 
personnel, for purposes of conducting manual searches and where more 
than one individual is involved, is a group of employees of like rank, 
grade, pay or position. A heterogeneous class of personnel is a group of 
employees of unlike rank, grade, pay, or position. If a heterogeneous 
class of personnel is involved in a search then the search shall be 
charged for at the salary rate of the individuals.
    (e) Mainframe computer searches and services shall be charged for at 
the rates established in the Users Manual or Handbook published by the 
computer center at which the work will be performed. Where the rate has 
not been established, the rate shall be $27.00 per minute. Searches 
using computers other than mainframes shall be charged for at the manual 
search rate.
    (1) Other rates are published and may be examined at the following 
places:

Fort Collins Computer Center Users Manual
    Fort Collins Computer Center, U.S. Department of Agriculture, 3825 
East Mulberry Street (P.O. Box 1206), Fort Collins, Colo. 80521.

[[Page 18]]

National Finance Center, Cost, Productivity & Analysis Section, U.S. 
          Department of Agriculture, 13800 Old Gentilly Road, New 
          Orleans, La. 70129.
Kansas City Computer Center Users Manual Kansas City Computer Center, 
          U.S. Department of Agriculture, 8930 Ward Parkway (P.O. Box 
          205), Kansas City, MO. 64141.
Washington Computer Center Users Handbook: Washington Computer Center, 
          U.S. Department of Agriculture, Room S-100, South Building, 
          12th Street and Independence Avenue, SW., Washington, DC 
          20250.
St. Louis Computer Center, U.S. Department of Agriculture, 1520 Market 
          Street, St. Louis, MO. 63103.

    (f) Charges for unsuccessful searches, or searches which fail to 
locate records or which locate records which are exempt from disclosure, 
shall be assessed at the same fee rate as searches which result in 
disclosure of records.
    (g) The fee for providing review services shall be the hourly salary 
rate (i.e., basic pay plus 16 percent) of the employee conducting the 
review to determine whether any information is exempt from mandatory 
disclosure.
    (h) The fee for Certifications shall be $5.00 each; Authentications 
under Department Seal (including aerial photographs), $10.00 each.
    (i) All other costs incurred by USDA agencies will be assessed the 
requester at the actual cost to the Government.
    (j) The fees specified in paragraphs (a) through (g) of this section 
apply to all requests for services under the FOIA, unless no fee is to 
be charged, or the agency has determined to waive or reduce those fees 
pursuant to section 6 of this appendix. No higher fees or charges in 
addition to those provided for in this appendix may be charged for 
services under the FOIA.
    (k) The fees specified in paragraphs (h) and (i) of this section and 
in section 17 of this appendix apply to requests for services other than 
those subject to the FOIA. The authority for establishment of these fees 
is at 31 U.S.C. 9701 and other applicable laws.
    (l) Except as provided in section 11 of this appendix, for services 
not subject to the FOIA, and not covered by paragraph (h) of this 
section, agencies may set their own fees in accordance with applicable 
law.

       Section 5. Levels of fees for each category of requesters.

    Under the FOIA, there are four categories of FOIA requesters: 
Commercial use requesters, educational and non-commercial scientific 
institutions; representatives of the news media; and all other 
requesters. FOIA prescribes specific levels of fees for each category:
    (a) Commercial use requesters--For commercial use requesters, 
agencies shall assess charges which recover the full direct costs of 
searching for, reviewing for release, and duplicating the records 
sought. Commercial use requesters are not entitled to the free search 
time or duplication referenced in section 3(a) of this appendix. 
Agencies may recover the cost of searching for and reviewing records for 
commercial use requesters even if there is ultimately no disclosure of 
records.
    (1) A commercial use requester is defined as one who seeks 
information for a use or purpose that furthers the commercial, trade, or 
profit interests of the requester or the person on whose behalf the 
request is made.
    (2) In determining whether a requester properly belongs in this 
category, agencies must determine whether the requester will put the 
records to a commercial use. Where an agency has reasonable cause to 
doubt the use to which a requester will put the records sought, or where 
that use is not clear from the request itself, the agency may seek 
additional clarification from the requester.
    (b) Educational and non-commercial scientific institution 
requesters--Fees for this category of requesters shall be limited to the 
cost of providing duplication service alone, minus the charge for the 
first 100 reproduced pages. No charge shall be made for search or review 
services. To qualify for this category, requesters must show that the 
request is being made as authorized by and under the auspices of an 
eligible institution and that the records are not sought for a 
commercial use, but are sought in furtherance of scholarly research (if 
the request is from an educational institution) or scientific research 
(if the request is from a non-commercial scientific institution).
    (1) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, which operates a program or programs of scholarly research.
    (2) The term non-commercial scientific institution refers to 
institution that is not operated on a ``commercial'' (see section 
5(a)(1)) of this appendix basis, and which is operated solely for the 
purpose of conducting scientific research the results of which are not 
intended to promote any particular product or industry.
    (c) Requesters who are representatives of the news media--Fees for 
this category of requesters shall also be limited to the cost of 
providing duplication service alone, minus the charge for the first 100 
reproduced pages. No charge shall be made for providing search or review 
services. Requests in this category must not be made for a commercial 
use.

[[Page 19]]

    (1) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public.
    (2) The term news means information that is about current events or 
that would be of current interest to the public.
    (3) Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals which disseminate news and who make their products available 
for purchase or subscription by the general public.
    (4) Freelance journalists may be regarded as working for a news 
organization if they can demonstrate a solid basis for expecting 
publication through that organization, even though not actually employed 
by it.
    (d) All other requesters--Fees for requesters who do not fit into 
the categories described in paragraphs (a), (b), or (c) of this section 
shall be assessed for the full reasonable direct cost of searching for 
and duplicating records that are responsive to a request. No charge, 
however, shall be made to requesters in this category for: (1) The first 
100 duplicated pages; or (2) the first two hours of manual search time, 
or the equivalent value of computer search time as defined in section 
4(e) of this appendix.

                 Section 6. Fee waivers and reductions.

    (a) Agencies shall waive or reduce fees on request for records if 
disclosure of the information in the records is deemed to be in the 
public interest. A request is in the public interest if it is likely to 
contribute significantly to public understanding of the operations or 
activities of the government, and is not primarily in the commercial 
interest of the requester.
    (1) In determining when fees shall be waived or reduced, agencies 
should consider the following six factors:
    (i) The subject of the request, i.e., whether the subject of the 
requested records concerns ``the operations or activities of the 
government'';
    (ii) The informative value of the information to be disclosed, i.e., 
whether the disclosure is ``likely to contribute'' to an understanding 
of government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure, i.e., whether 
disclosure of the requested information will contribute to ``public 
understanding'';
    (iv) The significance of the contribution to public understanding, 
i.e., whether the disclosure is likely to contribute ``significantly'' 
to public understanding of government operations or activities;
    (v) The existence and magnitude of a commercial interest, i.e., 
whether the requester has a commercial interest that would be furthered 
by the requested disclosure; and,
    (vi) The primary interest in disclosure, i.e., 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) An agency may, in its discretion, waive or reduce fees 
associated with a request for disclosure, regardless of whether a waiver 
or reduction has been requested, if the agency determines that 
disclosure will primarily benefit the general public.
    (3) Agencies may also waive or reduce fees under the following 
conditions:
    (i) Where the furnishings of records or a service without charge or 
at a reduced rate is an appropriate courtesy to a foreign country or 
international organization, or where comparable fees are set on a 
reciprocal basis with a foreign country or an international 
organization;
    (ii) Where the requester is engaged in a nonprofit activity designed 
for the public safety, health, or welfare; or
    (iii) Where it is determined that payment of the full fee by a State 
or local government or nonprofit group would not be in the interest of 
the program involved.
    (4) Fees shall be waived, however, without discretion in all 
circumstances where the amount of the fee is $25.00 or less.

                Section 7. Restrictions regarding copies.

    (a) Agencies may restrict numbers of photocopies and directives 
furnished the public to one copy of each page. Copies of forms provided 
the public shall also be held to the minimum practical. Persons 
requiring any large quantities should be encouraged to take single 
copies to commercial sources for further appropriate reproduction.
    (b) Single or multiple copies of transcripts, provided to the 
Department under a reporting service contract, may be obtained by the 
public from the contractor at a cost not to exceed the cost per page 
charged to the Department for extra copies. The contractor may add a 
postage charge when mailing orders to the public, but no other charge 
may be added.

                Section 8. Payments of fees and charges.

    (a) Payments should be billed for to the fullest extent possible at 
the time the requested materials are furnished. Payments should be made 
by requesters within 30 days of the date of the billing.
    (b) Payments shall be made by check, draft, or money order made 
payable to the Treasury of the United States, although payments may be 
made in cash, particularly where services are performed in response to a 
visit to a Department office. All payments should be sent to the address 
indicated by the agency responding to the request.

[[Page 20]]

    (c) Where the estimated fees to be charged exceed $250.00, agencies 
may require an advance payment of an amount up to the full estimated 
charges (but not less than 50 percent) from the requester before any of 
the requested materials are reproduced.
    (d) In instances where a requester has previously failed to pay a 
fee, an agency may require the requester to pay the full amount owed, 
plus any applicable interest as provided in section 9 of this appendix, 
as well as the full estimated fee associated with any new request before 
the agency begins to process that new or subsequent request.

                      Section 9. Interest charges.

    On requests that result in fees being assessed, agencies may begin 
levying interest charges on an upaid bill starting on the 31st day 
following the day on which the billing was sent. Interest will be at the 
rate prescribed in 31 U.S.C. 3717, and will accrue from the date of the 
billing.

         Section 10. Effect of the Debt Collection Act on fees.

    In attempting to collect fees levied under the FOIA, agencies shall 
abide by the provisions of 31 U.S.C. 3701, 3711-3720A, in disclosing 
information to consumer reporting agencies and in the use of collection 
agencies, where appropriate, to encourage payment.

Section 11. Photographic and digital reproductions of microfilm, aerial 
                           imagery, and maps.

    Microfilm, aerial imagery, and maps that have been obtained in 
connection with the authorized work of this Department may be sold at 
the estimated cost of furnishing reproductions of these records, using 
photographic, digital, or other methods of reproduction as prescribed in 
this appendix.

     Section 12. Agencies which furnish photographic reproductions.

    (a) Aerial Photographic reproductions. The following agency of the 
Department furnishes aerial photographic reproductions:
    Farm Service Agency (FSA), Aerial Photography Field Office (APFO), 
USDA, 2222 West 2300 South, Salt Lake City, Utah 84119-2020.
    (b) Other photographic reproductions. Other types of reproductions 
may be obtained from the following agency of the Department:
    National Agricultural Library, Agricultural Research Service, USDA, 
Office of the Deputy Director, Technical Information Systems, Room 200, 
NAL Building, Beltsville, MD 20705.

  Section 13. Circumstances under which reproductions may be provided 
                                  free.

    Reproductions may be furnished free at the discretion of the agency, 
if it determines that furnishing free reproductions is in the public 
interest, to:
    (a) Representatives of the news media for dissemination to the 
general public.
    (b) Agencies of State and local governments carrying on a function 
related to that of the Department when it will help to accomplish an 
objective of the Department.
    (c) Cooperators and others furthering agricultural programs. 
Generally, only one print of each photograph should be provided free.

                           Section 14. Loans.

    Aerial photographic film negatives or reproductions may not be 
loaned outside the Federal Government.

    Section 15. Sales of positive prints under government contracts.

    The annual contract for furnishing single and double frame slide 
film negatives and positive prints to agencies of the Department, County 
Extension Agents, and others cooperating with the Department, carries a 
stipulation that the successful bidder must agree to furnish slide film 
positive prints to such persons, organizations, and associations as may 
be authorized by the Department to purchase them.

               Section 16. Procedure for handling orders.

    In order to expedite handling, all orders should contain adequate 
identifying information. Agencies furnishing aerial photographic 
reproductions require that all such orders identify the photographs. 
Each agency has its own procedure and order forms.

                    Section 17. Reproduction prices.

    The prices for reproductions listed in this section are for the most 
generally requested items.
    (a) National Agricultural Library. The following prices are 
applicable to National Agricultural Library items only: Reproduction of 
electrostatic, microfilm, and microfiche copy--$5.00 for the first 10 
pages or fraction thereof, and $3.00 for each additional 10 pages or 
fraction thereof. Duplication of NAL-owned microfilm--$10.00 per reel. 
Duplication of NAL-owned microfiche--$5.00 for the first fiche, and 
$0.50 for each additional fiche. Charges for manual and automated data 
base searches for bibliographic or other research information will be 
made in accordance with section 4, paragraphs (c)-(e) of this appendix. 
The contract rate charged by the commercial source to the National 
Agricultrual Library for computer services is available at the National 
Agricultural Library, Agricultural Research Service, USDA, Document 
Delivery Services Branch, 10301 Baltimore Boulevard, Beltsville, 
Maryland 20705-2351 (301-504-6503).
    (b) General photographic reproductions. Minimum charge $1 per order. 
An extra charge

[[Page 21]]

may be necessary for excessive laboratory time caused by any special 
instructions from the purchaser.

------------------------------------------------------------------------
                     Class of work and unit                        Price
------------------------------------------------------------------------
1. Black and white line negatives:
    4 by 5 (each................................................   $6.00
    8 by 10 (each)..............................................    8.50
    11 by 14 (each).............................................   11.00
2. Black and white continuous tone negatives:
    4 by 5 (each)...............................................    8.50
    8 by 10 (each)..............................................   11.00
3. Black and white enlargements: 8 by 10 and smaller (each).....    6.50
    11 by 14 (each).............................................   11.00
    Larger sizes and quantities.................................   (\1\)
4. Black and white slides:
    2 x 2 cardboard mounted (from copy negative) (each).........    4.00
    Blue ozalid slides (each)...................................    5.00
5. Color slides: (2 x 2 cardboard mounted):
    Duplicate color slides:
        Display quality (each) (Display color slides are slides      .65
         copied from 35mm color slides only)....................
        Repro quality (each)....................................   (\1\)
        Original color slides (from flat copy) (each)...........    6.50
6. Color enlargements and transparencies: 4 by 5 and larger.....   (\1\)
7. Slide sets:
    1 to 50 frames..............................................   14.50
    51 to 60 frames.............................................   16.50
    61 to 75 frames.............................................   18.50
    76 to 95 frames.............................................   21.50
    96 to 105 frames............................................   23.00
    106 to 130 frames (Prices include printed narrative guide)..   26.50
8. Cassettes: (for the corresponding slide sets above)..........    3.00
------------------------------------------------------------------------
\1\ By quotation.

    (c) General aerial photographic reproductions. The prices for 
various types of aerial photographic reproductions are set forth in this 
paragraph. Size measurements refer to the approximate size in inches of 
the paper required to produce the reproduction.

------------------------------------------------------------------------
                          Size                                 Price
------------------------------------------------------------------------
              Black and White Reproductions
------------------------------------------------------------------------
10 x 10 Paper...........................................           $5.00
10 x 10 Film Positive...................................           10.00
10 x 10 Film Positive AT................................           10.00
10 x 10 Film Positive Scan..............................           15.00
10 x 10 Film Duplicate Negative.........................            3.00
10 x 10 Film Internegative..............................            4.50
12 x 12 Paper...........................................           12.00
17 x 17 Paper...........................................           13.00
17 x 17 Film Positive...................................           25.00
24 x 24 Paper...........................................           16.00
24 x 24 Film Positive...................................           40.00
38 x 38 Paper...........................................           50.00
38 x 38 Film Positive...................................           55.00
20 x 24 Paper Photo Index...............................           20.00
Paper Line Index........................................           15.00
Mylar Line Index........................................           35.00
Microfilm (Photo Indexes): Aperture Cards...............           10.00

Microfilm (Photo Indexes): Microfiche...................           10.00
              Color Negative Reproductions
------------------------------------------------------------------------
10 x 10 Paper Quantities:
    1-50................................................           $7.00
    51-1000.............................................            5.00
    1001 & Over.........................................            2.50
10 x 10 Film Positive...................................           33.00
20 x 20 Paper...........................................           40.00
24 x 24 Paper...........................................           55.00

38 x 38 Paper...........................................           70.00
          Color Infrared Positive Reproductions
------------------------------------------------------------------------
10 x 10 Paper...........................................          $12.00
10 x 10 Film Positive...................................           15.00
10 x 10 Film Positive AT................................           15.00
10 x 10 Film Positive Scan..............................           20.00
20 x 20 Paper...........................................           32.00
24 x 24 Paper...........................................           40.00
38 x 38 Paper...........................................           70.00
------------------------------------------------------------------------

    (d) [Reserved]
    (e) Special needs. For special needs not covered elsewhere in this 
section, persons desiring aerial photographic reproductions should 
contact the aerial photography coordinator,

[[Page 22]]

Farm Service Agency (FSA), Aerial Photography Field Office, USDA-FSA, 
2222 West 2300 South, P.O. Box 30010, Salt Lake City, Utah 84125.
    (f) Audio and videotape reproductions. For reproductions of audio-
videotapes, requesters must supply their own recording tape, and will be 
assessed a fee of $25.00 an hour for copying work requested. There is a 
one-hour minimum charge. Payment is required at the time video or 
audiotapes are accepted by the requester.

[52 FR 49386, Dec. 31, 1987, as amended at 62 FR 33980, June 24, 1997; 
64 FR 3395, Jan. 22, 1999]
