[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.17]

[Page 13-14]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
                     Subpart B--Requests for Records
 
Sec. 2.17  Time limits for processing initial requests.

    (a) Basic limit. Requests for records shall be processed promptly. A 
determination whether to grant or deny a request shall be made within no 
more than 10 working days after receipt of a request. This determination 
shall be communicated immediately to the requester.
    (b) Running of basic time limit. (1) The 10 working day time limit 
begins to run when a request meeting the requirements of Sec. 2.14(b) is 
received at a

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field installation or bureau headquarters designated in Sec. 2.14(a) to 
receive the request.
    (2) The running of the basic time limit may be delayed or tolled as 
explained in Sec. 2.20 (f), (g) and (h) if a requester--
    (i) Has not stated a willingnes to pay fees as high as are 
anticipated and has not sought and been granted a full fee waiver, or
    (ii) Has not made a required advance payment.
    (c) Extensions of time. In the following unusual circumstances, the 
time limit for acting on an initial request may be extended to the 
extent reasonably necessary to the proper processing of the request, but 
in no case may the time limit be extended for more than 10 working days:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
installation processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records demanded in a single 
request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
Department having substantial subject-matter interest therein.
    (d) Notice of extension. A requester shall be notified in writing of 
an extension under paragraph (c) of this section. The notice shall state 
the reason for the extension and the date on which a determination on 
the request is expected to be made.
    (e) Treatment of delay as denial. If no determination has been 
reached at the end of the 10 working day period for deciding an initial 
request, or an extension thereof under paragraph (c) of this section, 
the requester may deem the request denied and may exercise a right of 
appeal in accordance with Sec. 2.18.
    (f) Notice of delay. When a determination cannot be reached within 
the time limit, or extension thereof, the requester shall be notified of 
the reason for the delay, of the date on which a determination may be 
expected, and of the right to treat the delay as a denial for purposes 
of appeal to the Assistant Secretary--Policy, Budget and Administration, 
including a description of the procedures for filing an appeal in 
Sec. 2.18.