[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1015.5]

[Page 38-39]
 
                     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.  1015.5  Time limitation on responses to requests for records and 
requests for expedited processing.

    (a) The Secretary or delegate of the Secretary shall respond to all 
written requests for records within twenty (20) working days (excepting 
Saturdays, Sundays, and legal public holidays). The time limitations on 
responses to requests for records shall begin to run as of the time a 
request for records is received by the Office of the Secretary and a 
date stamp notation placed directly on the request.
    (b) The time for responding to requests for records may be extended 
by the Secretary at the initial stage or by the General Counsel of the 
Commission at the appellate stage up to an additional ten (10) working 
days under the following unusual circumstances:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
Office of the Secretary.
    (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.
    (3) The need for consultation, 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 
Commission having substantial subject matter interest therein.
    (c) Any extension of time must be accompanied by written notice to 
the person making the request setting forth the reason(s) for such 
extension and the time within which a response is expected to be made.
    (d) If the Secretary at the initial stage or the General Counsel at 
the appellate stage determines that an extension of time greater than 
ten (10) working days is necessary to respond to a request satisfying 
the ``unusual circumstances'' specified in paragraph (b) of this 
section, the Secretary or the General Counsel shall so notify the 
requester and give the requester the opportunity to:
    (1) Limit the scope of the request so that it may be processed 
within the time limit prescribed in paragraph (b); or
    (2) Arrange with the Secretary or the General Counsel an alternative 
time frame for processing the request or a modified request.
    (e) The Secretary or delegate of the Secretary may aggregate and 
process as a single request requests by the same requester, or a group 
of requesters acting in concert, if the Secretary or delegate reasonably 
believes that the requests actually constitute a single request which 
would otherwise satisfy the unusual circumstances specified in paragraph 
(b) of this section, and the requests involve clearly related matters.
    (f) The Secretary or delegate of the Secretary will provide 
expedited processing of requests in cases where the requester 
demonstrates a compelling need for such processing.
    (1) The term ``compelling need'' means:
    (i) That a failure to obtain requested records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) With respect to a request made by a person primarily engaged in 
disseminating information, that there is an urgency to inform the public 
concerning actual or alleged Federal Government activity.
    (2) Requesters for expedited processing must include in their 
requests a statement setting forth the basis for

[[Page 39]]

the claim that a ``compelling need'' exists for the requested 
information, certified by the requester to be true and correct to the 
best of his or her knowledge and belief.
    (3) The Secretary or delegate of the Secretary will determine 
whether to grant a request for expedited processing and will notify the 
requester of such determination within ten (10) days of receipt of the 
request.
    (4) Denials of requests for expedited processing may be appealed to 
the Office of the General Counsel as set forth in Sec.  1015.7 of this 
part. The General Counsel will expeditiously determine any such appeal.
    (5) The Secretary or delegate of the Secretary will process as soon 
as practicable the documents responsive to a request for which expedited 
processing is granted.
    (g) The Secretary may be unable to comply with the time limits set 
forth in this Sec.  1015.5 when disclosure of documents responsive to a 
request under this part is subject to the requirements of section 6(b) 
of the Consumer Product Safety Act, 15 U.S.C. 2055(b), and the 
regulations implementing that section, 16 CFR part 1101. The Secretary 
or delegate of the Secretary will notify requesters whose requests will 
be delayed for this reason.

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