[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1004.5]

[Page 651-652]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1004--FREEDOM OF INFORMATION--Table of Contents
 
Sec. 1004.5  Processing requests for records.

    (a) Freedom of Information Officers will be responsible for 
processing requests for records submitted pursuant to this part. Upon 
receiving such a request, the Freedom of Information Officer will, 
except as provided in paragraph (c) of this section, ascertain which 
Authorizing Official has responsibility for, custody of, or concern with 
the records requested. The Freedom of Information Officer will review 
the request, consulting with the Authorizing Official where appropriate, 
to determine its compliance with Sec. 1004.4. Where a request complies 
with Sec. 1004.4, the Freedom of Information Officer will acknowledge 
receipt of the request to the requester and forward the request to the 
Authorizing Official for action.
    (b) The Authorizing Official will promptly identify and review the 
records encompassed by the request. The Authorizing Official will 
prepare a written response (1) granting the request, (2) denying the 
request, (3) granting/denying it in part, (4) replying with a response 
stating that the request has been referred to another agency under 
Sec. 1004.4(f) or Sec. 1004.6(e), (5) informing the requester that 
responsive records cannot be located or do not exist.
    (c) Where a request involves records which are in the custody of or 
are the concern of more than one Authorizing Official, the Freedom of 
Information Officer will identify all concerned Authorizing Officials, 
send copies of the request to them and forward the request for action to 
the Authorizing Official that can reasonably be expected to have custody 
of most of the requested records. This Authorizing Official will prepare 
a DOE response to the requester consistent with paragraph (b) of this 
section, which will identify any other Authorizing Official, having 
responsibility for the denial of records.
    (d) Time for processing requests. (1) Action pursuant to paragraph 
(b) of this section will be taken within 10 working days of receipt of a 
request for DOE records (``receipt'' is defined in Sec. 1004.4(a)), 
except that, if unusual circumstances require an extension of time 
before a decision on a request can be reached and the person requesting 
records is promptly informed in writing by the Authorizing Official of 
the reasons for such extension and the date on which a determination is 
expected to be dispatched, then the Authorizing Official may take an 
extension not to exceed 10 working days.
    (2) For purposes of this section and Sec. 1004.8(d), the term 
``unusual circumstances'' may include but is not limited to the 
following:
    (i) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
offices processing the request;
    (ii) The need to search for, collect and appropriately examine a 
voluminous amount of separate and distinct records which are responsive 
to a single request; or
    (iii) 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.
    (3) The requester must be promptly notified in writing of the 
extension, the reasons for the extension, and the date on which a 
determination is expected to be made.
    (4) If no determination has been made at the end of the 10-day 
period, or the last extension thereof, the requester may deem his 
adminstrative remedies to have been exhausted, giving rise to a right of 
review in a district court of the United States as specified in 5 U.S.C. 
552(a)(4). When no determination can be made within the applicable time 
limit, the responsible Authorizing Official will nevertheless continue 
to process the request. If the DOE is unable to provide a response 
within the statutory

[[Page 652]]

period, the Authorizing Official will inform the requester of the reason 
for the delay; the date on which a determination may be expected to be 
made; that the requester can seek remedy through the courts, but ask the 
requester to forego such action until a determination is made.
    (5) Nothing in this part shall preclude the Authorizing Official and 
a requester from agreeing to an extension of time for the initial 
determination on a request. Any such agreement will be confirmed in 
writing and will clearly specify the total time agreed upon.