U.S.

Departmentof IlomelandSecurity
Of/i.ceof GeneralCounsel
20 Massachusetts AvenueNW Room4210
Washington,DC20529

U.S.Citizenship
and Immigration
Services

APP2010001470

Norman Oder
Atlantic Yards Report
84 Sterling Place,#2
Brooklyn,NY 11217

Dear Norman Oder:

Re: COW2010000432

you appealedthe action of the National RecordsCenterregardingyour waiver of feesrequest

applicableto accessto recordspertaining to EB-5 New York City Regional Center,dated
October5,2010.

On the basis of all of the information availableto me, we have determinedthat your requestfor a
waiver of fees shouldbe denied. The statutorytest for evaluatingfee waiver requestsis whether
releaseof the information "is in the public interestbecauseit is likely to contribute significantly
to public understandingof the operationsor activities of the govemmentand is not primarily in
the commercialinteresi of the requester,"in which a fee waiver or reduction is requiredby law.
5 U.S.C. $ 552(a)(a(Axiii). We consideredsix factors in our determinationas to whether your
request,utirfi"r this statutory standard:(1) whether the subjectof the requestedrecordsconcerns
'the operationsor activities of the government";(2) whether the disclosureis "likely to
contribute',to an understandingof governmentoperationsor activities; (3) whether disclosureof
the requestedinformation will contributeto the understandingof the generalpublic; (4) whether
the disclosureis likely to contribute "significantly" to public understandingof the govemment
operationsor activities; (5) whether the requesterhas a commercialinterestthat would be
furtheredby the requesteddisclosure;and (6) whether any such commercial interestoutweighs
the public interestin disclosure.(See6 C.F.R. $5.11(k).

In reachinga conclusionon your request,we have analyzedthesesix factors as they apply to the
circumstancesof your request. We are unawareof any significant public understandingof
governmentoperationsoi activities that would result from the releaseof the recordsyou seek.
Accordingly, your requestis denied.