[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.3]

[Page 38-39]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION UNDER 
THE FREEDOM OF INFORMATION ACT--Table of Contents
 
        Subpart A--Production or Disclosure Under 5 U.S.C. 552(a)
 
Sec.  1015.3  Requests for records and copies.

    (a) A request for access to records of the Commission shall be in 
writing addressed to the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207. Any written request for records covered by this 
part shall be deemed to be a request for records pursuant to the Freedom 
of Information Act, whether or not the Freedom of Information Act is 
mentioned in the request. An oral request for records will not be 
considered a request for records pursuant to the Freedom of Information 
Act. Responses to oral requests for records shall be made as promptly as 
resources and time restraints permit.
    (b) A request for access to records must reasonably describe the 
records requested. Where possible, specific information regarding dates, 
title, file designations, and other information which may help identify 
the records should be supplied by the requester. If the request relates 
to a matter in pending litigation, where the Commission is a party, the 
court and its location should be identified. Where the information 
supplied by the requester is not sufficient to permit identification and 
location of the records by Commission personnel without an unreasonable 
amount of effort, the requester will be contacted and asked to supply 
the necessary information. Every reasonable effort shall be made by 
Commission personnel to assist in the identification and location of 
requested records.
    (c) If it is determined that a request would unduly burden or 
interfere with the operations of the Commission, the response shall so 
state and shall extend to the requester an opportunity to confer with 
appropriate Commission personnel in an attempt to reduce the request to 
manageable proportions by reformulation and by agreeing on an orderly 
procedure for the production of the records.
    (d) If a requested record cannot be located from the information 
supplied, or is known to have been destroyed or otherwise disposed of, 
the requester shall be so notified by the Secretary or delegate of the 
Secretary.
    (e) The Consumer Product Safety Commission uses a multitrack system 
to process requests under the Freedom of Information Act that is based 
on the amount of work and/or time involved in processing requests. 
Requests for records are processed in the order they are received within 
each track. Upon

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receipt of a request for records, the Secretary or delegate of the 
Secretary will determine which track is appropriate for the request. The 
Secretary or delegate of the Secretary may contact requesters whose 
requests do not appear to qualify for the fastest tracks and provide 
such requesters the opportunity to limit their requests so as to qualify 
for a faster track. Requesters who believe that their requests qualify 
for the fastest tracks and who wish to be notified if the Secretary or 
delegate of the Secretary disagrees may so indicate in the request and, 
where appropriate and feasible, will also be given an opportunity to 
limit their requests.

[42 FR 10490, Feb. 22, 1997, as amended at 62 FR 46197, Sept. 2, 1997]