[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2004.8]



[Page 456]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2004_FREEDOM OF INFORMATION POLICIES AND PROCEDURES--Table of 

Contents

 

Sec. 2004.8  Time limits.



    (a) An initial response under Sec. 2004.6 shall be made within 10 

days (exempting Saturdays, Sundays, and legal public holidays) after the 

receipt of a request for a record under this part by the Freedom of 

Information Officer or his designee. An appeal under Sec. 2004.7 shall 

be decided within 20 days (excepting Saturdays, Sundays and legal public 

holidays) after the receipt of such an appeal by the Appeals Committee.

    (b) The time limits for initial decision and for an appeal decision 

begins on the date the request or appeal is actually received by STR. If 

requests or appeals not properly marked ``Freedom of Information 

Request'' or ``Freedom of Information Act Appeal'' on the request or 

appeal are inadvertently delayed in reaching the Freedom of Information 

Officer or the Appeals Committee they will not be deemed received by STR 

until actually received by the Freedom of Information Officer or Appeals 

Committee. In such event, the person making the request or appeal will 

be furnished a notice of the effective date of receipt.

    (c) In unusual circumstances as specified in this paragraph, the 

Freedom of Information Officer or his designee may extend the time 

limits in paragraph (a) of this section by written notice to the person 

requesting a record under this part, which notice shall set forth the 

reasons for such extension and the date on which a determination or 

appeal decision is expected to be dispatched. No such notice shall 

specify a date which would result in an extension of either the initial 

determination period, or the appeal period, or both, for more than 10 

working days. As used in this paragraph ``unusual circumstances'' means, 

but only to the extent reasonably necessary to the proper processing of 

the particular request:

    (1) The need to search for and collect the requested records from 

overseas posts 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 consultations, which shall be conducted with all 

practicable speed, with another agency having a substantial interest in 

the determination of the request, or among two or more components of the 

agency having substantial subject matter interest therein.

    (d) Where the responsible official believes that further 

consideration of a request may result in the release of additional 

records or portions thereof, the expiration of the time period allocated 

by the Freedom of Information Officer or his designee does not require 

the termination of that consideration, and it should be continued with a 

view to maximum disclosure of requested records within a reasonable 

period of time.