[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1206.702]



[Page 65-66]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table 

of Contents

 

             Subpart 7_Search, Review, and Duplication Fees

 

Sec. 1206.702  Waiver or reduction of fees.



    The burden is always on the requester to provide the evidence to 

qualify him/her for a fee waiver or reduction.

    (a) NASA shall furnish documents without charge or at reduced 

charges in accordance with 5 U.S.C. 552(a)(4)(A)(iii), provided that:



[[Page 66]]



    (1) Disclosure of the information is in the public interest because 

it is likely to contribute significantly to public understanding of the 

operations or activities of the government and

    (2) It is not primarily in the commercial interest of the requester.

    (b) Where these two statutory requirements are satisfied, based upon 

information supplied by the requester or otherwise made known to NASA, 

the FOIA fee shall be waived or reduced. Where one or both of these 

requirements is not satisfied, a fee waiver or reduction is not 

warranted under the statute.

    (c) In determining whether disclosure is in the public interest 

because it is likely to contribute significantly to public understanding 

of the operations or activities of the government, the following 

considerations shall be applied:

    (1) Whether the subject of the requested records concerns ``the 

operations or activities of the government'';

    (2) Whether the disclosure is ``likely to contribute'' to an 

understanding of government operations or activities;

    (3) Whether disclosure of the requested information will contribute 

to ``public understanding''; and

    (4) Whether the disclosure is likely to contribute ``significantly'' 

to public understanding of government operations or activities.

    (d) In determining whether disclosure of the information ``is not 

primarily in the commercial interest of the requester,'' the following 

consideration shall be applied:

    (1) Whether the requester has a commercial interest that would be 

furthered by the requested disclosure; and if so,

    (2) 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.''