§ 1631.12 Waiver or reduction of fees.

(a) The Board may waive all fees or levy a reduced fee when disclosure of the information requested is deemed to be in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Board or Federal Government and is not primarily in the commercial interest of the requester. In making its decision on waiving or reducing fees, the Board will consider the following factors: (1) Whether the subject of the requested records concerns the operations or activities of the Board or the Government, (2) Whether the disclosure is likely to contribute to an understanding of Government operations or activities (including those of the Board), (3) Whether the disclosure is likely to contribute significantly to public understanding of TSP or Government operations or activities, (4) Whether the requester has a commercial interest that would be furthered by the requested disclosure, and (5) 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. (b) A fee waiver request must indicate the existence and magnitude of any commercial interest that the requester has in the records that are the subject of the request.