[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1206.603]



[Page 60]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1206_AVAILABILITY OF AGENCY RECORDS TO MEMBERS OF THE PUBLIC--Table 

of Contents

 

                          Subpart 6_Procedures

 

Sec. 1206.603  Procedures and time limits for initial determinations.



    (a) Except as provided in Sec. 1206.608, an initial determination 

on a request for an Agency record, addressed in accordance with Sec. 

1206.601(a) or made in person at a NASA FOIA Office shall be made, and 

the requester shall be sent notification thereof, within 20 working days 

after receipt of the request, as required by 5 U.S.C. 552(a)(6).

    (b) An initial determination on a request for an Agency record by 

mail not addressed in accordance with Sec. 1206.601(a) shall be made, 

and the requester shall be sent notification thereof, within 20 working 

days after the correspondence is recognized as a request for an Agency 

record under the ``Freedom of Information Act'' and received by the 

appropriate NASA FOIA Office. With respect to such a request, unless an 

initial determination can reasonably be made within 20 working days of 

the original receipt, the request will be promptly acknowledged and the 

requester notified of the date the request was received at that FOIA 

Office and that an initial determination on the request will be made 

within 20 working days of that date.

    (c) If it is determined that the requested record (or portion 

thereof) will be made available, and if the charges are under $250, NASA 

will either send a copy of the releasable record and a bill for the fee 

or send the initial determination and a bill for the fee to the 

requester. In the latter case, the documents will be released when the 

fee is received. If the fee chargeable is over $250, a request for 

payment of the fee will always be sent with the initial determination, 

and the records will be mailed only upon receipt of payment. When 

records are sent before payment is received, the fact that interest will 

be charged from the 31st day after the day of the response shall be 

stated in the response. The date of the mailing of an initial 

determination, with or without the records(s), shall be deemed to 

satisfy the time limit for initial determinations.

    (d) Any notification of an initial determination that does not 

comply fully with the request for an Agency record, including those 

searches that produce no documents, shall include a statement of the 

reasons for the adverse determination, include the name and title of the 

person making the initial determination, and notify the requester of the 

right to appeal to the Administrator, or the Inspector General, as 

appropriate, under Sec. 1206.605.

    (e) If the requester demonstrates a ``compelling need'' as defined 

in Sec. 1206.101(r) for records, NASA shall provide expedited 

processing of the request. NASA will inform the requester as to whether 

the request for expedited processing has been granted within 10 working 

days after the date of the request.