[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Proposed Rules]
[Pages 49120-49121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23431]


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

POSTAL RATE COMMISSION

39 CFR Part 3003

[Docket No. RM99-4]


Privacy Act; Implementation

AGENCY: Postal Rate Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Commission proposes revisions to its rules of practice 
implementing the Privacy Act of 1974. The changes will conform the 
rules to prevailing law. Editorial changes will improve clarity.

DATES: Comments must be received on or before September 27, 1999.

ADDRESSES: Send comments regarding this document to the attention of 
Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H Street 
NW., Washington, DC 20268-0001.

FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel, Postal Rate Commission, 1333 H 
Street NW., Washington, DC 20268-0001, 202-789-6824.

SUPPLEMENTARY INFORMATION: The Commission proposes revisions in its 
rules implementing the Privacy Act, contained in 39 CFR part 3003, to 
clarify their application and to shorten and simplify their language. 
The Commission's rules implementing the Privacy Act have been amended 
only in minor respects since their original adoption shortly after the 
passage of the Act in 1974. While the current rules have operated 
adequately, it is apparent on review that they are capable of both 
substantive and editorial improvement. Accordingly, the Commission 
proposes a redrafted set of rules to replace those currently contained 
in part 3003.
    The substantive changes incorporated in the proposed rules are 
intended to conform them more closely to prevailing standards of 
Privacy Act administration without altering the rights of individuals 
or the obligations of the Commission under the Act. The proposed 
revision would eliminate the special procedure for access to medical 
records contained in current Sec. 3003.6, under which access to such 
records is contingent on the judgment of the Commission's chief 
administrative officer, in favor of the general access provision in 
proposed Sec. 3003.4. Proposed Sec. 3003.2 would eliminate unnecessary 
definitions, cross-reference others to the text of the Privacy Act, and 
reword other definitions slightly for the sake of clarity. Also for 
clarification, proposed Sec. 3003.1 would add a statement indicating 
that the Commission's Privacy Act rules are not intended either to 
broaden or narrow the scope of an individual's rights afforded by the 
Act.
    While the proposed rules would alter the substance of the current 
rules pertaining to requests for individual records and appeals of 
denials only in minor ways, they would appreciably shorten and simplify 
those provisions. Language that does not relate directly to the 
exercise of rights by individuals under the Privacy Act, and thus is 
unnecessary, would be omitted from the revised rules. Additionally, the 
language of the current rules generally would be simplified and 
shortened without affecting individuals' exercise of their rights or 
the Commission's performance of its obligations under the Privacy Act.
    Commission Order No. 1256 was distributed to the service list in 
Docket No. B97-1. It invited comments on the proposed revisions no 
later than August 23, 1999.Those not aware of the deadline should 
contact the Secretary of the Commission for information regarding 
submission of comments.

    Dated: September 2, 1999.
Margaret P. Crenshaw,
Secretary.

List of Subjects in 39 CFR Part 3003

    Administrative practice and procedure; Archives and records; 
Privacy; Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, 39 CFR part 3003 is 
proposed to be revised to read as follows:

PART 3003--PRIVACY ACT RULES

Sec.
3003.1  Purpose and scope.
3003.2  Definitions.
3003.3  Procedures for requesting inspection, copying, or 
correction.
3003.4  Response to a request.
3003.5  Appeals of denials of access or amendment.
3003.6  Fees.
3003.7  Exemptions.

    Authority: Privacy Act of 1974 (Pub.L. 93-579), 5 U.S.C. 552a.


Sec. 3003.1  Purpose and scope.

    This part implements the Privacy Act of 1974 (5 U.S.C. 552a) by 
establishing Commission policies and procedures that permit individuals 
to obtain access to and request amendment of information about 
themselves that is maintained in systems of records. This part does not 
expand or restrict any rights granted under the Privacy Act of 1974.


Sec. 3003.2  Definitions.

    For purposes of this part:

[[Page 49121]]

    (a) Commission means the Postal Rate Commission.
    (b) Individual, record, and system of records have the meanings 
specified in 5 U.S.C. 552a(a).
    (c) Day means a calendar day and does not include Saturdays, 
Sundays, and legal holidays.


Sec. 3003.3  Procedures for requesting inspection, copying, or 
correction.

    (a) An individual who--
    (1) Wishes to know whether a Commission system of records contains 
a record about him or her,
    (2) Seeks access to a Commission record about him or her that is 
maintained in a system of records (including the accounting of 
disclosures), or
    (3) Seeks to amend a record about him or her that is maintained in 
a system of records, may file a written request with the chief 
administrative officer of the Commission at the Commission's current 
address (1333 H Street NW., Suite 300, Washington, DC 20268-0001). The 
request should state on the outside of the envelope and in the request 
that it is a Privacy Act request.
    (b) A request for amendment must describe the information sought to 
be amended and the specific reasons for the amendment.
    (c) A requester--
    (1) May request an appointment to inspect records at the 
Commission's offices between the hours of 8 a.m. and 4:30 p.m. on any 
day;
    (2) Must present suitable identification, such as a driver's 
license, employee identification card, or Medicare card;
    (3) If accompanied by another individual, must sign a statement, if 
requested by the chief administrative officer, authorizing discussion 
of his or her record in the presence of that individual;
    (4) Who files a request by mail must include his or her date of 
birth, dates of employment at the Commission (if applicable), and 
suitable proof of identity, such as a facsimile of a driver's license, 
employee identification card, or Medicare card; and
    (5) Must, if requested by the chief administrative officer, provide 
additional proof of identification.


Sec. 3003.4  Response to a request.

    (a) In the case of a request for notice of the existence of a 
record, the chief administrative officer shall respond within 10 days 
of receipt of a request and shall inform the individual whether a 
system of records maintained by the Commission contains such a record.
    (b) In the case of a request for access to a record or for a copy 
of a record, the chief administrative office shall acknowledge the 
request within 10 days and shall promptly thereafter--
    (1) Fulfill the request by mail or arrange for an inspection by the 
requester in the Commission's offices; or
    (2) If the request is denied, notify the requester of the denial, 
the reasons for the denial, the procedures for appealing the refusal, 
and the name and address of the Chairman of the Commission who will 
consider an appeal.
    (c) In the case of a request for amendment, the chief 
administrative officer shall
    (1) Acknowledge the request in writing within 10 days;
    (2) Promptly review the record; and
    (3)(i) Make any requested amendment of a record found to be not 
accurate, relevant, timely, or complete; notify the requester of the 
change and provide a copy of the corrected record; and notify any 
previous recipient of the record (excluding Commission staff who 
obtained the record in the performance of their duties and recipients 
under the Freedom of Information Act) of any change; or
    (ii) Inform the requester of a refusal to amend the record, the 
reasons for the refusal, the procedures for appealing the refusal, and 
the name and address of the Chairman of the Commission who will 
consider an appeal.


Sec. 3003.5  Appeals of denials of access or amendment.

    (a) If a request for access to or amendment of a record is denied, 
the requester may file a written appeal with the Chairman of the 
Commission. The Chairman will decide each appeal within 30 days of 
receipt unless the Chairman has, for good cause, extended the period 
for another 30 days.
    (b) If an appeal is denied, the requester will be notified of the 
decision, the reasons for the denial, the right to file a concise 
statement of disagreement, the procedures for filing a statement of 
disagreement, the subsequent uses of a statement of disagreement, and 
of the right to seek judicial review in accordance with subsection (g) 
of the Privacy Act.


Sec. 3003.6  Fees.

    The first copy of any record furnished under the Privacy Act of 
1974 will be provided without charge. Additional copies will be charged 
at the cost of reproduction.


Sec. 3003.7  Exemptions.

    The Postal Rate Commission has not established any exempt system of 
records.

[FR Doc. 99-23431 Filed 9-9-99; 8:45 am]
BILLING CODE 7710-FW-P