Sec.  0.466   Definitions.

   (a) For the purpose of  Sec.  Sec. 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 16 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.

   (5) The term educational institution refers to a preschool, a public or
   private elementary or secondary school, an institution or 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 actively
   gathering news for an entity that is organized and operated to publish or
   broadcast news to the public. 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 include television or radio stations broadcasting to
   the  public at large, and publishers of periodicals (but only in those
   instances where they can qualify as disseminators of “news”) who make their
   products available for purchase or subscription by the general public. These
   examples are not intended to be all inclusive. Moreover, as traditional
   methods  of  news  delivery  evolve (e.g., electronic dissemination of
   newspapers through telecommunications services), such alternative media
   would be included in this category. In the case of “freelance” journalists,
   they  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.

   [ 53 FR 39093 , Oct. 5, 1988]