§ 1001.2 Definitions. The following definitions apply to this part: *Board* means the Privacy and Civil Liberties Oversight Board, established by the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53.
*Chairman* means the Chairman of the Board, as appointed by the President and confirmed by the Senate under section 801(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, or any person to whom the Board has delegated authority for the matter concerned.
*Chief FOIA Officer* means the senior official to whom the Board delegated responsibility for efficient and appropriate compliance with the FOIA.
*Commercial use request* means a FOIA request from or on behalf of a person who seeks information for a use or purpose that furthers his or her commercial, trade, or profit interests, including pursuit of those interests through litigation.
*Confidential business information* means trade secrets and confidential, privileged, or proprietary business or financial information submitted to the Board by a person.
*Direct costs* mean in the case of commercial use requesters those expenses the Board has actually incurred to search for, duplicate, and review documents in response to a FOIA request. Direct costs include, but are not limited to, the salary of the employee performing the work and costs associated with duplication.
*Educational institution* means a preschool, a public or private elementary or secondary school, an institution of undergraduate or graduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.
*Fee waiver* means the waiver or reduction of processing fees if a requester can demonstrate that OMB's Fee Guidelines' standards are satisfied, including that the information is in the public interest and is not a commercial interest.
*FOIA* means the Freedom of Information Act, 5 U.S.C. 552, as amended. The FOIA applies to third-party requests for documents concerning the general activities of the government and the Board in particular. A request by a U.S. citizen or an individual lawfully admitted for permanent residence for access to his or her own records is considered a Privacy Act request, under the Privacy Act of 1974, 5 U.S.C. 552a, as amended. *See* 6 CFR 1002.3.
*FOIA Officer* means the individual to whom the Board has delegated authority to carry out the Board's day-to-day FOIA administration.
*FOIA Public Liaison* means the individual designated by the Chairman to assist FOIA requesters with concerns about the Board's processing of their FOIA request, including assistance in resolving disputes.
*Non-commercial scientific institution* means an organization operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any product or research, and not operated on a commercial basis.
*Person* includes an individual, partnership, corporation, association, or public or private organization other than an agency.
*Record* means any writing, drawing, map, recording, diskette, DVD, CD-ROM, tape, film, photograph, or other documentary material, regardless of medium, by which information is preserved, including documentary material stored electronically.
*Redact* means delete or mark over.
*Representative of the news media* means any person or entity that gathers information of potential public interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.
*Requester category* means one of the three categories in which requesters will be placed for the purpose of determining whether a requester will be charged fees for search, review, or duplication. They are: ( 1 ) Commercial requestors,
( 2 ) Non-commercial scientific or educational institutions or news media requestors, and
( 3 ) All other requestors.
*Submitter* means any person or entity from whom the Board obtains confidential business information, directly or indirectly.
*Unusual circumstances* means, to the extent reasonably necessary for the proper processing of a FOIA request: ( 1 ) The need to search for and collect the requested records from physically separate facilities;
( 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, with another agency having a substantial interest in the determination of the request.
[78 FR 66997, Nov. 8, 2013, as amended at 82 FR 34835, July 27, 2017]