[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1602.2]



[Page 368-369]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1602_PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec.  1602.2  Definitions.



    As used in this part--

    (a) Commercial use request means 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. In determining whether a requester properly 

belongs in this category, the Corporation will look to the use to which 

a requester will put the documents requested. When the Corporation has 

reasonable cause to doubt the requester's stated use of the records 

sought, or where the use is not clear from the request itself, it will 

seek additional clarification before assigning the request to a 

category.

    (b) Duplication means the process of making a copy of a requested 

record pursuant to this part. Such copies can take the form of paper 

copy, microform, audio-visual materials, or machine readable electronic 

documents, among others.

    (c) Educational institution means a preschool, a public or private 

elementary or secondary school, an institution of undergraduate or 

graduate higher education, or an institution of professional or 

vocational education which operates a program or programs of scholarly 

research.

    (d) FOIA means the Freedom of Information Act, 5 U.S.C. 552.

    (e) Non-commercial scientific institution means an institution that 

is not operated on a ``commercial'' basis and 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.

    (f) Office of Inspector General records means those records as 

defined generally in this section which are exclusively in the 

possession and control of the Office of Inspector General of the Legal 

Services Corporation.

    (g) Records means books, papers, maps, photographs, or other 

documentary materials, regardless of whether the format is physical or 

electronic, made or received by the Corporation in connection with the 

transaction of the Corporation's business and preserved by the 

Corporation as evidence of the organization, functions, policies, 

decisions, procedures, operations, or other activities of the 

Corporation, or because of the informational value of data in them. The 

term does not include, inter alia, books, magazines, or other materials 

acquired solely for library purposes.

    (h) Representative of the news media means 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. These examples are not 

intended to be all-inclusive. Moreover, as traditional methods of news 

delivery evolve (e.g., electronic dissemination of newspapers through 

telecommunications services), such alternative media would be included 

in this category. In the case of ``freelance'' journalists, they will 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.

    (i) Review means the process of examining documents located in 

response to a request to determine whether any



[[Page 369]]



portion of any such document is exempt from disclosure. It also includes 

processing any such documents for disclosure. Review does not include 

time spent resolving general legal or policy issues regarding the 

application of exemptions.

    (j) Search means the process of looking for and retrieving records 

that are responsive to a request for records. It includes page-by-page 

or line-by-line identification of material within documents and also 

includes reasonable efforts to locate and retrieve information from 

records maintained in electronic form or format. Searches may be 

conducted manually or by automated means and will be conducted in the 

most efficient and least expensive manner.

    (k) Submitter means any person or entity from whom the Corporation 

receives grant application records.



[63 FR 41196, Aug. 3, 1998, as amended by 68 FR 7437, Feb. 14, 2003]