[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: 36CFR1120.34]

[Page 272-273]
 
              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. 1120.34  Initial denials of requests.

    (a) An initial denial of a request may be issued only for the 
following reasons:
    (1) The record is not under the A&TBCB's control;
    (2) The record has been published in the Federal Register or is 
otherwise published and available for sale;
    (3) A statutory provision, provision of this part, or court order 
requires that the information not be disclosed;
    (4) The record is exempt from mandatory disclosure under 5 U.S.C. 
552(b) and the responding office has decided not to disclose it under 
Secs. 1120.41 and 1120.42;
    (5) The record is believed to be in the A&TBCB's custody but has not 
yet been located. (See paragraph (f) of this section.)
    (b) Each initial denial of a request shall--

[[Page 273]]

    (1) Be written, signed, and dated;
    (2) Contain a reference to the Request Identification Number;
    (3) Identify the records that are being withheld (individually or, 
if the denial covers a large number of similar records, by described 
category); and
    (4) State the basis for denial of each record of category of records 
or any reasonably segregable portion(s) thereof being withheld.
    (c) If the issuance of the determination to deny a request was 
directed by some A&TBCB officer or employee other than the person 
signing the determination letter, that other person's identity and 
position must be stated in the determination letter.
    (d) Each initial determination which denies, in whole or in part, a 
request for one or more existing, located A&TBCB records must state that 
the requestor may appeal the initial denial by sending a written appeal 
to the address shown in Sec. 1120.23 within 30 days of receipt of the 
determination. (See Sec. 1120.36.)
    (e) A determination is deemed issued on the date the determination 
letter is placed in A&TBCB mailing channels for first class mailing to 
the requestor, delivered to the U.S. Postal Service for mailing, or 
personally delivered to the requestor, whichever date first occurs.
    (f) When a request must be denied because the record has not yet 
been located (although it is believed to be in the A&TBCB's possession), 
the A&TBCB office responsible for maintaining the record must continue 
to search diligently until it is located or it appears that the record 
does not exist or is not in the A&TBCB's possession, and must 
periodically inform the requestor of the office's progress.