for the delay, of the date on which a determination may be expected to be dispatched, and of his rights to treat the delay as a denial and appeal to the Executive Director in accordance with § 1701.7. He may also ask the requester to forego appeal until a determination is made. [40 FR 7653, Feb. 21, 1975] § 1701.6 Form of denial. A reply denying a request shall be in writing, signed by the Associate Director, and shall include (a) a specific reference to the exemption or exemptions under the Freedom of Information Act authorizing the withholding of the record, (b) a brief explanation of how the exemption(s) applies to the record(s) withheld, (c) a statement that the denial may be appealed under § 1701.7 within thirty days by writing to the Executive Director, National Commission on Libraries and Information Science, Suite 601, 1717 K Street NW., Washington, D.C. 20036, and (d) that judicial review will thereafter be available in the district in which the requester resides or has his principal place of business, the district in which the agency records are situated, or in the District of Columbia. [40 FR 7653, Feb. 21, 1975] § 1701.7 Appeals. (a) When the Associate Director has denied a request for records in whole or in part, the requester may, within thirty days of receipt of the letter notifying him of the denial, appeal to the Commission. Appeals to the Commission shall be in writing, addressed to the Executive Director, National Commission on Libraries and Information Science, 1717 K Street, NW., Washington, D.C. 20036. (b) The Commission will act upon an appeal within twenty days (excepting Saturdays, Sundays or legal public holidays) of its receipt, unless an extension is made under paragraph (c) of this section. (c) In unusual circumstances as specified in this paragraph, the time for action on an appeal may be extended up to ten days (excluding Saturdays, Sundays, and legal public holidays) minus any extension granted at the initial request level pursuant to § 1701.5(c). Such extension shall be made by written notice to the requester setting forth the reason for the extension and the date on which a determination is expected to be dispatched. As used in this paragraph “unusual circumstances" means, but only to the extent necessary to the proper processing of the appeal— (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the Commission; (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request. (d) If no determination of the appeal has been dispatched at the end of the twenty-day period or the last extension thereof, the requester is deemed to have exhausted his administrative remedies, giving rise to a right of review in a district court of the United States as specified in 5 U.S.C. 552 (a) (4). When no determination can be dispatched within the applicable time limit, the appeal will nevertheless continue to be processed. On expiration of the time limit the requester shall be informed of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of his right to seek judicial review in the United States district court in the district in which he resides or has his principal place of business, the district in which the records are situated, or the District of Columbia. The requester may be asked to forego judicial review until determination of the appeal. (e) The Commission's determination on appeal shall be in writing. An affirmance in whole or in part of a denial on appeal shall include (1) a reference to the specific exemption or exemptions under the Freedom of Information Act authorizing the withholding of the record, (2) a brief explanation of how the exemption (s) applies to the record(s) withheld, and (3) a statement that judicial review of the denial is available in the district in which the requester resides or has his principal place of business, the district in which the agency records are situated, or the District of Columbia. [40 FR 7653, Feb. 21, 1975] FINDING AIDS A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually. SUBJECT INDEX (References are to title and part, or to title and section) ACE A See Active Corps of Executives Classified information, 45 Part 1202 Information availability, 45 Part 1215 Volunteer grievance procedures, 45 Active Corps of Executives Reimbursement of volunteers for cer- See Older Americans, Advisory Com- Aged Advisory committees on programs for Foster grandparent program, 45 Part Information and referral services, 45 Living conditions, community services, Model projects to expand or improve Aged Continued Senior companion program, 45 Part State and community service pro- Training programs for personnel in Aging, Administration on, 45 Parts Grant-in-aid programs, general ad- Nutrition program for the aged, pur- See National Foundation on the Arts Civil Rights-Continued Federal aid programs, compliance pro- ACTION, 45 Part 1203 ACTION Cooperative volunteer pro- Child abuse and neglect, preven- Community Services Administration National Foundation on the Arts and Postsecondary education improve- Senior companion program, 45 Conduct standards, 45 Part 705 State advisory committees, 45 Part 703 Foreign Claims Settlement Commis- sion of the United States, appear- International claims Lake Ontario property damage, 45 Nationalization or expropriation of Job Corps program claims, settlement, War claims Philippine rehabilitation, 45 Parts U.S.S. Pueblo prisoners, 45 Parts Vietnam conflict, prisoners of war and civilian internees, 45 Parts World War II losses, 45 Part 580 Classified Information See also Information availability National Science Foundation, 45 Part 601 Commission on Civil Rights See Civil Rights, Commission on Community action agencies, establish- Emergency food and medical services Equal employment opportunity com- Evaluation of program effectiveness, 45 Financial management, 45 Part 1068 Health services projects, eligibility Legal services programs, consultation Lobbying activities, restrictions, 45 Motor vehicles, acquisition and use, Property management, 45 Part 1071 program personnel, 45 §§ 1069.1-1- Public meetings and hearings, 45 Riots, restriction on program person- |