[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.64]

[Page 11]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 
PUB. L. 90-23--Table of Contents
 
                       Subpart E_Fees and Charges
 
Sec. 5.64  Waiver or reduction of fees.

    (a) The Secretary may, in accordance with the FOIA, waive or reduce 
all or part of any fee provided for in this section if the Secretary 
determines that it is:
    (1) In the public interest because furnishing the information can be 
considered as primarily benefiting the general public and is likely to 
contribute significantly to public understanding of the operations or 
activities of the government; and
    (2) Is not primarily in the commercial interest of the requester.
    (b) In making the determination to waive or reduce a fee under 
paragraph (a) of this section, the Secretary considers the following 
factors:
    (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.