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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 36 - Parks, Forests, and Public Property |
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Chapter IV - American Battle Monuments Commission |
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Part 404 - Procedures and Guidelines for Compliance With the Freedom of Information Act |
§ 404.8 - Fees to be charged - categories of requesters.
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§ 404.8 Fees to be charged - categories of requesters.
There are For purposes of assessing fees, the FOIA establishes four categories of FOIA requesters: commercial Commercial use requesters; , educational and noncommercial scientific institutions; representatives of the news media; non-commercial scientific institution requesters; news media requesters, and all other requesters. The specific levels of fees for each of these categories:
(a) Commercial use requesters. When ABMC receives a request for documents for commercial use, it will assess charges that recover the full direct costs of searching for, reviewing for release, and duplicating the record sought. Requesters must reasonably describe the records sought. Commercial use requesters are not entitled to 2 hours of free search time nor 100 free pages of reproduction of documents. ABMC may recover the cost of searching for and reviewing records even if there is ultimately no disclosure of records
see paragraph ((
of this section).b)
(b) Educational and noncommercial scientific institution requesters. ABMC shall provide documents to requesters Requesters in this category for the cost of reproduction alone, excluding charges for who meet the criteria in § 404.6(g) or (h) are entitled to two free hours of search time and the first 100 pages of duplication without charge. To be eligible for inclusion in this category, requesters a requester must show that the request is being made as authorized by and under the auspices of a qualifying institution and that the records are not sought for a commercial use, but are sought in furtherance of scholarly (if the request is from an educational institution) or scientific (if the request is from a non-commercial scientific institution) research. Requesters must reasonably describe the records sought.
(c) Requesters who are representatives of the news media. ABMC shall provide documents to requesters Requesters in this category when serving the news dissemination function for the cost of reproduction alone, excluding charges for who meet the criteria in § 404.6(i) are entitled to two free hours of search time and the first 100 pages of duplication without charge. To be eligible for inclusion in this category, a requester must meet the criteria in § 404.4(j), and his or her request must not be made show that the records are not sought for a commercial use. In reference to this class of requester, a request for records supporting , but are sought in furtherance of the news dissemination function of the requester shall not be considered to be a request that is for a commercial use. Requesters must reasonably describe the records sought.
(d) All other requesters. ABMC shall charge requesters who do not fit into any of the categories above in paragraphs (a) through (c) of this section fees that recover the full reasonable direct cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of reproduction and the first 2 hours of search time shall be furnished without charge. Moreover, requests for records about the requesters filed in ABMC's systems of records will continue to be treated under the fee provisions of the Privacy Act of 1974 which permit fees only for reproduction. Requesters must reasonably describe the records sought.