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U.S. Department of Justice 



Federal Bureau of Investigation 



Washington, D.C. 20535 



JULY 31, 2013 



MR. ROBERT DELAWARE 
MUCKROCK NEWS 
DEPT MR 5655 
POST OFFICE BOX 55819 
BOSTON, MA 02205-5819 



Dear Mr. Delaware: 

This is in response to your request for a fee waiver for the above referenced Freedom of Information/Privacy 
Acts (FOIPA) request. Fee waivers are determined on a case by case basis. See 5 U.S.C. § 552 (a)(4)(A)(iii). 

To be granted a fee waiver or a reduction in fees, two requirements must be satisfied. First, you must 
demonstrate that "disclosure of the [requested] information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of the government." Second, you must establish that 
"disclosure of the information ... is not primarily in the commercial interest of the requester." See 5 U.S.C. § 
552(a)(4)(A)(iii). The burden is on the requester to show the statutory requirements for a fee waiver have been met. If 
these requirements are not satisfied, a fee waiver is unavailable under the statute. 

To determine whether disclosure is in the public interest, we consider these factors: (1) whether the subject 
of the requested records concerns "the operations or activities of the government;" (2) whether the disclosure is "likely 
to contribute" to an understanding of government operations or activities; and (3) whether disclosure of the requested 
information will contribute "significantly" to "public understanding." See 28 C.F.R. §16.1 1(k)(2). 

If the first requirement has been met, we must then determine whether disclosure of the requested information 
is primarily in the commercial interest of the requester. To make this determination, we consider these factors: (1) 
whether the requester has a commercial interest that would be furthered by the requested disclosure and (2) whether 
the magnitude of the identified commercial interest of the requester is sufficiently large, [compared to] the public interest 
in disclosure, that disclosure is "primarily in the commercial interest of the requester." See 28 C.F.R. § 16.1 1 (k)(3). If 
the requester's commercial interest in disclosure is greater than the public interest to be served, then a fee waiver is not 
warranted. 

We have reviewed the information that you provided in support of your request for a fee waiver and have found 
that you do not satisfy the requirements. 

You may file an appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of 
Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001, or you may submit an appeal through 
OIP's eFOIA portal at http://www.iustice.gov/oip/efoia-portal.html . Your appeal must be received by OIP within sixty 
(60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly 
marked "Freedom of Information Appeal." Please cite the FOIPA Request Number in any correspondence to us for 
proper identification of your request. 



FOIPA Request No. 1216833-000 
Subject: ESTES, BILLIE SOL 



Sincerely, 




David M. Hardy 
Section Chief, 
Record/Information 

Dissemination Section 
Records Management Division 



U.S. Department of Justice 




Federal Bureau of Investigation 

Washington, D.C. 20535 

JULY 31, 2013 

MR. ROBERT DELAWARE 
MUCKROCK NEWS 
DEPT MR 5655 
POST OFFICE BOX 55819 

BOSTON, MA 02205-5819 FOIPA Request No.: 1216833-000 

Subject: ESTES, BILLIE SOL 

Dear Mr. Delaware: 

This is in reference to your Freedom of Information Act (FOIA) request. 

The Federal Bureau of Investigation (FBI) has located approximately 71,851 pages of records 
potentially responsive to the subject of your request. By DOJ regulation, the FBI notifies requesters when 
anticipated fees exceed $25.00. 

There is a duplication fee often cents per page if you receive a paper copy ( See 28 C.F.R. §16.11 
and 16.49). Releases are also available on CD upon request. Each CD contains approximately 500 
reviewed pages per release. The 500 page estimate is based on our business practice of processing medium 
and large track cases in segments. The first 100 pages, or the cost equivalent ($10.00) for releases on CD, 
will be provided to you at no charge. If all pages potentially responsive are released, you will owe $7,175.10 
in duplication fees to receive a paper copy or $2,150.00 (144 CD's at $15.00 less $10.00) to receive the 
release on CD. 

Please remember this is only an estimate, and some of the information may be withheld in full 
pursuant to FOIA/Privacy Act exemption(s). Also, some information may not be responsive to your subject. 
Thus, the actual charges could be less. No payment is required at this time . However, you must notify us in 
writing within thirty (30) days from the date of this letter of your format decision (paper or CD) and your 
commitment to pay the estimated fee. 

If we do not receive your format decision and/or commitment to pay within thirty (30) days of the date 
of this notification, your request will be closed. Include the FOIPA Request Number listed above in any 
communication regarding this matter. 

You have the opportunity to reduce the scope of your request; this will accelerate the process and 
could potentially place your request in a smaller processing queue. This may also reduce search and 
duplication costs and allow for a more timely receipt of your information. The FBI uses a three-queue 
processing system to fairly assign and process new requests. Requests track into one of the three queues 
depending on the number of responsive pages - 500 pages or less (small queue), 501 pages to 2500 pages 
(medium queue), or more than 2500 pages (large queue). Small queue cases usually require the least time 
to process. Please advise in writing, if you would like to discuss reducing the scope of your request, and your 
willingness to pay the estimated search and duplication costs indicated above. Provide a telephone number, 
if one is available, where you can be reached between 8:00 a.m. and 5:00 p.m., Eastern Time. Mail your 
response to: Work Process Unit; Record Information/Dissemination Section; Records Management Division; 
Federal Bureau of Investigation; 170 Marcel Drive; Winchester, VA 22602. You may also fax your response 
to: 540-868-4997, Attention: Work Process Unit. 



Sincerely, 

David M. Hardy 
Section Chief, 
Record/Information 
Dissemination Section 
Records Management Division