31 CFR 1, Subpart C, Appendix E to Subpart C of Part 1 - Bureau of Alcohol, Tobacco and Firearms
Pt. 1, Subpt. C, App. E
Appendix E to Subpart C of Part 1—Bureau of Alcohol, Tobacco and
Firearms
1. In general. This appendix applies to the Bureau of Alcohol,
Tobacco and Firearms. It sets forth specific notification and access procedures with
respect to particular systems of records, identifies the officers designated to make
the initial determinations with respect to notification and access to records and
accountings of disclosures of records. This appendix also sets forth the specific
procedures for requesting amendment of records and identifies the officers
designated to make the initial and appellate determinations with respect to requests
for amendment of records. It identifies the officers designated to grant extensions
of time on appeal, the officers with whom “Statements of Disagreement” may be filed,
the officer designated to receive service of process and the addresses for delivery
of requests, appeals, and service of process. In addition, it references the notice
of systems of records and notices of the routine uses of the information in the
system required by 5 U.S.C. 552a (3) (4) and (11) and published annually by the
Office of the Federal Register in “Privacy Act Issuances”.
2. Requests for notification and access to records and accountings of
disclosures. Initial determination under 31 CFR 1.26, whether to grant
requests for notification and access to records and accountings of disclosures for
the Bureau of Alcohol, Tobacco, and Firearms, will be made by the
Chief, Disclosure Branch, Office of the Assistant to the Director or the delegate of
such officer. Requests may be mailed or delivered in person to: Privacy Act Request,
Chief, Disclosure Branch, Room 4406, Bureau of Alcohol, Tobacco and Firearms, 1200
Pennsylvania Avenue, NW., Washington, DC 20226.
3. Requests for amendment of record. Initial determinations under 31
CFR 1.27 (a) through (d) with respect to requests to amend records maintained by the
Bureau of Alcohol, Tobacco and Firearms will be made by the Chief, Disclosure
Branch, Office of the Assistant to the Director. Requests for amendment of records
may be mailed or delivered in person to: Privacy Act Request, Chief, Disclosure
Branch, Room 4406, Bureau of Alcohol, Tobacco and Firearms, 1200 Pennsylvania
Avenue, NW., Washington, DC 20226.
4. Verification of identity. (a) In addition to the requirements
specified in 31 CFR 1.26(d) of this appendix, each request for notification, access
or amendment of records made by mail shall contain the requesting individual's date
and place of birth and a statement signed by the requester asserting his or her
identity and stipulating that the requester understands that knowingly or willfully
seeking or obtaining access to records about another person under false pretenses is
a misdemeanor and punishable by a fine of up to $5,000 provided, that the Bureau of
Alcohol, Tobacco and Firearms may require a signed notarized statement verifying the
identity of the requester.
(b) Individuals making requests in person will be required to exhibit at least two
acceptable identifying documents such as employee identification cards, driver's
license, medical cards, or other documents sufficient to verify the identity of the
requester.
(c) The parent or guardian of a minor or a person judicially determined to be
incompetent, shall in addition to establishing the identity of the minor or other
person he represents as required in (a) and (b), establish his own parentage or
guardianship by furnishing a copy of a birth certificate showing parentage (or other
satisfactory documentation) or a court order establishing the guardianship.
5. Request for physical inspection of records. Upon determining that
a request for the physical inspection of records is to be granted, the requester
shall be notified in writing of the determination, and when and where the records
may be inspected. The inspection of records will be made at the Bureau of Alcohol,
Tobacco and Firearms Field Office or other facility located nearest to the residence
of the individual making the request. Such inspection shall be conducted during the
regular business hours of the field office or other facility where the disclosure is
made. A person of the requester's own choosing may accompany the requester provided
the requester furnishes a written statement authorizing the disclosure of the
requester's record in the accompanying person's presence. The record inspection will
be made in the presence of a representative of the Bureau. Following the inspection
of the record, the individual will acknowledge in writing the fact that he or she
had an opportunity to inspect the requested record.
6. Requests for copies of records without prior physical inspection.
Upon determining that an individual's request for copies of his or her records
without prior physical inspection is to be granted, the requester shall be notified
in writing of the determination, and the location and time for his or her receipt of
the requested copies. The copies will be made available at the Bureau of Alcohol,
Tobacco and Firearms field office or other facility located nearest to the residence
of the individual making the request. Copies shall be received by the requester
during the regular business hours of the field office or other facility where the
disclosure is made. Transfer of the copies to the individual shall be conditioned
upon payment of copying costs and his presentation of at least two acceptable
identifying documents such as employee identification cards, driver's license,
medical cards, or other documents sufficient to verify the identity of the
requester. Following the receipt of the copies, the individual will acknowledge
receipt in writing.
7. Administrative appeal of initial determination refusing to amend
record. Appellate determinations under 31 CFR 1.27(e) with respect to records
of the Bureau of Alcohol, Tobacco and Firearms, including extensions of time on
appeal, will be made by the Director or the delegate of such officer. Appeals should
be addressed to, or delivered in person to: Privacy Act Amendment Appeal, Director,
Bureau of Alcohol, Tobacco and Firearms, Room 4406, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20226.
8. Statements of disagreement. “Statements of Disagreement” as
described in 31 CFR 1.27(e) (4) shall be filed with the official signing the
notification within 35 days of the date of such notification and should be limited
to one page.
9. Service of process. Service of process will be received by the
Director of the Bureau of Alcohol, Tobacco and Firearms or the delegate of such
official and shall be delivered to the following location: Director, Bureau of
Alcohol, Tobacco and Firearms, 1200 Pennsylvania Avenue, NW., Washington, DC 20226,
Attention: Chief Counsel.
10. Annual notice of systems of records. The annual notice of systems
of records is published by the Office of the Federal Register, as specified in 5
U.S.C. 552a(f). The publication is entitled “Privacy Act Issuances”. Any specific
requirements for access, including identification requirements, in addition to the requirements set forth in 31 CFR 1.26 and 1.27 are indicated in the
notice for each pertinent system.
Title 31 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 31.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
Title 31 published on 2012-07-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 31 CFR 1 after this date.
