[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1120.32]

[Page 271-272]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1120--PUBLIC AVAILABILITY OF INFORMATION--Table of Contents
 
              Subpart D--Information Available Upon Request
 
Sec. 1120.32  A&TBCB action on requests.

    (a) The FOIA Officer is delegated the authority to issue initial 
determinations concerning records which he or she believes are in the 
custody of a Board member, an employee of a member's agency, or an 
employee of a public member. When the FOIA Officer receives such a 
request, he or she shall forward it to the member, employee of a member 
agency, or employee of a public member whom the FOIA Officer believes to 
have custody of the records, requesting the records. The person to whom 
the request is forwarded shall, within three days of receipt of the FOIA 
Officer's request, either furnish the records requested to the FOIA 
Officer or inform the FOIA Officer of the time when they will be 
furnished. The FOIA Officer shall then determine whether or not to 
disclose the documents. For purposes of such requests and their 
processing under this subpart, the FOIA Officer is considered the office 
handling the requests.
    (b) Heads of staff offices are delegated the authority to issue 
initial determinations, other records which are in their respective 
custody.
    (c) Whenever an A&TBCB office receives a request forwarded by the 
FOIA Officer, the office should:
    (1) Take action under Sec. 1120.26, if required, to obtain a better 
description of the records requested;
    (2) Locate the records as promptly as possible, or determine that:
    (i) The records are not known to exist; or
    (ii) They are located at another A&TBCB office; or
    (iii) They are located at another Federal agency and not possessed 
by the A&TBCB.
    (3) When appropriate, take action under Sec. 1120.53(b) to obtain 
payment or assurance of payment;
    (4) Determine which of the requested records legally must be 
withheld, and why (see Sec. 1120.42(b), Release of exempt documents);
    (5) Of the requested records which are exempt from mandatory 
disclosure but which legally may be disclosed (see Sec. 1120.42(a)), 
determine which records will be withheld, and why;
    (6) Issue an initial determination within the allowed period (see 
Sec. 1120.31), specifying (individually or by category) which records 
will be disclosed and which will be withheld, and signed by a person 
authorized to issue the determination under paragraph (a) of this 
section (see Sec. 1120.33, Initial denials of requests);
    (7) Furnish the Freedom of Information Officer a copy of the 
determination; and
    (8) If the determination denies a request, furnish the Freedom of 
Information Officer the name of the A&TBCB member(s) or employee(s) 
having custody of the records and maintain the records in a manner 
permitting their prompt forwarding to the General Counsel upon request 
if an appeal from the initial denial is filed. (See also Sec. 1120.34.)
    (d) If it appears that some or all of the requested records are not 
in the possession of the A&TBCB office which has been assigned 
responsibility for responding to the request but may be in the 
possession of some A&TBCB office, the responding office must so inform

[[Page 272]]

the Freedom of Information officer immediately.
    (e) An initial determination to disclose documents must provide the 
requested documents or provide the opportunity to inspect and/or obtain 
copies of the documents.