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 of 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:

(1) 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:

(1) 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 § 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.

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(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 notifled 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.

(1) 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 calendar day following the day on which the billing was sent. 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.

§ 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 §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 of 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 §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. 552);

(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 FOLA request; or

(4) Upon submitting the information or within a reasonable period thereafter, (1) the submitter reviewed its information in anticipation of future re

quests 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.