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Notes

5 C.F.R. §§ 9301.9–9301.11

3 sections in range

§9301.9. Fees for categories of requesters.

5 C.F.R. § 9301.9

SIGAR shall assess fees for certain categories of requesters as follows:
(a)
Commercial use requesters. In responding to commercial use requests, SIGAR shall assess fees that recover the full direct costs of searching for, reviewing and duplicating records.
(b)
Educational institutions. SIGAR shall provide records to requesters in this category for the cost of duplication alone, excluding charges for the first 100 pages. To qualify for inclusion in this fee category, a requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scholarly research, not an individual goal.
(c)
Representatives of the news media. SIGAR shall provide records to requesters in this category for the cost of duplication alone, excluding charges for the first 100 pages.
(d)
All other requesters. SIGAR shall charge requesters who do not fall within paragraphs (a) through (c) of this section fees that recover the full direct cost of searching for and duplicating records, excluding charges for the first 100 pages of reproduction and the first two hours of search time.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 552; Pub. L. No. 110-175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., pp. 216-200.

Source

Source: 77 FR 34180, June 11, 2012, unless otherwise noted.

§9301.10. Other charges.

5 C.F.R. § 9301.10

SIGAR may apply other charges, including the following:
(a)
Special charges. SIGAR shall recover the full cost of providing special services, such as sending records by an overnight delivery service, to the extent that SIGAR elects to provide them.
(b)
Interest charges. SIGAR may begin assessing interest charges on an unpaid bill starting on the 31st day following the day on which the FOIA Officer sent the billing. Interest shall be charged at the rate prescribed in 31 U.S.C. 3717 and will accrue from the date of billing.
(c)
Aggregating requests. When the FOIA Officer reasonably believes that a requester or a group of requesters acting in concert is attempting to divide a request into a series of requests within a 30-day period for the purpose of avoiding fees, the FOIA Officer shall aggregate those requests and charge accordingly.
Notes, amendments, and revision history

Amendments

[77 FR 34180, June 11, 2012, as amended at 77 FR 38172, June 27, 2012]

Authority

Authority: 5 U.S.C. 552; Pub. L. No. 110-175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., pp. 216-200.

Source

Source: 77 FR 34180, June 11, 2012, unless otherwise noted.

Amendments

[77 FR 34180, June 11, 2012, as amended at 77 FR 38172, June 27, 2012]

§9301.11. Payment and waiver.

5 C.F.R. § 9301.11

(a)
Remittances. Payment shall be made in the form of check or money order made payable to the Treasury of the United States. At the time the FOIA Officer notifies a requestor of the applicable fees, the Officer shall inform the requestor of where to send the payment.
(b)
Waiver. SIGAR may waive all or part of any fee provided for in §§ 9301.8 through 9301.9 when the FOIA Officer deems that as a matter of administrative discretion or disclosure of the information is in the general public's interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. Requesters may request a waiver in their initial FOIA request letter. Requests for a fee waiver should explain how the information requested contributes to the public's understanding of the operations or activities of the government. In determining whether a fee should be waived, the FOIA Officer may consider whether:
(1)
The subject matter specifically concerns identifiable operations or activities of the government;
(2)
The information is already in the public domain;
(3)
Disclosure of the information would contribute to the understanding of the public-at-large as opposed to a narrow segment of the population;
(4)
Disclosure of the information would significantly enhance the public's understanding of the subject matter;
(5)
Disclosure of the information would further a commercial interest of the requester; and
(6)
The public's interest is greater than any commercial interest of the requester.
Notes, amendments, and revision history

Amendments

[77 FR 34180, June 11, 2012, as amended at 77 FR 38172, June 27, 2012]

Authority

Authority: 5 U.S.C. 552; Pub. L. No. 110-175, 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., pp. 216-200.

Source

Source: 77 FR 34180, June 11, 2012, unless otherwise noted.

Amendments

[77 FR 34180, June 11, 2012, as amended at 77 FR 38172, June 27, 2012]