[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR6.55]

[Page 53-54]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 6--IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents
 
                  Subpart D--Requests To Amend Records
 
Sec. 6.55  Appeal of denial of request to amend a record.

    (a) A requestor who disagrees with a denial of a request to amend a 
record may file an administrative appeal of that denial. The requestor 
should address the appeal to the FEMA Privacy Appeals Officer, 
Washington, DC 20472. If the requestor is an employee of FEMA and the 
denial to amend involves a record maintained in the employee's Official 
Personnel Folder covered by an Office of Personnel Management 
Government-wide system notice, the appeal should be addressed to the 
Assistant Director, Information Systems, Agency Compliance and 
Evaluation Group, Office of Personnel Management, Washington, DC 20415.
    (b) Each appeal to the Privacy Act Appeals Officer shall be in 
writing and must be received by FEMA no later than 30 calendar days from 
the requestor's receipt of a denial of a request to amend a record. The 
appeal should bear the legend ``Privacy Act--Appeal,'' both on the face 
of the letter and the envelope.
    (c) Upon receipt of an appeal, the Privacy Act Appeals Officer shall 
consult with the system manager, the official who made the denial, the 
General Counsel or a member of that office, and such other officials as 
may be appropriate. If the Privacy Act Appeals Officer in consultation 
with these officials, determines that the record should be amended, as 
requested, the system manager shall be instructed immediately to amend 
the record in accordance with Sec. 6.52 and shall notify the requestor 
of that action.

[[Page 54]]

    (d) If the Privacy Act Appeals Officer, in consultation with the 
officials specified in paragraph (c) of this section, determines that 
the appeal should be rejected, the Privacy Act Appeals Officer shall 
submit the file on the request and appeal, including findings and 
recommendations, to the Deputy Director for a final administrative 
determination.
    (e) If the Deputy Director determines that the record should be 
amended as requested, he or she immediately shall instruct the system 
manager in writing to amend the record in accordance with Sec. 6.52. The 
Deputy Director shall send a copy of those instructions to the Privacy 
Act Appeals Officer, who shall notify the requester of that action.
    (f) If the Deputy Director determines to reject the appeal, the 
requestor shall immediately be notified in writing of that 
determination. This action shall constitute the final administrative 
determination on the request to amend the record and shall include:
    (1) The reasons for the rejection of the appeal.
    (2) Proposed alternative amendments, if appropriate, which the 
requestor subsequently may accept in accordance with Sec. 6.54.
    (3) Notice of the requestor's right to file a Statement of 
Disagreement for distribution in accordance with Sec. 6.56.
    (4) Notice of the requestor's right to seek judicial review of the 
final administrative determination, as provided in Sec. 6.57.
    (g) The final agency determination must be made no later than 30 
workdays from the date on which the appeal is received by the Privacy 
Act Appeals Officer.
    (h) In extraordinary circumstances, the Director may extend this 
time limit by notifying the requestor in writing before the expiration 
of the 30 workdays. The Director's notification will include a 
justification for the extension.

[44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980]