[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: 7CFR1.9]

[Page 11]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.9  Expedited processing.

    (a) A requester may apply for expedited processing at the time of 
the initial request for records. Within ten calendar days of its receipt 
of a request for expedited processing, an agency shall decide whether to 
grant it, and shall notify the requester of the decision. Once the 
determination has been made to grant expedited processing, an agency 
shall process the request as soon as practicable. If a request for 
expedited processing is denied, the agency shall act expeditiously on 
any appeal of that decision.
    (b) A request or appeal will be taken out of order and given 
expedited treatment whenever the agency determines that the requester 
has established either of the following criteria:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (2) An urgency to inform the public about an actual or alleged 
federal government activity, if made by an individual primarily engaged 
in disseminating information. Representatives of the news media would 
normally qualify as individuals primarily engaged in disseminating 
information; however, other requesters must demonstrate that their 
primary activity involves publishing or otherwise disseminating 
information to the public as a whole, and not just a particular segment 
or group. ``Urgency'' contemplates that the information has a particular 
value that will be lost if not disseminated quickly. Ordinarily this 
means a breaking news story of general public interest. Information of 
historical interest only or information sought for litigation or 
commercial activities would not meet the test of urgency, nor would a 
news media publication or broadcast deadline unrelated to the news 
breaking nature of the information.
    (c) A requester who seeks expedited processing must provide a 
written statement that the requester has certified to be true and 
correct to the best of the requester's knowledge, explaining in detail 
the basis for requesting expedited processing. The agency will not 
consider the request to have been received unless accompanied by a 
written, certified statement, and will be under no obligation to 
consider the request for expedited processing until it receives such a 
written, certified statement.
    (d) the same procedures apply to requests for expedited processing 
of administrative appeals.

[65 FR 46338, July 28, 2000]