[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: 16CFR1015.6]

[Page 40-41]
 
                     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.  1015.6  Responses: Form and content.

    (a) When a requested record has been identified and is available for 
disclosure, the requester shall either be supplied with a copy or 
notified as to where and when the record will be made available for 
inspection. If a requester desires to inspect records at one of the 
regional offices of the Commission, the Secretary will ordinarily make 
the records available at the requested regional office. If the payment 
of fees is required the requester shall be advised by the Secretary in 
writing of any applicable fees under Sec.  1015.9 hereof.
    (b) A response denying a written request for a record shall be in 
writing signed by the Secretary or delegate of the Secretary and shall 
include:
    (1) The identity of each person responsible for the denial.
    (2) A reference to the specific exemption or exemptions under the 
Freedom of Information Act authorizing the withholding of the record 
with a brief explanation of how the exemption applies to the record 
withheld; and
    (3) An estimation of the volume of requested material withheld. When 
only a portion or portions of a document are withheld, the amount of 
information deleted shall be indicated on the released portion(s) of the 
record. When technically feasible, the indication of the amount of 
material withheld will appear at the place in the document where any 
deletion is made. Neither an estimation of the volume of requested 
material nor an indication of the amount of information deleted shall be 
included in a response if doing so would harm an interest protected by 
the exemption in 5 U.S.C. 552(b) pursuant to which the material is 
withheld.
    (4) A statement that the denial may be appealed to the Commissioners 
of the Consumer Product Safety Commission. Any such appeal must be made 
within 30 calendar days of receipt of the denial by the requester.

[[Page 41]]

    (c) If no response is made within twenty (20) working days or any 
extension thereof, the requester can consider his or her administrative 
remedies exhausted and seek judicial relief in a United States District 
Court as specified in 5 U.S.C. 552(a)(4)(B). When it appears that no 
response can be made to the requester within the applicable time limit, 
the Secretary or delegate of the Secretary may ask the requester to 
forego judicial relief until a response can be made. The Secretary or 
delegate of the Secretary shall inform the requester of the reason for 
the delay, of the date on which a response may be expected and of his/
her right to seek judicial review as specified in 5 U.S.C. 552(a)(4)(B).

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