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 Secs. 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 Secs. 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 ``8\1/2\  x  11'' or 
``11  x  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.

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    (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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