[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60864-60865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27671]



19 CFR Part 201

Rules of General Application

AGENCY: International Trade Commission.

ACTION: Final rule.


SUMMARY: The United States International Trade Commission 
(``Commission'') amends provisions of its Rules of Practice and 
Procedure concerning the Privacy Act. The amendment is designed to 
delete certain exemptions that pertain only to systems of records that 
the Commission has removed and to add exemptions that pertain to a new 
system of records.

DATES: This final rule is effective January 25, 2018.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000, or Clara Kuehn, Office of the General Counsel, 
telephone (202) 205-3012, United States International Trade Commission. 
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 at https://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, rules, and regulations as it deems necessary to carry out 
its functions and duties. This rulemaking amends provisions of the 
Commission's existing Rules of Practice and Procedure that concern the 
Privacy Act.
    On September 27, 2017, the Commission published a Notice of 
Proposed Rulemaking (NPRM) in the Federal Register. 82 FR 44982, 
September 27, 2017. In the NPRM, the Commission proposed to revise 19 
CFR 201.32, which governs exemptions to certain Privacy Act 
requirements. Pursuant to 5 U.S.C. 552a(k), the Commission proposed to 
delete two exemptions that pertain only to Privacy Act systems of 
records that were being removed, add exemptions for a new Privacy Act 
system of records, and correct a typographical error.
    In the NPRM, the Commission requested public comment on the 
proposed revisions to its rules, but no comments were received. The 
Commission found no reason to change the proposed rules before adopting 
them as final rules, which are republished below. A more detailed 
analysis of the

[[Page 60865]]

rules can be found at 82 FR 44982 (September 27, 2017).

Regulatory Analysis of Amendments to the Commission's Rules

    The Commission certifies that these amendments to the Commission's 
rules will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) because it does not create an economic impact and does not 
affect small entities. The amendments are concerned only with the 
administration of Privacy Act systems of records within the Commission.
    The amendments to the Commission's rules do not contain any 
information collection requirements subject to the provisions of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    No actions are necessary under title II of the Unfunded Mandates 
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because the 
amendments to the Commission's 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 (adjusted 
annually for inflation), and will not significantly or uniquely affect 
small governments.
    The Commission has determined that these rules do not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, October 4, 1993) and thus do not constitute a ``significant 
regulatory action'' for purposes of the Executive Order.
    The amendments to the Commission's rules do not have Federalism 
implications warranting the preparation of a federalism summary impact 
statement under Executive Order 13132 (64 FR 43255, August 10, 1999).
    The amendments to the Commission's rules are not ``major rules'' as 
defined by section 251 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 801 et seq.).

List of Subjects in 19 CFR Part 201

    Administrative practice and procedure.

    For the reasons stated in the preamble, under the authority of 19 
U.S.C. 1335, the United States International Trade Commission amends 19 
CFR part 201 as follows:


1. The authority citation for part 201 continues to read as follows:

    Authority:  19 U.S.C. 1335; 19 U.S.C. 2482, unless otherwise 

2. In Sec.  201.32, remove paragraphs (a) and (b); redesignate 
paragraph (c) as paragraph (a); revise the first sentence of newly 
redesignated paragraph (a); and add paragraph (b) to read as follows:

Sec.  201.32   Specific exemptions.

    (a) 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)(4)(G) through 
(I) and (f) of the Privacy Act. * * *
    (b) Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), records contained 
in the system entitled ``Freedom of Information Act and Privacy Act 
Records'' have been exempted from subsections (c)(3), (d), (e)(1), 
(e)(4)(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 pertaining to national defense 
or foreign policy. Application of exemption (k)(1) may be necessary to 
preclude individuals' access to or amendment of such classified 
information under the Privacy Act. Pursuant to section 552a(k)(2) of 
the Privacy Act, 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, the Commission exempts records insofar as they 
include investigatory material compiled for law enforcement purposes. 
However, if any individual is denied any right, privilege, or benefit 
to which he is otherwise entitled 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 the 
Government under an express promise that the identity of the source 
would be held in confidence.

    By order of the Commission.

    Issued: December 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27671 Filed 12-22-17; 8:45 am]