[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR517]

[Page 862-863]
 
                            TITLE 25--INDIANS
 
   CHAPTER III--NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE 
                                INTERIOR
 
PART 517_FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents
 
Sec.  517.2  Definitions.

    (a) Commercial-use requester means requesters seeking 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 requester properly belongs in this 
category, the Commission shall determine the use to which a requester 
will put the documents requested. Where the Commission has reasonable 
cause to doubt the use to which a requester will put the records sought, 
or where that use is not clear from the request itself, the Commission 
shall seek additional clarification before assigning the request to a 
specific category.
    (b) Confidential commercial information means records provided to 
the government by a submitter that arguably contain material exempt from 
disclosure under Exemption 4 of the FOIA, because disclosure could 
reasonably be expected to cause substantial competitive harm.
    (c) Direct costs means those expenditures by the Commission actually 
incurred in searching for and duplicating records to respond to a FOIA 
request. Direct costs include the salary of the employee or employees 
performing the work (the basic rate of pay for the employee plus a 
percentage of that rate to cover benefits) and the cost of operating 
duplicating machinery. Direct costs do not include overhead expenses, 
such as the cost of and heating or lighting of the facility in which the 
records are stored.
    (d) Duplication refers to the process of making a copy of a document 
necessary to fulfill a FOIA request. Such copies can take the form of, 
among other things, paper copy, microform, audio-visual materials, or 
machine-readable documentation. The copies provided shall be in a form 
that is reasonably usable by requesters.
    (e) Educational institution refers to a preschool, a public or 
private elementary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, and an institution of vocational education, 
which operates a program of scholarly research.
    (f) Freedom of Information Act Officer means the person designated 
by the Chairman to administer the FOIA.
    (g) Non-commercial scientific institution refers to an institution 
that is not operated on a ``commercial'' basis as that term is used in 
Sec.  517.2(a), commercial-use requester, 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.
    (h) Representative of the news media refers to any person actively 
gathering

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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.
    (i) Requester means any person, including an individual, Indian 
tribe, partnership, corporation, association, or public or private 
organization other than a Federal agency, that requests access to 
records in the possession of the Commission.
    (j) Review refers to the process of examining a record, in response 
to a FOIA request, to determine whether any portion of that record may 
be withheld under one or more of the FOIA Exemptions. It also includes 
processing of any record for disclosure, for example, redacting 
information that is exempt from disclosure under the FOIA. Review does 
not include time spent resolving general legal or policy issues 
regarding the use of FOIA Exemptions.
    (k) Search refers to the time spent looking for material that is 
responsive to a request, including page-by-page or line-by-line 
identification of material within a document. The Commission shall 
ensure that searches are conducted in the most efficient and least 
expensive manner reasonably possible.
    (l) Submitter means any person or entity who provides information 
directly or indirectly to the Commission. The term includes, but is not 
limited to, corporations, Indian tribal governments, state governments 
and foreign governments.
    (m) Working day means a federal workday that does not include 
Saturdays, Sundays or federal holidays.