[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: 14CFR1206.608]



[Page 61-62]

 

                     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. 1206.608  Time extensions in unusual circumstances.



    (a) In ``unusual circumstances'' as that term is defined in Sec. 

1206.101(f), the time limits for an initial determination (see Sec. 

1206.603 and Sec. 1206.604) and for a final determination (see Sec. 

1206.607) may be extended, but not to exceed a total of 10 working days 

in the aggregate in the processing of any specific request for an Agency 

record.

    (b) If an extension of time under this section would be required, 

the requester shall be promptly notified of the reasons therefor and the 

date when a determination will be sent.

    (c) If a record described in a request cannot be located within the 

20-working-day time limit for an initial determination, after 

consultation with a professional NASA employee who is familiar with the 

subject area of the request, that fact normally will justify an initial 

determination that the record requested cannot be identified or located, 

rather than a decision that an extension of time under this section 

would be appropriate.

    (d) In exceptional circumstances, if it would be impossible to 

complete a search for or review of Agency records within the 20-working-

day period for an



[[Page 62]]



initial determination, an official authorized to make an initial 

determination or the designee may seek an extension of time from the 

requester. If such an extension of time can be agreed upon, that fact 

should be clearly documented and the initial determination made within 

the extended time period; if not, an initial determination that the 

record cannot be identified or located, or reviewed, within the 20-

working-day time limit shall be made under Sec. 1206.603. ``Exceptional 

circumstances'' do not include a delay that results from a predictable 

Agency workload of requests unless the Agency demonstrates reasonable 

progress in reducing its backlog of pending requests. Refusal by the 

requester to reasonably modify the scope of a request or arrange an 

alternative time frame for processing the request shall be considered as 

a factor in determining whether exceptional circumstances exist.