Miscellaneous Rules

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BILUNG CODE 4910-13-M FEDERAL TRADE COMMISSION 16 CFR Part 4 Miscellaneous Rules AGENCY: Federal Trade Commission. a c t io n : Final Rule. SUMMARY: On August 9,1989, the Federal Trade Commission (“FTC") requested comments on proposed amendments to its rules to reflect the amendments -to the fee and fee waiver provisions of the Freedom of Information Act (“FOLA”), as embodied in the Freedom of Information Reform Act of 1986 (“Reform Act”), and guidelines promulgated by the Office of Management and Budget pursuant to the Reform Act amendments. 54 FR 32654. Amendments were also proposed to reduce certain fees and increase others to reflect changes in, or more accurate information about, the costs of providing services, and authorize the use of credit cards to pay fees. In addition, amendments were proposed to make all of the fee and fee waiver provisions applicable not only to FOIA requests, but also to requests for public records .and to requests from other government agencies seeking information for purposes other than law enforcement. To this end, Rule 4.8 is restructured to include all provisions generally relating to fees and fee waivers for agency records. Other provisions of the current rule, which pertain only to public records, are moved to Rule 4.9. In addition to changes pertaining to fees and fee waivers, the amendments proposed changes to conform Rule 4.10 (“Nonpublic records”) to the provisions of the Reform Act that expand the exemption for investigative records, and that create new categories for records that are not subject to the FOIA. The FTC has also determined to expand existing delegations, and to authorize the Director of the Information Services Division to decide issues relating to requests for copies of public documents, to decide issues relating to initial requests under the FOIA and the

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Federal Register / Vol. 57, No. 62 / Tuesday, March 31, 1992 / Rules and Regulations 10805 Privacy Act, and to limit public use of copying facilities. The final rule also corrects cross-references found in Rules 4.7, 4.9, and 4.13.

EFFECTIVE DATE; March 31,1992. FOR FURTHER INFORMATION CONTACT: Keith Golden, Information Services Division, Federal Trade Commission, 6th & Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2410. SUPPLEMENTARY INFORMATION: I. Previous Proposed Rule All of the changes to the Rules that were proposed by the Commission on August 9,1989 have been incorporated as proposed. See 54 FR 32654. No comments were received regarding those proposals, and the FTC has determined to adopt the proposals without change. Public comment is not required on either the delegation of authority or the technical corrections. See 5 U.S.C. 553(b)(A). II. Delegation of Authority to Consider Access Requests The Commission has also determined to expand existing delegations and authorize the Director of the Information Services Division to exercise authority that can now be exercised by the Deputy Executive Director for Planning and Information under its access rules. The Director of the Information Services Division, as well as the Deputy Executive Director for Planning and information, will therefore be authorized to decide issues relating to requests for copies of public documents, to decide issues relating to initial requests under the FOIA and the Privacy Act, and to limit public use of copying facilities. The rules affected by this change include: Rules 4.8(c), (e), (g), and (h); Rules 4.9(a)(4); Rules 4.11(a)(l)(iÜ)(A), (B), and (C); Rules 4.11(a)(l)(iv)(A), (B), and (C); Rules 4.11(a)(2)(ii) (A) and (B); and Rules 4.13(e), (f), (h), (i)(l), and (j). III. Technical Correctio'ns A. Rule 4.7(c) Procedures for handling ex porte communications are outlined in Rule 4.7(c). That rule indicates that the Secretary shall make relevant portions of such information part of the Commission’s public record and references Rule 4.8. That reference is in error. The correct reference is to Rule 4.9, which describes the types of documents that are routinely made public by the Commission. The change to Rule 4.7(c) corrects that typographical error.

B. Rule 4.9(a)(2) In 1987 the Commission delegated authority to the General Counsel to authorize the use of nonpublic information on the basis that the use is in the public interest and will be used for teaching, lecturing, or writing purposes by Commission employees. 52 FR 34765 (September 15,1987). That delegation of authority is found in Rule 5.12(c). 16 CFR 5.12(c). Rule 4.9(a)(2) references that rule, but was inadvertently not revised when Rule 5.12(c) was amended. The change in Rule 4.9(a)(2) corrects that oversight and clearly states that the General Counsel may make nonpublic records available under the provisions of Rule 5.12(c). C. Rule 4.13(k) The cross-reference citation to the Commission’s fee schedule is changed to reflect the renumbering of the rule containing that fee schedule. List of Subjects in 16 CFR Part 4 Administrative practice and procedure, Freedom of Information Act. In consideration of the foregoing, the Commission amends title 16, chapter 1, subchapter A of the Code of Federal Regulations, as follows: PART 4—MISCELLANEOUS RULES 1. The authority for part 4 continues to read as follows:

Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 48. 2. Section 4.7(c)(3) is revised to read as follows:

§ 4.7 Ex parte communications. * * * * * (c) * * * (3) All written responses, and memoranda stating the substance of all oral responses, to the materials described in paragraphs (c)(1) and (2) of this section. The Secretary shall make relevant portions of any such materials part of the public record of the Commission, pursuant to § 4.9, and place them in the docket binder of the proceeding to which it pertains, but they will not be considered by the Commission as part of the record for purposes of decision unless introduced into evidence in the proceeding. The Secretary shall also send copies of the materials to or otherwise notify all parties to the proceeding. 3. Section 4.8(a) is redesignated as § 4.9(a)(3), and amended by adding a paragraph heading before the first sentence. In addition, § 4.9 is amended by revising paragraph (a)(2) and adding paragraph (a)(4) to read as follows: § 4.9 Public records.

(a) * * * (2) Records that are exempt from disclosure or are otherwise not available from the Commission’s public record may be made available for inspection and copying only upon request under the procedures set forth in § 4.11, or as provided in §§ 4.10(d)-(g), 4.13, and 4.15(b)(3), by the General Counsel under § 5.12(c), or by the Commission.

# * * * * (3) Location of Public Records. * * * ♦ * * .

* * (4) Copying of public records. (i) Procedures. Reseasonable facilities for copying public records are provided at each office of the Commission. Subject to appropriate limitations and the availability of facilities, any person may copy public records available for inspection at each of those offices. Further, the agency will provide copies to any person upon request. Written requests for copies of public records should be addressed to the Director of the Information Services Division, and should specify as clearly and accurately as reasonably possible the records desired. For records that cannot be specified with complete clarity and particularity, requesters must provide descriptions sufficient to enable qualified Commission personnel to locate the records sought. In any instance, the Commission, the Deputy Executive Director for Planning and information, the Director of the Information Services Division, or the official in charge of each office may prohibit the use of Commission facilities to produce more than one copy of any public record, and may refuse to permit the use of such facilities for copying records that have been published or are publicly available at places other than the offices of the Commission. (ii) Costs; agreement to pay costs. Requesters will be charged search and duplication costs prescribed by Rule 4.8 for requests under this section. All requests shall include a statement of the information needed to determine fees, as provided by § 4.8(c), and an agreement to pay fees (or a statement that the requester will not pay fees if a fee waiver is denied), as provided by § 4.8(d). Requests may also include an application for a fee waiver, as provided by § 4.8(e). Advance payment may be required, as provided by § 4.8(h). (iii) Records for sale at another government agency. If requested materials are available for sale at a another government agency, the requester will not be provided with

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10806 Federal Register / Voi 57, No. 62 / Tuesday, March 31, 1992 / Rides and^egulations copies of the materials but will be advised to obtain them from the selling agency.

4. Section 4.8 is revised to read as follows:

§ 4.8 Costs for obtaining Commission records.

(a) Definitions. For the purpose of this section:

(1) The term search includes all time spent looking for material that is responsive to a request, including pageby-page or line-by-line identification of material within documents. (2) The term duplication refers to the process of making a copy of a document in order to respond to a request for Commission records.

(3) The term review refers to the examination of documents located in response to a request to determine whether any portion of such documents may be withheld, and the reduction or other processing of documents for disclosure. Review does not include time spent resolving general legal or policy issues regarding the release of the document (4) The term direct costs means expenditures that the Commission actually incurs in processing requests. Not included in direct costs are overhead expenses such as costs of document review facilities or the costs of heating or lighting such a facility or other facilities in which records are stored. The direct costs of specific services are set forth in § 4.8(b)(6). (b) Fees. User fees pursuant to 31 U.S.C. 483(a) and 5 U.S.C. 552(a) shall be charged according to this paragraph. (1) Commercial use reques ters. Commercial use requesters will be charged for the direct costs to search for, review, and duplicate documents. A commercial use requester is a requester 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) Educational requesters, non­ commercial scientific institution requesters, and representative of the news media. Requesters in these categories will be charged for the direct costs to duplicate documents, excluding charges for the first 100 pages. An educational institution is 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. A non­ commercial scientific institution is an institution that is not operated on a commercial basis as that term is referenced in paragraph (b)(1) of this section, and that is operated solely to conduct scientific research the results of which are not intended to promote any particular product or industry. A representative of the news media is any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. News means information that is about current events or that would be of current interest to the public. (3) Other requesters. Other requesters will be charged for the direct costs to search for and duplicate documents, except that the first 100 pages of duplication and the first two hours of search time shall be furnished without charge.

(4) Waiver of small charges. Notwithstanding the provisions of paragraphs (b)(1), (2), and (3), charges will be waived if the total chargeable fees for a request do not exceed $5.00. (5) Materials available without charge. These provisions do not apply to recent Commission decisions and other materials that may be made available to aU requesters without charge while supplies last (6) Schedule of direct costà. The following uniform schedule of fees applies to records held by all constituent units of the Commission. Duplication Paper Copy (up to 8%' X 14") (Reproduced by Commission staff)—$0.14 per page (Reproduced by Requester)—$0.05 per page Computer Paper—$0.14 per page Microfilm Services Film Copy—Paper to 16mm film—$0.62 per frame Fiche Copy—Paper to 105mm fiche—$0.02 per frame + $0.23 per fiche Film Copy—Duplication of existing 100 ft roll of 16mm film—$3.35 per roll Fiche Copy—Duplication of existing 105mm fiche—$0.04 per roll Paper Copy—Converting existing 16mm film to paper (Conversion by Commission Staff)—$0.23 per page (Conversion by Requester)—$0.14 per page Paper Copy—Converting existing 105mm fiche to paper (Conversion by Commission Staff)—$0.23 per page (Conversion by Requester)—$0.14 per page Film Cassettes—$3.80 per cassette Other Charges Computer Tape—$18^0 per tape Certification—$10.35 each Express Mail—$5.00 for the first pound and $$9 for each additional pound, (per request) Search and Review Fees Agency staff is divided into three categories: clerical, attomey/economist. and other professional. Fees for search and review are assessed on a quarterhourly basis, and are ^determined by identifying the category into which the staff member(s) conducting the search or review belongfs), determining the average quarter-hourly wages of ail staff members within that category, and adding 16 percent to reflect the cost of additional benefits accorded to government employees. The exact fees are calculated and announced periodically and are available from the Public Reference Section, Federal Trade Commission, Sixth Street and Pennsylvania Avenue, NW., Washington, DC 20580; (202) 326-2222. (c) Information to determine fees. Each request for records shall set forth whether the request is made for other than commercial purposes and whether the requester is an educational institution, a noncommercial scientific institution, or a representative of the news media. The Deputy Executive Director for Planning and Information or the Director of the Information Services Division initially, or the General Counsel or Commission on appeal, will use this information, any additional information provided by the requester, and any other relevant information to determine the appropriate fee category in which to place the requester. (d) Agreement to pay fees. (1) Each request that does not contain an application for a fee waiver shall specifically indicate the requester’s willingness either.

(1) To pay, in accordance with § 4.8(b) of these rules, whatever fees may be charged for processing the request; or (ii) A willingness to pay such fees up to a specified amount (2) Each request that contains an application for a fee waiver must specifically indicate:

(i) The requester’s willingness to pay, in accordance with § 4.8(b) of the rules, whatever fees may be charged for processing the request; (ii) The requester’s willingness to pay fees up to a specified amount; or (iii) That the requester is not willing to pay fees if the waiver is not granted. (3) If the agreement required by this section is absent, and if die estimated fees exceed $25.00, the requester will be advised of the estimated fees and the request will not be processed until the requester agrees to pay such fees. (e) Public interest fee waivers—(1) Procedures. A requester may apply for a waiver of fees. The requester shall

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Federal Register / Yol. 57, No. 62 / Tuesday, March 31, 1992 / Rules and Regulations 10807 explain why a waiver is appropriate under the standards set forth in this paragraph. The application shall also include a statement, as provided by paragraph (d) of this section, of whether the requester agrees to pay costs if the waiver is denied. The Deputy Executive Director for Planning and Information or the Director of the Information Services Division initially, and the General Counsel or Commission on appeal, will rule on applications for fee waivers. (2) Standards, (i) The first requirement for a fee waiver is that disclosure will likely contribute significantly to public understanding of the operations or activities of the government. This requirement shall be met if: (A) The subject matter of the requested information concerns the operations or activities of the Federal government;

(B) The disclosure is likely to contribute to an understanding of these operations or activities; (C) The understanding to which disclosure is likely to contribute is the understanding of the public at large, as opposed to the understanding of the individual requester or a narrow segment of interested persons; and (D) The likely contribution to public understanding will be significant. (ii) The second requirement for a fee waiver is that the request not be primarily in the commercial interest of the requester. Satisfaction of this requirement shall be determined by considering:

(A) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (B) If so, whether the public interest in disclosure is outweighed by the identified commercial interest of the requester so'as to render the disclosure primarily in the requester’s commercial interest.

(f) Unsuccessful searches. Charges may be assessed foi search time even if the agency fails to locate any responsive records or if it locates'only records that are determined to be exempt from disclosure.

(g) Aggregating requests. If the Deputy Executive Director for Planning and Information or the Director of the Information Services Division initially, or the General Counsel or Commission on appeal, reasonably believes that a requester, or a group of requesters acting in concert, is attempting to evade an assessment of fees by dividing a single request into a series of smaller requests, the requests may be aggregated and fees charged accordingly.

(h) Advance payment. If the Deputy Executive Director for Planning and Information or the Director of the Information Service Division initially, or the General Counsel or Commission on appeal, estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250.00, or if the requester has previously failed to pay a fee within 30 days of the date of billing, the requester may be required to pay some or all of the total estimated charge in advance. Further, the requester may be required to pay all unpaid bills, including accrued interest, prior to processing the request. (i) Means of payment. Payment shall be made by check or money order payable to the Treasury of the United States, or by credit card. Procedures for paying fees by credit card are available from the Public Reference Section, Federal Trade Commission, Sixth Street and Pennsylvania Avenue, N.W., Washington, D.C 20580; (202) 326-2222. (j) Interest charges. The Commission will begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the bill was sent. Interest will accrue from the date of the billing, and will be calculated at the rate prescribed in 31 U.S.C. 3717. (k) Effect of the Debt Collection Act of 1982 (Pub. L. 97-365) The Commission may pursue repayment, where appropriate, by employing the provisions of the Debt Collection Act, Public Law 97-365), including disclosure to consumer reporting agencies and use of collection agencies.

5.

Section 4.10 is amended by revising paragraph (a)(5) and adding paragraph (a)(ll) to read as follows: § 4.10 Nonpubiic Information (a) * * * (5) Records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information: (i) Could reasonably be expected to interfere with enforcement proceedings; (ii) Would deprive a person of a right to a fair trial or an impartial adjudication;

(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

(iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (vi) Could reasonably be expected to endanger the life or physical safety of any individual.

* * ★ * * (11) Records in an investigation or proceeding that involves a possible violation of criminal law, when there is reason to believe that the subject of the investigation or proceeding is not aware of its pendency, and disclosure of the existence of the investigation could reasonably be expected to interfere with enforcement proceedings. When a request is made for records under § 4.11(a), the Commission may treat the records as not subject to the requirements of the Freedom of Information Act.

* * * ★ * 6. Section 4.11 is amended as follows: a. Paragraphs (a)(l)(i)(C), (D), and (E) are revised to read as follows; b. Paragraphs (a)(l)(iii)(A), (B), and (C) are revised to read as follows; c. Paragraphs (a)(l)(iv)(A), (B), and (C) are revised to read as follows; d. Paragraph (a)(2)(i)(A) is revised to read as follows;

e. Paragraph (a)(2)(ii)(B) is revised to read as follows; and f. Paragraph (d) is amended by adding the following sentence to the end of the paragraph.

§ 4.11 Request for disclosure of records. (a) * * * (1) * * * (i) * * * (C) Costs; agreement to pay costs. Requesters will be charged search and duplication costs prescribed by Rule 4.8 for requests under this section. All requests shall include a statement of the information needed to determine fees, as provided by § 4.8(c), and an agreement to pay fees (or a statement that the requester will not pay fees if a fee waiver is denied), as provided by § 4.8(d). Requests may also include an application for a fee waiver, as provided by § 4.8(e). An advance payment may be required in appropriate cases as provided by § 4.8(h).

(D) Failure to agree to pay fees. If a request does not include an agreement to pay fees, and if the requester is notified of the estimated costs pursuant to Rule 4.8(d)(3), the request will be deemed not to have been received until

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10808 Federal Register / Vol. 57, No. 62 / Tuesday, March 31, 1992 / Rules and Regulations the requester agrees to pay such fees. If a requester declines to pay fees and is not granted a fee waiver, the request will be denied.

(E) Records for sale at another government agency, if requested materials are available for sale at another government agency, die requester will not be provided with copies of the materials but will be advised to obtain them from the selling agency.

* * * * * (iii) Time limit for initial determination. (A) The Deputy Executive Director for Hanning and Information or the Director of the Information Services Division shall, within ten (10) working days of the receipt of a request, either grant or deny, in whole or in part, such request (B) The Deputy Executive Director for Planning and Information or the Director of the Information Services Division may extend this time limit by not more than ten working days if such extension is:

(1) Necessary for locating records or transferring them from physically separate facilities: or (2) Necessary to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are sought in a single or series of closely related requests: or (3) Necessary for consultation with another agency having a substantial interest in the determination, or for consultation among two or more components of the Commission having substantial subject matter interest therein.

(C) If the Deputy Executive Director for Planning and Information or the Director of the Information Services Division extends the time limit for initial determination pursuant to paragraph (A)(l)(iii)(B), the requester shall be notified in accordance with 5 U.S.C. 552(A)(6)(B).

* * * * * (iv) Initial determination. (A) The Deputy Executive Director for Planning and Information or the Director of the Information Services Division shall grant access to request»! records, or any portions thereof, that must be made available under the Freedom of Information Act. He shall deny access to records that are exempt under the Freedom of Information Act (5 U.S.C. 552(b)), unless he determines that such records fall within a category the Commission or the General Counsel has previously authorized to be made available to the public as a matter of policy. Denials shall set forth the reasons therefore and advise the requester that this determination can be appealed to the General Counsel either because the requester believes the records are not exempt, or because the requester believes the General Counsel should exercise his discretion to release such records notwithstanding their exempt status.

(B) The Deputy Executive Director for Planning and Information or the Director of the Information Services Division is deemed to be the sole official responsible for all denials of initial requests, except denials to materials contained in active investigatory files in which case the Director or Deputy Director of the Bureau or the Director of the Regional Office responsible for the investigation shall be the responsible official.

(C) Records to which access has been granted will be made available to the requester and will remain available for inspection and copying for a period not to exceed thirty days from date of notification to the requester unless the requester asks for and receives the consent of the Deputy Executive Director for Planning and Information or the Director of the Information Services Division to a longer period. Records assembled pursuant to a request will remain available only during this period and thereafter will be refiled. Appropriate fees may again be imposed for any new or renewed request for the same records.

* * * * * (2) * * * (i) * * * (A) If an initial request for records is denied in its entirety, the requester may, within 30 days of the date of the determination appeal such denial to the General Counsel. If an initial request is denied in part, the time for appeal shall not expire until 30 days after the date of the letter notifying the requester that all records to which access has been granted have been made available. The appeal shall be in writing and should include a copy of the mitial request and a copy of the response to that initial request, if any. The appeal shall be addressed as follows:

Freedom of Information Act Appeal, Office of the General Counsel, Federal Trade Commission, 6th Street and Pennsylvania Avenue, NW„ Washington, DC 20580.

* * * * * (ii) “ * (B) The Commission or die General Counsel may, by written notice to the requester in accordance with 5 U.S.C. 552(a)(6)(B), extend the time limit for deciding an appeal by not more than ten (10 working days for the reasons set forth in paragraph {a)(l}{iii)(B} of this section, provided that the amount of any extension utilized during the initial consideration of the request under that subsection shall be substracted from the amount of additional time otherwise available.

* * * * * (d) * * * Requests under this section shall be subject to the fee and fee waiver provisions of § 4.8. * * * * * 7.

Section 4.13(e), (f), (h), (i)(l), (j) and (k) are revised to read as follows: §4.13 Privacy Act rules. * * * * * (e) Disclosure of requested information to individuals. Within ten (10) working days of receipt of a request under § 4.13(c) die Deputy Executive Director for Planning and Information or the Director of the Information Services Division shall acknowledge receipt of the request Within thirty (30) working days of the receipt of a request under § 4.13(c) the Deputy Executive Director for Planning and Information or the Director of the Information Services Division shall inform the requester whether a system of records containing retrievable information pertaining to the requester exists, and if so, either that his request has been granted or that the requested records or information is exempt from disclosure pursuant to § 4.13(m). When, for good cause shown, the Deputy Executive Director for Planning and Information or the Director of the Information Services Division is unable to respond within thirty (30) working days of the receipt of the request, he shall notify the requester of thát fact and approximately when it is anticipated that a response will be made.

(f) Special procedures: Medical records. When the Deputy Executive Director for Planning and Information or the Director of the Information Services Division determines that disclosure of a medical or psychological record directly to a requesting individual could have an adverse effect on the individual, he shall require the individual to designate a medical doctor to whom the record will be transmitted.

* * * * * (h) Agency review of request for correction or amendment of record. Whether presented in person or by mail, requests under § 4.13(g) shall be acknowledged by the Deputy Executive Director for Planning and Information or the Director of the Information Services Division within ten (10) working days of

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Federal Register / Vol 57, No. 62 / Tuesday, March 31, 1992 / Rules and Regulations 10809 the receipt of the request if action on the request cannot be completed and the individual notified of the results within that time. Thereafter, the Deputy Executive Director for Planning and Information or the Director of the Information Services Division shall promptly either make the requested amendment or correction or inform the requester of his refusal to make the amendment or correction, the reasons for the refusal, and the requester's right to appeal that determination in accordance with § 4.13{i). fi) Appeal of initial adverse agency determination. (1) If an initial request is denied under § 4.13(c) or § 4.13(g), the requester may appeal that determination to the Commission. The appeal shall be in writing and addressed as follows: Privacy Act Appeal, Office of the General Counsel, Federal Trade Commission, 6th Street and Pennsylvania Avenue, NW., Washington, DC 20580 The Commission shall notify the requester within thirty (30) working days of the receipt of his appeal of the disposition of that appeal except that the thirty (30) day period may be extended for good cause, in which case the requester will be advised of the approximate date on which review will be completed.

* * # * * (j) Disclosure of record to person other than the individual to whom it pertains. Except as provided by 5 U.S.C. 552a(b), the written request or prior written consent of the individual to whom a record pertains, or of his parent if a minor, or legal guardian if incompetent, shall be required before such record is disclosed. If the individual elects to inspect a record in person and desires to be accompanied by another person, the Deputy Executive Director for Planning and Information or the Director of the Information Services Division may require the individual to furnish a signed statement authorizing his record to be disclosed in the presence of the accompanying named person.

(k) Fees. No fees shall be charged for searching for a record, reviewing il or for copies of records made by the Commission for its own purposes incident to granting access to a requester. Copies of records to which access has been granted under this section may be obtained by the requester from the Deputy Executive Director for Planning and Information upon payment of the reproduction fees provided in $ 4.8(b)(6). * * * * * By direction of the Commission. Donald S. Clark, Secretary.

(FR Doc. 92-7238 Filed 3-30-02; &45 am]