[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: 36CFR810.3]

[Page 132-133]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                     CHAPTER VIII--ADVISORY COUNCIL
                        ON HISTORIC PRESERVATION
 
PART 810--FREEDOM OF INFORMATION ACT REGULATIONS--Table of Contents
 
Sec. 810.3  Action on requests.

    (a) Once a requested record has been identified, the Administrative 
Officer shall notify the requester of a date and location where the 
records may be examined or of the fact that copies are available. The 
notification shall also advise the requester of any applicable fees 
under Sec. 810.5.
    (b) A reply denying a request shall be in writing, signed by the 
Administrative Officer and shall include:
    (1) Reference to the specific exemption under the Act which 
authorizes the denial of the record, a brief explanation of how the 
exemption applies to the record requested, and a brief statement of why 
a discretionary release is not appropriate; and,
    (2) A statement that the denial may be appealed under Sec. 810.4 
within 30 days by writing to the Executive Director, Advisory Council on 
Historic Preservation, 1522 K Street NW., Washington, DC 20005.
    (c) The requirements of Sec. 810.3 (b)(1) and (2) do not apply to 
requests denied on the ground that they are not described with 
reasonable specificity and consequently cannot be identified.
    (d) Within 10 working days from receipt of a request, the 
Administrative Officer shall determine whether to grant or deny the 
request and shall promptly notify the requester of the decision. In 
certain unusual circumstances specified below, the time for 
determinations on requests may be extended up to a total of 10 
additional working days. The requester shall be notified in writing of 
any extension and of the reason for it, as well as of the data on which 
a determination will be made. Unusual circumstances include:
    (1) The need to search for and collect records from field offices or 
other establishments that are separate from the Washington office of the 
Council;
    (2) The need to search for, collect, and examine a voluminous amount 
of material which is sought in a request; or,

[[Page 133]]

    (3) The need for consultation with another agency having substantial 
interest in the subject matter of the request.

If no determination has been made by the end of the 10-day period or the 
end of the last extension, the requester may deem his request denied and 
may exercise a right of appeal in accordance with Sec. 810.4.