[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1206.702]

[Page 65-66]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table of 
 
             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.''