§ 0.470   Assessment of fees.

   (a)(1) Commercial use requesters. (i) When the Commission receives a request
   for documents for commercial use, it will assess charges that recover the
   full direct cost of searching for, reviewing and duplicating the records
   sought pursuant to § 0.466 and § 0.467, above.

   (ii) Commercial use requesters shall not be assessed search fees if the
   Commission fails to comply with the time limits under § 0.461(g)(1), if no
   unusual or exceptional circumstances (§ 0.461(g)(1)(i) through (iii)) apply
   to the processing of the request.

   (2) Educational and non-commercial scientific institution requesters and
   requesters who are representatives of the news media. (i) The Commission
   shall provide documents to requesters in these categories for the cost of
   reproduction only, pursuant to § 0.465 above, excluding reproduction charges
   for  the  first  100  pages, provided however, that requesters who are
   representatives of the news media shall be entitled to a reduced assessment
   of  charges  only  when the request is for the purpose of distributing
   information.

   (ii) Educational requesters or requesters who are representatives of the
   news media shall not be assessed fees for the cost of reproduction if the
   Commission fails to comply with the time limits under § 0.461(g)(1), if no
   unusual or exceptional circumstances (§ 0.461(g)(1)(i) through (iii)) apply
   to the processing of the request.

   (3) All other requesters. (i) The Commission shall charge requesters who do
   not  fit  into  any of the categories above fees which cover the full,
   reasonable direct cost of searching for and reproducing records that are
   responsive to the request, pursuant to § 0.465 and § 0.467, except that the
   first 100 pages of reproduction and the first two hours of search time shall
   be furnished without charge.

   (ii)  All  other  requesters  shall not be assessed search fees if the
   Commission fails to comply with the time limits under § 0.461(g)(1), if no
   unusual or exceptional circumstances (§ 0.461(g)(1)(i) through (iii)) apply
   to the processing of the request.

   (b)(1)  The 100 page restriction on assessment of reproduction fees in
   paragraphs (a)(2) and (3) of this section refers to 100 paper copies of a
   standard size, which will normally be “81⁄2 × 11” or “11 × 14.”

   (2)  When  the agency reasonably believes that a requester or group of
   requesters is attempting to segregate a request into a series of separate
   individual requests for the purpose of evading the assessment of fees, the
   agency will aggregate any such requests and assess charges accordingly.

   (c)  When  a requester believes he or she is entitled to a reduced fee
   assessment pursuant to paragraphs (a)(2) and (a)(3) of this section, or a
   waiver  pursuant  to paragraph (e) of this section, the requester must
   include, in his or her original FOIA request, a statement explaining with
   specificity,  the reasons demonstrating that he or she qualifies for a
   reduced  fee  or  a fee waiver. Included in this statement should be a
   certification  that  the  information  will not be used to further the
   commercial interests of the requester.

   Note to paragraph (c): Anyone requesting a reduced fee or a fee waiver must
   submit the request directly to the Commission and not to the contractor who
   will provide documents only at the contract price.

   (d) If the Commission reasonably believes that a commercial interest exists,
   based on the information provided pursuant to paragraph (c) of this section,
   the requester shall be so notified and given an additional ten business days
   to provide further information to justify receiving a reduced fee. See
   § 0.467(e)(2). During this time period, the materials will be available for
   inspection to the extent that the time period exceeds the time period for
   responding to FOIA requests, as appropriate.

   (e)(1) Copying, search and review charges shall be waived or reduced by the
   General  Counsel  when “disclosure of the information is in the public
   interest  because  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.” 5 U.S.C.
   552(a)(4)(A)(iii). Simply repeating the fee waiver language of section
   552(a)(4)(A)(iii) is not a sufficient basis to obtain a fee waiver.

   (2) The criteria used to determine whether disclosure is in the public
   interest  because  it  is likely to contribute significantly to public
   understanding of the operations or activities of the government include:

   (i) Whether the subject of the requested records concerns the operations or
   activities of the government;

   (ii) Whether the disclosure is likely to contribute to an understanding of
   government operations or activities; and

   (iii) Whether disclosure of the requested information will contribute to
   public understanding as opposed to the individual understanding of the
   requester or a narrow segment of interested persons.

   (3) The criteria used to determine whether disclosure is primarily in the
   commercial interest of the requester include:

   (i) Whether the requester has a commercial interest that would be furthered
   by the requested disclosure; and, if so

   (ii) 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.

   (4) This request for fee reduction or waiver must accompany the initial
   request for records and will be decided under the same procedures used for
   record requests.

   (5)  If no fees or de minimis fees would result from processing a FOIA
   request and a fee waiver or reduction has been sought, the General Counsel
   will not reach a determination on the waiver or reduction request.

   (f) Whenever the total fee calculated under this section is $15 or less, no
   fee will be charged.

   (g) Review of initial fee determinations under § 0.467 through § 0.470 and
   initial fee reduction or waiver determinations under § 0.470(e) may be sought
   under § 0.461(j).

   [ 74 FR 14078 , Mar. 30, 2009, as amended at  76 FR 24390 , May 2, 2011]

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