§ 0.466   Definitions.

   (a) For the purpose of § § 0.467 and 0.468, the following definitions shall
   apply:

   (1) The term direct costs means those expenditures which the Commission
   actually incurs in searching for and duplicating (and in case of commercial
   requesters, reviewing) documents to respond to a FOIA request. Direct costs
   include the salary of the employee performing the work (the basic rate of
   pay for the employee plus twenty percent of that rate to cover benefits),
   and the cost of operating duplicating machinery. Not included in direct
   costs are overhead expenses, such as costs of space, and heating or lighting
   the facility in which the records are stored.

   (2) The term search includes all time spent looking for material that is
   responsive  to  a  request,  including  page-by-page  or  line-by-line
   identification of material contained within documents. Such activity should
   be distinguished, however, from “review” of material in order to determine
   whether the material is exempt from disclosure (see paragraph (a)(3) of this
   section).

   (3) The term review refers to the process of examining documents located in
   response to a commercial use request (see paragraph (a)(4) of this section)
   to  determine whether any portion of a document located is exempt from
   disclosure. It also includes processing any documents for disclosure, e.g.,
   performing such functions that are necessary to excise them or otherwise
   prepare them for release. Review does not include time spent resolving
   general legal or policy issues regarding the application of FOIA exemptions.

   (4) The term commercial use request refers to a request from or on behalf of
   one who seeks information for a use or purpose that furthers the commercial
   interests of the requester. In determining whether a requester properly
   falls within this category, the Commission shall determine the use to which
   a requester will put the documents requested. Where the Commission has
   reasonable cause to question the use to which a requester will put the
   documents sought, or where that use is not clear from the request itself,
   the Commission shall seek additional clarification before assigning the
   request  to  a  specific  category.  The dissemination of records by a
   representative of the news media (see § 0.466(a)(7)) shall not be considered
   to be for a commercial use.

   (5) 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 professional education and an institution of
   vocational education, which operates a program or programs of scholarly
   research.

   (6) The term non-commercial scientific institution refers to an institution
   that is not operated on a commercial basis as that term is referenced in
   paragraph (a)(4) of this section, 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.

   (7) The term representative of the news media refers to any person or entity
   that gathers information of potential interest to a segment of the public,
   uses its editorial skills to turn the raw materials into a distinct work,
   and distributes that work to an audience. In this clause, the term news
   means information that is about current events or that would be of current
   interest to the public. Examples of news-media entities are television or
   radio  stations  broadcasting to the public at large and publishers of
   periodicals (but only if such entities qualify as disseminators of news) who
   make their products available for purchase or subscription by, or free
   distribution to, the general public. These examples are not all-inclusive.
   Moreover, as methods of news delivery evolve (for example, the adoption of
   electronic dissemination of newspapers through telecommunications services),
   such alternative media shall be considered to be news-media entities. A
   freelance journalist shall be regarded as working for a news-media entity if
   the journalist can demonstrate a solid basis for expecting publication
   through that entity, whether or not the journalist is actually employed by
   the entity. A publication contract would present a solid basis for such an
   expectation; the Commission may also consider the past publication record of
   the requester in making such a determination. See 5 U.S.C. 552(a)(4)(A)(ii).

   (8)  The  term all other requester refers to any person not within the
   definitions in paragraphs (a)(4) through (a)(7) of this paragraph.

   (b) [Reserved]

   [ 74 FR 14078 , Mar. 30, 2009, as amended at  76 FR 24389 , May 2, 2011]

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