[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1004.7]

[Page 720-721]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1004_FREEDOM OF INFORMATION--Table of Contents
 
Sec. 1004.7  Responses by authorizing officials: Form and content.

    (a) Form of grant. Records requested pursuant to Sec. 1004.4 will 
be made available promptly, when they are identified and determined to 
be nonexempt under this Regulation, the Freedom of Information Act, and 
where the applicable fees are $15 or less or where it has been 
determined that the payment of applicable fees should be waived. Where 
the applicable fees exceed $15, the records may be made available before 
all charges are paid.
    (b) Form of denial. A reply denying a request for a record will be 
in writing. It will be signed by the Denying Official pursuant to Sec. 
1004.5 (b) or (c) and will include:
    (1) Reason for denial. A statement of the reason for denial, 
containing a reference to the specific exemption under the Freedom of 
Information Act authorizing the withholding of the record and a brief 
explanation of how the exemption applies to the record withheld, and a 
statement of why a discretionary release is not appropriate.
    (2) Persons responsible for denial. A statement setting forth the 
name and the title or position of each Denying Official and identifying 
the portion of the denial for which each Denying Official is 
responsible.
    (3) Segregation of nonexempt material. A statement or notation 
addressing the issue of whether there is any segregable nonexempt 
material in the documents or portions thereof identified as being 
denied.

[[Page 721]]

    (4) Adequacy of search. Although a determination that no such record 
is known to exist is not a denial, the requester will be informed that a 
challenge may be made to the adequacy of the search by appealing within 
30 calendar days to the Office of Hearings and Appeals.
    (5) Administrative appeal. A statement that the determination to 
deny documents made within the statutory time period, may be appealed 
within 30 calendar days to the Office of Hearings and Appeals.