[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