(a) A member of the public who has requested an Agency record in accordance with subpart C of this part, and who has received an initial determination which does not comply fully with the request, may appeal such an adverse initial determination to the Administrator, or, for records as specified in §1206.805, to the Inspector General within 90 days from the date of the initial determination letter.

(b) The appeal must:

(1) Be in writing;

(2) Be addressed to the Administrator, NASA Headquarters, Executive Secretariat, Washington, DC 20546, or, for records as specified in §1206.805, to the Inspector General, NASA Headquarters, Room 8U71, 300 E Street, SW, Washington, DC 20546;

(3) Be identified clearly on the envelope and in the letter as an “Appeal under the Freedom of Information Act;”

(4) Include a copy of the initial request for the Agency record and a copy of the adverse initial determination along with any other correspondence with the FOIA office;

(5) To the extent possible, state the reasons the adverse initial determination should be reversed; and

(6) Be sent to the Administrator or the Inspector General, as appropriate, within 90 days of the date of the initial determination.

(c) An official authorized to make a final determination may waive any of the requirements of paragraph (b) of this section, in which case the time limit for the final determination (see §1206.701(a)) shall run from the date of such waiver.

[79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54778, Oct. 11, 2019]