cfr_sections
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29 rows where part_number = 10 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:1.0.1.1.8.1.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | A | Subpart A—Applicability and Policy | § 10.1 Applicability. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23666, May 1, 1997] | This part implements section 552a of title 5, United States Code, as well as other provisions of the Privacy Act of 1974, and prescribes rules governing the availability of those records of the Department of Transportation which relate to citizens of the United States and aliens lawfully admitted for permanent residence. | ||||
| 49:49:1.0.1.1.8.1.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | A | Subpart A—Applicability and Policy | § 10.3 Policy. | DOT | It is the policy of the Department of Transportation to comply with the letter and the spirit of the Privacy Act (the Act). Therefore, personal data contained in each system of records is afforded adequate protection against unauthorized access, is as accurate as is feasible, and is limited to that necessary to accomplish the stated use or uses of the system. Further, no system of records is exempted from the requirements of the Act unless it is determined that to do so is in the best interest of the government with due concern for individual rights. | |||||
| 49:49:1.0.1.1.8.1.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | A | Subpart A—Applicability and Policy | § 10.5 Definitions. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997; 65 FR 48184, Aug. 7, 2000; 67 FR 54746, Aug. 26, 2002; 73 FR 33329, June 12, 2008] | Unless the context requires otherwise, the following definitions apply in this part: Administrator means the head of an operating administration and includes the Under Secretary for Security and the Commandant of the Coast Guard. Department means the Department of Transportation, including the Office of the Secretary, the Office of Inspector General, and the following operating administrations: This definition specifically excludes the Surface Transportation Board, which has its own Privacy Act regulations (49 CFR Part 1007), except to the extent that any system of records notice provides otherwise. (1) Federal Aviation Administration. (2) Federal Highway Administration. (3) Federal Motor Carrier Safety Administration. (4) Federal Railroad Administration. (5) Federal Transit Administration. (6) National Highway Traffic Safety Administration. (7) St. Lawrence Seaway Development Corporation. (8) Pipeline and Hazardous Materials Safety Administration. (9) Research and Innovative Technology Administration. (10) Maritime Administration. General Counsel means the General Counsel of the Department. Includes means “includes but is not limited to;” Individual means a citizen of the United States or an alien lawfully admitted; Maintain includes maintain, collect, use, or disseminate; May is used in a permissive sense to state authority or permission to do the act prescribed; Record means any item, collection, or grouping of information about an individual that is maintained by the Department including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the name of, or an identifying number, symbol, or other identifying particular assigned to, the individual, such as a finger or voice print or a photograph; Secretary means the Secretary of Transportation or any person to whom has been delegated authority in the matter concerned; System of records means a group of any records under the control of the Department from which … | ||||
| 49:49:1.0.1.1.8.2.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | B | Subpart B—General | § 10.11 Administration of part. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997; 73 FR 33329, June 12, 2008] | Authority to administer this part in connection with the records of the Office of the Secretary is delegated to the Chief Information Officer. Authority to administer this part in connection with records in each operating administration is delegated to the Administrator concerned. An Administrator may redelegate to officers of that administration the authority to administer this part in connection with defined systems of records. An Administrator, however, may redelegate his or her duties under subparts F and G of this part only to his or her deputy and to not more than one other officer who reports directly to the Administrator and who is located at the headquarters of that administration or at the same location as the majority of that administration's systems of records. | ||||
| 49:49:1.0.1.1.8.2.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | B | Subpart B—General | § 10.13 Privacy Officer. | DOT | [73 FR 33329, June 12, 2008] | (a) To assist with implementation, evaluation, and administration issues, the Chief Information Officer appoints a principal coordinating official with the title Privacy Officer, and one Privacy Act Coordinator from his/her staff. (b) Inquiries concerning Privacy Act matters, or requests for assistance, may be addressed to the Privacy Act Officer (S-80), Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. (c) Administrators may designate Privacy Officers or Coordinators to act as central coordinators within their administrations to assist them in administering the Act. | ||||
| 49:49:1.0.1.1.8.2.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | B | Subpart B—General | § 10.15 Protection of records. | DOT | (a) No person may, without permission, remove any record made available for inspection or copying under this part from the place where it is made available. In addition, no person may steal, alter, mutilate, obliterate, or destroy, in whole or in part, such a record. (b) Section 641 of title 18 of the United States Code provides, in pertinent part, as follows: Whoever * * * steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record * * * or thing of value of the United States or of any department or agency thereof * * * shall be fined not more than $10,000 or imprisoned not more than 10 years or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than one year or both * * *. Whoever * * * steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record * * * or thing of value of the United States or of any department or agency thereof * * * shall be fined not more than $10,000 or imprisoned not more than 10 years or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than one year or both * * *. (c) Section 2071 of title 18 of the United States Code provides, in pertinent part, as follows: Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited * * * in any public office, or with any * * * public officer of the United States, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both. Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or with intent to do so takes and carries away any record, proceeding, map, book, paper, document,… | |||||
| 49:49:1.0.1.1.8.3.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | C | Subpart C—Maintenance of Records | § 10.21 General. | DOT | Except to the extent that a system of records is exempt in accordance with subpart G of this part, the Department, with respect to each system of records: (a) Maintains in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the Department required to be accomplished by statute or by executive order of the President; (b) Collects information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, or privileges under Federal programs; (c) Informs each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual of: (1) The authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; (2) The principal purpose or purposes for which the information is intended to be used; (3) The routine uses, as published pursuant to paragraph (d)(4) of this section, which may be made of the information; and (4) The effects, if any, on the individual of not providing all or any part of the requested information; (d) Publishes in the Federal Register at least annually a notice of the existence and character of the system of records, including: (1) The name and location of the system; (2) The categories of individuals on whom records are maintained in the system; (3) The categories of records maintained in the system; (4) Each routine use of the records contained in the system, including the categories of users and the purpose of such use; (5) The policies and practices regarding storage, retrievability, access controls, retention, and disposal of the records; (6) The title and business address of the official responsible for the system of records; (7) The procedures whereby an individual can be notified upon requ… | |||||
| 49:49:1.0.1.1.8.3.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | C | Subpart C—Maintenance of Records | § 10.23 Accounting of disclosures. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997] | Each operating administration, the Office of Inspector General, and the Office of the Secretary, with respect to each system of records under its control: (a) Except for disclosures made under § 10.35(a) (1) or (2) of this part, keep an accurate accounting of: (1) The date, nature, and purpose of each disclosure of a record to any person or to another agency made under § 10.33; and (2) The name and address of the person or agency to whom the disclosure is made; (b) Retains the accounting made under paragraph (a) of this section for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made; (c) Except for disclosures made under § 10.33(a)(7) of this part, makes the accounting made under paragraph (a)(1) of this section available to the individual named in the record at his request; and (d) Informs any person or other agency about any correction or notation of dispute made by the agency in accordance with § 10.45 of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. | ||||
| 49:49:1.0.1.1.8.3.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | C | Subpart C—Maintenance of Records | § 10.25 Mailing lists. | DOT | An individual's name and address is not sold or rented unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. | |||||
| 49:49:1.0.1.1.8.3.3.4 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | C | Subpart C—Maintenance of Records | § 10.27 Government contractors. | DOT | When the Department provides by a contract for the operation by or on behalf of the Department of a system of records to accomplish a function of the Department, the requirements of this part are applied to such system. For purposes of subpart I, Criminal Penalties, any such contractor and any employee of the contractor are considered, in accordance with section 3(m) of the Privacy Act, to be employees of the Department. | |||||
| 49:49:1.0.1.1.8.3.3.5 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | C | Subpart C—Maintenance of Records | § 10.29 Social Security numbers. | DOT | (a) No individual is denied any right, benefit, or privilege provided by law because of such individual's refusal to disclose his Social Security account number. (b) The provisions of paragraph (a) of this section do not apply to: (1) Any disclosure which is required by Federal statute; or (2) The disclosure of a Social Security number when such disclosure was required under statute or regulation adopted prior to January 1, 1975, to verify the identity of an individual. (c) When an individual is requested to disclose his or her Social Security account number, that individual is informed whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, what uses are made of it, and what detriments, including delay in the location of records, are incurred if the number is not provided. | |||||
| 49:49:1.0.1.1.8.4.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | D | Subpart D—Availability of Records | § 10.31 Requests for records. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997] | (a) Ordinarily, each person desiring to determine whether a record pertaining to him/her is contained in a system of records covered by this part or desiring access to a record covered by this part, or to obtain a copy of such a record, shall make a request in writing addressed to the system manager. The “Privacy Act Issuances” published by the Office of the Federal Register, National Archives and Records Administration, describes the systems of records maintained by all Federal agencies, including the Department and its components. In exceptional cases oral requests are accepted. A description of DOT Privacy Act systems notices is available through the Internet free of charge at http://www.access.gpo.gov/su_docs/aces/PrivacyAct.shtml?desc015.html. See § 10.13(b) regarding inquiries concerning Privacy Act matters or requests for assistance. (b) Each request shall specify the name of the requesting individual and the system of records in which the subject record is located or thought to be located. If assistance is required to determine the system of records identification number assigned in the systems notices, such assistance may be obtained from the appropriate Privacy Act officer or his assistant. Refer to § 10.13 for procedures for requesting assistance. | ||||
| 49:49:1.0.1.1.8.4.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | D | Subpart D—Availability of Records | § 10.33 Acknowledgment and access. | DOT | (a) Requests by an individual to determine whether he or she is the subject of a record in a system of records, or requesting access to a record in a system of records, should be acknowledged within 10 working days, where the request is by mail. For requests in person, an immediate response is given, either granting access or informing such individual when notification or access may be expected. (b) If the response granting access or copies of the record is made within 10 working days, separate acknowledgment is not required. (c) Although requests for access to a record are normally in writing, e.g., by filing a written form or letter, it is the option of the individual to mail or present the request form in person. | |||||
| 49:49:1.0.1.1.8.4.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | D | Subpart D—Availability of Records | § 10.35 Conditions of disclosure. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997] | (a) No record that is contained within a system of records of the Department is disclosed by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be: (1) To those officers and employees of the Department who have a need for the record in the performance of their duties; (2) Required under part 7 of this title which implements the Freedom of Information Act; (3) For a routine use as defined in § 10.5 and described pursuant to § 10.21(d)(4); (4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13, United States Code; (5) To a recipient who has provided the Department with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value; (7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; (8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; (9) To either House of the Congress, or to the… | ||||
| 49:49:1.0.1.1.8.4.3.4 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | D | Subpart D—Availability of Records | § 10.37 Identification of individual making request. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997] | No record or information contained in a system of records is disclosed to an individual nor is any correction of a record in accordance with subpart E made at the request of an individual unless that individual demonstrates that he or she is who he or she claims to be. Normally, identity can be proven for individuals who appear in person by the presentation of an identifying document issued by a recognized organization ( e.g., a driver's license or a credit card) and which contains a means of verification such as a photograph or a signature. For requests by mail, the unique identifier used in the system should be included if known. Responses to mail requests are normally sent only to the name and address listed in the system of records. In the case of particularly sensitive records, additional identification requirements may be imposed. In such cases, these additional requirements are listed in the public notice for the system. | ||||
| 49:49:1.0.1.1.8.4.3.5 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | D | Subpart D—Availability of Records | § 10.39 Location of records. | DOT | [62 FR 23667, May 1, 1997] | Each record made available under this subpart is available for inspection and copying during regular working hours at the place where it is located, or, upon reasonable notice, at the document inspection facilities of the Office of the Secretary or each administration. Original records may be copied but may not be released from custody. Upon payment of the appropriate fee, copies are mailed to the requester. | ||||
| 49:49:1.0.1.1.8.5.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | E | Subpart E—Correction of Records | § 10.41 Requests for correction of records. | DOT | [62 FR 23667, May 1, 1997] | Any person who desires to have a record pertaining to that person corrected shall submit a written request detailing the correction and the reasons the record should be so corrected. Requests for correction of records shall be submitted to the System Manager. | ||||
| 49:49:1.0.1.1.8.5.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | E | Subpart E—Correction of Records | § 10.43 Time limits. | DOT | Within ten days (excluding Saturday, Sunday, and legal holidays) of the receipt in accordance with § 10.41 of a request by an individual to amend a record pertaining to him, the receipt of the request is acknowledged in writing. If a determination is made to correct the record as requested, the correction is promptly made. If a determination is made not to correct a record the individual is informed promptly of the right to appeal in accordance with subpart F. If an appeal of a refusal to correct a record is in accordance with subpart F, a determination whether to correct the record is made within thirty days (excluding Saturday, Sunday, and legal holidays) of the receipt of the appeal unless, for good cause shown the Administrator concerned, or in the case of the Office of the Secretary, the General Counsel, extends such period. Where an extension is taken, the party taking the appeal is promptly notified of such fact. | |||||
| 49:49:1.0.1.1.8.5.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | E | Subpart E—Correction of Records | § 10.45 Statement of disagreement. | DOT | If a determination is made not to amend a record, the requester is informed of the right to file a concise statement setting forth the reasons for disagreement with the refusal to amend. In any disclosure containing information about which an individual has filed such a statement of disagreement, the portions of the record which are disputed are noted clearly and copies of the statement of disagreement provided. If the Administrator concerned or his or her delegee, or in the case of the Office of the Secretary, the General Counsel or his or her delegee, deems it appropriate, copies of a concise statement of the reasons for not making the amendments requested may be provided along with the statement of disagreement. | |||||
| 49:49:1.0.1.1.8.6.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | F | Subpart F—Procedures for Reconsidering Decisions Not To Grant Access to or Amend Records | § 10.51 General. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997] | (a) Each officer or employee of the Department who, upon a request by a member of the public for a record under this part, makes a determination that access is not to be granted or who determines not to amend a record in a requested manner, gives a written statement of the reasons for that determination to the person making the request and indicates the name and title or position of each person responsible for the denial of such request and the procedure for appeal within the Department. (b) Any person: (1) Who has been given a determination pursuant to paragraph (a) of this section, that access will not be granted; or (2) Who has been informed that an amendment to a requested record will not be made; may apply to the Administrator concerned, or in the case of the Office of the Secretary, to the General Counsel for review of that decision. A determination that access will not be granted or a record amended is not administratively final for the purposes of judicial review unless it was made by the Administrator concerned or his or her delegee, or the General Counsel or his or her delegee, as the case may be. Upon a determination that an appeal will be denied, the requester is informed in writing of the reasons for the determination, and the names and titles or positions of each person responsible for the determination, and that the determination may be appealed to the District Court of the United States in the district in which the complainant resides, or has his or her principal place of business, or in which the records are located, or in the District of Columbia. (c) Each application for review must be made in writing and must include all information and arguments relied upon by the person making the request, and be submitted within 30 days of the date of the initial denial; exceptions to this time period are permitted for good reason. (d) Upon a determination that a request for the correction of a record will be denied, the requester is informed that he may file a concise statement in accordance with § 10… | ||||
| 49:49:1.0.1.1.8.7.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | G | Subpart G—Exemptions | § 10.61 General exemptions. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 58 FR 67697, Dec. 22, 1993; 73 FR 33329, June 12, 2008] | (a) The Assistant Secretary for Administration, with regard to the Investigations Division; and the Federal Aviation Administrator, with regard to the FAA's Investigative Record System (DOT/FAA 815) may exempt from any part of the Act and this part except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) of the Act, and implementing §§ 10.35, 10.23(a) and (b), 10.21(d)(1) through (6), 10.81, 10.83, and 10.85 of this chapter, any systems of records, or portions thereof, which they maintain which consist wholly of; (1) Information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (2) Information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or (3) Reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. (b) The requirements (including general notice) of sections 553(b)(1), (2) and (3), and (c) and (e) of title 5, United States Code, will be met by publication in appendix A to this part, which must, at a minimum, specify: (1) The name of the system; and (2) The specific provisions of the Act from which the system is to be exempted and the reasons therefor. (c) Any decision to exempt a system of records under this section is subject to concurrence by the General Counsel. (d) Any person may petition the Secretary in accordance with the provisions of part 5 of this title, to institute a rulemaking proceeding for the amendment or repeal of any exemptions established under this section. | ||||
| 49:49:1.0.1.1.8.7.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | G | Subpart G—Exemptions | § 10.63 Specific exemptions. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 62 FR 23667, May 1, 1997; 73 FR 33329, June 12, 2008] | The Secretary or his or her delegee, in the case of the Office of the Secretary; or the Administrator or his or delegee, in the case of an operating administration; or the Inspector General or his or her delegee, in the case of the Office of Inspector General, may exempt any system of records that is maintained by the Office of the Secretary, an operating administration, or the Office of Inspector General, as the case may be, from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Act and implementing §§ 10.23(c); 10.35(b); 10.41; 10.43; 10.45; 10.21(a) and 10.21(d)(6), (7), and (8) of this chapter, under the following conditions: (a) The system of records must consist of: (1) Records subject to the provisions of section 552(b)(1) of title 5, United States Code; (2) Investigatory material compiled for law enforcement purposes, other than material within the scope of § 10.61(a)(2): Provided, however, That if any individual is denied any right, privilege, or benefit to which that individual would otherwise be entitled by Federal law, or for which that individual would otherwise be eligible, as a result of the maintenance of such material, such material is provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, the effective date of the Privacy Act of 1974, under an implied promise that the identity of the source would be held in confidence; (3) Records maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18, United States Code; (4) Records required by statute to be maintained and used solely as statistical records; (5) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment… | ||||
| 49:49:1.0.1.1.8.8.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | H | Subpart H—Fees | § 10.71 General. | DOT | This subpart prescribes fees for services performed for the public under this part by the Department. | |||||
| 49:49:1.0.1.1.8.8.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | H | Subpart H—Fees | § 10.73 Payment of fees. | DOT | The fees prescribed in this subpart may be paid by check, draft, or postal money order payable to the Treasury of the United States. | |||||
| 49:49:1.0.1.1.8.8.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | H | Subpart H—Fees | § 10.75 Fee schedule. | DOT | The applicant must furnish the necessary number of blank magnetic tapes. The tapes must be compatible for use in the supplier's computer system, 1/2 inch wide and 2,400 feet long, and must be capable of recording data at a density of 556 or 800 characters per inch. Unless otherwise designated, the tapes will be recorded at 556 CPI density. The Department of Transportation is not responsible for damaged tape. However, if the applicant furnishes a replacement for a damaged tape, the duplication process is completed at no additional charge. | |||||
| 49:49:1.0.1.1.8.8.3.4 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | H | Subpart H—Fees | § 10.77 Services performed without charge. | DOT | [45 FR 8993, Feb. 11, 1980, as amended at 73 FR 33329, June 12, 2008; 75 FR 5244, Feb. 2, 2010] | (a) No fee is charged for time spent in searching for records or reviewing or preparing correspondence related to records subject to this part. (b) No fee is charged for documents furnished in response to: (1) A request from an employee or former employee of the Department for copies of personnel records of the employee; (2) A request from a Member of Congress for official use; (3) A request from a State, territory, U.S. possession, county or municipal government, or an agency thereof; (4) A request from a court that will serve as a substitute for the personal court appearance of an officer or employee of the Department; (5) A request from a foreign government or an agency thereof, or an international organization. (c) Documents are furnished without charge or at a reduced charge, if the Chief Information Officer or the Administrator concerned, as the case may be, determines that waiver or reduction of the fee is in the public interest, because furnishing the information can be considered as primarily benefiting the general public. (d) When records are maintained in computer-readable form rather than human-readable form, one printed copy is made available which has been translated to human-readable form without a charge for translation but in accordance with § 10.75(g), regarding computer line-printed charges. | ||||
| 49:49:1.0.1.1.8.9.3.1 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | I | Subpart I—Criminal Penalties | § 10.81 Improper disclosure. | DOT | Any officer or employee of the Department who by virtue of his or her employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this part and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, is guilty of a misdemeanor and fined not more than $5,000 in accordance with 5 U.S.C. 552a(i)(1). | |||||
| 49:49:1.0.1.1.8.9.3.2 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | I | Subpart I—Criminal Penalties | § 10.83 Improper maintenance of records. | DOT | Any officer or employee of the Department who willfully maintains a system of records without meeting the notice requirements of § 10.21(d) of this part is guilty of a misdemeanor and fined not more than $5,000 in accordance with 5 U.S.C. 552a(i)(2). | |||||
| 49:49:1.0.1.1.8.9.3.3 | 49 | Transportation | A | 10 | PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS | I | Subpart I—Criminal Penalties | § 10.85 Wrongfully obtaining records. | DOT | Any person who knowingly and willfully requests or obtains any record concerning an individual from the Department under false pretenses is guilty of a misdemeanor and fined not more than $5,000 in accordance with 5 U.S.C. 552a(i)(3). |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);