cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
13 rows where part_number = 802 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.4.1.3.1.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | A | Subpart A—Applicability and Policy | § 802.1 Purpose and scope. | NTSB | [41 FR 39758, Sept. 16, 1976] | The purpose of this part is to implement the provisions of 5 U.S.C. 552a with respect to the availability to an individual of records of the National Transportation Safety Board (NTSB) maintained on individuals. NTSB policy encompasses the safeguarding of individual privacy from any misuse of Federal records and the provision of access to individuals to NTSB records concerning them, except where such access is in conflict with the Freedom of Information Act, or other statute. | ||||
| 49:49:7.1.4.1.3.1.1.2 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | A | Subpart A—Applicability and Policy | § 802.2 Definitions. | NTSB | In this part: Board means the five Members of the National Transportation Safety Board, or a quorum thereof; Individual means a citizen of the United States or an alien lawfully admitted for permanent residence; National Transportation Safety Board (NTSB) means the agency set up under the Independent Safety Board Act of 1974; Record means any item, collection, or grouping of information about an individual that is maintained under the control of the NTSB pursuant to Federal law or in connection with the transaction of public business, including, but not limited to, education, financial transactions, medical history, and criminal or employment history, and that contains a name, or an identifying number, symbol, or other identifying particular assigned to an individual, such as a finger or voice imprint or photograph; Routine use means the use of such record for a purpose compatible with the purpose for which it was collected, including, but not limited to, referral to law enforcement agencies of violations of the law and for discovery purposes ordered by a court referral to potential employers, and for security clearance; Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and which is not used wholly or partially in any determination concerning an identifiable individual; System Manager means the agency official who is responsible for the policies and practices of his particular system or systems of record, as specified in the NTSB notices of systems or records; and System of records means a group of any records under the control of the NTSB from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual, whether presently in existence or set up in the future. | |||||
| 49:49:7.1.4.1.3.2.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | B | Subpart B—Initial Procedures and Requirements | § 802.5 Procedures for requests pertaining to individual records in a record system. | NTSB | The NTSB may not disclose any record to any person or other agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, provided the record under the control of the NTSB is maintained in a system of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other particular assigned to such individual. Written consent is not required if the disclosure is: (a) To officers or employees of the NTSB who require the information in the official performance of their duties; (b) Required under 5 U.S.C. 552, Freedom of Information Act; (c) For a routine use compatible with the purpose for which it was collected; (d) To the Bureau of the Census for uses pursuant to title 13, U.S.C.; (e) To a recipient who has provided the NTSB with advance adequate assurance that the record will be used solely as a statistical research or reporting record and that it is to be transferred in a form not individually identifiable; or (f) Pursuant to the order of a court of competent jurisdiction. | |||||
| 49:49:7.1.4.1.3.2.1.2 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | B | Subpart B—Initial Procedures and Requirements | § 802.6 Types of requests and specification of records. | NTSB | (a) Types of requests. An individual may make the following request respecting records about himself maintained by NTSB in any system of records subject to the Act: (1) Whether information concerning himself is contained in any system of records. (2) Access to a record concerning himself. Such request may include a request to review the record and/or obtain a copy of all or any portion thereof. (3) Correction or amendment of a record concerning himself. (4) Accounting of disclosure to any other person or Government agency of any record concerning himself contained in any system of records controlled by NTSB, except: (i) Disclosures made pursuant to the FOIA; (ii) disclosures made within the NTSB; (iii) disclosures made to another Government agency or instrumentality for an authorized law enforcement activity pursuant to subsection (b)(7) of the Act; and (iv) disclosures expressly exempted by NTSB from the requirements of subsection (c)(3) of the Act, pursuant to subsection (k) thereof. (b) Specification of records. All requests for access to records must reasonably describe the system of records and the individual's record within the system of records in sufficient detail to permit identification of the requested record. Specific information regarding the system name, the individual's full name, and other information helpful in identifying the record or records shall be included. Requests for correction or amendment of records shall, in addition, specify the particular record involved, state the nature of the correction or amendment sought, and furnish justification for the correction or amendment. (c) Inadequate identification of record. Requests which do not contain information sufficient to identify the record requested will be returned promptly to the requester, with a notice indicating what information is lacking. Individuals making requests in person will be informed of any deficiency in the specification of the records at the time the request is made. Individuals making requests in writing will… | |||||
| 49:49:7.1.4.1.3.2.1.3 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | B | Subpart B—Initial Procedures and Requirements | § 802.7 Requests: How, where, and when presented; verification of identity of individuals making requests; accompanying persons; and procedures for acknowledgment of requests. | NTSB | [41 FR 22358, June 3, 1976, as amended at 41 FR 43154, Sept. 30, 1976] | (a) Requests—general. Requests may be made in person or in writing. Assistance regarding requests or other matters relating to the Act may be obtained by writing to the Director, Bureau of Administration, National Transportation Safety Board, 800 Independence Avenue, SW., Washington, DC 20594. The Director, Bureau of Administration, or his designee, on request, will aid an individual in preparing an amendment to the record or to an appeal following denial of a request to amend the record, pursuant to subsection (f)(4) of the Act. (b) Written requests. Written requests shall be made to the Director, Bureau of Administration at the address given above, and shall clearly state on the envelope and on the request itself, “Privacy Act Request,” “Privacy Act Statement of Disagreement,” “Privacy Act Disclosure Accounting Request,” “Appeal from Privacy Act Adverse Determination,” or “Privacy Act Correction Request,” as the case may be. Actual receipt by the Director, Bureau of Administration, or his designee, shall constitute receipt. (c) Requests made in person. Requests may be made in person during official working hours of the NTSB at the office where the record is located, as listed in the “Notice of Systems of Records” for the system in which the record is contained. (d) Verification of identity of requester. (1) For written requests, the requester's identity must be verified before the release of any record, unless exempted under the FOIA. This may be accomplished by adequate proof of identity in the form of a driver's license or other acceptable item of the same type. (2) For requests in person, the requester's identity may be established by a single document bearing a photograph (such as a passport or identification badge) or by two items of identification containing name, address, and signature (such as a driver's license or credit card). (3) Where a request is made for reproduced records which are to be delivered by mail, the request must include a notarized statement verifying the requester's ident… | ||||
| 49:49:7.1.4.1.3.3.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | C | Subpart C—Initial Determinations | § 802.8 Disclosure of requested information. | NTSB | [41 FR 22358, June 3, 1976, as amended at 41 FR 43154, Sept. 30, 1976] | (a) The System Manager may initially determine that the request be granted. If so, the individual making the request shall be notified orally, or in writing, and the notice shall include: (1) A brief description of the information to be made available; (2) The time and place where the record may be inspected, or alternatively, the procedure for delivery by mail to the requesting party; (3) The estimated cost for furnishing copies of the record; (4) The requirements for verification of identity; (5) The requirements for authorizing discussion of the record in the presence of an accompanying person; and (6) Any additional requirements needed to grant access to a specific system of records or record. (b) Within 10 working days after actual receipt of the request by the Director, Bureau of Administration, or his designee, in appropriate cases, the requester will be informed: (1) That the request does not reasonably describe the system of records or record sought to permit its identification, and shall set forth the additional information needed to clarify the request; or (2) That the system of records identified does not include a record retrievable by the requester's name or other identifying particulars. (c) The System Manager shall advise the requester within 10 working days after actual receipt of the request by the Director, Bureau of Administration, or his designee, that the request for access has been denied, and the reason for the denial, or that the determination has been made to grant the request, either in whole or in part, in which case the relevant information will be provided. | ||||
| 49:49:7.1.4.1.3.4.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | D | Subpart D—Correction or Amending the Record | § 802.10 Request for correction or amendment to record. | NTSB | [41 FR 22358, June 3, 1976, as amended at 41 FR 43154, Sept. 30, 1976] | All requests for correcting or amending records shall be made in writing to the Director, Bureau of Administration, National Transportation Safety Board, 800 Independence Avenue., SW., Washington, DC 20594, and shall be deemed received upon actual receipt by the Director, Bureau of Administration. The request shall clearly be marked on the envelope and in the letter with the legend that it is a “Privacy Act Correction Request.” The request must reasonably set forth the portion of the record which the individual contends is not accurate, relevant, timely, or complete. | ||||
| 49:49:7.1.4.1.3.4.1.2 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | D | Subpart D—Correction or Amending the Record | § 802.11 Agency review of requests for correction or amendment of record. | NTSB | [41 FR 22358, June 3, 1976, as amended at 41 FR 43154, Sept. 30, 1976] | Within 10 working days after actual receipt of the request by the Director, Bureau of Administration, or his designee, to correct or amend the record, the System Manager shall either make the correction in whole or in part, or inform the individual of the refusal to correct or amend the record as requested, and shall present the reasons for any denials. | ||||
| 49:49:7.1.4.1.3.4.1.3 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | D | Subpart D—Correction or Amending the Record | § 802.12 Initial adverse agency determination on correction or amendment. | NTSB | If the System Manager determines that the record should not be corrected or amended in whole or in part, he will forthwith make such finding in writing, after consulting with the General Counsel, or his designee. The requester shall be notified of the refusal to correct or amend the record. The notification shall be in writing, signed by the System Manager, and shall include— (a) The reason for the denial; (b) The name and title or position of each person responsible for the denial of the request; (c) The appeal procedures for the individual for a review of the denial; and (d) Notice that the denial from the System Manager is appealable within 30 days from the receipt thereof by the requester to the Board. The System Manager is allotted 10 working days (or within such extended period as is provided in the section concerning “unusual circumstances” infra ) to respond to the request for review. If the requester does not receive an answer within such time, the delay shall constitute a denial of the request and shall permit the requester immediately to appeal to the Board, or to a district court. | |||||
| 49:49:7.1.4.1.3.5.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | E | Subpart E—Review of Initial Adverse Determination | § 802.14 Review procedure and judicial review. | NTSB | [41 FR 22358, June 3, 1976, as amended at 41 FR 43154, Sept. 30, 1976] | (a) A requester may appeal from any adverse determination within 30 days after actual receipt of a denial from the System Manager. The appeal must be in writing addressed to the Chairman, National Transportation Safety Board, 800 Independence Avenue, SW., Washington, DC 20594, and shall contain a statement on the envelope and in the appeal: “Appeal from Privacy Act Adverse Determination.” (b) The Board shall make a determination with respect to the appeal within 30 working days after the actual receipt of the appeal by the Chairman, except as provided for in “unusual circumstances” infra. (c)(1) Review of denial of access. If the appeal upholds the denial of access to records, the Board shall: Notify the requester in writing, explaining the Board's determination; state that the denial is a final agency action and that judicial review is available in a district court of the United States in the district where the requester resides or has his principal place of business, or where the agency records are located, or in the District of Columbia; and request a filing with the Board of a concise statement enumerating the reasons for the requester's disagreement with the denial, pursuant to subsection (g) of the Act. (2) Review of denial of correction or amendment. If the appeal upholds the denial in whole or in part for correction or amendment of the record, the same notification and judicial review privileges described in paragraph (c)(1) of this section shall apply. (d) If the denial is reversed on appeal, the Board shall notify the requester in writing of the reversal. The notice shall include a brief statement outlining those portions of the individual's record which were not accurate, relevant, timely, or complete, and corrections of the record which were made, and shall provide the individual with a courtesy copy of the corrected record. (e) Copies of all appeals and written determinations will be furnished by the System Manager to the Board. (f) In unusual circumstances, time limits may be extended by n… | ||||
| 49:49:7.1.4.1.3.6.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | F | Subpart F—Fees | § 802.15 Fees. | NTSB | No fees shall be charged for providing the first copy of a record, or any portion thereof, to individuals to whom the record pertains. The fee schedule for other records is the same as that appearing in the appendix to part 801 of this chapter, implementing the FOIA, as amended from time to time, except that the cost of any search for and review of the record shall not be included in any fee under this Act, pursuant to subsection (f)(5) of the Act. | |||||
| 49:49:7.1.4.1.3.7.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | G | Subpart G—Penalties | § 802.18 Penalties. | NTSB | (a) An individual may bring a civil action against the NTSB to correct or amend the record, or where there is a refusal to comply with an individual request or failure to maintain any record with accuracy, relevance, timeliness and completeness, so as to guarantee fairness, or failure to comply with any other provision of 5 U.S.C. 552a. The court may order the correction or amendment. It may assess against the United States reasonable attorney fees and other costs, or may enjoin the NTSB from withholding the records and order the production to the complainant, and it may assess attorney fees and costs. (b) Where it is determined that the action was willful or intentional with respect to 5 U.S.C. 552(g)(1) (c) or (d), the United States shall be liable for the actual damages sustained, but in no case less than the sum of $1,000 and the costs of the action with attorney fees. (c) Criminal penalties may be imposed against an officer or employee of the NTSB who fully discloses material which he knows is prohibited from disclosure, or who willfully maintains a system of records without meeting the notice requirements, or who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses. These offenses shall be misdemeanors with a fine not to exceed $5,000. | |||||
| 49:49:7.1.4.1.3.8.1.1 | 49 | Transportation | VIII | 802 | PART 802—RULES IMPLEMENTING THE PRIVACY ACT OF 1974 | H | Subpart H—Specific Exemptions | § 802.20 Security records. | NTSB | Pursuant to, and limited by, 5 U.S.C. 552a(k)(5), the NTSB's system of records, which contains the Security Records of NTSB employees, prospective employees, and potential contractors, shall be exempt from disclosure of the material and the NTSB's handling thereof under subsections (d), (e)(1) and (e)(4) (H) and (I) of 5 U.S.C. 552a. |
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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);