[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2411.8]

[Page 353-354]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2411--AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents
 
Sec. 2411.8  Modification of time limits.

    (a) In unusual circumstances as specified in this section, the time 
limits prescribed with respect to initial determinations or 
determinations on appeal may be extended by written notice from the 
officer handling the request (either initial or on appeal) to the person 
making such request setting forth the reasons for such extension and the 
date on which a determination is expected to be dispatched. No such 
notice shall specify a date that would result in a total extension of 
more than ten (10) working days. As used in this section, ``unusual 
circumstances'' means, but only to the extent reasonably necessary to 
the proper processing of the particular request:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a

[[Page 354]]

substantial interest in the determination of the request or among two or 
more components of the agency having substantial subject matter interest 
therein.
    (b) Expedited processing of a request for records, or an appeal of a 
denial of a request for expedited processing, shall be provided when the 
requester demonstrates a compelling need for the information and in 
other cases as determined by the officer processing the request. A 
requester seeking expedited processing can demonstrate a compelling need 
by submitting a statement certified by the requester to be true and 
correct to the best of such person's knowledge and belief and that 
satisfies the statutory and regulatory definitions of compelling need. 
Requesters shall be notified within ten (10) calendar days after receipt 
of such a request whether expedited processing, or an appeal of a denial 
of a request for expedited processing, was granted. As used in this 
section, ``compelling need'' means:
    (1) That a failure to obtain requested records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (2) With respect to a request made by a person primarily engaged in 
disseminating information, urgency to inform the public concerning 
actual or alleged Federal Government activity.

[64 FR 18799, Apr. 16, 1999]