[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.