cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
12 rows where part_number = 16 and title_number = 40 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 40:40:1.0.1.1.15.0.1.1 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.1 Purpose and scope. | EPA | (a) This part implements the Privacy Act of 1974 (5 U.S.C. 552a) (PA or Act) by establishing Environmental Protection Agency (EPA or Agency) policies and procedures that permit individuals to obtain access to and request amendment or correction of information about themselves that is maintained in Agency systems of records. This part also establishes policies and procedures for administrative appeals of requests for access to, or correction or amendment of, records. This part does not expand or restrict any rights granted under the PA. (b) These procedures apply only to requests by individuals seeking their own records and only to records maintained by EPA. These procedures do not apply to those systems specifically exempt under §§ 16.11 and 16.12 herein or to any government-wide systems maintained by other Federal agencies. (c) Privacy Act requests made by individuals for records about themselves and which are processed under this Part, will also be treated as FOIA requests and processed as appropriate under 40 CFR Part 2 to ensure full disclosure. | ||||||
| 40:40:1.0.1.1.15.0.1.10 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.10 Penalties. | EPA | The Act provides, in pertinent part: “Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.” (5 U.S.C. 552a(i)(3)) | ||||||
| 40:40:1.0.1.1.15.0.1.11 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.11 General exemptions. | EPA | [71 FR 234, Jan. 4, 2006, as amended at 83 FR 62718, Dec. 6, 2018; 86 FR 62732, Nov. 12, 2021; 88 FR 77003, Nov. 8, 2023] | (a) Systems of records affected. (1) EPA-17 Online Criminal Enforcement Activities Network (OCEAN). (2) EPA-40 Inspector General Enterprise Management System (IGEMS) Investigative Module. (3) EPA-63 eDiscovery Enterprise Tool Suite. (4) EPA-79 NEIC Master Tracking System. (5) EPA-100 OIG Data Analytics Enterprise. (b) Authority. Under 5 U.S.C. 552a(j)(2), the head of any Federal agency may by rule exempt any PA system of records within the agency from certain provisions of the Act, if the system of records is maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws and which consists 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. (c) Qualification for exemption. (1) The Agency's system of records, EPA-17 system of records is maintained by the Criminal Investigation Division, Office of Criminal Enforcement, Forensics, and Training, a component of EPA which performs as its principal function activities pertaining to the enforcement of criminal laws. Authority for the Division's criminal law enforcement activities comes from Powers of Environmental Protection Agency, 18 U.S.C. 3063; Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9603; Resource Conservation and Recovery Act, 42 U.S.C. 6928; Federal Water Pollution Control Act, 33 U.S.C. 1319, 1321; Toxic Substances Control Act, 15 U.S.C. 2614, 2615; C… | |||||
| 40:40:1.0.1.1.15.0.1.12 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.12 Specific exemptions. | EPA | [71 FR 234, Jan. 4, 2006, as amended at 83 FR 62718, Dec. 6, 2018; 86 FR 62732, Nov. 12, 2021; 88 FR 80141, Nov. 17, 2023; 89 FR 8075, Feb. 6, 2024] | (a) Exemption under 5 U.S.C. 552a(k)(2) — (1) Systems of records affected. (i) EPA-17 Online Criminal Enforcement Activities Network (OCEAN). (ii) EPA-21 External Compliance Case Tracking System (EXCATS). (iii) EPA-30 Inspector General Enterprise Management System (IGEMS) Hotline Module. (iv) EPA-40 Inspector General Enterprise Management System (IGEMS) Investigative Module. (v) EPA-63 eDiscovery Enterprise Tool Suite. (vi) EPA-79 NEIC Master Tracking System. (vii) EPA-83 Personnel Security System (PSS) 2.0. (viii) EPA-100 OIG Data Analytics Enterprise. (2) Authority. Under 5 U.S.C. 552a(k)(2), the head of any Federal agency may by rule exempt any PA system of records within the agency from certain provisions of the Act, if the system of records is investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of the Act. However, if any individual is denied any right, privilege, or benefit that the individual would otherwise be entitled to by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of the material, the material must be provided, except to the extent that the disclosure would reveal the identify of a confidential source. (3) Qualification for exemption. All of the affected PA systems of records contain investigatory material compiled for law enforcement purposes, material which is not within the scope of subsection (j)(2) of the Act. (4) Scope of exemption. (i) EPA systems of records 17, 30, 40, 63, 79, and 100 are exempted from the following provisions of the PA, subject to the limitations set forth in 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (4)(G) and (4)(H); and (f)(2) through (5). EPA system of records 21 is exempt from the following provisions of the PA, subject to limitations set forth in 5 U.S.C. 552a(k)(2): 5 U.S.C. 552a(c)(3), (d), and (e)(1). EPA system of records 83 is exempt from the following provisions of the PA, subject to the limitations set forth … | |||||
| 40:40:1.0.1.1.15.0.1.2 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.2 Definitions. | EPA | As used in this part: (a) The terms individual, maintain, record, and system of records have the same meanings as specified in 5 U.S.C. 552a. (b) EPA means the Environmental Protection Agency. (c) Working days means calendar days excluding Saturdays, Sundays, and Federal holidays. | ||||||
| 40:40:1.0.1.1.15.0.1.3 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.3 Procedures for accessing, correcting, or amending personal records. | EPA | (a) Any individual who— (1) Wishes to be informed whether a system of records maintained by EPA contains any record pertaining to him or her, (2) Seeks access to an EPA record about him or her that is maintained in an EPA PA system of records, including an accounting of any disclosures of that record; or (3) Seeks to amend or correct a record about him or her that is maintained in a system of records, may submit a written request to the EPA Privacy Act Officer, Environmental Protection Agency, Headquarters Freedom of Information Office, Office of Environmental Information (MC-2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or via the Agency's Privacy Act Web site at http://www.epa.gov/privacy or by fax, (202) 566-1639. (b) All requests for access to, or the correction or amendment of personal records should cite the Privacy Act of 1974 and reference the type of request being made ( i.e. , access, correction or amendment). Requests must include: (1) The name and signature of the individual making the request; (2) The name of the PA system of records (as set forth in EPA's Federal Register PA systems of records notices) to which the request relates; and (3) A statement whether a personal inspection of the records or a copy of them by mail is desired. (c) A statement declaring his or her identity and stipulating that he or she understands it is a misdemeanor punishable by fine up to $5,000 to knowingly and willfully seek or obtain access to records about another individual under false pretenses. (d) A requester who cannot determine which PA system of records to request may ask for assistance by writing to the Headquarters Freedom of Information Office, Attention: Privacy Act Officer, Environmental Protection Agency, (MC-2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or via e-mail to http://www.epa.gov/privacy or by fax, (202) 566-1639. | ||||||
| 40:40:1.0.1.1.15.0.1.4 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.4 Times, places, and requirements for identification of individuals making requests. | EPA | (a) If an individual requesting access under § 16.3 asks for personal inspection of records, and if EPA grants the request, the individual may appear at the time and place specified in EPA's response or arrange another time with the appropriate Agency official. (b) Before conducting a personal inspection of his or her records, an individual must present sufficient identification (e.g., driver's license, employee identification card, social security card, or credit card) to establish that he or she is the subject of the records. EPA reserves the right to determine the adequacy of the identification. An individual who is unable to provide such identification described under paragraph (b) of this section will complete and sign, in the presence of an agency official, a statement declaring his or her identity and stipulating that he or she understands it is a misdemeanor punishable by fine up to $5,000 to knowingly and willfully seek or obtain access to records about another individual under false pretenses. (c) An individual may have another person accompany him or her during inspection of the records, and the system manager may require the requesting individual to sign a statement authorizing disclosure of the record in the presence of that other person. (d) An individual may request a copy of the requested record. (e) No verification of identity will be required where the records sought have been determined to be publicly available under the Freedom of Information Act. | ||||||
| 40:40:1.0.1.1.15.0.1.5 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.5 Request for correction or amendment of record. | EPA | An individual may request correction or amendment of any record pertaining to him or her in a system of records maintained by EPA by submitting a request in writing to the Freedom of Information Office, or via the Agency's Privacy Act Web site at http://www.epa.gov/privacy or by fax, (202) 566-1639. The following information must be provided: (a) The name and signature of the individual making the request; (b) The name of the system of records; (c) A description of the information sought to be corrected or amended and the specific reasons for the correction or amendment; and (d) Sufficient documentation of identity as described under § 16.4(b). (An individual who is unable to provide the identification under § 16.4(b) or is submitting a request on line, must provide a statement declaring his or her identity and stipulating that he or she understands it is a misdemeanor punishable by fine up to $5,000 to knowingly and willfully seek or obtain access to records about another individual under false pretenses). | ||||||
| 40:40:1.0.1.1.15.0.1.6 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.6 Initial decision on request for access to, or correction or amendment of, records. | EPA | (a) Within 10 working days of receipt of a request, the Agency Privacy Act Officer will send a letter to the requester acknowledging receipt of the request and promptly forward it to the manager of the system of records where the requested record is located with instructions to: (1) Make a determination whether to permit access to the record, or to make the requested correction or amendment; (2) Inform the requester of that determination and, if the determination is to deny access to the record, or to not correct or amend it, the reason for that decision and the procedures for appeal. (b) If the system manager is unable to decide whether to grant a request of access to, or amendment or correction of a record within 20 working days of the Agency's receipt of the request, he or she will inform the requester reasons for the delay, and an estimate of when a decision will be made. (c) In reviewing a request for the correction or amendment of a record, the system manager will be guided by the requirements of 5 U.S.C. 552a(e)(1) and (e)(5). (d) A system manager who decides to grant all or any portion of a request to correct or amend a record will inform any person or entity outside EPA that was provided the record of the correction or amendment, and, where there is an accounting of that disclosure, make a note of the action taken in the accounting. (e) If a request pursuant to § 16.3 for access to a record is in a system of records which is exempted, the records system manager or designee will decide whether any information will nonetheless be made available. If the decision is to deny access, the reason for denial and the appeal procedure will be given to the requester. (f) A person whose request for access is initially denied may appeal that denial to EPA's Privacy Act Officer. EPA's General Counsel will decide the appeal within 30 working days. If an appeal concerns a system of records maintained by the Office of Inspector General, the Privacy Act Officer will forward the appeal to the Counsel to the Inspector… | ||||||
| 40:40:1.0.1.1.15.0.1.7 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.7 The appeal process. | EPA | (a) An individual whose request for access to, or correction or amendment of a record is initially denied and who wishes to appeal that denial may do so by sending a letter to EPA's Privacy Act Officer within 30 days of the receipt of the initial denial. The appeal must identify and restate the initial request. If an appeal concerns an adverse decision by the Office of Inspector General, the Privacy Act Officer will forward it to the Counsel to the Inspector General, or his or her designee, who will then act on the appeal. The Counsel to the Inspector General, or his or her designee, will carry out all responsibilities with respect to PA appeals that are otherwise assigned to EPA's General Counsel under this section; however, if the Counsel to the Inspector General has signed the initial adverse determination, the General Counsel, or his or her designee, will act on the appeal. (b) EPA's General Counsel, or his or her designee, will make final decisions on PA appeals within 30 working days from the date on which the appeal is properly received in the Office of General Counsel, unless, for good cause shown, the 30-day period is extended and the requester is notified of the extension in writing. Such extensions will be utilized only in exceptional circumstances. (c) In conducting PA appeals, the General Counsel, or his or her designee, will be guided by the requirements of 5 U.S.C. 552a(e)(1) and (e)(5). (d) If an appeal is granted in whole or in part, the requester will be notified, in writing, and access to the record will be granted, or the correction or amendment of the record will be made. In all such cases, the Privacy Act Officer will ensure that § 16.7(d) is complied with. (e) If the General Counsel or the Counsel to the Inspector General decides not to grant all or any portion of an appeal, the requester will be informed: (1) Of the decision and its basis; (2) Of the requester's right to file a concise statement of reasons for disagreeing with EPA's decision; (3) Of the procedures for filing such st… | ||||||
| 40:40:1.0.1.1.15.0.1.8 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.8 Special procedures: Medical Records. | EPA | Should EPA receive a request for access to medical records (including psychological records) disclosure of which the system manager decides would be harmful to the individual to whom they relate, EPA may refuse to disclose the records directly to the individual and instead offer to transmit them to a physician designated by the individual. | ||||||
| 40:40:1.0.1.1.15.0.1.9 | 40 | Protection of Environment | I | A | 16 | PART 16—IMPLEMENTATION OF PRIVACY ACT OF 1974 | § 16.9 Fees. | EPA | No fees will be charged for providing the first copy of a record or any portion of a record to an individual to whom the record pertains. The fee schedule for reproducing other records is the same as that set forth in 40 CFR 21.07. |
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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);