[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-60.305-13]

[Page 411]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS
--Table of Contents
 
     Subpart 105-60.3--Availability of Opinions, Orders, Policies, 
               Interpretations, Manuals, and Instructions
 
Sec. 105-60.305-13  Waiver of fee.

    (a) Any request for a waiver or the reduction of a fee should be 
included in the initial letter requesting access to GSA records under 
Sec. 105-60.402-1. The waiver request should explain how disclosure of 
the information would contribute significantly to public's understanding 
of the operations or activities of the Government and would not be 
primarily in the commercial interest of the requester. In responding to 
a requester, GSA will consider the following factors:
    (1) Whether the subject of the requested records concerns ``the 
operations or activities of the Government.'' The subject matter of the 
requested records must specifically concern identifiable operations or 
activities of the Federal Government. The connection between the records 
and the operations or activities must be direct and clear, not remote or 
attenuated.
    (2) Whether the disclosure is ``likely to contribute'' to an 
understanding of Government operations or activities. In this 
connection, GSA will consider whether the requested information is 
already in the public domain. If it is, then disclosure of the 
information would not be likely to contribute to an understanding of 
Government operations or activities, as nothing new would be added to 
the public record.
    (3) Whether disclosure of the requested information will contribute 
to ``public's understanding.'' The focus here must be on the 
contribution to public's understanding rather than personal benefit to 
be derived by the requester. For purposes of this analysis, the identity 
and qualifications of the requester should be considered to determine 
whether the requester is in a position to contribute to public's 
understanding through the requested disclosure.
    (4) 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's interest in disclosure, that 
disclosure is ``primarily in the commercial interest of the requester.''
    (b) GSA will ask the requester to furnish additional information if 
the initial request is insufficient to evaluate the merits of the 
request. GSA will not start processing a request until the fee waiver 
issue has been resolved unless the requester has provided written 
assurance of payment in full if the fee waiver is denied by the agency.