[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: 36CFR1120.33]

[Page 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. 1120.33  Time allowed for initial action on requests.

    (a) Except as otherwise provided in this section, as soon as 
possible and not later than the tenth working day after the day on which 
the Freedom of Information Officer receives a request for records, the 
A&TBCB office responsible for responding to the request must issue a 
written determination to the requestor stating which of the requested 
records, will, and which will not, be released and the reason for any 
denial of a request.
    (b) The period of 10 working days is measured from the date the 
request is first received and logged in by the Freedom of Information 
Officer.
    (c) There is excluded from the period of 10 working days (or any 
extension) any time which elapses between the date that a requestor is 
notified by the A&TBCB under Sec. 1120.26 that his or her request does 
not reasonably identify the records sought, and the date that the 
requestor furnishes a reasonable identification.
    (d) There is excluded from the period of 10 working days (or any 
extension) any time which elapses between the date that a requestor is 
notified by an A&TBCB office under Sec. 1120.53(b) that prepayment of 
fees is required, and the date that the requestor pays (or makes 
suitable arrangements to pay) the charges.
    (e) The A&TBCB office taking action under Sec. 1120.31 may extend 
the basic 10-day period established under paragraph (a) of this section 
by a period not to exceed 10 additional working days if--
    (1) The office notifies the Freedom of Information Officer;
    (2) The office notifies the requestor in writing within the basic 
10-day period stating the reasons for the extension and the date by 
which the office expects to be able to issue a determination;
    (3) The extension is reasonably necessary to properly process the 
particular request; and
    (4) One or more of the following unusual circumstances require the 
extension:
    (i) There is a need to search for and collect the requested records 
from field facilities or other establishments that are separate from the 
office processing the request;
    (ii) There is a need to search for, collect, and/or appropriately 
examine a voluminous amount of separate and distinct records which are 
demanded in a single request; or
    (iii) There is need for consultation with another agency having a 
substantial interest in the determination of the request or among two or 
more components of the A&TBCB. The office must conduct the consultation 
with all practicable speed.
    (f) Should the A&TBCB fail to issue a determination within the 10-
day period or any authorized extension as to an initial request, or 
during the period for consideration of an appeal, the requestor shall be 
deemed to have exhausted his or her administrative remedies with respect 
to such.

In the latter situation, the requestor may commence an action in an 
appropriate Federal district court to obtain the records.