[Code of Federal Regulations]
[Title 1, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 1CFR456.3]

[Page 46]
 
                       TITLE 1--GENERAL PROVISIONS
 
                   CHAPTER IV--MISCELLANEOUS AGENCIES
 
PART 456--NATIONAL CAPITAL PLANNING COMMISSION (FREEDOM OF INFORMATION ACT REGULATIONS)--Table of Contents
 
Sec. 456.3  Definitions.

    For the purposes of this part, the following definitions shall 
apply:
    (a) Direct costs. This term means those expenditures which the 
Commission actually incurs in searching for, duplicating and reviewing 
records.
    (b) Search. This term includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material within documents.
    (c) Duplication. This term refers to the process of making a copy of 
a document necessary to respond to a Freedom of Information Act request.
    (d) Review. This term refers to the process of examining documents 
located in response to a request that is for commercial use to determine 
whether any portion of any document located is permitted to be withheld, 
and includes processing any documents for disclosure.
    (e) Commercial use request. This term refers to a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial, trade or profit interests of the requester or the person 
on whose behalf the request is made.
    (f) Educational institution. This term refers to a preschool, a 
public or private elementary or secondary school, an institution of 
graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, and an institution 
of vocational education, which operates a program or programs of 
scholarly research.
    (g) Non-commercial scientific institution. This term refers to a 
non-profit institution 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.
    (h) Representative of the news media. This term refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. 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 include 
television or radio stations broadcasting to the public at large, and 
publishers of periodicals (but only in those instances when they can 
qualify as disseminators of ``news'') who make their products available 
for purchase or subscription by the general public. In the case of 
``freelance'' journalists, they may be regarded as working for a news 
organization if they can demonstrate a solid basis for expecting 
publication through that organization, even though not actually employed 
by it. A request for records supporting the news dissemination function 
of the requester shall not be considered to be a request that is for a 
commercial use.

[52 FR 34373, Sept. 11, 1987]