[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1820.5]

[Page 305]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                 CHAPTER VIII--OFFICE OF SPECIAL COUNSEL
 
PART 1820_PUBLIC INFORMATION--Table of Contents
 
Sec.  1820.5  Waiver or reduction of fees.

    (a) The Associate Special Counsel for Investigation, the Deputy 
Associate Special Counsel for Prosecution, the Associate Special Counsel 
for Prosecution, the Deputy Special Counsel, and the Special Counsel may 
authorize waiver or reduction of fees that could otherwise be assessed 
if disclosure of the information requested:
    (1) 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) Is not primarily in the commercial interest of the requester.
    (b) Satisfaction of paragraph (a)(1) of this section will be 
determined by all of the following:
    (1) Whether the subject of the requested records concerns ``the 
operations or activities of the Government.'' The requested records 
concern identifiable operations of activities of the Government, and the 
connection between the records and the operations or activities is 
direct and clear, not remote or attenuated;
    (2) Whether disclosure is ``likely to contribute'' to an 
understanding of Government operations or activities. An analysis of the 
substantive content of the releasable portions of the requested records 
reveals meaningfully informative information on the operations or 
activities of the Government that is not already in the public domain in 
duplicative or substantially identical form;
    (3) Whether disclosure will contribute to ``public understanding.'' 
Considering the identity of the requester and his qualifications to make 
use of the information, disclosure will contribute to the understanding 
of the public at large, and not to the individual understanding of the 
requester or a narrow segment of interested persons; and
    (4) Whether the disclosure is likely to contribute ``significantly'' 
to public understanding of Government operations or activities. By an 
objective standard, the disclosure is likely to enhance the general 
public's understanding of the subject matter in question more than 
minimally.
    (c) Satisfaction of paragraph (a)(2) of this section will be 
determined by both of the following:
    (1) Whether the requester has a commercial interest to be furthered 
by the disclosure. The requester does not seek to further a commercial, 
trade, or profit interest, as those terms are commonly understood; and
    (2) Whether the magnitude of the identified commercial interest of 
the requester is sufficiently large, compared to the public interest in 
disclosure, that disclosure is ``primarily in the commercial interest of 
the requester.'' If the requester has a commercial interest, that 
interest is not greater than the public interest to be served by 
disclosure of the requested records.