[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2201.9]

[Page 280]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2201--REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 2201.9  Waiver of fees.

    (a) General. The Freedom of Information Act Officer shall waive part 
or all of the fees assessed under Sec. 2201.8(b) if two conditions are 
satisfied: 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 disclosure is not 
primarily in the commercial interest of the requester. The Freedom of 
Information Act Officer shall afford the requester the opportunity to 
show that he comes within these two conditions. The following factors 
may be considered in determining whether the two conditions are 
satisfied:
    (1) Whether the subject of the requested records concerns the 
operations or activities of the government;
    (2) Whether the disclosure is likely to contribute significantly to 
public understanding of government operations or activities;
    (3) Whether the requester has a commercial interest that would be 
furthered by the requested disclosure; and, if so, whether the magnitude 
of the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is primarily in the commercial interest of the requester.
    (b) Partial waiver of fees. If the two conditions stated in 
paragraph (a) of this section are met, the Freedom of Information Act 
Officer will ordinarily waive all fees. In exceptional cases, however, 
only a partial waiver may be granted if the request for records would 
impose an exceptional burden or require an exceptional expenditure of 
Commission resources, and the request for a waiver minimally satisfies 
the ``public interest'' requirement in paragraph (a) of this section.