[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: 7CFR1.15]

[Page 14]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.15  General provisions respecting release of records.

    (a) When releasing documents, agencies shall provide the record in 
any form or format the requester specifies, if the record is readily 
reproducible in that form of format. Agencies shall make reasonable 
efforts to maintain their records in forms or formats that are 
reproducible. In responding to requests for records, agencies shall make 
reasonable efforts to search for records in electronic form or format, 
except when such efforts would significantly interfere with the 
operation of an agency's automated information system. Such 
determinations shall be made on a case-by-case basis.
    (b) In the event a requested record contains some portions that are 
exempt from mandatory disclosure and others that are not, the official 
responding to the request shall ensure that all reasonably segregable 
nonexempt portions are disclosed, and that all exempt portions are 
identified according to the specific exemption or exemptions which are 
applicable. The amount of deleted information shall be indicated on the 
released portion of paper records. Deletions may be marked by use of 
brackets or darkened areas indicating removal of information, or by any 
other method that would reasonable demonstrate the extent of the 
deletion. In the case of electronic deletion, or deletion in audiovisual 
or microfiche records, if technically feasible, the amount of redacted 
information shall be indicated at the place in the records, if 
technically feasible, the amount of redacted information shall be 
indicated at the place in the record where such deletion was made. This 
may be done by use of brackets, shaded areas, or some other identifiable 
technique which will clearly show the limits of the deleted information.
    (c) If, in connection with a request or an appeal, a charge is to be 
made in accordance with sec. 8 of appendix A to this subpart, agencies 
shall inform the requester of the fee amount and of the basis for the 
charge. Each agency, in accordance with sec. 8 of appendix A to this 
subpart, may require payment of the entire fee, or a portion of the fee, 
before it provides the requested records. An agency shall require full 
payment of any delinquent fee owed by the requester plus any applicable 
interest prior to releasing records on a subsequent request or appeal. 
If a requester refuses to remit payment in advance, an agency may refuse 
to process the request or appeal with written notice to that effect 
forwarded to the requester. The ``date of receipt'' appeal for which 
advance payment has been required shall be the date that payment is 
received.
    (d) In the event compliance with the request or appeal involves 
inspection of records by the requester rather than providing copies of 
the records, the agency response shall include the name, mailing 
address, and telephone number of the person to be contacted to arrange a 
mutually convenient time for such inspection.
    (e) Whenever duplication fees, or search fees for unsuccessful 
searches (see sec. 4(f) of appendix A to this subpart), are anticipated 
to exceed $25.00, and the requester has not indicated, in advance, a 
willingness to pay fees as high as those anticipated, agencies shall 
notify the requester of the amount of the anticipated fee. If an 
extensive and therefore costly successful search is anticipated, 
agencies also should notify requesters of the anticipated fees. The 
notification shall offer the requester the opportunity to confer with 
agency personnel to reform the request to meet the requester's needs at 
a lower fee. In appropriate cases, an advance deposit in accordance with 
sec. 8 of appendix A to this subpart may be required.

[65 FR 46340, July 28, 2000]

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