[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: 40CFR1602.6]



[Page 929]

 

                   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.  1602.6  Requests for amendment or correction of records.



    (a) How made and addressed. You may make a request for amendment or 

correction of a CSB record about yourself by following the procedures in 

Sec.  1602.2. Your request should identify each particular record in 

question, state the amendment or correction that you want, and state why 

you believe that the record is not accurate, relevant, timely, or 

complete. You may submit any documentation that you think would be 

helpful.

    (b) CSB responses. Within ten working days of receiving your request 

for amendment or correction of records, the CSB will send you a written 

acknowledgment of its receipt of your request, and it will promptly 

notify you whether your request is granted or denied. If the CSB grants 

your request in whole or in part, it will describe the amendment or 

correction made and advise you of your right to obtain a copy of the 

corrected or amended record. If the CSB denies your request in whole or 

in part, it will send you a letter stating:

    (1) The reason(s) for the denial; and

    (2) The procedure for appeal of the denial under paragraph (c) of 

this section, including the name and business address of the official 

who will act on your appeal.

    (c) Appeals. You may appeal a denial of a request for amendment or 

correction in the same manner as a denial of a request for access to 

records (see Sec.  1602.5), and the same procedures will be followed. If 

your appeal is denied, you will be advised of your right to file a 

Statement of Disagreement as described in paragraph (d) of this section 

and of your right under the Privacy Act for court review of the 

decision.

    (d) Statements of Disagreement. If your appeal under this section is 

denied in whole or in part, you have the right to file a Statement of 

Disagreement that states your reason(s) for disagreeing with the CSB's 

denial of your request for amendment or correction. Statements of 

Disagreement must be concise, must clearly identify each part of any 

record that is disputed, and should be no longer than one typed page for 

each fact disputed. Your Statement of Disagreement must be sent to the 

CSB, which will place it in the system of records in which the disputed 

record is maintained and will mark the disputed record to indicate that 

a Statement of Disagreement has been filed and where in the system of 

records it may be found.

    (e) Notification of amendment/correction or disagreement. Within 30 

working days of the amendment or correction of a record, the CSB shall 

notify all persons, organizations, or agencies to which it previously 

disclosed the record, if an accounting of that disclosure was made, that 

the record has been amended or corrected. If an individual has filed a 

Statement of Disagreement, the CSB will attach a copy of it to the 

disputed record whenever the record is disclosed and may also attach a 

concise statement of its reason(s) for denying the request to amend or 

correct the record.