[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR803.3]

[Page 616]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 803_TRANSMITTAL RULES--Table of Contents
 
Sec. 803.3  Statement of reasons for noncompliance.

    A complete response shall be supplied to each item on the 
Notification and Report Form and to any request for additional 
information pursuant to section 7A(e) and Sec. 803.20. Whenever the 
person filing notification is unable to supply a complete response, that 
person shall provide, for each item for which less than a complete 
response has been supplied, a statement of reasons for noncompliance. 
The statement of reasons for noncompliance shall contain all information 
upon which a person relies in explanation of its noncompliance and shall 
include at least the following:
    (a) Why the person is unable to supply a complete response;
    (b) What information, and what specific documents or categories of 
documents, would have been required for a complete response;
    (c) Who, if anyone, has the required information, and specific 
documents or categories of documents; and a description of all efforts 
made to obtain such information and documents, including the names of 
persons who searched for required information and documents, and where 
the search was conducted. If no such efforts were made, provide an 
explanation of the reasons why, and a description of all efforts 
necessary to obtain required information and documents;
    (d) Where noncompliance is based on a claim of privilege, a 
statement of the claim of privilege and all facts relied on in support 
thereof, including the identity of each document, its author, addressee, 
date, subject matter, all recipients of the original and of any copies, 
its present location, and who has control of it.

[48 FR 34439, July 29, 1983]