[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Proposed Rules]
[Pages 34193-34198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16096]



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ASSASSINATION RECORDS REVIEW BOARD

36 CFR Part 1410


Rules Implementing the Freedom of Information Act

AGENCY: Assassination Records Review Board.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Assassination Records Review Board (Review Board) proposes 
the following set of regulations to discharge its responsibilities 
under the Freedom of Information Act (FOIA). The FOIA law establishes: 
basic procedures for public access to agency records and guidelines for 
waiver or reduction of fees the agency would otherwise assess for the 
response to the records request; categories of records that are exempt 
for various reasons from public disclosure; and basic requirements for 
federal agencies regarding their processing of and response to requests 
for agency records. The Review Board invites comments from interested 
groups and members of the public on these proposed regulations.

DATES: To be considered, comments must be mailed, delivered in person, 
or faxed to the address listed below by 5 p.m. on July 31, 1995.

ADDRESSES: Comments on these proposed regulations should be mailed, 
faxed or delivered to the Assassination Records Review Board, 600 E 
Street NW., 2nd Floor, Washington, D.C. 20530, fax (202) 724-0457. All 
comments received within the comment period will be placed in the 
Review Board's public files and will be available for inspection 
between 10 a.m. and 4:30 p.m., Monday through Friday (except on Federal 
holidays), in the Review Board's Public Reading Room at the same 
address.

FOR FURTHER INFORMATION CONTACT:
T. Jeremy Gunn, Acting General Counsel, Assassination Records Review 
Board, 600 E Street, NW., 2nd Floor, Washington, D.C. 20530, (202) 724-
0088.

SUPPLEMENTARY INFORMATION:

Background and Statutory Authority

    This proposed rule complies with the requirements of the Freedom of 
Information Act, 5 U.S.C. 552, as amended by the Freedom of Information 
Reform Act of 1986, Pub. L. 99-570, Title I, sections 1802, 1803, 100 
Stat. 3207-48, 3207-49 (FOIA), to issue implementing regulations. In 
particular, proposed 1410.30 and 1410.35 implement the Reform Act of 
1986 and the Office of Management and Budget's Uniform Freedom of 
Information Act Fee Schedules and Guidelines, 52 FR 10012. This 
proposed rule also incorporates the presidential memorandum on the 
administration of the Freedom of Information Act, issued on October 4, 
1993, which calls upon agencies to comply with the letter and spirit of 
the FOIA's commitment to openness and to its proper administration.
    Further, this proposed rule incorporates the presumption of 
openness that was a driving force behind enactment of the Review 
Board's enabling legislation, the President John 

[[Page 34194]]
F. Kennedy Assassination Records Collection Act of 1992, 44 U.S.C. 2701 
(1992) (JFK Act). In the JFK Act, Congress prescribed the establishment 
of a collection of records to be known as the President John F. Kennedy 
Assassination Records Collection, to be housed at the National Archives 
and Records Administration (NARA) and currently located at NARA's 
facility in College Park, Maryland. Congress also mandated that the 
Review Board have an initial term of two years, with an option for the 
Review Board to extend its tenure for one additional year if its work 
is not completed within the initial two year period. Id. at Section 
7(o)(1). Congress also required that ``[u]pon termination and winding 
up, the Review Board shall transfer all of its records to the Archivist 
for inclusion in the Collection, and no record of the Review Board 
shall be destroyed.'' Id. at Section 7(o)(3). Thus, while the public 
may file FOIA requests with the Review Board during the term of its 
existence, the public should also be aware of the opportunity to 
examine and obtain copies of the Review Board's records as a part of 
the JFK Records Collection at the National Archives and Records 
Administration.
    Other key aspects of this proposed rule include the following:
    (1) The Review Board would establish, consistent with 5 U.S.C. 552, 
two categories of Review Board records: records available through the 
Public Reading Room (Sec. 1410.15(b)) and records not available through 
the Public Reading Room (Sec. 1410.25).
    (2) Procedures for requesting or examining Public Reading Room 
records (Sec. 1410.15).
    (3) Procedures for filing a FOIA request (Sec. 1410.20)
    (4) Procedures for processing FOIA requests, including prescribed 
response times (Sec. 1410.40).
    (5) Procedures for administrative appeal of denials of FOIA record 
requests or of requests for fee waivers or reductions (Sec. 1410.45).
    (6) Procedures for handling requests for classified information 
(Sec. 1410.50).
    (7) Fee schedule for services performed in response to FOIA 
requests (Sec. 1410.35(b)(6)).
    It is the Review Board's intention to implement these regulations 
so as to avoid any unnecessary barriers to public access to information 
and to ensure that the principle of openness in government is applied 
in each and every decision made under the FOIA. It is also the Review 
Board's hope that persons seeking information or records from the 
Review Board will consult with the Designated FOIA Officer or other 
Review Board staff member before invoking the procedures in the 
proposed regulations. To the extent permitted by law, the Review Board 
may make available Review Board records which it is otherwise 
authorized to withhold under 5 U.S.C. 552.
Paperwork Reduction Act Statement

    The proposed rule is not subject to the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501, et seq.) because it does not 
contain any information collection requirements within the meaning of 
44 U.S.C. 3502(4).

Regulatory Flexibility Act Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
601-612, the Review Board certifies that this rule, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities and that a regulatory flexibility analysis need not be 
prepared. 5 U.S.C. 605(b). Whatever economic impacts may result to 
small entities were already considered by Congress in enacting and 
amending the FOIA or by OMB in Promulgating the Uniform Fee Schedules 
and Guidelines.

Review by OMB

    This proposed regulation has been reviewed by OMB under Executive 
Order 12866.

List of Subjects in 36 CFR Part 1410

    Freedom of Information Act.

The Proposed Regulations

    Accordingly, the Review Board proposes to amend chapter XIV in 
title 36 of the Code of Federal Regulations by adding a new part 1410 
to read as follows:

PART 1410--RULES IMPLEMENTING THE FREEDOM OF INFORMATION ACT

Sec.
1410.5  Scope.
1410.10  Definitions.
1410.15  Requests for Review Board records available through the 
Public Reading Room.
1410.20  Review Board records exempt from public disclosure.
1410.25  Requests for Review Board records not available through the 
Public Reading Room (FOIA requests).
1410.30  Requests for waiver or reduction of fees.
1410.35  Fees for Review Board record requests.
1410.40  Processing of FOIA requests.
1410.45  Procedure for appeal of denial of requests for Review Board 
records and denial of requests for fee waiver or reduction.
1410.50  Requests for classified agency records.

    Authority: 5 U.S.C. 552; 44 U.S.C. 2107.


Sec. 1410.5  Scope.

    This part contains the Review Board's regulations implementing the 
Freedom of Information Act, 5 U.S.C. 552.


Sec. 1410.10  Definitions.

    (a) Review Board record is a record in the possession and control 
of the Review Board that is associated with Review Board business. 
Review Board records do not include:
    (1) Publicly available books, periodicals, films, sound or video 
recordings, photographs, or other publications that are owned or 
copyrighted by nonfederal sources;
    (2) Documents owned by another Federal agency that the Review Board 
temporarily holds for the purpose of conducting its review under the 
President John F. Kennedy Assassination Records Collection Act of 1992 
(JFK Act).
    (b) Designated FOIA Officer means the person designated by the 
Executive Director to administer the Review Board's activities pursuant 
to the regulations in this part. The Designated FOIA Officer shall also 
be the Review Board officer having custody of or responsible for Review 
Board records and shall be the Review Board's officer responsibility 
for authorizing or denying production of Review Board records upon 
request filed pursuant to Sec. 1410.25.
    (c) Executive Director means the principal staff official appointed 
by the Review Board pursuant to 44 U.S.C. 2107.8(a).
    (d) Review Board means the Assassination Records Review Board 
created pursuant to 44 U.S.C. 2107.7.


Sec. 1410.15  Requests for Review Board records available through the 
Public Reading Room.

    (a) A Public Reading Room will be maintained at the Review Board 
headquarters and will be open between 10 a.m. and 4:30 p.m., Monday 
through Friday, except on Federal holidays. Documents may be obtained 
in person from the Public Reading Room.
    (b) The Public Reading Room records will include the following (if 
and when such records are created):
    (1) The Review Board's rules and regulations;
    (2) Statements of policy adopted by the Review Board;
    (3) Transcripts of public hearings;

[[Page 34195]]

    (4) Review Board orders, decisions, notices, and other formal 
actions;
    (5) Copies of all unclassified filings, certifications, pleadings, 
Review Board records, briefs, orders, judgments, decrees, and mandates 
in court proceedings to which the Review Board is a party and the 
correspondence with the courts or clerks of court;
    (6) Unclassified reports to Congress in which the Review Board's 
operations during a past fiscal year are described;
    (7) Administrative staff manuals and instructions to staff to the 
extent that such manuals or instructions affect a member of the public; 
and
    (8) Indices of the documents identified in this section, but not 
including drafts thereof.


Sec. 1410.20  Review Board records exempt from public disclosure.

    The Review Board will make all records available for inspection and 
copying, except:
    (a) Review Board records specifically authorized under criteria 
established by an Executive Order to be kept secret in the interest of 
national defense or foreign policy, and that are in fact properly 
classified pursuant to such Executive Order;
    (b) Review Board records related solely to the internal personnel 
rules and practices of the Review Board;
    (c) Review Board records specifically exempted from disclosure by 
statute (other than 5 U.S.C. 552), provided that such statute:
    (1) requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (2) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (d) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (e) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the Review Board;
    (f) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (g) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information:
    (1) Could reasonably be expected to interfere with enforcement 
proceedings;
    (2) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (3) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (4) Could reasonably be expected to disclose the identity of a 
confidential source, including a state, local, or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record of information 
compiled by a criminal law enforcement authority in the course of a 
criminal investigation or by an agency conducting a lawful national 
security intelligence investigation, information furnished by a 
confidential source;
    (5) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (6) Could reasonably be expected to endanger the life or physical 
safety of any individual;
    (h) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (i) Geological and geophysical information and data, including 
maps, concerning wells.


Sec. 1410.25  Requests for Review Board records not available through 
the Public Reading Room (FOIA Requests).

    (a) Upon the request of any person, the Review Board shall make 
available for public inspection and copying any reasonably described 
Review Board record in the possession and control of the Review Board, 
but not available through the Public Reading Room, subject to the 
provisions of this part.
    (b) A person may request access to Review Board records that are 
not available through the Public Reading Room by using the following 
procedures:
    (1) The request must be in writing and must reasonably describe the 
Review Board records requested to enable Review Board personnel to 
locate them with a reasonable amount of effort. A request for all 
Review Board records falling within a reasonably specific and well-
defined category shall be regarded as conforming to the statutory 
requirement that Review Board records be reasonably described. Where 
possible, specific information such as dates or titles that may help 
identify the Review Board records should be supplied by the requester, 
including the names and titles of Review Board personnel who may have 
been contacted regarding the request prior to the submission of the 
written request.
    (2) The request should be addressed to the Designated FOIA Officer, 
and clearly marked ``Freedom of Information Act Request.'' The address 
for such requests is: Designated FOIA Officer, Assassination Records 
Review Board, 600 E Street, N.W., 2nd Floor, Washington, D.C. 20530. 
Requests must be either mailed or hand-delivered to the above address. 
Hand-delivered requests will be received between 8:30 a.m. and 5:00 
p.m., Monday through Friday, except on Federal holidays. For purposes 
of calculating the time for response to the request under Sec. 1410.40, 
the request shall not be deemed to have been received until it is in 
the possession of the Designated FOIA Officer or such other person who 
may be responsible for receiving such requests.
    (3) The request must include:
    (i) A statement by the requester of a willingness to pay the fee 
applicable under Sec. 1410.35(b), or to pay that fee not to exceed a 
specific amount, or
    (ii) A request for waiver or reduction of fees.

No request shall be deemed to have been received until the Review Board 
has received a statement of willingness to pay, as indicated in 
paragraph (b)(3)(i), of this section or has received and approved a 
request for waiver or reduction of fees.
    (c) Requests for Review Board records containing information 
received from another agency, or records prepared jointly by the Review 
Board and other agencies, and that do not fall under category 
Sec. 1410.20(a)(2) above, shall be treated as requests for Review Board 
records. The Designated FOIA Officer shall, however, coordinate with 
the appropriate official of the other agency. The notice of 
determination to the requester, in the event part or all of the record 
is recommended for denial by the other agency, shall cite the other 
agency Denying Officials as well as the Designated FOIA Officer if a 
denial by the Review Board is also involved.
    (d) If a request does not reasonably describe the Review Board 
records sought, as provided in paragraph (b) of this section, the 
Review Board response shall specify the reasons why the request failed 
to meet those requirements and shall offer the requester the 
opportunity to confer with knowledgeable Review Board personnel in an 
attempt to restate the request. If additional information is needed 
from the requester to render the agency records reasonably described, 
any restated request submitted by the requester shall be treated as an 
initial request for purpose of calculating the time for response under 
Sec. 1410.40.

[[Page 34196]]

    (e) The Review Board will not be required to create new agency 
records, compile lists of selected items from its files, or provide a 
requester with statistical or other data.
    (f) The Review Board staff may also respond to oral, unmarked, or 
generally stated requests for information and documents even though 
those requests do not comply with the provisions of this rule.


Sec. 1410.30  Request for waiver or reduction of fees.

    (a) The Review Board shall collect fees for record requests made 
under Sec. 1410.25 as provided in Sec. 1410.35(b), unless the Review 
Board grants a written request for a waiver or reduction of fees. The 
Designated FOIA Officer shall make a determination on a fee waiver or 
reduction request within five working days of the request coming into 
her possession. If the determination is made that the written request 
for a waiver or reduction of fees does not meet the requirements of 
this section, the Designated FOIA Officer shall inform the requester 
that the request for waiver or reduction of fees is being denied and 
set forth the appeal rights under Sec. 1410.45.
    (b) A person requesting the Review Board to waive or reduce search, 
review, or duplication fees shall:
    (1) Describe the purpose for which the requester intends to use the 
requested information;
    (2) Explain the extent to which the requester will extract and 
analyze the substantive content of the Review Board record;
    (3) Describe the nature of the specific activity or research in 
which the Review Board records will be used and the specific 
qualification the requester possesses to utilize information for the 
intended use in such a way that it will contribute to public 
understanding;
    (4) Describe the likely impact of disclosure of the requested 
records on the public's understanding of the subject as compared to the 
level of understanding of the subject existing prior to disclosure;
    (5) Describe the size and nature public to whose understanding a 
contribution will be made;
    (6) Describe the intended means of dissemination to the general 
public;
    (7) Indicate if public access to information will be provided free 
of charge or provided for an access or publication fee; and
    (8) Describe any commercial or private interest the requester or 
any other party has in the Review Board records sought.
    (c) The Review Board shall waive or reduce fees, without further 
specific information from the requester if, from information provided 
with the request for Review Board records made under Sec. 1410.25, it 
can determine that it is likely to contribute significantly to public 
understanding of the operations or activities of the Government and is 
not primarily in the commercial interest of the requester.
    (d) In making a determination regarding a request for a waiver or 
reduction of fees, the Review Board shall consider the following 
factors:
    (1) Whether disclosure is likely to contribute significantly to 
public understanding of Government operations or activities, and
    (2) Whether the requester has a commercial interest and, if so, the 
extent of any interests and how they would be furthered by the 
disclosure of the requested Review Board records.


Sec. 1410.35  Fees for Review Board record requests.

    (a) Fees for Review Board records available through the Public 
Reading Room. Duplication fees charged shall be limited to the costs of 
duplication of the requested Review Board records or the cost to have 
them duplicated. A schedule of fees for this duplication service is set 
forth at paragraph (b)(6) of this section. A person may also obtain a 
copy of the schedule of fees in person or by mail from the Public 
Reading Room.
    (b) Fees for Review Board records not available through the Public 
Reading Room (FOIA request). (1) Definitions. For the purpose of 
paragraph (b) of this section:
    Commercial use request means a request from or on behalf of one who 
seeks information for a use or purpose that furthers the commercial, 
trade, or profit interests of the requester or the person on whose 
behalf the request is made. In determining whether a requester properly 
belongs in this category, the Review Board must determine the use to 
which a requester will put the documents requested. Moreover, where the 
Review Board has reasonable cause to doubt the use to which a requester 
will put the records sought, or where that use is not clear from the 
request itself, the Review Board will seek additional clarification 
from the Office of Management and Budget before assigning the request 
to a specific category.
    Direct costs means those expenditures which the Review Board incurs 
in search, review, and duplication, to respond to requests under 
Sec. 1410.25. Direct costs include, for example, the salary and 
benefits cost of Review Board employees applied to time spent in 
responding to the request and the cost of operating duplicating 
machinery. Not included in direct costs are overhead expenses such as 
cost of space, and heating or lighting the facility in which the Review 
Board records are stored.
    Educational institution refers to a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of professional education, and an institution 
of vocational education, which operates a program or programs of 
scholarly research.
    Noncommercial scientific institution refers to an institution that 
is not operated on a commercial basis and which is operated solely for 
the purpose of conducting scientific research the results of which are 
not intended to promote any particular product or industry.
    Representative of the news media refers to any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to 
the public. Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals (but only in those instances when the periodicals can 
qualify as disseminations of ``news'') who make their products 
available for purchase or subscription by the general public. These 
examples are not intended to be all-inclusive. A ``freelance'' 
journalist may be regarded as working for a news organization if the 
journalist can demonstrate a solid basis for expecting publication 
through that organization, even though the journalist is not actually 
employed by the news organization. A publication contract is the best 
proof, but the Review Board may also look to the past publication 
record of a requester in making this determination.
    (2) Fees (i) If the Review Board determines that the documents are 
requested for commercial use, it shall charge the average salary rate, 
including benefits, for Review Board employees, for document search 
time and for document review time, in addition to the costs of 
duplication as established in the schedule of fees in paragraph (b)(6) 
of this section.
    (ii) If documents are not sought for commercial use and the request 
is made by an educational or noncommercial scientific institution, 
whose purpose is scholarly or scientific research, or a representative 
of the news media, the Review Board's charges shall be limited 

[[Page 34197]]
to the direct costs of duplication as established in the schedule of 
fees in paragraph (b)(6) of this section. There shall be no charge for 
the first 100 pages of duplication.
    (iii) For a request not described in paragraphs (b)(2)(i) or (ii) 
of this section the Review Board shall charge the average salary rate 
for Review Board employees (including benefits), for document search 
time, and the direct costs of duplication as established in the 
schedule of fees in paragraph (b)(6) of this section. There shall be no 
charge for document review time and the first 100 pages of reproduction 
and the first two hours of search time will be furnished without 
charge.
    (iv) If the Review Board is asked by a requester to send Review 
Board records by special methods such as express mail, it may do so, 
provided that the requester pays for the express delivery service.
    (v) The Review Board may assess charges for time spent searching, 
even if it fails to locate the records, or if Review Board records 
located are determine to be exempt from disclosure.
    (vi) Whenever the Review Board estimates that fees are likely to 
exceed $25, it shall notify the requester of the estimated costs, 
unless the requester has indicated in advance a willingness to pay fees 
as high as those anticipated. Such a notice shall offer the requester 
an opportunity to confer with the Review Board personnel to reformulate 
the request to meet the requester's needs at a lower cost.
    (3) Limitations on Fees. The Review Board, or its designate, may 
establish minimum fees below which no charges will be collected, if it 
determines that the costs of routine collection and processing of the 
fees are likely to equal or exceed the amount of the fees. If total 
fees determined by the Review Board for a FOIA request would be less 
than the appropriate threshold, the Review Board shall not charge the 
requesters.
    (4) Payment of fees.
    (i) Payment of fees must be by check or money order made payable to 
the U.S. Treasury.
    (ii) Advance Payments. (A) If the Review Board estimates or 
determines that allowable charges that a requester may be required to 
pay are likely to exceed $250, the Review Board shall notify such 
requester of the estimated cost and either require satisfactory 
assurance of full payment where the requester has a history of prompt 
payment of fees, or require advance payment of the charges if a 
requester has no payment history.
    (B) If a requester has previously failed to pay a fee in a timely 
fashion, the Review Board shall require the requester to pay the full 
amount owned plus any applicable interest, and to make an advance 
payment of the full amount of the estimated fee before the Review Board 
will begin to process a new request or pending request from that 
requester.
    (C) When the Review Board requires advance payment under this 
paragraph, the administrative time limits prescribed in Sec. 1410.40(b) 
will begin only after the Review Board has received the fee payments.
    (5) Aggregation of Requests. Requesters may not file multiple 
requests, each seeking portions of a document or documents, solely in 
order to avoid payment of fees. When the Review Board reasonably 
believes that a requester, or a group of requesters acting in concert, 
is attempting to divide a request into a series of requests for the 
purpose of evading assessment of fees, the Review Board may aggregate 
any such requests and charge the requester accordingly. The Review 
Board shall not, however, aggregate multiple requests on unrelated 
subjects from a requester.
    (6) Fee Schedule. Fees will be charged as provided below:
    (i) Duplication of Review Board records. Review Board records will 
be duplicated at a rate of $.10 per page, provided the Review Board 
staff duplicates the records. If the Review Board determines that the 
duplication is so time-consuming that it must be sent to an outside 
duplication service, the requester will be charged the actual 
commercial rate.
    (ii) Duplication of large documents. Large documents (e.g., maps, 
diagrams will be duplicated at actual commercial rates.
    (iii) Review. Review fees shall be assessed with respect to only 
those requesters who seek Review Board records for a commercial use, as 
defined in (b)(2)(i) of this section. For each hour spent by agency 
personnel in reviewing a requested Review Board record for possible 
disclosure, the fee shall be $20.15 except that where the time of 
managerial personnel is required, the fee shall be $47.40 for each hour 
of time spent by such managerial personnel.
    (iv) Search. For each hour spent by administrative personnel in 
searching for and retrieving a requested Review Board record, the fee 
shall be $14.75. Where a search and retrieval cannot be performed 
entirely by clerical personnel--for example, where the identification 
of Review Board records within the scope of a request requires the use 
of professional personnel--the fees shall be $20.15 for each hour of 
search time spent by such professional personnel. Where the time of 
managerial personnel is required, the fee shall be $47.40 for each hour 
of time spent by such managerial personnel.


Sec. 1410.40  Processing of FOIA requests.

    (a) Where a request complies with Sec. 1410.25 as to specificity 
and statement of willingness to pay or request for fee waiver or 
reduction, the Designated FOIA Officer shall acknowledge receipt of the 
request and commence processing of the request. The Designated FOIA 
Officer shall prepare a written response:
    (1) Granting the request;
    (2) Denying the request;
    (3) Granting or denying it in part;
    (4) Stating that the request has been referred to another agency 
under Sec. 1410.25; or
    (5) Informing the requester that responsive Review Board records 
cannot be located or do not exist.
    (b) Action pursuant to this section to provide access to requested 
Review Board records shall be taken within 10 working days of receipt 
of a request for Review Board records, as defined in Sec. 1410.25, 
except that where unusual circumstances require an extension of time 
before a decision on a request can be reached and the person requesting 
Review Board records is promptly informed in writing by the Designated 
FOIA Officer of the reason for such extension and the date on which a 
determination is expected to be made, the Designated FOIA Officer may 
take an extension not to exceed 10 working days.
    (c) For purposes of this section and Sec. 1410.45, the term 
``unusual circumstances'' may include but is not limited to the 
following:
    (1) The need to search, collect, and appropriately examine a 
voluminous amount of separate and distinct Review Board records that 
are demanded in a single request; or
    (2) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject-matter interest therein.


Sec. 1410.45  Procedure for appeal of denial of requests for Review 
Board records and denial of requests for fee waiver or reduction.

    (a) (1) A person whose request for access to Review Board records 
or request for fee waiver or reduction is denied in whole or in part 
may appeal that determination to the Executive Director within 30 days 
of the 

[[Page 34198]]
determination. Appeals filed pursuant to this section must be in 
writing, directed to the Executive Director at the address stated 
above, and clearly marked ``Freedom of Information Act Appeal.'' Such 
an appeal received by the Review Board that is not properly addressed 
and marked will be so addressed and marked by Review Board personnel as 
soon as it is properly identified and then will be forwarded to the 
Executive Director. Appeals taken pursuant to this paragraph will be 
considered to be received upon actual receipt by the Executive 
Director.

    (2) The Executive Director shall make a determination with respect 
to any appeal within 20 working days after the receipt of such appeal. 
If, on appeal, the denial of the request for Review Board records or 
fee reduction is in whole or in part upheld, the Executive Director 
shall notify the person making such request of the provisions for 
judicial review of that determination.

    (b) In unusual circumstances, as defined in Sec. 1410.40(c), the 
time limits prescribed for deciding an appeal pursuant to this section 
may be extended by up to 10 working days by the Executive Director, who 
will send written notice to the requester setting forth the reasons for 
such extension and the date on which a determination or appeal is 
expected to be dispatched.

Sec. 1410.50  Requests for classified agency records.

    The Review Board may at any time be in possession of classified 
records received from other Federal agencies. Except with respect to 
those documents identified in Sec. 1410.20(a)(2), the Review Board 
shall refer requests under Sec. 1410.25 for such records or information 
to the other agency without making an independent determination as to 
the releasability of such documents. The Review Board shall refer 
requests for classified records in a manner consistent with Executive 
Order 12958 of April 17, 1995, or other such law as may apply.

    Dated: June 26, 1995.

David G. Marwell,

Executive Director, Assassination Records Review Board.

[FR Doc. 95-16096 Filed 6-29-95; 8:45 am]
BILLING CODE 6820-TD-M