Section 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).