[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Rules and Regulations]
[Pages 29346-29351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14140]
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INTERNATIONAL TRADE COMMISSION
19 CFR Parts 201 and 205
Revision of Public Notice, Freedom of Information Act, Initiation
of Investigation, and Privacy Act Regulations, and Implementation of
Electronic Freedom of Information Act Amendments of 1996, and Technical
Corrections to Rules Concerning Probable Economic Effect Investigations
AGENCY: International Trade Commission.
ACTION: Final rulemaking.
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SUMMARY: The United States International Trade Commission (Commission)
is amending its rules of practice and procedure to make certain changes
to rules relating to public notices, availability of information under
the Freedom of Information Act (FOIA), initiation of investigations,
and safeguarding of individual privacy under the Privacy Act of 1974
(Privacy Act). The intended effect of the changes is to implement the
Electronic Freedom of Information Act Amendments of 1996 and otherwise
to bring the rules into conformity with current Commission practices
and procedures, and with current costs of providing services.
DATES: The final rules will become effective June 29, 1998.
FOR FURTHER INFORMATION CONTACT: William W. Gearhart, telephone 202-
205-3091. Hearing impaired individuals are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
at (202) 205-1810. General information concerning the Commission may
also be obtained by accessing its internet server (http://
www.usitc.gov).
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.
The Commission published a notice of proposed rulemaking at 62 FR
61252 (November 17, 1997), proposing to amend the Commission's Rules of
Practice and Procedure to make certain changes to rules relating to
public notices, availability of information under the Freedom of
Information Act (FOIA), and safeguarding of individual privacy under
the Privacy Act of 1974 (Privacy Act). The Commission requested public
comment on the proposed rules, but no comments were received.
Accordingly, the Commission
[[Page 29347]]
has determined to adopt, as final rules, without change, the proposed
FOIA and Privacy Act rules, which are republished below. The Commission
made additional minor editorial changes to the proposed rule relating
to public notices, which is republished below. In addition, the
Commission identified several references in section 201.7 and in part
205 of the rules that refer to the United States Trade Representative
by the former name of that office, Special Representative for Trade
Negotiations; the Commission has made the appropriate nomenclature
change in these rules.
The Commission believes that, as a general matter, the analysis of
the rules in the notice of proposed rulemaking should be sufficient to
explain why and how the rules are being amended. The Commission
believes that a comment on one aspect of the FOIA rules would be useful
to avoid confusion. Revised section 201.17(a)(3) provides that normally
``requests will be processed in the order in which they are filed.''
The phrase ``will be processed'' refers to the start of processing, not
necessarily to every phase of the processing. Thus, on occasion, a
later-filed request will be simpler to answer than an earlier-filed
request, and the Secretary will issue a response to the later request
before she can finish processing the earlier one. The Secretary will
make every effort to respond to each request in a timely manner.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), the Commission hereby certifies pursuant to 5 U.S.C. 605(b) that
the rules set forth in this notice will not significantly affect any
business or other entities, and thus are not likely to have a
significant economic impact on a substantial number of small entities.
Executive Order 12866
The Commission has determined that the rules do not meet the
criteria described in section 3(f) of Executive Order 12866 (58 FR
51735, October 4, 1993) (EO) and thus do not constitute a significant
regulatory action for purposes of the EO, since the revisions will not
result in (1) an annual effect on the economy of $100 million or more,
(2) a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions, or (3) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic or foreign markets. Accordingly, no regulatory impact
assessment is required.
Unfunded Mandates Reform Act of 1995
The rules will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and will not significantly or
uniquely affect small governments. Therefore, no actions are deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995 (P.L. 104-4).
Small Business Regulatory Enforcement Fairness Act of 1996
The rules are not major rules as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (P.L. 104-
121). The rules will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Contract With America Advancement Act of 1996
The rules are exempt from the reporting requirements of the
Contract With America Advancement Act of 1996 (P.L. 104-121) because
they concern rules ``of agency organization, procedure, or practice''
that do not substantially affect the rights or obligations of non-
agency parties. See Contract With America Advancement Act, section
804(3)(c).
Paperwork Reduction Act
The rules are not subject to section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501), since they do not contain any new
information collection requirements.
List of Subjects in 19 CFR Parts 201 and 205
Administrative practice and procedure, Freedom of information,
Investigations, Privacy.
For the reasons set out in the preamble, the Commission is amending
19 CFR part 201 as follows:
PART 201--RULES OF GENERAL APPLICATION
1. The authority citation for part 201 continues to read as
follows:
Authority: Sec. 335 of The Tariff Act of 1930 (19 U.S.C. 1335),
and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless
otherwise noted.
2. Section 201.10 is revised to read as follows:
Sec. 201.10 Public notices.
As appropriate, notice of the receipt of documents properly filed,
of the institution of investigations, of public hearings, and of other
formal actions of the Commission will be given by publication in the
Federal Register. In addition to such publication, a copy of each
notice will be posted at the Office of the Secretary to the Commission
in Washington, D.C., and, as appropriate, copies will be sent to press
associations, trade and similar organizations of producers and
importers, and others known to have an interest in the subject matter.
3. Section 201.17 is revised to read as follows:
Sec. 201.17 Procedures for requesting access to records.
(a) Requests for records. (1) A request for any information or
record shall be addressed to the Secretary, United States International
Trade Commission, 500 E Street SW., Washington, DC 20436 and shall
indicate clearly both on the envelope and in the letter that it is a
``Freedom of Information Act Request.''
(2) Any request shall reasonably describe the requested record to
facilitate location of the record. If the request pertains to a record
that is part of the Commission's file in an investigation, the request
should identify the investigation by number and name. A clear
description of the requested record(s) should reduce the time required
by the Commission to locate and disclose releasable responsive
record(s) and minimize any applicable search and copying charges.
(3) Except as provided in paragraph (b) of this section, requests
will be processed in the order in which they are filed.
(4) Requests for transcripts of hearings should be addressed to the
official hearing reporter, the name and address of which can be
obtained from the Secretary. A copy of such request shall at the same
time be forwarded to the Secretary.
(5) Copies of public Commission reports and other publications can
be requested by calling or writing the Publications Office in the
Office of the Secretary. Generally, such publications can be obtained
more quickly from this office. Certain Commission publications are sold
by the Superintendent of Documents, U.S. Government Printing
[[Page 29348]]
Office, and are available from that agency at the price set by that
agency.
(6) A day-to-day, composite record will be kept by the Secretary of
each request with the disposition thereof.
(b) Expedited processing. (1) Requests for records under paragraph
(a)(1) of this section will be taken out of order and given expedited
treatment whenever it is determined that they involve:
(i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual;
(ii) An urgency to inform the public about an actual or alleged
federal government activity, if made by a person primarily engaged in
disseminating information;
(iii) The loss of substantial due process rights; or
(iv) A matter of widespread and exceptional media interest in which
there exist possible questions about the government's integrity which
affect public confidence.
(2) A request for expedited processing may be made at the time of
the initial request for records or at any later time.
(3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
person's knowledge and belief, explaining in detail the basis for
requesting expedited processing. For example, a requester within
paragraph (b)(1)(ii) of this section, if not a full-time member of the
news media, must establish that he or she is a person whose main
professional activity or occupation is information dissemination,
though it need not be his or her sole occupation. A requester within
paragraph (b)(1)(ii) of this section also must establish a particular
urgency to inform the public about the government activity involved in
the request, beyond the public's right to know about government
activity generally. The formality of certification may be waived as a
matter of administrative discretion.
(4) Within ten calendar days of receipt of a request for expedited
processing, the Secretary will decide whether to grant it and will
notify the requester of the decision. If a request for expedited
treatment is granted, the request will be given priority and will be
processed as soon as practicable. If a request for expedited processing
is denied, any appeal of that decision will be acted on expeditiously.
(c) Public reading room. The Commission maintains a public reading
room in the Office of the Secretary for access to the records that the
FOIA requires to be made regularly available for public inspection and
copying. Reading room records created by the Commission on or after
November 1, 1996, are available electronically. This includes a current
subject-matter index of reading room records, which will indicate which
records are available electronically.
4. Paragraphs (b) and (c) of Sec. 201.18 are revised to read as
follows:
Sec. 201.18 Denial of requests, appeals from denial.
* * * * *
(b) An appeal from a denial of a request must be received within
sixty days of the date of the letter of denial and shall be made to the
Commission and addressed to the Chairman, United States International
Trade Commission, 500 E Street SW., Washington, DC 20436. Any such
appeal shall be in writing, and shall clearly indicate both on the
envelope and in the letter that it is a ``Freedom of Information Act
Appeal.''
(c) Except when expedited treatment is requested and granted,
appeals will be decided in the order in which they are filed, but in
any case within twenty days (excepting Saturdays, Sundays, and legal
holidays) unless an extension, noticed in writing with the reasons
therefor, has been provided to the person making the request. Notice of
the decision on appeal and the reasons therefor will be made promptly
after a decision. Requests for expedited treatment should conform with
the requirements in Sec. 201.17(c) of this part.
5. Paragraphs (b)(1) (ii) and (iii) and (b)(3)(i) of Sec. 201.20
are revised to read as follows:
Sec. 201.20 Fees.
* * * * *
(b) Charges. * * *
(1) Search. * * *
(ii) For each quarter hour spent by agency personnel in salary
grades
GS-2 through GS-10 in searching for and retrieving a requested record,
the fee shall be $4.00. When the time of agency personnel in salary
grades GS-11 and above is required, the fee shall be $6.50 for each
quarter hour of search and retrieval time spent by such personnel.
(iii) For computer searches of records, which may be undertaken
through the use of existing programming, requester shall be charged the
actual direct costs of conducting the search, although certain
requesters (as defined in paragraph (c)(2) of this section) shall be
entitled to the cost equivalent of two hours of manual search time
without charge. These direct costs shall include the cost of operating
a central processing unit for that portion of operating time that is
directly attributable to searching for records responsive to a request,
as well as the costs of operator/programmer salary apportionable to the
search (at no more than $6.50 per quarter hour of time so spent).
* * * * *
(3) Review. (i) Review fees shall be assessed with respect to only
those requesters who seek records for a commercial use, as defined in
paragraph (j)(5) of this section. For each quarter hour spent by agency
personnel in reviewing a requested record for possible disclosure, the
fee shall be $6.50.
* * * * *
6. The authority citation for subpart D of part 201 continues to
read as follows:
Authority: 5 U.S.C. 552a.
7. Subpart D of part 201 is revised to read as follows:
Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C. 552a
Sec.
201.22 Purpose and scope.
201.23 Definitions.
201.24 Procedures for requests pertaining to individual records in
a records system.
201.25 Times, places, and requirements for identification of
individuals making requests.
201.26 Disclosure of requested information to individuals.
201.27 Special procedures: Medical records.
201.28 Requests for correction or amendment of records.
201.29 Commission disclosure of individual records, accounting of
record disclosures, and requests for accounting of record
disclosures.
201.30 Commission review of requests for access to records, for
correction or amendment to records, and for accounting of record
disclosures.
201.31 Fees.
201.32 Specific exemptions.
201.33 Employee conduct.
Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C.
552a
Sec. 201.22 Purpose and scope.
This subpart contains the rules that the Commission follows under
the Privacy Act of 1974, 5 U.S.C. 552a. The rules in this subpart apply
to all records in systems of records maintained by the Commission that
are retrieved by an individual's name or other personal identifier.
They describe the procedures by which individuals may request access to
records about themselves, request amendment or correction of those
records, and request an accounting of disclosures of those records by
the Commission.
[[Page 29349]]
Sec. 201.23 Definitions.
For the purpose of these regulations:
(a) The term individual means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term maintain includes maintain, collect, use, or
disseminate;
(c) The term record means any item, collection, or grouping of
information about an individual that is maintained by the Commission,
including, but not limited to, his or her education, financial
transactions, medical history, and criminal or employment history and
that contains his or her name, or the identifying number, symbol, or
other identifying particular assigned to the individual;
(d) The term system of records means a group of any records under
the control of the Commission from which information is retrieved by
the name of the individual or by some identifying particular assigned
to the individual;
(e) The term Privacy Act Officer refers to the Director, Office of
Administration, United States International Trade Commission, 500 E
Street SW., Washington, DC 20436, or his or her designee.
Sec. 201.24 Procedures for requests pertaining to individual records
in a records system.
(a) A request by an individual to gain access to his or her
record(s) or to any information pertaining to him or her which is
contained in a system of records maintained by the Commission shall be
addressed to the Privacy Act Officer, United States International Trade
Commission, 500 E Street SW., Washington, DC 20436, and shall indicate
clearly both on the envelope and in the letter that it is a Privacy Act
request.
(b) In order to facilitate location of requested records, whenever
possible, the request of the individual shall name the system(s) of
records maintained by the Commission which he or she believes contain
records pertaining to him or her, shall reasonably describe the
requested records, and identify the time period in which the records
were compiled.
(c) The Privacy Act Officer shall acknowledge receipt of a request
within ten days (excluding Saturdays, Sundays, and legal public
holidays), and wherever practicable, indicate whether or not access can
be granted. If access is not to be granted, the requestor shall be
notified of the reason in writing.
(d) The Privacy Act Officer, 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 Privacy Act Officer 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 this part 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).
Sec. 201.25 Times, places, and requirements for identification of
individuals making requests.
(a) If an individual wishes to examine his or her records in
person, it shall be the responsibility of the individual requester to
arrange an appointment with the Privacy Act Officer for the purpose of
inspecting individual records. The time of inspection shall be during
the regular office hours of the Commission, 8:45 a.m. to 5:15 p.m.,
Monday through Friday. The time arranged should be mutually convenient
to the requester and to the Commission.
(b) The place where an individual may gain access to records
maintained by the Commission which pertain to him or her shall be at
the United States International Trade Commission Building, 500 E Street
SW., Washington, DC 20436. The Privacy Act Officer shall inform the
individual requester of the specific room wherein inspection will take
place.
(c) An individual may also request the Privacy Act Officer to
provide the individual with a copy of his or her records by certified
mail.
(d) An individual who requests to gain access to those records
maintained by the Commission which pertain to him or her shall not be
granted access to those records without first presenting adequate
identification to the Privacy Act Officer. Adequate identification may
include, but is not limited to, a government identification card, a
driver's license, Medicare card, a birth certificate, or a passport. If
requesting records by mail, an individual must provide full name,
current address, and date and place of birth. The request must be
signed and either notarized or submitted under 28 U.S.C. 1746, which
permits statements to be made under penalty of perjury as a substitute
for notarization. In order to help the identification and location of
requested records, a requestor may also, at his or her option, include
the individual's social security number.
Sec. 201.26 Disclosure of requested information to individuals.
(a) Once the Privacy Act Officer has made a determination to grant
a request for access to individual records, in whole or in part, the
Privacy Act Officer shall inform the requesting individual in writing
and permit the individual to review the pertinent records and to have a
copy made of all or any portion of them. Where redactions due to
exemptions pursuant to Sec. 201.32 would render such records or
portions thereof incomprehensible, the Privacy Act Officer shall
furnish an abstract in addition to an actual copy.
(b) An individual has the right to have a person of his or her own
choosing accompany him or her to review his or her records. The Privacy
Act Officer shall permit a person of the individual requester's
choosing to accompany the individual during inspection.
(c) When the individual requests the Privacy Act Officer to permit
a person of the individual's choosing to accompany him or her during
the inspection of his or her records, the Privacy Act Officer shall
require the individual requester to furnish a written statement
authorizing discussion of the records in the accompanying person's
presence.
(d) The Privacy Act Officer shall take all necessary steps to
insure that individual privacy is protected while the individual
requester is inspecting his or her records or while those records are
being discussed. Only the Privacy Act Officer shall accompany the
individual as representative of the Commission during the inspection of
the individual's records. The Privacy Act Officer shall be authorized
to discuss the pertinent records with the individual.
Sec. 201.27 Special procedures: Medical records.
(a) While an individual has an unqualified right of access to the
records in systems of records maintained by the Commission which
pertain to him or her, medical and psychological records merit special
treatment because of the possibility that disclosure will have an
adverse physical or psychological effect upon the requesting
individual. Accordingly, in those instances where an individual is
requesting the medical and/or psychological records which pertain to
him or her, he or she shall, in his or her Privacy Act request to the
Privacy Act Officer as called for in Sec. 201.24(a) of this part,
specify a
[[Page 29350]]
physician to whom the medical and/or psychological records may be
released.
(b) It shall be the responsibility of the individual requesting
medical or psychological records to specify a physician to whom the
requested records may be released. If an individual refuses to name a
physician and insists on inspecting his or her medical or psychological
records in the absence of a doctor's discussion and advice, the
individual shall so state in his or her Privacy Act request to the
Privacy Act Officer as called for in Sec. 201.24(a) of this part and
the Privacy Act Officer shall provide access to or transmit such
records directly to the individual.
Sec. 201.28 Requests for correction or amendment of records.
(a) If, upon viewing his or her records, an individual disagrees
with a portion thereof or feels sections thereof to be erroneous, the
individual may request amendment[s] of the records pertaining to him or
her. The individual should request such an amendment in writing and
should identify each particular record in question, the system[s] of
records wherein the records are located, specify the amendment
requested, and specify the reasons why the records are not correct,
relevant timely or complete. The individual may submit any
documentation that would be helpful. The request for amendment of
records shall be addressed to the Privacy Act Officer, 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 request for amendment of records.
(b) Not later than 10 days (excluding Saturdays, Sundays and legal
public holidays) after the date of receipt of a Privacy Act request for
amendment of records, the Privacy Act Officer shall acknowledge such
receipt in writing. Such a request for amendment will be granted or
denied by the Privacy Act Officer or, for records maintained by the
Inspector General. If the request is granted, the Privacy Act Officer,
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 Privacy Act
Officer 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 Privacy Act Officer 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. 201.30 of this part for the individual to request a review
of that refusal by the full Commission or by an officer designated by
the Commission.
Sec. 201.29 Commission disclosure of individual records, accounting of
record disclosures, and requests for accounting of record disclosures.
(a) It is the policy of the Commission not to disclose, except as
permitted under 5 U.S.C. 552a(b), any record which is contained in any
system of records maintained by the Commission to any person, or to
another agency, except pursuant to a written request by, or with the
prior written consent of, the individual to whom the record 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 Privacy Act Officer's judgment, as appropriate, 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. 552, the Privacy
Act Officer 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.
(c) The Privacy Act Officer shall retain the accounting required by
paragraph (b) of this section for at least five years or the life of
the record, whichever is longer, after such disclosure.
(d) Except for disclosures made to other agencies for civil or
criminal law enforcement purposes pursuant to 5 U.S.C. 552a(b)(7), the
Privacy Act Officer shall make any accounting made under paragraph (b)
of this section available to the individual named in the record at the
individual's request.
(e) An individual requesting an accounting of disclosure of his or
her records should make the request in writing to the Privacy Act
Officer, United States International Trade Commission, 500 E Street
SW., Washington, DC 20436. The request should identify each particular
record in question and, whenever possible, the system[s] of records
wherein the requested records are located, and clearly indicate both on
the envelope and in the letter that it is a Privacy Act request for an
accounting of disclosure of records.
(f) Where the Commission has provided any person or other agency
with an individual record and such accounting as required by paragraph
(b) of this section has been made, the Privacy Act Officer shall inform
all such persons or other agencies of any correction, amendment, or
notation of dispute concerning said record.
Sec. 201.30 Commission review of requests for access to records, for
correction or amendment to records, and for accounting of record
disclosures.
(a) The individual who disagrees with the refusal of the Privacy
Act Officer or the Inspector General for access to a record, to amend a
record, or to obtain an accounting of any record disclosure, may
request a review of such refusal by the Commission within 60 days of
receipt of the denial of his or her request. A request for review of
such a refusal 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 (excluding Saturdays, Sundays, and legal
public holidays) from the date on which the Commission receives a
request for review of the Privacy Act Officer's or the Inspector
General's refusal to grant access to a record, to amend a record, or to
provide an accounting of a record disclosure, 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 has been reviewed by the
Commission, if the Commission agrees with the Privacy Act Officer's or
the Inspector General's refusal to grant access to a record, to amend a
record, or to provide an accounting of a record disclosure, in
accordance with the individual's request, the Commission shall:
(1) Notify the individual in writing of the Commission's decision;
(2) For requests to amend or correct records, 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 grant the
individual's request; and
(3) Notify the individual of his or her legal right, if any, 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 regarding an amendment
of an
[[Page 29351]]
individual's record, the Privacy Act Officer, 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.
Sec. 201.31 Fees.
(a) The Commission shall not charge any fee for the cost of
searching for and reviewing an individual's records.
(b) Reproduction, duplication or copying of records by the
Commission shall be at the rate of $0.10 per page. There shall be no
charge, however, when the total amount does not exceed $25.00.
Sec. 201.32 Specific exemptions.
(a) Pursuant to 5 U.S.C. 552a(k)(2), and in order to protect the
effectiveness of Inspector General investigations by preventing
individuals who may be the subject of an investigation from obtaining
access to the records and thus obtaining the opportunity to conceal or
destroy evidence or to intimidate witnesses, records contained in the
system titled Office of Inspector General Investigative Files
(General), insofar as they include investigatory material compiled for
law enforcement purposes, shall be exempt from this subpart and from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of the
Privacy Act. However, if any individual is denied any right, privilege,
or benefit to which he is otherwise entitled to under Federal law due
to the maintenance of this material, such material shall be provided to
such individual except to the extent that the disclosure of such
material would reveal the identity of a source who furnished
information to government investigators under an express promise that
the identity of the source would be held in confidence.
(b) Pursuant to 5 U.S.C. 552a(j)(2), and in order to protect the
confidentiality and integrity of Inspector General investigations by
preventing individuals who may be the subject of an investigation from
obtaining access to the records and thus obtaining the opportunity to
conceal or destroy evidence or to intimidate witnesses, records
maintained in the Office of Inspector General Investigative Files
(Criminal), insofar as they contain information pertaining to the
enforcement of criminal laws, shall be exempt from this subpart and
from the Privacy Act, except that subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11) and (i) shall
still apply to these records.
(c) Pursuant to 5 U.S.C. 552a(k)(1), (5) and (6), records contained
in the system entitled ``Personnel Security Investigative Files'' have
been exempted from subsections (c)(3), (d), (e)(1), (e)(1)(G) through
(I) and (f) of the Privacy Act. Pursuant to section 552a(k)(1) of the
Privacy Act, the Commission exempts records that contain properly
classified information that pertains to national defense or foreign
policy and is obtained from other systems of records or another Federal
agency. Application of exemption (k)(1) may be necessary to preclude
the data subject's access to and amendment of such classified
information under 5 U.S.C. 552a(d). All information about individuals
in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5)
is also exempted because this system contains investigatory material
compiled solely for determining suitability, eligibility, and
qualifications for Federal civilian employment, Federal contracts or
access to classified information. To the extent that the disclosure of
such material would reveal the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence, or, prior to
September 27, 1975, under an implied promise that the identity of the
source would be held in confidence, the application of exemption (k)(5)
will be required to honor such a promise should an individual request
access to the accounting of disclosure, or access to or amendment of
the record, that would reveal the identity of a confidential source.
All information in these records that meets the criteria stated in 5
U.S.C. 552a(k)(6) is also exempt because portions of a case file record
may relate to testing and examining material used solely to determine
individual qualifications for appointment or promotion in the Federal
service. Access to or amendment of this information by the data subject
would compromise the objectivity and fairness of the testing or
examining process.
Sec. 201.33 Employee conduct.
The Privacy Act Officer shall establish rules of conduct for
persons involved in the design, development, operation, or maintenance
of any system of records, or in maintaining any record, and
periodically instruct each such person with respect to such rules and
the requirements of the Privacy Act including the penalties for
noncompliance.
PARTS 201 AND 205--[AMENDED]
8. In addition to the amendments set forth above, in 19 CFR parts
201 and 205 remove the words ``Special Representative for Trade
Negotiations'' and add, in their place, the words ``United States Trade
Representative'' in the following places:
a. Section 201.7(b); and
b. Section 205.3(a)(1), (a)(2), (b) and (d).
By order of the Commission.
Issued: May 22, 1998.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-14140 Filed 5-28-98; 8:45 am]
BILLING CODE 7020-02-P
