[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR802.12]

[Page 154]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 802--RULES IMPLEMENTING THE PRIVACY ACT OF 1974--Table of Contents
 
              Subpart D--Correction or Amending the Record
 
Sec. 802.12  Initial adverse agency determination on correction or amendment.

    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.

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