Appendix D to Part 10 - Federal Aviation Administration

1. Introduction. This appendix:

a. Describes the procedures for determining if an individual is the subject of a record maintained by the Federal Aviation Administration;

b. Describes the availability of records and prescribes requirements for identifying an individual who requests a record pertaining to him or her;

c. Prescribes procedures for granting access to an individual upon that individual's request for the record pertaining to him or her;

d. Prescribes procedures for reviewing a request from an individual concerning the amendment of any record pertaining to him or her;

e. Prescribes procedures for making a determination on the request of an individual for amendment of any record pertaining to him or her; and

f. Prescribes procedures for an appeal within the FAA of a determination not to grant access to or amendment of records.

2. Availability for Inspection and Copying. Records may be inspected at the FAA facility identified for the particular system of records appearing in the systems notices published in the Federal Register. These facilities are open to the public during regular business hours, except Saturdays, Sundays, and Federal holidays.

3. Systems of Records.

a. A list of FAA systems of records pertaining to the Privacy Act indicating the geographic locations and the responsible systems managers has been published in the Federal Register and appears as follows:

(1) September 19, 1977, on pages 47069-47088,

(2) August 28, 1978, on page 38511, and

(3) May 15, 1979, on pages 28439-28447.

b. Any individual who is unable to determine in which FAA-maintained system the records pertaining to him or her may be found may submit a written request for assistance to the attention of the Privacy Act Coordinator located at the region or center nearest to his residence. The addresses for the regional and center facilities of the FAA are listed below:

(1) FAA Headquarters, 800 Independence Avenue SW., Washington, DC 20591;

(2) Alaskan Region, 632 Sixth Avenue, Anchorage, Alaska 99501;

(3) Central Region, 601 East 12th Street, Kansas City, MO 64106;

(4) Southern Region, 3400 Norman Berry Drive, East Point, Georgia 30344 (Mail Address: P.O. Box 20636, Atlanta, Georgia 30320);

(5) Southwest Region, 4400 Blue Mound Road, Fort Worth, Texas 76193-0000;

(6) Western-Pacific Region, 15000 Aviation Boulevard, Hawthorne, California (Mail Address: P.O. Box 92007, World Postal Center, Los Angeles, California 90009);

(7) Eastern Region, JFK International Airport, Fitzgerald Federal Building, Jamaica, New York 11430;

(8) Mike Monroney Aeronautical Center, 6500 South MacArthur (Mail Address: P.O. Box 25082), Oklahoma City, Oklahoma 73125;

(9) Technical Center, Atlantic City International Airport, New Jersey 08405;

(10) New England Region, 12 New England Executive Park, Burlington, Massachusetts 01803;

(11) Great Lakes Region, O'Hare Lake Office Center, 2300 East Devon Avenue, Des Plaines, Illinois 60018; and

(12) Northwest Mountain Region, 1601 Lind Avenue, SW, Renton, Washington 98055-4056.

4. Access to Records.

a. Any individual desiring to inspect a record or obtain a copy of a record pertaining to him or her must present a written request in accordance with the provisions of this section. An individual making a request under this section may either appear in person or submit a request by mail to the address and attention of the system manager as it appears in the list of systems of records published in the Federal Register. The individual must first determine in which system of records he or she believes the particular records pertaining to him or her are maintained by examining the categories of records and routine uses in the list of the systems of records published in the Federal Register and available at the addresses set forth in paragraph 3.b of this appendix.

b. The individual must include in the request the information necessary to identify the specific system of records as it appears in the list of the systems of records of the FAA published in the Federal Register.

c. Upon request by any individual to gain access to an FAA record that contains information pertaining to him or her, the FAA official responsible for the record informs the individual whether the requested record is exempt under subpart G of this part.

d. An individual making a request under this section is permitted to inspect and have a copy made of any record pertaining to him or her in a form comprehensible to him or her, if:

(1) He or she has given identification in accordance with section 6 of this appendix;

(2) The record is not exempt under subpart G of this part; and

(3) The record was not compiled in reasonable anticipation of a civil action or proceeding. For medical records see § 10.35(d).

e. Notwithstanding paragraph d of this section, if an individual requesting a record pertaining to him or her is accompanied by a person of his or her own choosing to review the record, the individual making the request must submit a signed statement authorizing the discussion of the record in the presence of the accompanying person.

f. Each request for a record determined to be releasable under paragraph d of this section is complied with within ten days, excluding Saturdays, Sundays, and Federal holidays. If additional time is necessary to make the requested record comprehensible to the individual requesting it, the FAA official responsible for the record notifies the individual within ten days of the request of the estimated time required to fill the request.

g. Any individual whose request for access to a record pertaining to him or her is denied may file a written appeal to the Administrator, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. Appeals submitted under this section must comply with the requirements of § 10.51 of this part.

5. Requests to Correct or Alter Records.

a. Any individual may request an amendment of any record pertaining to him or her maintained by the FAA in a system of rec-ords, by submitting the request in writing to the attention of the FAA official responsible for the record at the address appearing in the list of systems of records published in the Federal Register.

b. Each request for an amendment of a record must be accompanied by a written explanation as to why the individual believes the present record is not accurate, timely, relevant, or complete. The individul making the request may submit any documentation he or she wishes in support of his request.

c. Upon receipt of a request for an amendment of a record, the FAA official responsible for the record reviews the record and supporting documentation and determines if there is a sufficient basis upon which to make a decision to make the requested amendment. In any case, the request must be acknowledged within 10 days.

d. If the FAA official responsible for the record determines under paragraph c of this section that additional information is necessary before a decision can be made as to whether to make the requested amendment, the official notifies the individual making the request to amend specifying what additional information is necessary.

e. If the FAA official responsible for the record determines that the requested amendment should be made, the official amends the record, notifies the individual making the request, and sends to that individual a copy of the corrected record, as well as to other persons or agencies to whom the record may have been disclosed (See 49 CFR 10.23(d)).

f. If the FAA official responsible for the record determines that the requested amendment should be denied, the official forwards to his supervisor the request for amendment with all supporting documentation and reasons for the denial.

g. If the supervisor determines that the requested amendment should be made, the supervisor follows the procedures in paragraph e of this section.

h. If the supervisor determines that the requested amendment should be denied, the supervisor notifies the individual making the request of the denial, the reasons therefor, and informs the individual of the FAA procedures for appealing the denial.

i. Any individual whose request for correction or alteration of a record pertaining to him or her is denied may file a written appeal to the Administrator, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. Appeals submitted under this section must comply with the requirements of § 10.51 of this part.

6. Personal Identification Requirements.

a. Each individual making a request under this appendix for a record pertaining to him or her must present appropriate identification before the requested record is released. Types of appropriate identification include:

(1) For requests made in person, a driver's license or employee identification card; and

(2) For requests made by mail, name (printed or typed, and signature) and date of birth, or the unique identifier used in the system of records.

b. If an individual cannot provide appropriate identification as required in paragraph 6.a of this appendix, or if the record requested is particularly sensitive, the FAA official responsible for the record may require the individual to sign a statement certifying his or her identity and understanding that knowingly and willfully to request or obtain any record concerning an individual from the FAA under false pretenses is a misdemeanor punishable by a fine of up to $5,000 as provided in 5 U.S.C. 552a(i)(3).