36 C.F.R. § 1120.33
(e) The A&TBCB office taking action under § 1120.31 may extend the basic 10-day period established under paragraph (a) of this section by a period not to exceed 10 additional working days if—
(4) One or more of the following unusual circumstances require the extension:
(f) Should the A&TBCB fail to issue a determination within the 10-day period or any authorized extension as to an initial request, or during the period for consideration of an appeal, the requestor shall be deemed to have exhausted his or her administrative remedies with respect to such.
In the latter situation, the requestor may commence an action in an appropriate Federal district court to obtain the records.