[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR10.61]

[Page 91-92]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 10_MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS
--Table of Contents
 
                          Subpart G_Exemptions
 
Sec. 10.61  General exemptions.


    (a) The Assistant Secretary for Administration, with regard to the 
Investigations Divisions; the Federal Aviation Administrator, with 
regard to the FAA's Investigative Record System (DOT/FAA 815) and also 
with regard to the police functions of the National Capital Airport 
Police; and the Commandant of U.S. Coast Guard, with regard to the 
Intelligence and Security Division, may exempt from any part of

[[Page 92]]

the Act and this part except subsections (b), (c)(1) and (2), (e)(4)(A) 
through (F), (e)(6), (7), (9), (10), and (11), and (i) of the Act, and 
implementing Sec. Sec. 10.35, 10.23(a) and (b), 10.21(d)(1) through 
(6), 10.81, 10.83, and 10.85, any systems of records, or portions 
thereof, which they maintain which consist wholly 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.
    (b) The requirements (including general notice) of sections 
553(b)(1), (2) and (3), and (c) and (e) of title 5, United States Code, 
will be met by publication in appendix A to this part, which must, at a 
minimum, specify:
    (1) The name of the system; and
    (2) The specific provisions of the Act from which the system is to 
be exempted and the reasons therefor.
    (c) Any decision to exempt a system of records under this section is 
subject to concurrence by the General Counsel.
    (d) Any person may petition the Secretary in accordance with the 
provisions of part 5 of this title, to institute a rulemaking proceeding 
for the amendment or repeal of any exemptions established under this 
section.

[45 FR 8993, Feb. 11, 1980, as amended at 58 FR 67697, Dec. 22, 1993]