[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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