[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53686-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21335]


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MILLENNIUM CHALLENGE CORPORATION

22 CFR Part 1304


Regulations Implementing the Freedom of Information Act

AGENCY: Millennium Challenge Corporation.

ACTION: Final rule.

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SUMMARY: The Millennium Challenge Corporation is issuing a final rule 
to update its Freedom of Information Act regulations. The purpose of 
this final rule is to outline the procedures by which the Millennium 
Challenge Corporation proposes to implement the relevant provisions of 
the Freedom of Information Act as required under that statute. This 
document will assist interested parties in obtaining access to 
Millennium Challenge Corporation public records.

DATES: This final rule is effective on September 17, 2008.

ADDRESSES: Send comments to John Mantini, FOIA Officer, Office of the 
General Counsel, Millennium Challenge Corporation, 875 Fifteenth 
Street, NW., Washington, DC 20005-2221.

FOR FURTHER INFORMATION CONTACT: John Mantini, FOIA Officer, 202-521-
3863.

SUPPLEMENTARY INFORMATION: The Millennium Challenge Act (MCA) of 2003 
established a new federal agency called the Millennium Challenge 
Corporation. Congress enacted the Freedom of Information Act (FOIA) in 
1966 and last modified it with the Electronic Freedom of Information 
Act amendments of 1996. On August 28, 2007, the Millennium Challenge 
Corporation published a proposed rule in the Federal Register, 72 FR 
49238, Aug. 28, 2007 to outline its procedures to implement the FOIA 
regulations and requested public comments. The Millennium Challenge 
Corporation received no comments during the 60-day comment period. The 
Millennium Challenge Corporation's final regulations are identical to 
those in the proposed rule.
    This final rule addresses electronically available documents, 
procedures for making requests, agency handling of requests, records 
not disclosed, changes in fees, and public reading rooms as well as 
other related provisions.

List of Subjects in 22 Part 1304

    Freedom of Information Act Procedures.

0
For the reasons set forth in the preamble, the Millennium Challenge 
Corporation adds 22 CFR part 1304 as follows:

PART 1304--FREEDOM OF INFORMATION ACT PROCEDURES

Sec.
1304.1 General Provisions.
1304.2 Definitions.
1304.3 Records available to the public.
1304.4 Requests for records.
1304.5 Responsibility for responding to requests.
1304.6 Records not disclosed.
1304.7 Confidential commercial information.
1304.8 Appeals.
1304.9 Fees.

    Authority: 5 U.S.C. 552, as amended.


Sec.  1304.1  General Provisions.

    This part contains the regulations the Millennium Challenge 
Corporation (MCC) follows in implementing the

[[Page 53687]]

Freedom of Information Act (FOIA) (5 U.S.C. 552) as amended. These 
regulations provide procedures by which you may obtain access to 
records compiled, created, and maintained by MCC, along with the 
procedures that MCC must follow in response to such requests for 
records. These regulations should be read together with the FOIA, which 
provides additional information about access to records maintained by 
MCC.


Sec.  1304.2  Definitions.

    Agency has the meaning set forth in 5 U.S.C. 552(f)(1).
    Commercial use requester means a requester seeking information for 
a use or purpose that furthers the commercial, trade, or profit 
interests of himself or the person on whose behalf the request is made, 
which can include furthering those interests through litigation. In 
determining whether a request properly belongs in this category, the 
FOIA Officer shall determine the use to which the requester will put 
the documents requested. Where the FOIA Officer has reasonable cause to 
doubt the use to which the requester will put the records sought, or 
where that use is not clear from the request itself, the FOIA Officer 
shall contact the requester for additional clarification before 
assigning the request to a specific category.
    Confidential commercial information means records provided to the 
government by a submitter that arguably contains material exempt from 
disclosure under Exemption 4 of the FOIA, because disclosure could 
reasonably be expected to cause substantial competitive harm.
    Direct costs mean those expenditures by MCC actually incurred in 
searching for and duplicating records in response to the FOIA request. 
These costs include the salary of the employee(s) performing the work 
(basic rate of pay 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 space, heating, or 
lighting of the facility in which the records are stored.
    Duplication means the process of making a copy of a record in order 
to respond to a FOIA request, including paper copies, microfilm, audio-
video materials, and computer diskettes or other electronic copies.
    Educational institution refers to a preschool, a public or private 
elementary or secondary school, an institute of undergraduate higher 
education, an institute of graduate higher education, an institute of 
professional education, or an institute of vocational education which 
operates a program of scholarly research. To qualify for this category, 
the requester must show that the request is authorized by and is made 
under the auspices of a qualifying institution and that the records are 
not sought for a commercial use, but are sought to further scholarly 
research.
    FOIA means the Freedom of Information Act, as amended (5 U.S.C. 
552).
    FOIA Officer means the MCC employee who is authorized to make 
determinations as provided in this part. The mailing address for the 
FOIA Officer is: Millennium Challenge Corporation, Attn: FOIA Officer, 
875 Fifteenth Street, NW., Washington, DC 20005.
    Non-commercial scientific institution refers to an institution that 
is not operated on a ``commercial'' basis as that term is used in 
paragraph (a) of this section, 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. To qualify for 
this category, the requester must show that the request is authorized 
by and is made under the auspices of a qualifying institution and that 
the records are not sought for a commercial use, but are sought to 
further scholarly research.
    Record means information or documentary material MCC maintains in 
any form or format, including an electronic form or format, which MCC:
    (1) Made or received under federal law or in connection with the 
transaction of public business;
    (2) Preserved or determined is appropriate for preservation as 
evidence of MCC operations or activities or because of the value of the 
information it contains; and
    (3) Controls at the time it receives a request.
    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. For a ``freelance journalist'' to be regarded as working 
for a news organization, the requester must demonstrate a solid basis 
for expecting publication through that organization, such as a 
publication contract. Absent such showing, the requester may provide 
documentation establishing the requester's past publication record. To 
qualify for this category, the requester must not be seeking the 
requested records for a commercial use. However, a request for records 
supporting a news-dissemination function shall not be considered to be 
for a commercial use.
    Requester means any person, including an individual, corporation, 
firm, organization, or other entity, who makes a request to MCC under 
FOIA for records.
    Review means the process of examining a record to determine whether 
all or part of the record may be withheld, and includes redacting or 
otherwise processing the record for disclosure to a requester. It does 
not include time spent:
    (1) Resolving legal or policy issues regarding the application of 
exemptions to a record; or
    (2) At the administrative appeal level, unless MCC determines that 
the exemption under which it withheld records does not apply and the 
records are reviewed again to determine whether a different exemption 
may apply.
    Search means the time spent locating records responsive to a 
request, manually or by electronic means, including page-by-page or 
line-by-line identification of responsive material within a record.
    Submitter means any person or entity which provides information 
directly or indirectly to MCC. The term includes, but is not limited 
to, corporations, state governments and foreign governments.
    Working day means a Federal workday that does not include 
Saturdays, Sundays, or Federal holidays.


Sec.  1304.3  Records available to the public.

    (a) General. (1) It is the policy of MCC to respond promptly to all 
FOIA requests.
    (2) MCC may disclose records that were previously published or 
disclosed or are customarily furnished to the public in the course of 
the performance of official duties without complying with this part. 
These records include, but are not limited to, the annual report that 
MCC submits to Congress pursuant to section 613(a) of the Millennium 
Challenge Act of 2003 (22 U.S.C. 7701), press releases, MCC forms, and 
materials published in the Federal Register. MCC should first determine 
whether the information requested is already available on its Web site, 
which contains information readily accessible to the public. In such an 
event, MCC will contact the requesting party, either orally or in 
writing, to advise the individual of the availability of the 
information on the public Web site. MCC should document this request 
and the manner in which it handled the file. Where MCC makes the 
determination that the information requested is not

[[Page 53688]]

already publicly accessible, MCC should adhere to the procedures 
outlined in this part for processing a FOIA request and any 
administrative appeals received.
    (b) Public Reading room. (1) Records that are required to be 
maintained by MCC shall be available for public inspection and copying 
at 875 Fifteenth Street, NW., Washington, DC 20005. Reading room 
records created on or after November 1, 1996 shall be made available 
electronically via the Web site at http://www.mcc.gov.
    (2) MCC shall assess fees for searching, reviewing, or duplicating 
reading room records in accordance with Sec.  1304.9.


Sec.  1304.4  Requests for records.

    (a) Request requirements. Requests for access to, or copies of, MCC 
records shall be in writing and addressed to the FOIA Officer. Each 
request shall include the following:
    (1) A description of the requested record that provides sufficient 
detail to enable MCC to locate the record with a reasonable amount of 
effort;
    (2) The requestor's full name, mailing address, and a telephone 
number where the requester can be reached during normal business hours;
    (3) A statement that the request is made pursuant to FOIA; and
    (4) At the discretion of the requestor, a dollar limit on the fees 
MCC may incur to respond to the request for records. MCC shall not 
exceed such limit.
    (b) Incomplete Requests. If a request does not meet all of the 
requirements of paragraph (a) of this section, the FOIA Officer may 
advise the requester that additional information is needed. If the 
requester submits a corrected request, the FOIA Officer shall treat the 
corrected request as a new request.


Sec.  1304.5  Responsibility for responding to requests.

    (a) General. In determining which records are responsive to a 
request, MCC ordinarily will include only records in its possession as 
of the date it begins its search for records. If any other date is 
used, the FOIA Officer shall inform the requester of that date.
    (b) Authority to grant or deny requests. The FOIA Officer shall 
make initial determinations either to grant or deny in whole or in part 
a request for records. When the FOIA Officer denies the request in 
whole or in part, the FOIA Officer shall notify the requester of the 
denial, the grounds for the denial, and the procedures for appeal of 
the denial under Sec.  1304.8.
    (c) Consultations and referrals. When a requested record has been 
created by another Federal Government agency, that record shall be 
referred to the originating agency for direct response to the 
requester. The requester shall be informed of the referral. As this is 
not a denial of a FOIA request, no appeal rights are afforded to the 
requester. When a requested record is identified as containing 
information originating with another Federal Government agency, the 
record shall be referred to the originating agency for review and 
recommendation on disclosure.
    (d) Timing and deadlines. (1) The FOIA Officer ordinarily shall 
respond to requests according to their order of receipt.
    (2) The FOIA Officer may use multi-track processing in responding 
to requests. This process entails separating simple requesters that 
require rather limited review from more lengthy and complex requests. 
Requests in each track are then processed according to paragraph (d)(1) 
of this section in their respective track.
    (3) The FOIA Officer may provide requesters in the slower track an 
opportunity to limit the scope of their requests in order to decrease 
the processing time required. The FOIA Officer may provide such an 
opportunity by contacting the requester by letter or telephone.
    (4) The FOIA Officer shall make an initial determination regarding 
access to the requested information and notify the requester within 
twenty (20) working days after receipt of the request. This 20 day 
period may be extended if unusual circumstances arise. If an extension 
is necessary, the FOIA Officer shall promptly notify the requester of 
the extension, briefly providing the reasons for the extension, the 
date by which a determination is expected, and providing the requester 
with the opportunity to modify the request so that the FOIA Officer may 
process it in accordance with the 20 day period. Unusual circumstances 
warranting extension are:
    (i) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
officeprocessing the request;
    (ii) The need to search for, collect, and appropriately examine a 
lengthy amount of records which are demanded in a single request; or
    (iii) The need for consultation with another agency having a 
substantial interest in the determination of the request, which 
consultation shall be conducted with all practicable speed.
    (iv) If the FOIA Officer has a reasonable basis to conclude that a 
requester or group of requesters has divided a request into a series of 
requests on a single subject or related subject to avoid fees, the 
requests may be aggregated and fees charged accordingly. Multiple 
requests involving unrelated matters will not be aggregated.
    (5) If no initial determination has been made at the end of the 20 
day period provided for in paragraph (d)(4) of this section, including 
any extension, the requester may appeal the action to the FOIA Appeals 
Officer.
    (e) Expedited processing of request. The FOIA Officer must 
determine whether to grant a request for expedited processing within 10 
calendar days of its receipt. Requests will receive expedited 
processing if one of the following listed compelling reasons is met:
    (1) The requester can establish that failure to receive the records 
quickly could reasonably be expected to pose an imminent threat to the 
life or physical safety of an individual; or
    (2) The requester is primarily engaged in disseminating information 
and can demonstrate that an urgency to inform the public concerning 
actual or alleged Federal Government activity exists.
    (f) Providing responsive records. The FOIA Officer shall provide 
one copy of a record to a requester in any form or format requested if 
the record is readily reproducible by MCC in that form or format by 
regular U.S. mail to the address indicated in the request, unless other 
arrangements are made. At the option of the requester and upon the 
requester's agreement to pay fees in accordance with Sec.  1304.9, the 
FOIA Officer shall provide copies by facsimile transmission or other 
express delivery methods.


Sec.  1304.6  Records not disclosed.

    (a) Records exempt from disclosure. Except as otherwise provided in 
this part, MCC shall not disclose records that are:
    (1) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense 
or foreign policy and are in fact properly classified pursuant to such 
Executive order.
    (2) Related solely to the MCC's internal personnel rules and 
practices.
    (3) Specifically exempted from disclosure by a statute other than 
FOIA if such statute requires the record to be withheld from the public 
in such a manner as to leave no discretion on the issue, establishes 
particular criteria for withholding, or refers to particular types of 
records to be withheld.
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential.

[[Page 53689]]

    (5) Inter- or intra-agency memorandums or letters that would not be 
available by law to a party other than an agency in litigation with 
MCC.
    (6) Personnel, medical, or similar files the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.
    (7) Compiled for law enforcement purposes, but only to the extent 
that the production of such law enforcement records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority, any private institution, or a Bank, which furnished 
information on a confidential basis, and, in the case of a record 
compiled by criminal law enforcement authority in the course of a 
criminal investigation or by an agency conducting a lawful national 
security investigation, information furnished by a confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (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.
    (b) Reasonably segregable portions. (1) MCC shall provide a 
requester with any reasonably segregable portion of a record after 
deleting the portions that are exempt from disclosure under paragraph 
(a) of this section.
    (2) MCC shall make a reasonable effort to estimate the volume of 
removed information and provide that information to the requester 
unless providing the estimate would harm an interest protected by the 
exemption under which the removal is made.
    (3) MCC shall indicate the estimated volume of removed information 
on the released portion of the record unless providing the estimate 
would harm an interest protected by the exemption under which the 
removal is made. If technically feasible, MCC shall make the indication 
at the place in the record where the removal is made.
    (c) Public interest. MCC may disclose records it has authority to 
withhold under paragraph (a) of this section upon a determination that 
disclosure would be in the public interest.


Sec.  1304.7  Confidential commercial information.

    (a) Notice to submitters. The FOIA Officer shall, to the extent 
permitted by law, provide a submitter who provides confidential 
commercial information to the FOIA Officer, with prompt notice of a 
FOIA request or administrative appeal encompassing the confidential 
commercial information if the Commission may be required to disclose 
the information under the FOIA. Such notice shall either describe the 
exact nature of the information requested or provide copies of the 
records or portions thereof containing the confidential commercial 
information. The FOIA Officer shall also notify the requester that 
notice and an opportunity to object has been given to the submitter.
    (b) Where notice is required. Notice shall be given to a submitter 
when:
    (1) The information has been designated by the submitter as 
confidential commercial information protected from disclosure. 
Submitters of confidential commercial information shall use good faith 
efforts to designated either at the time of submission or a reasonable 
time thereafter, those portions of their submissions they deem 
protected from disclosure under Exemption 4 of the FOIA because 
disclosure could reasonably be expected to cause substantial 
competitive harm. Such designation shall be deemed to have expired ten 
years after the date of submission, unless the requester provides 
reasonable justification for a designation period of greater duration; 
or
    (2) The FOIA Officer has reason to believe that the information may 
be protected from disclosure under Exemption 4 of the FOIA.
    (c) Opportunity to object to disclosure. The FOIA Officer shall 
afford a submitter a reasonable period of time to provide the FOIA 
Officer with a detailed written statement of any objection to 
disclosure. The statement shall specify all grounds for withholding any 
of the information under any exemption of the FOIA, and if Exemption 4 
applies, shall demonstrate the reasons the submitter believes the 
information to be confidential commercial information that is exempt 
from disclosure. Whenever possible, the submitter's claim of 
confidentiality shall be supported by a statement or certification by 
an officer or authorized representative of the submitter. In the event 
a submitter fails to respond to the notice in the time specified, the 
submitter will be considered to have no objection to the disclosure of 
the information. Information provided by the submitter that is received 
after the disclosure decision has been made will not be considered. 
Information provided by a submitter pursuant to this paragraph may 
itself be subject to disclosure under the FOIA.
    (d) Notice of intent to disclose. The FOIA Officer shall carefully 
consider a submitter's objections and specific grounds for 
nondisclosure prior to determining whether to disclose the information 
requested. Whenever the FOIA Officer determines that disclosure is 
appropriate, the FOIA Officer shall, within a reasonable number of days 
prior to disclosure, provide the submitter with written notice of the 
intent to disclose which shall include a statement of the reasons for 
which the submitter's objections were overruled, a description of the 
information to be disclosed, and a specific disclosure date. The FOIA 
Officer shall also notify the requester that the requested records will 
be made available.
    (e) Notice of lawsuit. If the requester files a lawsuit seeking to 
compel disclosure of confidential commercial information, the FOIA 
Officer shall promptly notify the submitter of this action. If a 
submitter files a lawsuit seeking to prevent disclosure of confidential 
commercial information, the FOIA Officer shall notify the requester.
    (f) Exceptions to the notice requirements under this section. The 
notice requirements under paragraphs (a) and (b) of this section shall 
not apply if:
    (1) The FOIA Officer determines that the information should not be 
disclosed pursuant to Exemption 4 and/or any other exemption of the 
FOIA;
    (2) The information lawfully has been published or officially made 
available to the public;
    (3) Disclosure of the information is required by law (other than 
the FOIA);
    (4) The information requested is not designated by the submitter as 
exempt from disclosure in accordance with this part, when the submitter 
had the opportunity to do so at the time of submission of the 
information or within a reasonable time thereafter, unless the agency 
has substantial reason to believe that disclosure of the information 
would result in competitive harm; or

[[Page 53690]]

    (5) The designation made by the submitter in accordance with this 
part appears obviously frivolous. When the FOIA Officer determines that 
a submitter was frivolous in designating information as confidential, 
the FOIA Officer must provide the submitter with written notice of any 
final administrative disclosure date, but no opportunity to object to 
disclosure will be offered.


Sec.  1304.8  Appeals.

    (a) Right of appeal. The requester has the right to appeal to the 
FOIA Appeals Officer any adverse determination.
    (b) Notice of appeal--(1) Timing for appeal. An appeal must be 
received no later than thirty (30) working days after notification of 
denial of access to records or after the time limit for response by the 
FOIA Officer has expired. Prior to submitting an appeal any outstanding 
fees related to FOIA requests must be paid in full.
    (2) Method of appeal. An appeal shall be initiated by filing a 
written notice of appeal. The notice shall be accompanied by copies of 
the original request and initial denial of access to records. To 
expedite the appellate process and give the requester an opportunity to 
present his or her arguments, the notice should contain a brief 
statement of the reasons why the requester believes the initial denial 
of access to records was in error. The appeal shall be addressed to the 
Millennium Challenge Corporation, Attn: FOIA Appeals Officer, 875 
Fifteenth Street, NW., Washington, DC 20005.
    (c) Final agency determinations. The FOIA Appeals Officer shall 
issue a final written determination, stating the basis for his or her 
decision, within twenty (20) working days after receipt of a notice of 
appeal. If the determination is to provide access to the requested 
records, the FOIA Officer shall make those records immediately 
available to the requester. If the determination upholds the denial of 
access to the requested records, the FOIA Appeals Officer shall notify 
the requester of the determination.


Sec.  1304.9  Fees.

    (a) General. Fees pursuant to the FOIA shall be assessed according 
to the schedule contained in paragraph (b) of this section for services 
rendered by MCC in response to requests for records under this part. 
MCC's fee practices are governed by the FOIA and by the Office of 
Management and Budget's Uniform Freedom of Information Act Fee Schedule 
and Guidelines. All fees shall be charged to the requester, except 
where the charging of fees is limited under paragraph (d) of this 
section or where a waiver or reduction of fees is granted under 
paragraph (c) of this section. Payment of fees should be in U.S. 
Dollars in the form of either a check or bank draft drawn on a bank in 
the United States or a money order. Payment should be made payable to 
the Treasury of the United States and mailed to the Millennium 
Challenge Corporation, 875 Fifteenth Street, NW., Washington, DC 20005.
    (b) Charges for responding to FOIA requests. The following fees 
shall be assessed in responding to requests for records submitted under 
this part, unless a waiver or reduction of fees has been granted 
pursuant to paragraph (c) of this section:
    (1) Duplications. The FOIA Officer shall charge $0.20 per page for 
copies of documents up to 8\1/2\ x 14. For copies prepared by computer, 
the FOIA Officer will charge actual costs of production of the computer 
printouts, including operator time. For other methods of reproduction, 
the FOIA Officer shall charge the actual costs of producing the 
documents.
    (2) Searches--(i) Manual searches. Search fees will be assessed at 
the rate of $25.30 per hour. Charges for search time less than a full 
hour will be in increments of quarter hours.
    (ii) Computer searches. The FOIA Officer will charge the actual 
direct costs of conducting computer searches. These direct costs shall 
include the cost of operating the central processing unit for that 
portion of operating time that is directly attributable to searching 
for requested records, as well as the costs of operator/programmer 
salary apportionable to the search. MCC is not required to alter or 
develop programming to conduct searches.
    (3) Review fees. Review fees shall be assessed only with respect to 
those requesters who seek records for a commercial use under paragraph 
(d)(1) of this section. Review fees shall be assessed at the rate of 
$43.63 per hour. Review fees shall be assessed only for the initial 
record review, for example, review undertaken when the FOIA Officer 
analyzes the applicability of a particular exemption to a particular 
record or portion thereof at the initial request level. No charge shall 
be assessed at the administrative appeal level of an exemption already 
applied.
    (c) Statutory waiver. Documents shall be furnished without charge 
or at a charge below that listed in paragraph (b) of this section where 
it is determined, based upon information provided by a requester or 
otherwise made known to the FOIA Officer, that disclosure of the 
requested information is in the public interest. Disclosure is in the 
public interest if it is likely to contribute significantly to public 
understanding of government operations and is not primarily for 
commercial purposes. Requests for a waiver or reduction of fees shall 
be considered on a case-by-case basis. In order to determine whether 
the fee waiver requirement is met, the FOIA Officer shall consider the 
following six factors:
    (1) The subject of the request. Whether the subject of the 
requested records concerns the operations or activities of the 
government;
    (2) The informative value of the information to be disclosed. 
Whether disclosure is likely to contribute to an understanding of 
government operations or activities;
    (3) The contribution to an understanding of the subject by the 
general public likely to result from disclosure. Whether disclosure of 
the requested information will contribute to public understanding;
    (4) The significance of the contribution to public understanding. 
Whether the disclosure is likely to contribute significantly to public 
understanding of government operations or activities;
    (5) The existence and magnitude of commercial interest. Whether the 
requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (6) 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.
    (d) Types of requesters. There are four categories of FOIA 
requesters: Commercial use requesters; educational and non-commercial 
scientific institutional requesters; representatives of the news media; 
and all other requesters. These terms are defined in Sec.  1304.2. The 
following specific levels of fees are prescribed for each of these 
categories:
    (1) Commercial use requesters. The FOIA Officer shall charge 
commercial use requesters the full direct costs of searching for, 
reviewing, and duplicating requested records.
    (2) Educational and non-commercial scientific institution 
requesters. The FOIA Officer shall charge educational and non-
commercial scientific institution requesters for document duplication 
only, except that the first 100 pages of paper copies shall be provided 
without charge.

[[Page 53691]]

    (3) News media requesters. The FOIA Officer shall charge news media 
requesters for document duplication costs only, except that the first 
100 pages of paper copies shall be provided without charge.
    (4) All other requesters. The FOIA Officer shall charge requesters 
who do not fall into any of the categories in paragraphs (d)(1) through 
(3) of this section fees which recover the full reasonable direct costs 
incurred for searching for and reproducing records if that total cost 
exceeds $14.99, except that the first 100 pages of duplication and the 
first two hours of manual search time shall not be charged.
    (e) Charges for unsuccessful searches. If the requester has been 
notified of the estimated cost of the search time and has been advised 
specifically that the requested records may not exist or may be 
withheld as exempt, fees may be charged.
    (f) Nonpayment of fees. The FOIA Officer may assess interest 
charges on an unpaid bill, accrued under previous FOIA request(s), 
starting the thirty-first (31st) day following the day on which the 
bill was sent to the requester. Interest will be at the rate prescribed 
in 31 U.S.C. 3717. MCC will require the requester to pay the full 
amount owed plus any applicable interest as provided above, and to make 
an advance payment of the full amount of the remaining estimated fee 
before MCC will begin to process a new request or continue processing a 
then-pending request from the requester. The administrative response 
time limits prescribed in subsection (a)(6) of the FOIA will begin only 
after MCC has received fee payments described in this section.
    (g) Aggregating requests. The requester or a group of requesters 
may not submit multiple requests at the same time, each seeking 
portions of a document or documents solely in order to avoid payment of 
fees. When the FOIA Officer reasonably believes that a requester is 
attempting to divide a request into a series of requests to evade an 
assessment of fees, the FOIA Officer may aggregate such request and 
charge accordingly.
    (h) Advance payment of fees. Fees may be paid upon provision of the 
requested records, except that payment will be required prior to that 
time if the requester has previously failed to pay fees or if the FOIA 
Officer determines the total fee will exceed $250.00. When payment is 
required in advance of the processing of a request, the time limits 
prescribed in Sec.  1304.5 shall not be deemed to begin until the FOIA 
Officer has received payment of the assessed fee. Where it is 
anticipated that the cost of providing the requested record will exceed 
$25.00 but fall below $250.00 after the free duplication and search 
time has been calculated, MCC may, in its discretion may require 
either:
    (1) An advance deposit of the entire estimated charges; or
    (2) Written confirmation of the requester's willingness to pay such 
charges.

    Dated: September 5, 2008.
John C. Mantini,
Chief FOIA Officer, Millennium Challenge Corporation.
[FR Doc. E8-21335 Filed 9-16-08; 8:45 am]
BILLING CODE 9211-03-P