[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR6.33]



[Page 51-52]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 6_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

                 Subpart C_Individual Access to Records

 

Sec. 6.33  Denials of access.



    (a) A system manager may deny an individual access to that 

individual's record only upon the grounds that FEMA has published the 

rules in the Federal Register exempting the pertinent system of records 

from the access requirement. These exempt systems of records are 

described in subpart G of this part.

    (b) Upon receipt of a request for access to a record which the 

system manager believes is contained within an exempt system of records 

he or she shall forward the request to the appropriate official listed 

below or to his or her delegate through normal supervisory channels.

    (1) Deputy Director

    (2) [Reserved]

    (3) Federal Insurance Administrator

    (4) Associate Directors



[[Page 52]]



    (5) United States Fire Administrator

    (6) Chief of Staff

    (7) Office Directors

    (8) General Counsel

    (9) Inspector General

    (10) Comptroller

    (11) Regional Directors



The system manager shall append to the request an explanation of the 

determination that the requested record is contained within an exempt 

system of records and a recommendation that the request be denied or 

granted.

    (c) In the event that the system manager serves in one of the 

positions listed in paragraph (b) of this section, he or she shall 

retain the responsibility for denying or granting the request.

    (d) The appropriate official listed in paragraph (b) of this section 

shall, in consultation with the Office of General Counsel and such other 

officials as deemed appropriate, determine if the request record is 

contained within an exempt system of records and:

    (1) If the record is not contained within an exempt system of 

records, the above official shall notify the system manager to grant the 

request in accordance with Sec. 6.32, or

    (2) If the record is contained within an exempt system said official 

shall;

    (i) Notify the requestor that the request is denied, including a 

statement justifying the denial and advising the requestor of a right to 

judicial review of that decision as provided in Sec. 6.57, or

    (ii) Notify the system manager to make record available to the 

requestor in accordance with Sec. 6.31, notwithstanding the record's 

inclusion within an exempt system.

    (e) The appropriate official listed in paragraph (b) of this section 

shall provide the Privacy Appeals Office with a copy of any denial of a 

requested access.



[44 FR 50293, Aug. 27, 1979, as amended at 48 FR 44543, Sept. 29, 1983; 

50 FR 40006, Oct. 1, 1985; 51 FR 34604, Sept. 30, 1986]