[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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