1、22 49 CFR Ch. X (10110 Edition) 1005.6 or no suitable replacement is obtain-able, the proper measure of damages shall be the original costs, augmented by a factor derived from a consumer price index, and adjusted downward by a factor depreciation over average use-ful life. 37 FR 4258, Mar. 1, 1972,
2、as amended at 46 FR 16224, Mar. 11, 1981; 47 FR 12803, Mar. 25, 1982 1005.6 Processing of salvage. (a) Whenever baggage or material, goods, or other property transported by a carrier subject to the provisions here-in contained is damaged or alleged to be damaged and is, as a consequence thereof, not
3、 delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice, whenever prac-ticable to do so, to the owner and other parties that may have an interest therein, and unless advised to the con-trary a
4、fter giving such notice, shall un-dertake to sell or dispose of such prop-erty directly or by the employment of a competent salvage agent. The carrier shall only dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein. The
5、 carrier shall make an itemized record suffi-cient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and claim, if any, filed thereon. The carrier also shall assign to each lot of such property a successive lot number and note that lot num
6、ber on its record of shipment and claim, if any claim is filed thereon. (b) Whenever disposition of salvage material or goods shall be made di-rectly to an agent or employee of a car-rier or through a salvage agent or com-pany in which the carrier or one or more of its directors, officers, or man-ag
7、ers has any interest, financial or otherwise, that carriers salvage records shall fully reflect the particu-lars of each such transaction or rela-tionship, or both, as the case may be. (c) Upon receipt of a claim on a ship-ment on which salvage has been proc-essed in the manner hereinbefore pre-scri
8、bed, the carrier shall record in its claim file thereon the lot number as-signed, the amount of money recov-ered, if any, from the disposition of such property, and the date of trans-mittal of such money to the person or persons lawfully entitled to receive the same. 37 FR 4258, Mar. 1972 1005.7 Wei
9、ght as a measure of loss. Where weight is used as a measure of loss in rail transit of scrap iron and steel and actual tare and gross weights are determined at origin and destina-tion, the settlement of claims shall be based upon a comparison of net weights at origin and destination. 41 FR 25908, Ju
10、ne 23, 1976 PART 1007RECORDS CON-TAINING INFORMATION ABOUT INDIVIDUALS Sec. 1007.1 Purpose and scope. 1007.2 Definitions. 1007.3 Requests by an individual for infor-mation or access. 1007.4 Procedures for identifying the indi-vidual making the request. 1007.5 Disclosure of requested information to i
11、ndividuals; fees for copies of records. 1007.6 Disclosure to third parties. 1007.7 Content of systems of records. 1007.8 Amendment of a record. 1007.9 Appeals to the Chairman. 1007.10 Information supplied by the Board when collecting information from an in-dividual. 1007.11 Public notice of records
12、systems. 1007.12 Exemptions. AUTHORITY: 5 U.S.C. 552, 49 U.S.C. 721. SOURCE: 41 FR 3087, Jan. 21, 1976, unless otherwise noted. 1007.1 Purpose and scope. (a) This part contains the rules of the Surface Transportation Board imple-menting the Privacy Act of 1974 (5 U.S.C. 552a). These rules apply to a
13、ll records maintained by this Board which are not excepted or exempted as provided for in 1007.12, insofar as they contain personal information con-cerning an individual, identify that in-dividual by name or other symbol and are contained in a system of records from which information is retrieved by
14、 the individuals name or identifying symbol. Among the primary purposes of these rules are to permit individuals VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction o
15、r networking permitted without license from IHS-,-,-23 Surface Transportation Board, DOT 1007.3 to determine whether information about them is contained in Board files and, if so, to obtain access to that in-formation; to establish procedures whereby individuals may have inac-curate and incomplete i
16、nformation cor-rected; and, to restrict access by unau-thorized persons to that information. (b) In this part the Board is also ex-empting certain Board systems of records from some of the provisions of the Privacy Act of 1974 that would oth-erwise be applicable to those systems. 1007.2 Definitions.
17、 As used in this part: Board means the Surface Transpor-tation Board. Chairman means the Presidentially appointed Board Member who is the ad-ministrative head of the Surface Trans-portation Board. Privacy Officer refers to the indi-vidual designated to process requests and handle various other matte
18、rs relat-ing to the Boards implementation of the Privacy Act of 1974. Individual means a citizen of the United States or an alien lawfully ad-mitted for permanent residence. Maintain means the maintenance, collection, use, or dissemination (of records). Record means any item, collection or grouping
19、of information about an indi-vidual that is maintained by an agen-cy, including, but not limited to, his education, financial transactions, med-ical history, and criminal or employ-ment history and that contains his name, or the identifying number, sym-bol, or other identifying particular as-signed
20、to the individual, such as a fin-ger or voice print or a photograph. Statistical Record means a record in a system of records maintained for sta-tistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as pro-v
21、ided by section 8 of Title 13 of the United States Code. System of records means a group of any records under the control of the Board retrieved by the name of the in-dividual or by some identifying num-ber, symbol, or other identifying par-ticular assigned to the individual. Routine use means, with
22、 respect to the disclosure of a record, the use of such record for a purpose which is com-patible with the purpose of which the record was compiled. Agency means any executive depart-ment, military department, Govern-ment corporation, Government-con-trolled corporation or other establish-ment in the
23、 Executive Branch of the Government or any independent regu-latory agency. 1007.3 Requests by an individual for information or access. (a) Any individual may request infor-mation on whether a system of records maintained by the Board contains any information pertaining to him or her, or may request
24、access to his or her record or to any information per-taining to him or her which is con-tained in a system of records. All re-quests shall be directed to the Privacy Officer, Surface Transportation Board, 395 E Street, SW., Washington, DC 204230001. (b) A request for information or for access to re
25、cords under this part may be made by mail or in person. The re-quest shall: (1) Be in writing and signed by the in-dividual making the request; and, (2) Include the full name of the indi-vidual seeking the information or record, along with his or her home and business addresses and telephone num-ber
26、s. (c) For each system of records from which information is sought, the re-quest shall: (1) Specify the title and identifying number as it appears in the system no-tice published by the Board; (2) Provide such additional identi-fying information, if any, as may be re-quired by the system notice; (3)
27、 Describe the specific information or kind of information sought within that system of records; and, (4) Set forth any unusual arrange-ments sought concerning the time, place, or form of access. (d) The Board will respond in writing to a request made under this section within ten days (excluding Sat
28、urdays, Sundays and legal public holidays) after receipt of the request. If a defini-tive reply cannot be given within ten VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo repr
29、oduction or networking permitted without license from IHS-,-,-24 49 CFR Ch. X (10110 Edition) 1007.4 days, the request will be acknowledged and an explanation will be given of the status of the request. (e) The individual either will be noti-fied in writing of where and when he or she may obtain acc
30、ess to the records requested or will be given the name, address and telephone number of the member of the Board staff with whom he or she should communicate to make further arrangements for access. 41 FR 3087, Jan. 21, 1976, as amended at 64 FR 53266, Oct. 1, 1999; 74 FR 52903, Oct. 15, 2009 1007.4
31、Procedures for identifying the individual making the request. When a request for information or for access to records has been made pursu-ant to 1007.3, before information is given or access is granted pursuant to 1007.5 of these rules, the Board shall require reasonable identification of the person
32、 making the request to insure that information is given and records are disclosed only to the proper person. (a) An individual may establish his identity by: (1) Submitting with his written re-quest for information or for access to photocopy, two pieces of identification bearing his or her name and
33、signature, one of which shall bear his or her cur-rent home or business address; or (2) Appearing at any office of the Board during the regular working hours for that office and presenting ei-ther: (i) One piece of identification con-taining a photograph and signature, such as a drivers license or p
34、assport, or, in the case of a Board employee, his or her STB identification card; or (ii) Two pieces of identification bear-ing the individuals name and signa-ture, one of which shows the individ-uals current home or business address; and (3) Providing such other proof of identity as the Board deems
35、 satisfac-tory in the circumstances of a par-ticular request. (b) Nothing in this section shall pre-clude the Board from requiring addi-tional identification before granting access to the records if there is reason to believe that the person making the request may not be the individual to whom the r
36、ecord pertains, or where the sensitivity of the data may warrant. (c) The requirements of this sub-section shall not apply if the records involved would be available to any per-son under the Freedom of Information Act. 1007.5 Disclosure of requested infor-mation to individuals; fees for cop-ies of r
37、ecords. (a) Any individual who has requested access to his or her record or to any in-formation pertaining to that individual in the manner prescribed in 1007.3 and has identified himself or herself as pre-scribed in 1007.4 shall be permitted to review the record and have a copy made of all or any p
38、ortion thereof in a form comprehensible to the individual, subject to fees for copying services set forth in paragraph (f) of this section. Upon request, persons of the individ-uals own choosing may accompany the individual, provided that the individual has furnished a written statement au-thorizing
39、 discussion of his or her record in the accompanying persons presence. (b) Access will generally be granted in the office of the Board where the records are maintained during normal business hours, but for good cause shown the Board may grant access at another office of the Board or at dif-ferent ti
40、mes for the convenience of the individual making the request. When a request for access is from a Board em-ployee, this request may be granted by forwarding the information desired through registered mail, return receipt requested. (c) Where a document containing in-formation about an individual als
41、o con-tains information not pertaining to him or her, the portion not pertaining to the individual shall not be disclosed except to the extent the information is available to any person under the Free-dom of Information Act. If the records sought cannot be provided for review and copying in a meanin
42、gful form, the Board shall provide to the individual a summary of the information con-cerning the individual contained in the record or records which shall be com-plete and accurate in all material as-pects. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:SGML22
43、0219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-25 Surface Transportation Board, DOT 1007.6 (d) Where the disclosure involves medical records, the Privacy Officer may determine that such information wi
44、ll be provided only to a physician designated by the individual. (e) Requests for copies of documents may be directed to the Privacy Officer or to the member of the Boards staff through whom arrangements for access were made. (f) Fees for copies of records shall be charged at the rate set forth in 4
45、9 CFR 1002.1(d). Fees for requests requiring the use of a computer shall be charged at the actual cost for machine time. Payment should be made by check or money order payable to the Treasury of the United States. When it is deter-mined to be in the best interest of the public, the Privacy Officer m
46、ay waive the fee provision. (g) Nothing in this subsection or in 1007.3 shall: (1) Require the disclosure of records exempted under 1007.12 of these rules, including the exemption relating to in-vestigative records; (2) Allow an individual access to any information compiled in reasonable an-ticipati
47、on of a civil action or pro-ceeding or a criminal proceeding; or, (3) Require the furnishing of informa-tion or records which in the regular course of business cannot be retrieved by the name or other identifier of the individual making the request. 41 FR 3087, Jan. 21, 1976, as amended at 53 FR 464
48、83, Dec. 8, 1987 1007.6 Disclosure to third parties. (a) The Board shall not disclose to any agency or to any person by any means of communication a record per-taining to an individual which is con-tained in a system of records, except under the following circumstances: (1) The individual to whom th
49、e record pertains has given his written consent to the disclosure; (2) The disclosure is to officers and employees of the Board who need it in the performance of their duties; (3) Disclosure is required under the Freedom of Information Act (5 U.S.C. 552). (4) Disclosure is for a routine use as defined in 1007.2 of these rules and de-scribed in the system notice for that system of records; (5) The disclosure is made to the Bu-reau of the Census fo
