Goto Section: 0.465 | 0.467 | Table of Contents
Revised as of August 6, 2020
Goto Year:2019 |
§ 0.466 Definitions.
(a) For the purpose of § § 0.467 and 0.468, the following definitions
(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
(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.
[ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24389 , May 2, 2011]
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Goto Section: 0.465 | 0.467
Goto Year: 2019 |
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