[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Proposed Rules]
[Pages 26851-26853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12360]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 201
Rules of General Application
AGENCY: U.S. International Trade Commission.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Commission is proposing to amend Part 201 of the
Commission's Rules of Practice and Procedure (the ``Commission's
Rules'') to clarify those sections of the Commission's Rules dealing
with the Freedom of Information Act (FOIA) and Privacy Act Officers'
initial denial authority. This proposed amendment will also reflect the
Inspector General's authority, under both the Inspector General Act of
1978, as amended, (the ``IG Act'') and under Section 552a(b) of the
Privacy Act to disclose Privacy Act information to contractor personnel
who function as federal employees.
DATES: Comments on the proposed rules will be considered if received on
or before June 19, 1995.
ADDRESSES: A signed original and 14 copies of each set of comments,
along [[Page 26852]] with a cover letter addressed to Donna R. Koehnke,
Secretary, should be sent to the U.S. International Trade Commission,
Room 112, 500 E Street SW, Washington, DC 20436.
FOR FURTHER INFORMATION CONTACT: Hilaire R. Henthorne, Esq., Counsel to
the Inspector General, Office of Inspector General, U.S. International
Trade Commission, telephone 202-205-2210. Hearing impaired persons are
advised that information on the matter can be obtained by contacting
the Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: Section 335 of the Tariff Act of 1930 (19
U.S.C. 1335) authorizes the Commission to adopt such reasonable
procedures and rules and regulations as it deems necessary to carry out
its functions and duties. This amendment will bring the Commission's
Rules into conformity with Section 6 of the IG Act (5 U.S.C. app. 3)
and with Section 552a(b) of the Privacy Act of 1974, as amended (5
U.S.C. 552a(b)).
Section 6 of the IG Act authorizes Inspectors General to ``enter
into contracts and other arrangements for audits, studies, analyses,
and other services with * * * private persons * * *.'' See 5 U.S.C.
app. 3. When contractor personnel are employed to perform the
authorized functions of an Office of Inspector General, and are, in the
judgment of the Inspector General, performing such functions, they
serve in the capacity of government employees. See generally Coakley v.
United States Dep't of Transportation, No. 93-1420, slip op. at 3
(D.D.C. Apr. 7, 1994); and Hulett v. Dep't of the Navy, No. TH 85-310-
C, slip op. at 3-4 (S.D. Ind. Oct. 26, 1987); aff'd 866 F.2d 432 (7th
Cir. 1988) (table cite), cert. denied, 490 U.S. 1068 (1989). Section
552a(b) of the Privacy Act stipulates that Privacy Act disclosures are
permissible when made to ``employees of the agency * * * who have a
need for the record in the performance of their duties * * *.'' See 5
U.S.C. Sec. 552a(b).
Section 552a(c) of the Privacy Act specifically exempts disclosure
to government employees from the Privacy Act's recordkeeping
requirement. Thus, this amendment to the Commission's Rules clarifies
the three categories of disclosure that are exempt, under the Privacy
Act, from the recordkeeping provisions: (1) Disclosures made to
officers and employees of the Commission who have a need for the
information in the performance of their duties; (2) disclosures made to
contractor personnel, pursuant to the IG Act or any other law, when
such personnel are performing the functions of government employees;
and (3) other contractor personnel who, in the judgment of the Director
of Personnel, are acting as Commission employees.
Commission rules ordinarily are promulgated in accordance with the
rulemaking provisions of section 553 of the Administrative Procedure
Act (5 U.S.C. 551 et seq.) (APA). Under the APA, rulemaking entails the
following steps: (1) publication of a notice of proposed rulemaking;
(2) solicitation of public comment on the proposed rules; (3)
Commission review of such comments prior to developing final rules; and
(4) publication of the final rules thirty days prior to their effective
date. See 5 U.S.C. 553. This notice of proposed rulemaking is the first
step in that procedure.
The Commission has determined that this proposed amendment does not
meet the criteria described in section 3f of Executive Order (EO) 12866
(58 FR 51735, Oct. 4, 1993) and does not constitute a ``significant
regulatory action'' for purposes of the EO. In accordance with the
Regulatory Flexibility Act (5 U.S.C. Sec. 601 note), the Commission
hereby certifies pursuant to 5 U.S.C. Sec. 605(b) that the proposed
amendment set forth in this notice is not likely to have a significant
economic impact on a substantial number of small business entities.
This conclusion is premised on the fact that the proposed amendment
merely conforms to existing IG Act and Privacy Act provisions. Thus, it
is not expected to have any significant economic impact.
Proposed Changes to 19 CFR Part 201
1. Section 201.2(b)-(j) is revised to include a definition of the
term ``Inspector General'' and redesignate existing definitions as
follows:
Sec. 201.2 Definitions.
(b) Inspector General means the Inspector General of the
Commission;
(c) Tariff Act means the Tariff Act of 1930, 19 U.S.C. 1202-1677j;
(d) Trade Expansion Act means the Trade Expansion Act of 1962, 19
U.S.C. 1801-1991;
(e) Trade Act means the Trade Act of 1974, 19 U.S.C. 2101-2487;
(f) Trade Agreements Act means the Trade Agreements Act of 1979,
Public Law 96-39, 93 Stat. 144;
(g) Rule means a section of the Commission Rules of Practice and
Procedure (19 CFR chapter II);
(h) Secretary means the Secretary of the Commission;
(i) Except for adjudicative investigations under subchapter C of
this chapter, party means any person who has filed a complaint or
petition on the basis of which an investigation has been instituted, or
any person whose entry of appearance has been accepted pursuant to
Sec. 201.11 (a) or (c). Mere participation in an investigation without
an accepted entry appearance does not confer party status.
(j) Person means an individual, partnership, corporation,
association, or public or private organization.
2. Paragraph (a) of Sec. 201.18 is revised to read as follows:
Sec. 201.18 Denial of requests, appeals from denial.
(a) Written requests for inspection or copying of records shall be
denied only by the Secretary or Acting Secretary, or, for records
maintained by the Office of Inspector General, the Inspector General.
Denials of written requests shall be in writing, shall specify the
reason therefor, and shall advise the person requesting of the right to
appeal to the Commission. Oral requests may be dealt with orally, but
if the requester is dissatisfied he shall be asked to put the request
in writing.
3. Paragraph (d) of Sec. 201.24 is revised to read as follows:
Sec. 201.24 Procedures for requests pertaining to individual records
in a records system.
(d) The Director of Personnel, or, the Inspector General, if such
records are maintained by the Inspector General, shall ascertain
whether the systems of records maintained by the Commission contain
records pertaining to the individual, and whether access will be
granted. Thereupon the Director of Personnel shall:
(1) Notify the individual whether or not the requested record is
contained in any system of records maintained by the Commission; and
(2) Notify the individual of the procedures as prescribed in
Secs. 201.25 and 201.26 of these regulations by which the individual
may gain access to those records maintained by the Commission which
pertain to him or her. Access to the records will be provided within 30
days (excluding Saturdays, Sundays, and legal public holidays).
4. Paragraph (b) of Sec. 201.28 is revised to read as follows:
Sec. 201.28 Request for correction or amendment of record.
(b) Not later than 10 days (Saturdays, Sundays and Federal legal
public holidays excluded) after the date of receipt of a Privacy Act
request for amendment of records, the Director of Personnel shall
acknowledge such receipt in writing. Such a request for
[[Page 26853]] amendment will be granted or denied by the Director of
Personnel or, for records maintained by the Inspector General, the
Inspector General. If the request is granted, the Director of
Personnel, or, the Inspector General, for records maintained by the
Inspector General, shall promptly make any correction of any portion of
the record which the individual believes is not accurate, relevant,
timely, or complete. If, however, the request is denied, the Director
of Personnel shall inform the individual of the refusal to amend the
record in accordance with the individual's request and give the
reason(s) for the refusal. In cases where the Director of Personnel or
the Inspector General has refused to amend in accordance with an
individual's request, he or she also shall advise the individual of the
procedures under Sec. 201.29 of these regulations for the individual to
request a review of that refusal by the full Commission or by an
officer designated by the Commission.
5. Paragraphs (a) through (d) of Sec. 201.29 are revised to read as
follows:
Sec. 201.29 Commission review of request for correction or amendment
to record.
(a) The individual who disagrees with the refusal of the Director
of Personnel or the Inspector General to amend the record may request a
review of the refusal by the Commission. All requests for review of
refusals to amend records should be addressed to the Chairman, United
States International Trade Commission, 500 E Street, SW., Washington,
DC 20436, and shall clearly indicate both on the envelope and in the
letter that it is a Privacy Act review request.
(b) Not later than 30 days (Saturdays, Sundays, and Federal legal
public holidays excluded) from the date on which the Commission
receives a request for review of the Director of Personnel's or the
Inspector General's refusal to amend the record, the Commission shall
complete such a review and make a final determination thereof unless,
for good cause shown, the Commission extends the 30-day period.
(c) After the individual's request to amend his or her records has
been reviewed by the Commission, if the Commission agrees with the
Director of Personnel's or the Inspector General's refusal to amend the
record in accordance with the individual's request, the Commission
shall: (1) Notify the individual in writing of the Commission's
decision; (2) advise the individual that he or she has the right to
file a concise statement of disagreement with the Commission which sets
forth his or her reasons for disagreement with the refusal of the
Commission to amend the records; and (3) notify the individual of his
or her legal right to judicial review of the Commission's final
determination.
(d) In any disclosure, containing information about which the
individual has filed a statement of disagreement, the Director of
Personnel, or, for records maintained by the Inspector General, the
Inspector General, shall clearly note any portion of the record which
is disputed and shall provide copies of the statement and, if the
Commission deems it appropriate, copies of a concise statement of the
reasons of the Commission for not making the amendments requested, to
persons or other agencies to whom the disputed record has been
disclosed.
6. Paragraph (b) of Sec. 201.30 is revised to read as follows:
Sec. 201.30 Commission disclosure of record to person other than the
individual to whom it pertains.
(b) Except for disclosures either to officers and employees of the
Commission, or, to contractor employees who, in the Inspector General's
or the Director of Personnel's judgment, are acting as federal
employees, who have a need for the record in the performance of their
duties, and any disclosure required by 5 U.S.C. Sec. 552, the Director
of Personnel shall keep an accurate accounting of: (1) The date,
nature, and purpose of each disclosure of a record to any person or to
another agency under paragraph (a) of this section; and (2) the name or
address of the person or agency to whom the disclosure is made.
Issued: May 15, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-12360 Filed 5-18-95; 8:45 am]
BILLING CODE 7020-02-P
