[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37335-37337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17816]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 201
Rules of General Application
AGENCY: U.S. International Trade Commission.
ACTION: Final rule.
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SUMMARY: The Commission hereby amends its rules for Part 201 of the
Commission's Rules of Practice and Procedure (the ``Commission's
Rules''). The amended rules clarify those sections of the Commission's
Rules dealing with the Freedom of Information Act (FOIA) and Privacy
Act Officers' initial denial authority. The amended rules 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.
EFFECTIVE DATE: In accordance with the 30-day advance publication
requirement imposed by 5 U.S.C. Sec. 553(d), the effective date of this
rulemaking is August 21, 1995.
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: In 60 FR 26851, dated May 19, 1995, the
Commission published a notice containing proposed amendments to Part
201 of the Commission's Rules. No comments were received concerning the
proposed amendments. Thus, the substantive text of the final rule is
identical to that of the proposed rule.
Statutory Authority
Section 335 of the Tariff Act of 1930 (19 U.S.C. Sec. 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.
Sec. 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.
Regulatory Analysis
Commission rules ordinarily are promulgated in accordance with the
rulemaking provisions of section 553 of the Administrative Procedure
Act (5 U.S.C. Sec. 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. Sec. 553. This final rule is the last step
in that procedure.
The amendments to the Commission's Rules adopted in this notice do
not meet the criteria described in section 3f of Executive Order (EO)
12866 (58 FR 51735, Oct. 4, 1993) and do 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 final rule
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 this final rule merely conforms
to existing IG Act and Privacy Act provisions. Thus, it is not expected
to have any significant economic impact.
List of Subjects in 19 CFR Part 201
Administrative practice and procedure, Freedom of information, and
Privacy.
For the reasons set out in the preamble, the U.S. International
Trade Commission hereby amends 19 CFR part 201 as follows:
PART 201--RULES OF GENERAL APPLICATION
Subpart A--Miscellaneous
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
[[Page 37336]]
of 1974 (19 U.S.C. 2482), unless otherwise noted.
2. Section 201.2 is amended by redesignating paragraphs (b) through
(i) as paragraphs (c) through (j) and by adding a new paragraph (b) as
follows:
Sec. 201.2 Definitions.
* * * * *
(b) Inspector General means the Inspector General of the
Commission;
* * * * *
Subpart C--Availability of Information to the Public Pursuant to 5
U.S.C. 552
3. The authority citation for Subpart C continues to read as
follows:
Authority: 19 U.S.C. 1335, 5 U.S.C. 552.
4. 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.
* * * * *
Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C.
552a
5. The authority citation for Subpart D continues to read as
follows:
Authority: 5 U.S.C. 552a.
6. 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 this chapter 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).
7. 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 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
this chapter for the individual to request a review of that refusal by
the full Commission or by an officer designated by the Commission.
8. Section 201.29 is 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.
9. 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. 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.
* * * * *
By Order of the Commission:
[[Page 37337]]
Issued: July 13, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-17816 Filed 7-19-95; 8:45 am]
BILLING CODE 7020-02-P
