Title 15 - COMMERCE AND FOREIGN TRADE

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart A--Freedom of Information Act

Sec. 4.7  Responses to requests.

    (a) Grants of requests. If a component makes a determination to 
grant a request in whole or in part, it shall notify the requester in 
writing. The component shall inform the requester in the notice of any 
fee to be charged under Sec. 4.11 and disclose records to the requester 
promptly upon payment of any applicable fee. Records disclosed in part 
shall be marked or annotated to show the applicable FOIA exemption(s) 
and the amount of information deleted, unless doing so would harm an 
interest protected by an applicable exemption. The location of the 
information deleted shall also be indicated on the record, if feasible.
    (b) Adverse determinations of requests. If a component makes an 
adverse determination regarding a request, it shall notify the 
requester of that determination in writing. An adverse determination is 
a denial of a request in any respect, namely: a determination to 
withhold any requested record in whole or in part; a determination that 
a requested record does not exist or cannot be located; a determination 
that a record is not readily reproducible in the form or format sought 
by the requester; a determination that what has been requested is not a 
record subject to the FOIA (except that a determination under 
Sec. 4.11(j) that records are to be made available under a fee statute 
other than the FOIA is not an adverse determination); a determination 
against the requester on any disputed fee matter, including a denial of 
a request for a reduction or waiver of fees; or a denial of a request 
for expedited processing. Each denial letter shall be signed by an 
official listed in Appendix B to this part, and shall include:
    (1) The name and title or position of the denying official;
    (2) A brief statement of the reason(s) for the denial, including 
applicable FOIA exemption(s);
    (3) An estimate of the volume of records or information withheld, 
in number of pages or some other reasonable form of estimation. This 
estimate need not be provided if the volume is otherwise indicated 
through deletions on records disclosed in part, or if providing an 
estimate would harm an interest protected by an applicable FOIA 
exemption; and
    (4) A statement that the denial may be appealed, and a list of the 
requirements for filing an appeal under Sec. 4.10(b).