Waiver or reduction of fees

A requester must show that disclosure is in the public interest and that the request is not primarily in the requester's commercial interest. See Requirements in 70.41(a), which require (1) the disclosure is likely to contribute significantly to public understanding of government operations and (2) the disclosure is not primarily for the requester's commercial benefit, per 70.41(a)(1)(i) and 70.41(a)(1)(ii).

The agency looks for a direct and clear connection between the requested records and identifiable government operations or activities. See 70.41(a)(2)(i) which explains that the subject must concern identifiable federal operations or activities with a direct, not remote, link.

The agency examines the informative value of the information, who in the public is likely to benefit, and how significant that benefit will be. See 70.41(a)(2)(ii) for informative value, 70.41(a)(2)(iii) for the likely public audience and requester expertise, and 70.41(a)(2)(iv) for how significant the contribution must be.

The agency weighs the requester's commercial interest against the public interest in disclosure, including the existence and size of any commercial interest. See 70.41(a)(3)(i) for how commercial interest is identified (with reference to a commercial-use definition in 70.38(f)) and 70.41(a)(3)(ii) which states the public interest must be greater in magnitude than any commercial interest to justify a waiver.

Yes — a waiver may be granted only for those records that meet the waiver criteria, not necessarily for the entire set. See 70.41(a)(4), which explains that where only some records satisfy the waiver requirements, the waiver will cover only those records.

A fee waiver or reduction should be requested when the underlying records request is first submitted, although it may be submitted later while the request is still pending or on administrative appeal. See 70.41(b) which advises making the waiver request with the initial submission but allows later requests while the matter is pending.

If a requester agreed to pay and then seeks a waiver that is denied, the requester must pay any costs the agency incurred up to the date the waiver request was received. See 70.41(b) for this consequence.

A requester can appeal the agency's handling of a fee waiver or reduction under the administrative appeal procedures in 70.22 and 70.23. See 70.41(c) which points to those appeal procedures.

No — duplicative or substantially identical information already in the public domain is less likely to justify a waiver because it adds little new public understanding. See the discussion in 70.41(a)(2)(ii) that disclosable portions must be meaningfully informative and not mere duplicates of public material.

Yes — requesters are given an opportunity to provide explanatory information about any commercial interest that would be furthered by disclosure. See 70.41(a)(3)(i) and 70.41(a)(3)(ii) which require the agency to compare the magnitude of commercial interest against the public interest.

A fee waiver request should address the relevant public-interest and commercial-interest factors listed in 70.41(a). See 70.41(a)(5). Practical items to include are:

• A clear statement of how the requested records concern identifiable government operations or activities (see 70.41(a)(2)(i)).
• An explanation of the new information's informative value and how it will improve public understanding (see 70.41(a)(2)(ii)-(iv)).
• Disclosure of any commercial uses or intended distribution and details of any expected commercial benefit (see 70.41(a)(3)(i) and 70.38(f)).

Yes — if a news media requester satisfies the public interest standard, the agency ordinarily presumes the public interest will be the primary interest served by disclosure. See 70.41(a)(2)(iii) and 70.41(a)(4).

Disclosure to data brokers or firms that merely compile and market government information for direct economic return is not presumed to primarily serve the public interest. See 70.41(a)(4), which distinguishes such commercial aggregators from news media and other public-interest requesters.

The request must identify records tied directly and clearly to particular government operations or activities rather than making a remote or attenuated connection. See 70.41(a)(2)(i) which emphasizes the need for a direct, identifiable connection.