[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR16.5]

[Page 204]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 16_IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 16.5  Disclosure of requested information to individuals.

    (a) Each request received will be acted upon promptly.
    (b) Within 10 working days of receipt of a request, the system 
manager shall acknowledge the request. Whenever practicable, the 
acknowledgment will indicate whether or not access will be granted and, 
if so, when and where. When access is to be granted, it shall be 
provided within 30 working days of first receipt. If the agency is 
unable to meet this deadline, the records system manager shall so inform 
the requester stating reasons for the delay and an estimate of when 
access will be granted.
    (c) If a request pursuant to Sec. 16.3 for access to a record is in 
a system of rec ords which is exempted, the records system manager will 
determine whether the information will nonetheless be made available. If 
the determination is to deny access, the reason for denial and the 
appeal procedure will be given to the requester.
    (d) Any person whose request is initially denied may appeal that 
denial to the Privacy Act Officer, who shall make an appeal 
determination within 10 working days.
    (e) If the appeal under paragraph (d) of this section is denied, the 
requester may bring a civil action under 5 U.S.C. 552a(g) to seek review 
of the denial.