[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.7]

[Page 11]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.7  Agency response to requests for records.

    (a) 5 U.S.C. 552(a)(6)(A)(i) provides that each agency of the 
Department to which a request for records is submitted in accordance 
with Sec. 1.5(a) shall inform the requester of its determination 
concerning that request within 20 working days of its date of receipt 
(excepting Saturdays, Sundays, and legal public holidays), plus any 
extension authorized under Sec. 1.16. If the agency determines to grant 
the request, it shall inform the requester of any conditions surrounding 
the granting of the request (e.g., payment of fees) and the approximate 
date upon which the agency will provide the requested records. If the 
agency grants only a portion of the request, it shall treat the portion 
not granted as a denial, and make a reasonable effort to estimate the 
volume of the records denied and provide this estimate to the requester, 
unless providing such an estimate would harm an interest protected by an 
exemption of the FOIA. If the agency determines to deny the request in 
part or in whole, it shall immediately inform the requester of that 
decision and provide the following:
    (1) The reasons for the denial;
    (2) The name and title or position of each person responsible for 
denial of the request;
    (3) The requester's right to appeal such denial and the title and 
address of the official to whom such appeal is to be addressed; and
    (4) The requirement that such appeal be made within 45 days of the 
date of the denial.
    (b) If the reason for not fulfilling a request is that the records 
requested are in the custody of another agency outside USDA, other than 
in the permanent custody of the National Archives and Records 
Administration (``NARA''), the agency shall inform the requester of this 
fact and shall forward the request to that agency or Department for 
processing in accordance with its regulations. If the records are in the 
permanent custody of NARA, the agency shall so inform the requester. 
Information about obtaining access to records at NARA may be obtained 
through the NARA Archival Information Locator (NAIL) Database at http://
www/nara.gov/nara.nail.html, or by calling NARA at (301) 713-6800. If 
the agency has no knowledge of requested records or if no records exist, 
the agency shall notify the requester of that fact.

[65 FR 46338, July 28, 2000]