[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1602.3]



[Page 927-928]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1602_PROTECTION OF PRIVACY AND ACCESS TO INDIVIDUAL RECORDS UNDER 

THE PRIVACY ACT OF 1974--Table of Contents

 

Sec.  1602.3  Responsibility for responding to requests for access to 

records.



    (a) In general. In determining which records are responsive to a 

request, the CSB ordinarily will include only those records in its 

possession as of the date the CSB begins its search for them. If any 

other date is used, the CSB will inform the requester of that date.

    (b) Authority to grant or deny requests. The CSB's General Counsel, 

or his/her designee, is authorized to grant or deny any request for 

access to a record of the CSB.

    (c) Consultations and referrals. When the CSB receives a request for 

access to a record in its possession, it will determine whether another 

agency of the Federal Government is better able to determine whether the 

record is exempt from access under the Privacy Act. If the CSB 

determines that it is best able to process the record in response to the 

request, then it will do so. If the CSB determines that it is not best 

able to process the record, then it will either:

    (1) Respond to the request regarding that record, after consulting 

with the agency best able to determine whether the record is exempt from 

access and with any other agency that has a substantial interest in it; 

or

    (2) Refer the responsibility for responding to the request regarding 

that record to another agency that originated the record (but only if 

that agency is subject to the Privacy Act). Ordinarily, the agency that 

originated a record will be presumed to be best able to determine 

whether it is exempt from access.



[[Page 928]]



    (d) Notice of referral. Whenever the CSB refers all or any part of 

the responsibility for responding to your request to another agency, it 

ordinarily will notify you of the referral and inform you of the name of 

each agency to which the request has been referred and of the part of 

the request that has been referred.

    (e) Timing of responses to consultations and referrals. All 

consultations and referrals shall be handled according to the date the 

Privacy Act access request was initially received by the CSB, not any 

later date.