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Title 49 Part 801 → Subpart C

Title 49 → Subtitle B → Chapter VIII → Part 801 → Subpart C

Electronic Code of Federal Regulations e-CFR

Title 49 Part 801 → Subpart C

e-CFR data is current as of December 10, 2019

Title 49Subtitle BChapter VIIIPart 801 → Subpart C


Title 49: Transportation
PART 801—PUBLIC AVAILABILITY OF INFORMATION


Subpart C—Time Limits


Contents
§801.20   Processing of requests.
§801.21   Initial determination.
§801.22   Final determination.
§801.23   Extension.

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§801.20   Processing of requests.

(a) Multi-track processing. The FOIA Office processes FOIA requests in one of three tracks:

(1) Track 1: Requests that meet the criteria for expedited processing, or requests that seek records that have been produced in response to a prior request.

(2) Track 2: Requests that do not involve voluminous records or lengthy consultations with other entities.

(3) Track 3: Requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests which may involve sensitive records.

(b) Expedited processing. (1) A requester may submit a statement demonstrating with reasonable particularity that the requester has a compelling need for expedited processing in Track 1. The requester must certify that the statement is true and correct to the best of the requester's knowledge. Within 10 calendar days after receipt of the statement, the FOIA Office will inform the requester whether the request qualifies for expedited processing, and if not, provide the requester with the information in §801.21(b).

(2) In this section, “compelling need” means:

(i) That a failure to expedite the request could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

(ii) With respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity.

(3) The requester may appeal the FOIA Office's decision regarding expedited processing to the Managing Director within 90 calendar days. The Managing Director will decide the appeal on an expedited basis, and no later than 20 days (excluding Saturdays, Sundays, and legal public holidays) after receipt of the appeal. The final determination will notify the requester of the statutory right to seek judicial review of the determination pursuant to 5 U.S.C. 552(a)(6)(E)(iii), and will inform the requester of the dispute resolution services offered by OGIS.

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§801.21   Initial determination.

(a) The NTSB FOIA Officer will make an initial determination as to whether to comply with the request within 20 days (excluding Saturdays, Sundays, and legal public holidays) after the request is received.

(b) Upon the FOIA Office's receipt of a FOIA request, the time limit is tolled while the FOIA Office seeks reasonable information from the requester:

(1) About the scope of the request, such as whether docket items and other publicly available information on the NTSB website satisfy the request; and

(2) Necessary to resolve fee assessment issues.

(c) If unusual circumstances exist, this time limit may be extended up to 10 additional days (excluding Saturdays, Sundays, and legal public holidays) in accordance with §801.23. The requester will be notified immediately of an extension in accordance with §801.23. If a determination is made to release the requested record(s), such record(s) will be made available promptly.

(d) If the FOIA Officer determines not to release the record(s), the FOIA Office will notify the requester of:

(1) The reason for the determination;

(2) The right to appeal the determination to the Managing Director within 90 calendar days;

(3) The name and title or positions of each person responsible for the denial of the request;

(4) The right to seek dispute resolution services from the NTSB's FOIA Public Liaison or OGIS.

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§801.22   Final determination.

Requesters seeking an appeal of the FOIA Officer's initial determination must send a written appeal to the NTSB's Managing Director within 90 calendar days. The NTSB's Managing Director will determine whether to grant or deny any appeal within 20 days (excluding Saturdays, Sundays, and legal public holidays) after receipt of such appeal, except that this time limit may be extended by as many as 10 additional days (excluding Saturdays, Sundays, and legal public holidays), in accordance with §801.23. The final determination will notify the requester of the statutory right to seek judicial review of the determination pursuant to 5 U.S.C. 552(a)(4)(B), and will inform the requester of the dispute resolution services offered by OGIS.

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§801.23   Extension.

(a) In unusual circumstances as specified in this section, the time limits prescribed in either §801.21 or §801.22 may be extended by no more than 10 days (excluding Saturdays, Sunday, and legal public holidays) by providing written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be dispatched.

(b) If the request cannot be processed within the extended time limit specified in paragraph (a) of this section, the requester will be:

(1) Notified in writing;

(2) Given an opportunity to limit the scope of the request so that it may be processed within that time limit, or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request; and

(3) Advised of the requester's right to seek assistance from the NTSB's FOIA Public Liaison and seek dispute resolution services from OGIS.

(c) As used in this paragraph (c), “unusual circumstances,” as they relate to any delay that is reasonably necessary to the proper processing of the particular request, means:

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(2) The need to search for, collect, and appropriately examine and process a voluminous amount of separate and distinct records which are the subject of a single request; or

(3) The need to consult with another agency that has a substantial interest in the disposition of the request or with two or more components of the agency having substantial subject-matter interest therein.

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