[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR5.54]



[Page 38-39]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 5_PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents

 

                       Subpart D_Described Records

 

Sec.  5.54  Denial of request of records.



    (a) Each of the following officials within FEMA, any official 

designated to act for the official, or any official redelegated 

authority by such officials shall have the authority to make initial 

denials of requests for disclosure of records in his or her custody, and 

shall, in accordance with 5 U.S.C. 552(a)(6)(C) be the responsible 

official for denial of records under this part.

    (1) Deputy Director

    (2) [Reserved]

    (3) Federal Insurance Administrator

    (4) Associate Directors

    (5) United States Fire Administrator

    (6) Chief of Staff

    (7) Office Directors

    (8) General Counsel

    (9) Inspector General

    (10) Comptroller

    (11) Regional Directors

    (b) If a request is denied, the appropriate official listed in 

paragraph (a) of this section shall except as provided in Sec.  5.56 

advise the requestor within 10 workdays of receipt of the request by the 

official specified in Sec.  5.51 and furnish written reasons for the 

denial. The denial will (1) describe the record or records requested, 

(2) state the reasons for nondisclosure pursuant to subpart E, (3) state 

the name and title or position of the official responsible for the 

denial of such request, and (4) state the requestor's appeal rights.

    (c) In the event FEMA cannot locate requested records the 

appropriate official specified in paragraph (a) of this



[[Page 39]]



section will inform the requestor (1) that the agency has determined at 

the present time to deny the request because the records have not yet 

been found or examined, but (2) that the agency will review the request 

within a specified number of days, when the search or examination is 

expected to be complete. The denial letter will state the name and title 

or position of the official responsible for the denial of such request. 

In such event, the requestor may file an agency appeal immediately, 

pursuant to Sec.  5.55.



[44 FR 50287, Aug. 27, 1979, as amended at 48 FR 44542, Sept. 29, 1983; 

50 FR 40006, Oct. 1, 1985; 51 FR 34604, Sept. 30, 1986]