[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.16]

[Page 14]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.16  Extension of administrative deadlines.

    (a) In unusual circumstances as specified in this section, when 
additional time is needed to respond to the initial request or to an 
appeal, agencies shall acknowledge the request or the appeal in writing 
within the 20 working day time period, describe the unusual 
circumstances requiring the delay, and indicate the anticipated date for 
a substantive response that may not exceed 10 additional working days, 
except as provided in the following:
    (1) In instances in which the agency, with respect to a particular 
request, has extended the response date by 10 additional working days, 
if the agency finds that it cannot make a response determination within 
the additional 10 working day period, the agency shall notify the 
requester and provide the requester an opportunity to limit the scope of 
the request to allow the agency to process the request within the 
extended time limit, or an alternative time frame for processing the 
request or a modified request.
    (2) If the requester refuses to reasonably modify the request or 
arrange for an alternative time frame for processing the request, the 
FOIA provides that such refusal shall be considered as a factor in 
determining whether there are exceptional circumstances that warrant 
granting additional time for the agency to complete its review of the 
records, as set forth in 5 U.S.C. 552(a)(6)(C)(iii). The term 
``exceptional circumstances'' does not include a delay that results from 
a predictable agency backlog, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
    (b) As used in this section, ``unusual circumstances'' that may 
justify delay are:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another Department or agency having a 
substantial interest in the determination of the request or among two or 
more components of agency having substantial subject-matter interest in 
the request.

    Note to paragraph (b):
    Consultation regarding policy or legal issues between an agency and 
the Office of the General Counsel, Office of Communications, or the 
Department of Justice is not a basis for extension under this section.

    (c) The 10-day extension authorized by this section may be divided 
between the initial and appellate reviews, but in no event shall the 
total extension exceed 10 working days.
    (d) Nothing in this section shall preclude the agency and the 
requester from agreeing to an extension of time. Any such agreement 
should be confirmed in writing and should specify clearly the total time 
agreed upon.

[65 FR 46340, July 28, 2000]