[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7544]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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UNITED STATES ENRICHMENT CORPORATION

10 CFR Part 1102

 

Freedom of Information Act Regulations

AGENCY: United States Enrichment Corporation.

ACTION: Proposed rule.

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SUMMARY: The United States Enrichment Corporation (Corporation), a 
Government corporation establish by the Energy Policy Act of 1992, is 
issuing these proposed implementing regulations pursuant to the Freedom 
of Information Act (FOIA). The implementing regulations would establish 
procedures for the disclosure of information by the Corporation under 
FOIA. The objective of these implementing regulations is to facilitate 
the exercise of rights conferred on the public by FOIA and to ensure 
that the Corporation's determinations regarding disclosure of 
information is in compliance with FOIA. In conjunction with these 
implementing regulations, the Corporation is soliciting comments from 
interest parties that it will review and, where appropriate, reflect in 
the final rule.

DATES: Comments must be submitted on or before April 29, 1994.

ADDRESSES: Comments may be mail to the Office of General Counsel, 
United States Enrichment Corporation, 2 Democracy Center, 6903 
Rockledge Drive, Bethesda, Maryland 20817.

FOR FURTHER INFORMATION CONTACT: Robert J. Moore, General Counsel, 
(301) 564-3200.

SUPPLEMENTARY INFORMATION:

Background

    The United States Enrichment Corporation (Corporation), an agency 
and instrumentality of the United States, was established by the Energy 
Policy Act of 1992 (P.L. 102-486; 42 U.S.C. 2297 et seq.), as a wholly 
owned Government corporation. On July 1, 1993, the Corporation assumed 
responsibility for the majority of the uranium enrichment enterprise 
activities formerly conducted by the U.S. Department of Energy. Since 
that date, the Corporation has been the exclusive marketing agent for 
the U.S. Government for entering into contracts for providing enriched 
uranium and uranium enrichment and related services. In connection with 
its legitimate activities, the Corporation possesses records that may 
fall within the scope of the Freedom of Information Act (FOIA), 5 
U.S.C. 552. Consequently, the Corporation is promulgating these 
implementing regulations pursuant to 5 U.S.C. 552(a)(4)(A) to ensure 
compliance with the provisions of FOIA.
    In general, FOIA provides for public access to records in the 
possession of the Corporation, while preserving the Corporation's 
ability to protect certain specifically exempted material from 
disclosure. Specifically, FOIA requests the Corporation to publish 
certain information in the Federal Register, including a description of 
the organization of the Corporation and substantive rules of general 
applicability, and make other information available for public 
inspection and copying, including statements of policy and 
interpretations adopted by the Corporation which are not published in 
the Federal Register. FOIA also requires the Corporation to make 
records available in response to a request which (i) reasonably 
describes such records; and (ii) is made in accordance with these 
implementing regulations, which state the time, place, fees and 
procedures to be followed. The Corporation, however, will not treat 
records that have been prepared by a contractor, and are available to 
the Corporation pursuant to the terms of a contract between the 
Corporation and the contractor, but which have not been delivered to 
the Corporation, as ``records'' available in response to a request made 
in accordance with these implementing regulations. Finally, FOIA 
exempts specific categories of matters from disclosure pursuant to a 
request for information made under these implementing regulations. For 
example 5 U.S.C. 552(b)(3) exempts those matters which are 
``specifically exempted from disclosure by statue * * * provided that 
such statute'' meets certain criteria. Recognizing the unique status of 
the Corporation as a government agency with the statutory mission to 
``operate as a business enterprise on a profitable and efficient 
basis,'' Congress specifically provided the Corporation with authority 
to ``protect trade secrets and commercial or financial information to 
the same extent as a privately owned corporation,'' 42 U.S.C. 2297b-
13(a). The Corporation interprets 42 U.S.C. 2297b-13(a) as being a 
statute covered by section (b)(3) of FOIA and anticipates that a 
significant amount of the Corporation's records will fall under this 
exemption.

Proposed Rule

    As a whole, these implementing regulations provide the means 
necessary for the public to exercise fully the rights provided under 
FOIA. Section 1102.3 establishes the Corporation's policy regarding the 
disclosure of Corporation records pursuant to FOIA. Section 1102.4 
establishes the availability of materials to the public as required by 
5 U.S.C. 552(a)(2) and (5). Section 1102.5 establishes procedures by 
which the public can request access to Corporation records which are 
not covered by 5 U.S.C. 552(a)(1) or (2) and time requirements 
regarding the Corporation's response to such requests. Section 1102.6 
establishes nine categories of matters which are exempt from all 
publication and disclosure requirements of FOIA, provides for the 
disclosure of any reasonably segregable portion of an exempted record 
subsequent to deletion of exempted portions of the record, and 
establishes guidance for the Corporation in relation to providing a 
requesting party with information regarding exempt material. 
Section1102.7 establishes procedures for responding to a request for 
disclosure of records made pursuant to these implementing regulations. 
Section 1102.8 establishes procedures for denying a request for 
disclosure of records made pursuant to these implementing regulations. 
Section 1102.9 establishes procedures for the appeal of a denial of a 
request for disclosure of records made pursuant to these implementing 
regulations. Section 1102.10 establishes the schedule of fees 
applicable to the processing of requests under these implementing 
regulations and also establishes procedures and guidance for 
determining when such fees should be waived or reduced. Section 1102.11 
establishes procedures to notify submitters of information containing 
confidential commercial information, as defined by Executive order 
12600, with notice of a request for such information submitted pursuant 
to these implementing regulations.

Paperwork Reduction Act

    The Corporation certifies that these implementing regulations do 
not require additional reporting under the criteria of the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

Executive Order 12291

    These implementing regulations are not a ``major rule'' within the 
meaning of E.O. 12291 because they: (1) Do not have an annual effect on 
the economy of $100 million or more; (2) do not result in a major 
increase in the cost of financial institution operations or 
governmental supervision; and (3) do not have a significant adverse 
effect on competition (foreign or domestic), employment, investment 
productivity or innovation within the meaning of E.O. 12291. 
Accordingly, a regulatory impact analysis is not required.

Regulatory Flexibility Act

    Pursuant to Section 605(b), the Corporation certifies that these 
implementing regulations, and any final regulations that may be adopted 
following comment on these implementing regulations, are not expected 
to have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 
601 et seq. These regulations implement FOIA, which is concerned with 
disclosure of records in the possession of an agency of the Federal 
Government. Accordingly, a regulatory flexibility analysis is not 
required.

List of Subjects in 10 CFR Part 1102

    Administrative practice and procedures, Records.

    Issued in Washington, DC, March 25, 1994.
William H. Timbers, Jr.,
President and Chief Executive Officer.

    For the reasons set out in the preamble, 10 CFR chapter 11 is 
proposed to be added as follows:

Chapter XI  United States Enrichment Corporation

PART 1102--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

Sec.
1102.1  Purpose.
1102.2  Definitions.
1102.3  Policy.
1102.4  Public Reading Room.
1102.5  Availability of records on request.
1102.6  Exemptions.
1102.7  Officials authorized to grant or deny requests for records.
1102.8  Denials.
1102.9  Appeals of denials.
1102.10  Fees.
1102.11  Notice to submitters of certain information.

    Authority: 5 U.S.C. 552.


Sec. 1102.  Purpose.

    This part prescribes the procedures by which records of the United 
States Enrichment Corporation may be made available pursuant to section 
1314 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2297b-13, 
and the Freedom of Information Act, 5 U.S.C. 552.


Sec. 1102.2  Definitions.

    As used in this part--
    Commercial use request means request from or on behalf of one who 
seeks information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or the person on whose 
behalf the request is made. In determining whether a request for 
records properly belongs in this category, the Corporation will look to 
the use to which a requester will put the documents requested. When the 
Corporation has reasonable cause to doubt the use to which a requester 
will put the records sought, or where the use is not clear from the 
request itself, it will seek additional clarification before assigning 
the request to a specific category. If still in doubt, the Corporation 
will make the determination based on the factual circumstances 
surrounding the request, including the identity of the requester.
    Corporation means the United States Enrichment Corporation.
    Duplication means the process of making a copy of a document 
necessary to respond to a FOIA request. Such copies can take the form 
of paper copy, microform, audio-visual materials, or machine readable 
documentation (e.g., magnetic tape or disk), among others.
    Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of graduate higher 
education, an institution of undergraduate higher education, an 
institution of professional education, or an institution of vocational 
education, which operates a program or programs of scholarly research.
    FOIA means the Freedom of Information Act, 5 U.S.C. 552.
    Freedom of Information Officer means the person designated to 
administer the FOIA at the Corporation's headquarters.
    General Counsel means the General Counsel of the Corporation or any 
Corporation attorney designated by the General Counsel as having 
responsibility for counseling the Corporation on FOIA requests.
    Headquarters means the Corporation's offices at 2 Democracy Center, 
6903 Rockledge Drive, Bethesda, Maryland 20817.
    Non-commercial scientific institution means an institution that is 
not operated on a ``commercial'' basis and which is operated solely for 
the purpose of conducting scientific research, the results of which are 
not intended to promote any particular product or industry.
    Records means books, papers, maps, photographs, or other 
documentary materials, regardless of physical form or characteristics, 
made or received by the Corporation in connection with the transaction 
of the Corporation's business and preserved by the Corporation as 
evidence of the organization, functions, policies, decisions, 
procedures, operations, or other activities of the Corporation or 
because of the informational value of data in them. The term does not 
include inter alia, books, magazines, or other materials acquired 
solely for library purposes and available through any officially 
designated library of the Corporation, or records that have been 
prepared by a contractor, and are available to the Corporation pursuant 
to the terms of a contract between the Corporation and the contractor 
(e.g., the contract for the operation and maintenance of the 
Corporation's leased gaseous diffusion plants), but which have not been 
delivered to the Corporation.
    Representative of the news media means any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to 
the public. Examples of news media entities include television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only in those instances when they can qualify as 
disseminators of ``news'') who make their products available for 
purchase or subscription by the general public. These examples are not 
intended to be all-inclusive. Moreover, as traditional methods of news 
delivery evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of ``freelance'' journalists, they will 
be regarded as working for a news organization if they can demonstrate 
a solid basis for expecting publication through that organization, even 
though not actually employed by it.
    Review means the process of examining documents located in response 
to a commercial use request to determine whether any portion of any 
document located is permitted to be withheld. It also includes 
processing any documents for disclosure, e.g., doing all that is 
necessary to excise them and otherwise prepare them for release. Review 
does not include time spent resolving general legal or policy issues 
regarding the application of exemptions.
    Search means all the time spent looking for material that is 
responsive to a request, including page-by-page or line-by-line 
identification of material within documents. The search should be 
conducted in the most efficient and least expensive manner. Searches 
may be done manually or by computer using existing programming.
    Working days means all days except Saturdays, Sundays, and legal 
public holidays.


Sec. 1102.3  Policy.

    The Corporation will make records concerning its operations, 
activities, and business available to the public upon request. Records 
will be withheld from the public only in accordance with the FOIA and 
this part. Records that may be exempt from disclosure may be made 
available as a matter of discretion when disclosure is not prohibited 
by law, and it does not appear adverse to legitimate interests of the 
public, the Corporation, or any person. The Corporation will attempt to 
provide assistance to requesting parties, including information about 
how a request may be submitted. The Corporation will act on requests 
for records in a timely manner.


Sec. 1102.4  Public Reading Room.

    (a) The Corporation will maintain in a public reading room at its 
headquarters, the materials which are required by 5 U.S.C. 552(a) (2) 
and (5) to be made available for public inspection and copying, unless 
it is determined that such records should be withheld and are exempt 
from mandatory disclosure under the FOIA and Sec. 1102.6 of this part.
    (b) The public reading room will maintain and make available for 
public inspection and copying current indices of the materials which 
are required to be indexed by 5 U.S.C. 552(a)(2) or other applicable 
statutes. Because publication of such indices is unnecessary and 
impracticable and because current versions thereof will be available 
for inspection at the Corporation's public reading room, it is 
determined and so ordered that the Corporation will not publish the 
indices in the Federal Register.
    (c) Certain records maintained in the public reading room or 
otherwise made available pursuant to this part may be ``edited'' by the 
deletion of identifying details concerning individuals, to prevent a 
clearly unwarranted invasion of personal privacy. In such cases, the 
record shall have attached to it a full explanation of the deletion.


Sec. 1102.5  Availability of records on request.

    (a) In addition to the records made available through the public 
reading room, the Corporation will make records available to any person 
in accordance with paragraphs (b) and (c) of this section, unless it is 
determined that such records are exempt from mandatory disclosure under 
the FOIA and Sec. 1102.6 of this part and that such records should be 
withheld by the Corporation.
    (b) Requests. (1) A request will be acceptable if it identifies a 
record with sufficient particularity to enable officials of the 
Corporation to locate the record with a reasonable amount of effort. 
Requests seeking records within a reasonably specific category will be 
deemed to conform to the statutory requirement of a request which 
``reasonably describes'' such records if professional employees of the 
Corporation who are familiar with the subject area of the request would 
be able, with a reasonable amount of effort, to determine which 
particular records are encompassed within the scope of the request, and 
to search for, locate, and collect the records without unduly burdening 
or materially interfering with operations because of the staff time 
consumed or the resulting disruption of files. If it is determined that 
a request does not reasonably describe the records sought as specified 
in this paragraph, the response denying the request on that ground 
shall specify the reasons why the request failed to meet the 
requirements of this paragraph and shall extend to the requester an 
opportunity to confer with Corporation personnel in order to attempt to 
reformulate the request in a manner that will meet the needs of the 
requester and the requirements of this paragraph.
    (2) To facilitate the location of records by the Corporation, a 
requester should try to provide the following kinds of information, if 
known: (i) The specific event or action to which the records refers; 
(ii) the unit or program of the Corporation which may be responsible 
for or may have produced the record; (iii) the date of the record or 
the date or period to which it refers or relates; (iv) the type of 
record such as an application, a grant, a contract, or a report; (v) 
personnel of the Corporation who may have prepared or have knowledge of 
the record; and (vi) citations to newspapers or publications which have 
referred to the record.
    (3) The Corporation is not required to create a record or to seek 
to acquire a record from its contractors in order to satisfy a request.
    (4) All requests for records under this section shall be made in 
writing, with the envelope and the letter clearly marked: ``Freedom of 
Information Request.'' All such requests shall be addressed to the 
Freedom of Information Officer, 2 Democracy Center, 6903 Rockledge 
Drive, Bethesda, MD 20817. Any request not marked and addressed as 
specified in this paragraph will be so marked by Corporation personnel 
as soon as it is properly identified, and forwarded immediately to the 
Freedom of Information Officer. A request improperly addressed will not 
be deemed to have been received for purposes of the time period set 
forth in paragraph (c) of this section until forwarding to the 
appropriate office has been effected. On receipt of an improperly 
addressed request, the Freedom of Information Officer shall notify the 
requester of the date on which the time period commenced to run.
    (5) A person desiring to secure copies of records by mail should 
write to the Freedom of Information Officer, 2 Democracy Center, 6903 
Rockledge Drive, Bethesda, Maryland 20817. The request must identify 
the records of which copies are sought in accordance with the 
requirements of this section, and the number of copies desired. Fees 
may be required to be paid in advance in accordance with Sec. 1102.10. 
The requester will be advised of the estimated fee, if any, as promptly 
as possible. If a waiver or reduction of fees is requested, the grounds 
for such request should be included in the letter.
    (c) The Freedom of Information Officer, upon receipt of a request 
for any records made in accordance with this section, shall make an 
initial determination of whether to comply with or deny such request 
and dispatch such determination to the requester within 10 working days 
after receipt of such request, except for unusual circumstances in 
which case the time limit may be extended for not more than 10 working 
days by written notice to the requester setting forth the reasons for 
such extension and the date on which a determination is expected to be 
dispatched. In determining whether to issue a notice of extension of 
time for a response to a request beyond the 10-day period, Corporation 
officials shall consult with the Office of the General Counsel. As used 
herein, ``unusual circumstances'' are limited to the following, but 
only to the extent reasonably necessary to the proper processing of the 
particular request:
    (1) The need to search for and collect the requested records from 
the Corporation's field offices;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, including consultation with another agency having a 
substantial interest in the determination of the request or among 
components of the Corporation having substantial subject matter 
interest therein.
    (d) If no determination has been dispatched at the end of the 10-
day period, or the last extension thereof, the requester may deem the 
request denied, and exercise a right of appeal in accordance with 
Sec. 1102.9. When no determination can be dispatched within the 
applicable time limit, the Freedom of Information Officer shall 
nevertheless continue to process the request. On expiration of the time 
limit, the Freedom of Information Officer shall inform the requester of 
the reason for the delay, of the date on which a determination may be 
expected to be dispatched, and of the right to treat the delay as a 
denial and to appeal to the Corporation's Chief Executive Officer 
(``CEO'') in accordance with Sec. 1102.9. The Freedom of Information 
Officer may ask the requester to forego appeal until a determination is 
made.
    (e) After it has been determined to comply with a request, the 
Corporation will act with diligence in providing a substantive response 
to the requester.


Sec. 1102.6  Exemptions.

    (a) 5 U.S.C. 552 exempts from all of its publication and disclosure 
requirements matters falling within nine categories, which are 
described in paragraph (b) of that section.
    (b) Specifically, the exemptions of 5 U.S.C. 552(b) will be applied 
to matters that are:
    (1) (i) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense 
or foreign policy and (ii) are in fact properly classified pursuant to 
such Executive order:
    (2) Related solely to the internal personnel rules and practices of 
an agency:
    (3) Specifically exempted from disclosure by statute (other than 5 
U.S.C. 552b), provided that such statute (i) requires that the matters 
be withheld from the public in such a manner as to leave no discretion 
on the issue, or (ii) establishes particular criteria for withholding 
or refers to particular types of matters to be withheld, including 
sections 148 and 1314 of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2168, 2297b-13), the latter of which authorizes the Corporation 
to ``protect trade secrets and commercial or financial information to 
the same extent as a privately owned corporation'';
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memorandums or letters which would 
not be available by law to a party other than an agency in litigation 
with the Corporation;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Investigatory records compiled for law enforcement purposes, 
but only to the extent that the production of such records could 
reasonably be expected to (i) interfere with enforcement proceedings, 
(ii) deprive a person of a right to a fair trial or an impartial 
adjudication, (iii) constitute an unwarranted invasion of personal 
privacy, (iv) disclose the identity of a confidential source and, in 
the case of a record compiled by a criminal law enforcement authority 
in the course of a criminal investigation, or by an agency conducting a 
lawful national security intelligence investigation, confidential 
information furnished only by the confidential source, (v) disclose 
investigative techniques and procedures or guidelines for law 
enforcement investigations or prosecutions if such disclosure would 
risk circumvention of the law, or (vi) endanger the life or physical 
safety of law enforcement personnel;
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
    (c) In the event that one or more of the above exemptions applies, 
any reasonably segregable portion of a record shall be provided to the 
requester after deletion of the portions that are exempt. In 
appropriate circumstances, subject to the discretion of Corporation 
officials, it may be possible to provide a requester with:
    (1) A summary of information in the exempt portion of a record; or
    (2) An oral description of the exempt portion of a record.
    (d) In determining whether any of the foregoing techniques, cited 
in paragraphs (c)(1) and (c)(2), should be employed or whether an 
exemption should be waived in accordance with paragraph (e) of this 
section, Corporation officials shall consult with the Office of General 
Counsel. No requester shall have a right to insist that any or all of 
the foregoing techniques should be employed in order to satisfy a 
request.
    (e) Records that may be exempted from disclosure pursuant to 
paragraph (b) of this section may be made available as a matter of 
discretion when disclosure is not prohibited by law, if it does not 
appear adverse to legitimate interests of the Corporation, the public, 
or any person.


Sec. 1102.7  Officials authorized to grant or deny requests for 
records.

    The General Counsel shall furnish necessary advice to Corporation 
officials and staff as to their obligations under this part and shall 
take such other actions as may be necessary or appropriate to assure a 
consistent and equitable application of the provisions of this part by 
and within the Corporation. The Freedom of Information Officer, with 
concurrence from the appropriate program officials of the Corporation, 
is authorized to grant or deny requests under this part. The Freedom of 
Information Officer shall consult with the General Counsel before 
denying requests under this part, or before granting requests for 
waiver or modified application of an exemption or for categories of 
records which the General Counsel determines may present special or 
unusual problems.


Sec. 1102.8  Denials.

    (a) A denial of a written request for a record that complies with 
the requirements of Sec. 1102.5 shall be in writing and shall include 
the following:
    (1) A reference to the applicable exemption or exemptions in 
Sec. 1102.6(b) upon which the denial is based;
    (2) An explanation of how the exemption applies to the requested 
records;
    (3) A statement explanation whether there is any segregable 
nonexempt material of the record after deleting the exempt portions;
    (4) The name and title of the person or persons responsible for 
denying the request; and
    (5) An explanation of the right to appeal the denial and of the 
procedures for submitting an appeal, including the address of the 
official to whom appeals should be submitted
    (b) Whenever the Corporation makes a record available subject to 
the deletion of a portion of the record, such action shall be deemed a 
denial of a record for purposes of paragraph (a) of this section.


Sec. 1102.9  Appeals of denials.

    (a) Any person whose written request has been denied is entitled to 
appeal the denial within thirty calendar days of issuance thereof by 
writing the CEO of the Corporation at its headquarters. The envelope 
and letter should be clearly marked: ``Freedom of Information Appeal.'' 
An appeal need not be in any particular form, but should adequately 
identify the denial, if possible, by describing the requested record, 
identifying the official who issued the denial, and providing the date 
on which the denial was issued.
    (b) No personal appearance, oral argument, or hearing will 
ordinarily be permitted on appeal of a denial. Upon request and a 
showing of special circumstances, however, this limitation may be 
waived and an informal conference may be arranged with the Corporation 
CEO, or the CEO's designated representative, for this purpose.
    (c) The appeal decision of the CEO, or the CEO's designated 
representative, shall be in writing and, in the event the denial is in 
whole or in part upheld, shall contain an explanation responsive to the 
arguments advanced by the requester, the matters described in 
Sec. 1102.8(a) (1) through (4), and the provisions for judicial review 
of such decision under section 552(a)(4) of the FOIA. The appeal 
decision shall be dispatched to the requester within twenty working 
days after receipt of the appeal, unless an additional period is 
justified pursuant to Sec. 1102.5(c). The appeal decision shall 
constitute the final action of the Corporation. All such decisions 
shall be treated as final opinions under 5 U.S.C. 552(a)(2).


Sec. 1102.10  Fees.

    (a) Records provided routinely in the normal course of doing 
business will be provided at no charge.
    (b) Fees shall be limited to reasonable standard charges for 
document search, duplication, and review, when records are for a 
commercial use request;
    (c) Fees shall be limited to reasonable standard charges for 
duplication when records are not sought through a commercial use 
request and the request is made by an educational institution or non-
commercial scientific institution, whose purpose is scholarly or 
scientific research, or a representative of the news media; and
    (d) For any request not described in paragraph (b) or (c) of this 
section, fees shall be limited to reasonable standard charges for 
search, review and duplication.
    (e) The schedule of charges for services regarding the production 
or disclosure of the Corporation's records is as follows:
    (1) Whenever feasible, for manual searches and reviews: The basic 
rate(s) of pay of the employee(s) making the search and review plus 16 
percent of the rate(s) to cover benefits.
    (2) Computer time: Because of the diversity in the types and 
configurations of computers which may be required in responding to 
requests for records maintained in whole or part in computerized form, 
it is not feasible to establish a uniform schedule of fees for search 
and printout of such records. The charge for personnel time shall be 
the basic rate(s) of pay of the employee(s) involved plus 16 percent of 
the rate(s) to cover benefits. The charge for the computer time 
involved and for any special supplies or materials used shall not 
exceed the direct cost to the Corporation.
    (3) Duplication of records: A per-page charge for paper copy 
reproduction of documents. At present, the charge is $0.10 per page.
    (4) Duplication of microform: Actual charges as incurred.
    (5) Certification of true copies: $1.00 each.
    (6) Packing and mailing records: Actual charges as incurred.
    (7) Special delivery or express mail: Actual charges as incurred.
    (f) A record shall be furnished without any charge or at a charge 
reduced below the fees established under paragraph (e) of this section 
if disclosure of the record is in the public 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.
    (1) In order to determine whether disclosure of the record ``is in 
the public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the 
government,'' the Corporation will consider the following four 
criteria:
    (i) The subject of the request: Whether the subject of the 
requested records concerns ``the operations or activities of the 
government'';
    (ii) The informative value of the record to be disclosed: Whether 
the disclosure is ``likely to contribute'' to an understanding of 
government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the requested record will contribute to ``public understanding''; and
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of government operations or activities.
    (2) In order to determine whether disclosure of a record ``is not 
primarily in the commercial interest of the requester,'' the 
Corporation will consider the following two factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so,
    (ii) The primary interest in disclosure: 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.''
    (3) A denial of a request for a waiver or reduction of fees will be 
subject to appeal in the same manner as appeals from denial of a 
request for information under Sec. 1102.9.
    (g) No fee will be charged under this section--
    (1) If the costs of routine collection and processing of the fee 
are likely to equal or exceed the amount of the fee; or
    (2) For any request described in paragraph (b), (c), or (d) of this 
section for the first two hours of search time and for the first one 
hundred pages of duplication.
    (h) No requester will be required to make an advance payment of any 
fee unless the requester has previously failed to pay fees in a timely 
fashion or the Corporation has determined that the fee will exceed 
$250.
    (1) In the event that a requester has previously failed to pay a 
required fee (within 30 days of the date of billing), an advance 
deposit of the full amount of the anticipated fee together with the fee 
then due plus interest accrued may be required. The request will not be 
deemed to have been received by the Corporation until such payment is 
made.
    (2) In the event that the Corporation determines that an estimated 
fee will exceed $250, the requester shall be notified of the amount of 
the anticipated fee or such portion thereof as can readily be 
estimated. Such notification shall be transmitted as soon as possible, 
but in any event within five working days of such determination, giving 
the best estimate then available. The notification shall offer the 
requester the opportunity to confer with appropriate representatives of 
the Corporation for the purpose of reformulating the request so as to 
meet the requester's needs at a reduced cost. The request will not be 
deemed to have been received by the corporation until an advance 
payment of the entire fee is made.
    (i) Interest will be charged to those requesters who fail to pay 
the fees charged. Interest will be assessed on the amount billed, 
starting on the 31st calender day following the day on which the 
billing was set. The rate charged will be as prescribed in 31 U.S.C. 
3717.
    (j) If the Corporation reasonably believes that a requester or 
group of requesters is attempting to break a request into a series of 
requests for the purpose of evading the assessment of fees, the 
Corporation shall aggregate such requests and charge accordingly.
    (k) The Corporation reserves the right to limit the number of 
copies that will be provided of any record to a requester or to require 
that special arrangements for duplication be made in the case of bound 
volumes or other records representing unusual problems of handling or 
duplication.


Sec. 1102.11  Notice to submitters of certain information.

    (a) Upon receipt of a request for information that either, (1) the 
Freedom of Information Officer determines may be exempt from disclosure 
under paragraph (b)(4) of Sec. 1102.6 as privileged or confidential 
trade secrets or commercial or financial information submitted to the 
Corporation by a third party or entity (other than federal government 
agencies); or (2) is subject to an understanding or confidentiality 
between the Corporation and the submitter thereof, the Freedom of 
Information Officer shall provide the submitter of such information 
with notice of the request.
    (b) The Corporation shall afford a submitter of information covered 
by paragraph (a) of this section a period, generally not in excess of 
10 working days, within which to provide the Freedom of Information 
Officer a detailed statement of objections to the disclosure of such 
information by the Corporation. The submitter's response (if any) shall 
include all bases, factual or legal, for the withholding of the 
requested information pursuant to paragraph (b)(4) of Sec. 1102.6. If 
the Freedom of Information Officer does not receive a timely response 
from the submitter, the Freedom of Information Officer shall proceed 
with the determination of whether or not to release such information.
    (c) Whenever the Corporation decides to release any part of the 
information covered by paragraph (a) of this section over the objection 
of the submitter, the Corporation shall forward to the submitter a 
written statement providing a brief explanation why the Corporation did 
not agree with the submitter's objections; a description of the 
information to be released; and the expected date of the release.
    (d) If a requester or submitter brings suit against the Corporation 
seeking to compel or restrict the release of information covered by 
paragraph (a) of this section, the Corporation shall promptly notify 
the other party.
    (e) The notice requirement of this section shall not apply if:
    (1) The information has been published or otherwise made available 
to the public;
    (2) Disclosure of the information is required by law (other than 5 
U.S.C. 522);
    (3) The submitter has received notice of a previous FOIA request 
which encompassed the information requested in the later request, and 
the Corporation intends to withhold information in the same manner as 
in the previous FOIA request; or
    (4) Upon submitting the information or within a reasonable period 
thereafter, (i) the submitter reviewed its information in anticipation 
of future requests pursuant to the FOIA, (ii) the submitter provided 
the Corporation a statement of its objections to disclosure consistent 
with that described in paragraph (b) of this section, and (iii) the 
Corporation intends to release information consistent with the 
submitter's objections.

[FR Doc. 94-7544 Filed 3-29-94; 8:45 am]
BILLING CODE 8270-01-M