[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: 40CFR1602.4]



[Page 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.  1602.4  Responses to requests for access to records.



    (a) Acknowledgments of requests. On receipt of your request, the CSB 

ordinarily will send an acknowledgment letter, which shall confirm your 

agreement to pay fees under Sec.  1602.2(c) and may provide an assigned 

request number for further reference.

    (b) Grants of requests for access. Once the CSB makes a 

determination to grant your request for access in whole or in part, it 

will notify you in writing. The CSB will inform you in the notice of any 

fee charged under Sec.  1602.9 and will disclose records to you promptly 

on payment of any applicable fee. If your request is made in person, the 

CSB may disclose records to you directly, in a manner not unreasonably 

disruptive of its operations, on payment of any applicable fee and with 

a written record made of the grant of the request. If you are 

accompanied by another person when you make a request in person, you 

shall be required to authorize in writing any discussion of the records 

in the presence of the other person.

    (c) Adverse determinations of requests for access. If the CSB makes 

an adverse determination denying your request for access in any respect, 

it will notify you of that determination in writing. Adverse 

determinations, or denials of requests, consist of: a determination to 

withhold any requested record in whole or in part; a determination that 

a requested record does not exist or cannot be located; a determination 

that what has been requested is not a record subject to the Privacy Act; 

a determination on any disputed fee matter; and a denial of a request 

for expedited treatment. The notification letter shall be signed by the 

General Counsel, or his/her designee, and shall include:

    (1) The name and title or position of the person responsible for the 

denial;

    (2) A brief statement of the reason(s) for the denial, including any 

Privacy Act exemption(s) applied by the CSB in denying the request; and

    (3) A statement that the denial may be appealed under Sec.  

1602.5(a) and a description of the requirements of Sec.  1602.5(a).