Sec.  0.470   Assessment of fees.

   (a)(1) Commercial use requesters. 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  Sec.  Sec. 0.466 and 0.467, above.

   (2) Educational and non-commercial scientific institution requesters and
   requesters who are representatives of the news media. The Commission shall
   provide  documents  to  requesters in these categories for the cost of
   reproduction only, pursuant to  Sec. 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 disseminating
   information.

   (3) All other requesters. 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  Sec.  Sec. 0.467 and 0.465 above, except that the first 100
   pages  of reproduction and the first two hours of search time shall be
   furnished without charge.

   (b)(1)  The 100 page restriction on assessment of reproduction fees in
   paragraphs (a)(2) and (a)(3) of this section refers to 100 paper copies of a
   standard size, which will normally be “81/2×11” or “11×14,” or microfiche
   containing the equivalent of 100 pages or 100 pages of computer printout.
   Requesters will not be entitled to 100 microfiche.

   (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 is entitled to a restricted 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 original FOIA request, a statement explaining with specificity, the
   reasons demonstrating that he/she qualifies for a restricted 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: Anyone requesting a restricted fee 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 5 working days to
   provide further information to justify receiving a restricted fee. During
   this time period, the materials will be available for inspection to the
   extent  that  the time period exceeds the 10 or 20 day time period for
   responding to FOIA requests, as appropriate.

   (e) 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).

   (f)  The  Commission  shall not assess any fees if the routine cost of
   collecting the fee would be equal to or greater than the fee itself.

   [ 53 FR 39094 , Oct. 5, 1988]

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