§ 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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