[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR70.41]

[Page 438-439]
 
                             TITLE 29--LABOR
 
PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of 
Contents
 
              Subpart C--Costs for Production of Documents
 
Sec. 70.41  Reduction or waiver of fees.

    This section sets forth conditions under which the applicable 
charges for records responsive to a request under 5 U.S.C. 552, as set 
forth in Sec. 70.40, are subject to reduction or waiver by the 
disclosure officer.
    (a) Statutorily required waiver or reduction in fees. Documents 
shall be furnished without charge or at a charge below the fees set 
forth in Sec. 70.40 if all of the following conditions are satisfied:
    (1) The subject of the requested records concerns the operations or 
activities of the United States Government;
    (2) The disclosure of the requested records is likely to contribute 
to an understanding of Government operations or activities;
    (3) The disclosure is likely to contribute to a public understanding 
of such operations or activities;
    (4) The contribution to public understanding of government 
operations and activities will be significant; and
    (5) The public's interest in disclosure exceeds the requester's 
commercial interest in disclosure.
    (b) De minimis costs. Where the cost of collecting a fee to be 
assessed to a requester exceeds the amount of the fee which would 
otherwise be assessed, no

[[Page 439]]

fee need be charged. Under normal circumstances, fees which do not 
exceed $5.00 need not be collected.
    (c) Reformulating requests. When the estimated reproduction costs 
are likely to exceed $25.00, the requester may be notified of the 
estimated amount of fees, unless the requester has indicated in advance 
its willingness to pay fees as high as those anticipated. Such notice 
may invite the requester to reformulate the request to satisfy his or 
her needs at a lower cost.