[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR9.29]

[Page 218-219]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 9_PUBLIC RECORDS--Table of Contents
 
            Subpart A_Freedom of Information Act Regulations
 
Sec. 9.29  Appeal from initial determination.

    (a) A requester may appeal a notice of denial of a Freedom of 
Information Act request for access to agency records, denial of a 
request for waiver or reduction of fees, or denial of a request for 
expedited processing under this subpart within 30 calendar days of the 
date of the NRC's denial. For agency records denied by an Office 
Director reporting to the Executive Director for Operations, the appeal 
should be addressed to the Executive Director for Operations and sent 
using an appropriate method listed in Sec. 9.6. For agency records 
denied by an Office Director reporting to the Commission, the Assistant 
Secretary of the Commission, or the Advisory Committee Management 
Officer and for a denial of a request for a waiver or reduction of fees, 
or denial of a request for expedited processing, the appeal must be in 
writing and addressed to the Secretary of the Commission. For agency 
records denied by the Assistant Inspector General for Investigations, 
the appeal must be in writing and addressed to the Inspector General. 
The appeal should be clearly marked ``Appeal from Initial FOIA 
Decision.'' The NRC does not consider an appeal that is not marked as 
indicated in this paragraph as received until it is actually received by 
the Executive Director for Operations, Secretary of the Commission, or 
the Inspector General.
    (b) The NRC will make a determination on any appeal made under this 
section within 20 working days after the receipt of the appeal, except 
an appeal of the denial of a request for expedited processing will be 
determined within 10 working days after receipt of the appeal.
    (c)(1) If the appeal is denied in whole or in part, the Executive 
Director for Operations or a Deputy Director, the Secretary of the 
Commission, or the Inspector General, as appropriate, will notify the 
requester of the denial, explaining the exemptions relied upon and how 
the exemptions apply to the agency records withheld.
    (2) If, on appeal, the denial of a request for expedited processing 
or for a waiver or reduction of fees for locating and reproducing agency 
records is upheld in whole or in part, the Secretary of the Commission 
will notify the person making the request of the

[[Page 219]]

decision to sustain the denial, including a statement explaining why the 
request does not meet the requirements of Sec. 9.25(e) (1) and (2) or 
Sec. 9.41.
    (3) The Executive Director for Operations, or a Deputy Executive 
Director, or the Secretary of the Commission, or the Inspector General 
will inform the requester that the denial is a final agency action and 
that judicial review is available in a district court of the United 
States in the district in which the requester resides or has a principal 
place of business, in which the agency records are situated, or in the 
District of Columbia.
    (d) The Executive Director for Operations, or a Deputy Executive 
Director, or the Secretary of the Commission, or the Inspector General 
will furnish copies of all appeals and written determinations on appeals 
to the Freedom of Information Act and Privacy Act Officer.

[63 FR 2876, Jan. 20, 1998, as amended at 68 FR 58800, Oct. 10, 2003]