[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: 36CFR1120.38]

[Page 274]
 
              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. 1120.38  Time allowed for action on appeals.

    (a) Except as otherwise provided in this section, as soon as 
possible and not later than the twentieth working day after the day on 
which the Freedom of Information Officer receives an appeal from an 
initial denial of a request for records, the General Counsel shall issue 
a written determination stating which of the requested records (as to 
which appeal was made) will and which will not be disclosed.
    (b) The period of 20 working days shall be measured from the date an 
appeal is first received by the Freedom of Information Officer.
    (c) The General Counsel may extend the basic 20-day period 
established under paragraph (a) of this section by a period not to 
exceed 10 additional working days if--
    (1) He or she notifies the Freedom of Information Officer;
    (2) He or she notifies the requestor in writing within the basic 20-
day period stating the reasons for the extension and the date by which 
he or she 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 records from field 
facilities or other establishments that are separated from the office 
processing the appeal;
    (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 a need for consultation with another agency or among 
two or more components of the A&TBCB. The General Counsel must conduct 
the consultation with all practicable speed.
    (d) No extension of the 20-day period may be issued under paragraph 
(c) of this section which would cause the total of all such extensions 
and of any extensions issued under Sec. 1120.33(c) to exceed 10 working 
days.