[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Rules and Regulations]
[Pages 38478-38479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18430]



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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1301


Freedom of Information Act

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its Freedom of 
Information Act (FOIA) regulations to reflect organizational and 
administrative changes within TVA.

EFFECTIVE DATE: July 27, 1995.

 
[[Page 38479]]

FOR FURTHER INFORMATION CONTACT: Mark R. Winter, Tennessee Valley 
Authority, 1101 Market Street (CST 13B), Chattanooga, TN 37402-2801, 
telephone number: (615) 751-2523.

SUPPLEMENTARY INFORMATION: This rule was not published in proposed form 
since it relates to internal agency organization and administration. 
Since this rule is nonsubstantive, it is being made effective 
immediately, July 27, 1995.

List of Subjects in 18 CFR Part 1301

    Administrative practice and procedure, Freedom of information, 
Privacy Act, Sunshine Act.

    For the reasons set forth in the preamble, title 18, chapter XIII, 
part 1301 of the Code of Federal Regulations is amended as follows:

PART 1301--PROCEDURES

    1. The authority citation for part 1301 continues to read as 
follows:

    Authority: 16 U.S.C. 831-831dd, 5 U.S.C. 552.

    2. Section 1301.1 is amended by revising the introductory text of 
paragraph (b) to read as follows:


Sec. 1301.1  Records.

* * * * *
    (b) Requests. Requests to inspect and copy TVA records shall be 
directed to the Tennessee Valley Authority, TVA FOIA Officer, Records 
and Information Management (RIM), 1101 Market Street, Chattanooga, TN 
37402-2801. A request shall:
* * * * *
    3. Section 1301.1 is amended by revising the text of paragraph 
(c)(1)(i) to read as follows:


Sec. 1301.1  Records.

* * * * *
    (c) Processing of requests--(1) Initial determination. (i) Within 
10 days (excluding Saturdays, Sundays, and legal public holidays) after 
a request is received by TVA, and subject to paragraph (c)(3) of this 
section, TVA shall make an initial determination as to whether to 
comply with the request, and shall immediately give written notice of 
the determination to the person making the request. Initial 
determinations shall be made by the TVA FOIA Officer or the TVA FOIA 
Officer's designee. If the initial determination is not to comply with 
the request, the notice to the person making the request shall include 
a statement of the reasons for the denial of the request; a notice of 
the right of the person making the request to appeal the denial to the 
TVA FOIA Appeal Official designated in paragraph (c)(2)(iii) of this 
section, and the time limits therefor; and the name and job title of 
the person responsible for the initial determination.
* * * * *
    4. Section 1301.1 is amended by revising the text of paragraph 
(c)(2)(i) to read as follows:


Sec. 1301.1  Records.

* * * * *
    (c) Processing of requests--* * *
    (2) Appeal. (i) If the initial determination is to deny the 
request, the person making the request may appeal such action to the 
TVA FOIA Appeal Official. Such an appeal must be taken within 30 days 
after the person's receipt of the initial determination and is taken by 
delivering a written notice of appeal to the TVA FOIA Appeal Official 
designated in paragraph (c)(2)(iii) of this section. Such notice shall 
include a statement that it is an appeal from a denial of a request 
under the Freedom of Information Act and shall indicate:
    (A) The date on which the denial was issued; and
    (B) The date on which the denial was received by the person making 
the request.
* * * * *
    5. Section 1301.1 is amended by revising the text of paragraph 
(c)(2)(ii) to read as follows:


Sec. 1301.1  Records.

* * * * *
    (c) * * *
    (2) * * *
    (ii) Within 20 days (excluding Saturdays, Sundays, and legal public 
holidays) after an appeal is received, and subject to paragraph (c)(3) 
of this section, TVA shall make a final determination on the appeal. In 
making such a determination, TVA will consider whether or not to waive 
the provisions of any exemption contained in paragraph (a) of this 
section, except that without the written permission of the person 
involved, TVA will not waive the exemptions contained in paragraphs (a) 
(4), (6) and (7) of this section. Determinations of appeals under this 
section shall be made by the TVA FOIA Appeal Official or the FOIA 
Appeal Official's designee. If the determination on the appeal is to 
deny the request for records, TVA shall notify the person making the 
request of such determination, including the reason for the denial; a 
notice of the person's right to judicial review of the denial; and the 
name and job title of the TVA official responsible for the 
determination of the appeal.
* * * * *
    6. Section 1301.1 is amended by adding a new paragraph (c)(2)(iii) 
to read as follows:


Sec. 1301.1  Records.

* * * * *
    (c) * * *
    (2) * * *
    (iii) TVA has designated its Senior Manager, Administrative 
Services, TVA, 400 Summit Hill Drive, Knoxville, TN 37902-1499 as the 
TVA FOIA Appeal Official and appeals should be directed accordingly.
* * * * *
    7. Section 1301.1 is amended by revising the text of paragraph 
(c)(3)(ii) to read as follows:


Sec. 1301.1  Records.

* * * * *
    (c) * * *
    (3) * * *
    (ii) The 20-day time limit provided in paragraph (c)(2) of this 
section may be extended by TVA for unusual circumstances as set forth 
in this paragraph upon written notice to the person appealing a denial 
of a request for records. The notice shall specify the reasons for the 
extension and the date on which a determination of the appeal is 
expected to be dispatched. The aggregate length of an extension under 
this paragraph when combined with any extension provided under 
paragraph (c)(3)(i) of this section shall not exceed 10 working days. A 
decision to make an extension under this paragraph shall be made by the 
TVA FOIA Appeal Official or the FOIA Appeal Official's designee.
* * * * *
William S. Moore,
Senior Manager, Administrative Services.
[FR Doc. 95-18430 Filed 7-26-95; 8:45 am]
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