61252 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

Inapplicability of the Regulatory

Flexibility Act and Executive Order

12866

Pursuant to provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), it is certified that, if adopted,

the proposed amendment will not have

a significant economic impact on a

substantial number of small entities.

The proposed amendment provides for

the expeditious processing of certain

conveyances at designated locations

within a port of entry or at Customs

stations designed to best provide

inspection services for the identified

conveyances, and concerns issues of

public health and safety. Accordingly,

the proposed amendment is not subject

to the regulatory analysis or other

requirements of 5 U.S.C. 603 and 604.

This amendment does not meet the

criteria for a ‘‘significant regulatory

action’’ as specified in Executive Order

12866.

Drafting Information: The principal

author of this document was Gregory R.

Vilders, Office of Regulations and

Rulings, U.S. Customs Service.

However, personnel from other offices

participated in its development.

List of Subjects in 19 CFR Part 123

Administrative practice and

procedure, Canada, Common carriers,

Customs duties and inspection, Entry of

merchandise, Imports, International

boundaries (Land border), Mexico,

Reporting and recordkeeping

requirements.

Proposed Amendments to the

Regulations

For the reasons stated above, it is

proposed to amend Part 123 of the

Customs Regulations (19 CFR part 123),

as set forth below:

PART 123—CUSTOMS RELATIONS

WITH CANADA AND MEXICO

1. The authority citation for Part 123

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1431, 1433, 1624;

Section 123.1 also issued under 19 U.S.C.

1459;

* * * * *

2. In § 123.1, paragraph (b) is

amended by adding two new sentences

after the first sentence to read as

follows:

§ 123.1 Report of arrival from Canada or

Mexico and permission to proceed.

* * * * *

(b) Vehicles. * * * A port director, for

good cause such as reducing traffic

congestion or to protect public health

and safety, may require certain types of

vehicles or vehicles carrying certain

types of merchandise to enter only at

specified border crossing points within

the jurisdiction of the port director. The

port director shall communicate this

requirement to the public by means of

local instructions, as provided in

paragraph (d) of this section. * * *

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: September 24, 1997

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–30049 Filed 11–14–97; 8:45 am]

BILLING CODE 4820–20–P

INTERNATIONAL TRADE

COMMISSION

19 CFR Part 201

Revision of Public Notice, Freedom of

Information Act, and Privacy Act

Regulations, and Implementation of

Electronic Freedom of Information Act

Amendments of 1996

AGENCY: International Trade

Commission.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The United States

International Trade Commission

(Commission) proposes to amend 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), 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: Comments must be submitted on

or before Decemnber 17, 1997.

ADDRESSES: Written comments (original

and 14 copies) concerning these

proposed rule amendments may be

submitted to the Secretary, U.S.

International Trade Commission, 500 E.

Street, SW, Washington, DC 20436.

FOR FURTHER INFORMATION: For further

information contact the following

persons in the Commission’s Office of

General Counsel: For the proposed

Privacy Act and public notice rules

amendments, Paul R. Bardos, telephone

202–205–3102; and for the proposed

FOIA rules amendments, 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.

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.

Public Notices

Commission rule § 201.10, which

relates to public notices, currently

provides that the Commission, inter

alia, will publish a notice for every

properly filed document that it receives,

and that the Commission will furnish an

announcement regarding notices to the

Treasury Department for publication in

Treasury Decisions and to the

Department of Commerce for

publication in International Commerce.

The Commission seeks to bring the rule

into conformity with current agency

practice and eliminate both

requirements. Because the Commission

believes that it would be wasteful and

unnecessary to provide public notice for

every document filed, agency practice

has been to not issue such notices.

Nevertheless, the Commission will

retain the discretion to provide public

notification of properly filed documents

as appropriate. The Commission no

longer furnishes announcements of all

public notices to Treasury and

Commerce for further publication by

those agencies and the agencies have

not objected.

Freedom of Information Act

The Commission’s Freedom of

Information Act rules are set forth in

subpart C of part 201 (currently 19 CFR

201.17 through 201.21). The

Commission proposes to amend

§§ 201.17, 201.18, and 201.20 to provide

for expedited treatment of certain FOIA

requests (as required by the Electronic

Freedom of Information Act

Amendments of 1996 (Pub.L. 104–231)),

adjust its charges for search, review, and

computer time to reflect current agency

staff salary levels, and make certain

other changes to clarify and update the

rules.

More specifically, the Commission

proposes to reorganize and amend

§ 201.17 of its rules to provide, in new

paragraph (b), for expedited processing

of FOIA requests under certain

circumstances. The Commission also

proposes to amend paragraph (a) of

§ 201.17 to state that FOIA requests will

be processed in the order in which they
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61253

are filed, except when expedited

processing has been requested and

granted; and to advise the public that

requests for agency publications can be

made to the Publications Office within

the Commission’s Office of the Secretary

and do not need to be submitted under

FOIA. Finally, in new paragraph (c) the

Commission would advise the public

that it maintains a public reading room

in the Office of the Secretary, through

which the public can obtain access to

agency records that the FOIA requires

be made regularly available for public

inspection and copying, including

access in electronic form to agency

records created on or after November 1,

1996. The purpose of these changes is

to implement the requirements of

section 8 of the Electronic Freedom of

Information Act Amendments of 1996

and provide additional information on

how the public can access records and

how it can obtain certain agency

records, such as agency publications,

most expeditiously. These changes

parallel rules on expedited processing

recently promulgated by the U.S.

Department of Justice. See proposed

DOJ rules §§ 16.2 and 16.5, 62 FR 45185

(Aug. 26, 1997). Although these rules

amendments are not yet in effect, the

Commission is prepared currently to

entertain requests for expedited

treatment according to the procedures

set out in the proposed amendments.

The Commission proposes to amend

paragraph (b) of § 201.18 to provide that

appeals to the Commission of denials of

requests by the Secretary must be filed

within 60 days of the date of the letter

denying the request. This will give

finality to the request process. The

Commission would also delete the

reference in the current rule to the right

to file an appeal if a response to a FOIA

request is not forthcoming within 10

days of the filing of the request. The

Electronic FOIA Amendments have

changed the 10-day response

requirement to 20 days. A requester

would still have the right to file an

appeal if no response were forthcoming

after 20 days.

The Commission proposes to amend

paragraph (c) of § 201.18 for conformity

to state that persons filing an appeal of

a denial of a FOIA request may request

expedited processing of that appeal, and

that the request for expedited processing

should conform with the process set out

in § 201.17(b) of the rules.

Finally, the Commission proposes to

amend § 201.20 to adjust the fees for

search and review and computer time to

reflect current agency personnel costs.

The fees for searches will continue to

reflect the distinction between lower

grade clerical/professional and higher

grade professional/managerial staff

costs. They are based on January 1997

salary levels for GS–8, step 1, and GS

12, step 1, respectively, plus agencypaid benefits, as calculated by the

Commission’s Office of Finance and

Budget. The Commission estimates that

these are the average staff grades in each

of these two categories of personnel

likely to be doing such searches. The

fees for computer searches and review

are also based on salary level GS–12,

step 1, plus agency-paid benefits, which

the Commission estimates is the average

staff grade of personnel likely to be

doing such computer searches or

review. Other Commission fees will

remain the same: the Commission’s

copying charge will remain at 10 cents

per page, and no fee will be charged

unless the fee exceeds $25.00.

Privacy Act

The Commission’s Privacy Act rules

are set forth in subpart D of section 201

(currently 19 CFR 201.22 through

201.32). The proposed amendments to

the Commission’s Privacy Act rules are

in response to a comprehensive review

of the Commission’s Privacy Act

compliance conducted by the

Commission’s Office of Inspector

General and Office of General Counsel.

In general, the Commission proposes to

update and clarify its Privacy Act rules

and conform them to the Commission’s

new and revised systems of records. See

62 FR 23485 (April 30, 1997). Where

appropriate, the Commission has also

based several of the proposed

amendments on the recently published

proposed revisions to the Department of

Justice’s Privacy Act regulations. See 62

FR 45184 (Aug. 26, 1997).

For clarity, this notice sets forth the

Commission’s Privacy Act rules in their

entirety although revisions are not

proposed for every provision of the

rules. Throughout the proposed rules,

the Commission has changed all

references from the ‘‘Director of

Personnel’’ to ‘‘Privacy Act Officer’’

since the Director of Personnel is no

longer the designated Privacy Act

Officer. Where necessary, the

Commission has made revisions to

cross-references because new sections

have been added and certain paragraphs

have been deleted, and has made other

minor changes of a typographical or

stylistic nature.

The Commission proposes to amend

§ 201.22, governing the purpose and

scope of the regulations, by deleting the

current text of the rule and replacing it

with language that would clarify that

the Privacy Act rules apply only to

those records of individuals found in

systems of records governed by the

Privacy Act maintained by the

Commission that are retrieved by an

individual’s name or other personal

identifier. The Commission also

proposes to add a sentence to § 201.22

describing the scope of the rules, i.e.,

that the rules set forth procedures

governing access to individual records,

requests for amendment or correction of

records, and requests for accounting of

disclosures of records. These proposed

changes were modeled on the

Department of Justice’s proposed

changes to its Privacy Act regulations.

See DOJ proposed rule § 16.40(a), 62 FR

45192 (Aug. 26, 1997).

The only change the Commission

proposes for § 201.23, covering the

definitions of the subpart, is to indicate

that the Commission’s Privacy Act

Officer is now the Director of

Administration, rather than the Director

of Personnel.

Section 201.24 governs the

procedures an individual must follow to

request his or her records in a system of

records. Paragraph (b) of that section

currently requires an individual

requesting records to furnish the name

of the system(s) of records containing

the requested records or reasonably

describe the requested records. The

Commission proposes to amend

paragraph (b) to require that an

individual ‘‘whenever possible’’ furnish

the name of the system of records,

reasonably describe the requested

records, and also identify the time

period in which the records were

compiled. These revisions will enable

the Commission to locate the requested

records in the most efficient and

quickest manner possible and are also in

conformity with the Department of

Justice’s requirements for access to

records. See DOJ proposed rule

§ 16.41(b), 62 FR 45192 (Aug. 26, 1997).

The Commission proposes to clarify in

paragraph (c) of section 201.24 that any

denials of requests for access to records

will be made in writing, which also is

in accordance with the Department of

Justice’s proposed rules amendments.

See DOJ proposed rule § 16.43(b), 62 FR

45193 (Aug. 26, 1997).

Section 201.25 governs the times,

places, and requirements for

identification of individuals making

Privacy Act requests. As currently

drafted, § 201.25(d) states that the

Commission ‘‘may’’ provide for copies

of an individual’s records to be sent by

mail under certain circumstances. The

Commission proposes to revise that

paragraph to entitle an individual to

obtain access to his or her records by

certified mail without first having to

establish that the individual is unable to

appear in person, as the rule currently
61254 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

requires. That amendment would

appear in paragraph (c) rather than (d).

Proposed paragraph (d) contains the

requirements for verification of identity,

currently set forth in paragraph (c), and

adds identification requirements for

individuals requesting records by

certified mail. Such requirements are

consistent with the Department of

Justice’s proposed identification rules.

See proposed DOJ rule § 16.41(d), 62 FR

45192 (Aug. 26, 1997).

With respect to § 201.26, governing

disclosure of requested information to

individuals, the Commission proposes

to amend paragraph (a). The

Commission proposes to revise the first

sentence by explicitly requiring that the

Privacy Act Officer inform an individual

in writing that his or her request for

access to the individual’s records has

been granted once the Privacy Act

Officer has determined to grant a

request for records. This change

conforms more closely to the

Department of Justice’s proposed

Privacy Act revisions. See proposed DOJ

rule § 16.43(b), 62 FR 45193 (Aug. 26,

1997). The Commission proposes to

amend the second sentence by deleting

a cross-reference to paragraph (c) of

§ 201.32, since the Commission is

proposing to delete that paragraph, and

instead cross-reference to § 201.32

generally (governing exemptions to

disclosure requirements).

The only change the Commission

proposes to make in § 201.27, governing

procedures for access to an individual’s

medical records, is to change all

references from the Director of

Personnel to the Privacy Act Officer.

In § 201.28(a), governing requests for

correction or amendment of records, the

Commission proposes to add certain

requirements which have been modeled

on the Department of Justice’s proposed

Privacy Act rules amendments. See DOJ

proposed rule § 16.46(a), 62 FR 45194

(Aug. 26, 1997). If an individual

requests an amendment to his or her

records, the Commission proposes to

require that the request identify each

particular record in question and 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 Commission

also proposes to have individuals

submit any documentation that would

be helpful in determining whether the

requested amendment should be

granted.

The Commission proposes to move

current § 201.29, governing review by

the Commission of requests for

correction or amendment of records,

and renumber it as § 201.30. The

Commission proposes that current

§ 201.30, which governs disclosure of

records to persons other than the

individual to whom it pertains, would

become § 201.29. The Commission

proposes this reordering because it

proposes to expand the section

governing review by the Commission of

requests for amendment (currently

§ 201.29) to add provision for

Commission review of requests for

access to records and requests for

accounting of disclosure of records. It is

thus more logical to have the section

setting forth requests for an accounting

of disclosure, which will be covered in

proposed § 201.29, to precede the

section on review by the Commission.

In addition to renumbering the

section governing disclosure of records

as § 201.29, the Commission proposes to

make other amendments to that section.

First, the Commission proposes to

change the statutory reference in

paragraph (a) of proposed § 201.29 from

‘‘5 U.S.C. 552a(b)(1)–(b)(11)’’ to ‘‘5

U.S.C. 552a(b).’’ In 1982, the Privacy

Act was amended to add subsection

(b)(12) (authorizing agencies to disclose

bad-debt information to credit bureaus),

which is not reflected in the current

Commission rule. The Commission also

proposes to include in § 201.29 a new

paragraph setting forth procedures to be

followed if an individual requests an

accounting of disclosures made of his or

her records. The procedures would be in

conformity with those for other

Commission Privacy Act requests such

as requests for access to records and

amendment of records. The Commission

proposes to insert the provisions

governing request procedures at

paragraph (e) and redesignate current

paragraph (e) as paragraph (f). Finally,

the Commission proposes to rename the

section ‘‘Commission disclosure of

individual records, accounting of record

disclosures, and requests for accounting

of record disclosures’’ to reflect the

expanded scope of the rule.

Under the proposed revisions, current

§ 201.29—entitled ‘‘Commission review

of request for correction or amendment

to record’’—would become § 201.30.

The Commission proposes to expand

the scope of that rule to include

Commission review of denial of requests

for access to records and denial of

requests for an accounting of disclosure

of records. Currently, the Commission

rules contain no procedures for an

individual to appeal to the Commission

a denial by the Privacy Act Officer or

Inspector General of a request for access

or accountings of disclosure of records.

The same appeal process would apply

to all types of denials of requests under

the Privacy Act rule. In addition, the

Commission proposes to require an

individual to make such an appeal

within 60 days of receipt of the denial

of a request by the Privacy Act Officer

or Inspector General. These changes are

consistent with the proposed Privacy

Act rules amendments of the

Department of Justice. See DOJ

proposed rules §§ 16.45(a), 16.46(c), and

16.47(c), 62 FR 45194–45195 (Aug. 26,

1997). To reflect the expanded scope of

section 201.30, the Commission

proposes to change the name of the

section from ‘‘Commission review of

request for correction or amendment to

record’’ to ‘‘Commission review of

requests for access to records, for

correction or amendment of records, or

for an accounting of record disclosures.’’

In the rule governing fees for Privacy

Act requests, § 201.31, the Commission

will maintain its charge of $0.10 per

page for copying an individual’s Privacy

Act records, but change the provision to

require such fees only if the total cost

of copying exceeds $25 rather than

$0.50 as the rule currently provides.

This would harmonize the Privacy Act’s

fees with the fees charged under FOIA

procedures.

In addition, pursuant to 5 U.S.C.

552a(k), the Commission proposes to

amend § 201.32, governing exemptions

to certain Privacy Act requirements, by

adding one exemption and deleting

three exemptions currently set forth in

the rules. The Commission proposes to

delete three unnecessary general

exemptions covering classified records,

statistical records, and investigatory

material compiled for determining

suitability for employment, federal

contracts, and other purposes. These

exemptions are currently set forth at

paragraphs (a), (b), and (c), respectively.

Because these three exemptions are not

applied to specific systems of records,

as required by the Privacy Act, the

Commission is proposing to delete

them. The remaining two current

exemptions covering Inspector General

Investigative Files (General) and

Inspector General Investigative Files

(Criminal) will be retained and become

paragraphs (a) and (b) of § 201.32,

respectively. The Commission proposes

to add an exemption for the system of

records entitled ‘‘Personnel Security

Investigative Files Records’’ from

subsections (c)(3), (d), (e)(1), (e)(1)(G),

(H) and (I), and (f) of the Privacy Act.

For a complete description of the

Personnel Security Investigative Files

Records system, see 62 FR 23485–23496

(April 30, 1997). The Commission

proposes to set forth this new

exemption at paragraph (c), to protect

from disclosure classified and other

sensitive information.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61255

Finally, the Commission proposes to

add new § 201.33 entitled ‘‘Employee

conduct.’’ This proposed rule would

implement the requirement of the

Privacy Act, set forth at 5 U.S.C.

552a(e)(9), that agencies 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

instruct each such person with respect

to such rules and the requirements of

the Privacy Act.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 606(b)), the

Commission hereby certifies pursuant to

5 U.S.C. 605(b) that the proposed rules

amendments 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 proposed rules amendments do not

meet the criteria described in section

3(f) of Executive Order 12866 (58 FR

51735, Oct. 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 foreignbased enterprises in domestic or foreign

markets. Accordingly, no regulatory

impact assessment is required.

Unfunded Mandates Reform Act of

1995

The proposed rules amendments 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 (Public Law 104–4).

Small Business Regulatory Enforcement

Fairness Act of 1996

The proposed rules amendments are

not major rules as defined by section

804 of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121). The proposed amendments

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 foreignbased companies in domestic and

export markets.

Contract With America Advancement

Act of 1996

The proposed rules amendments are

exempt from the reporting requirements

of the Contract With America

Advancement Act of 1996 (Pub. 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 proposed rules amendments 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 Part 201

Administrative practice and

procedure, Freedom of information,

Privacy.

For the reasons set out in the

preamble, the Commission proposes to

amend 19 CFR part 201, subparts B, C,

and D as follows:

PART 201—RULES OF GENERAL

APPLICATION

1. It is proposed that the authority

citation for part 201 continue 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. It is proposed that § 201.10 be

revised to read as follows:

§ 201.10 Public notices.

As required or appropriate, formal

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 of notice, a copy of each

published notice will be posted at the

Office of the Secretary of the

Commission in Washington, DC, and, as

appropriate, copies will be sent to press

associations, to trade and similar

organizations of producers and

importers, and to others known to the

Commission to have an interest in the

subject matter.

3. It is proposed that § 201.17 be

revised to read as follows:

§ 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

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;
61256 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

(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. It is proposed that paragraphs (b)

and (c) of § 201.18 be revised to read as

follows:

§ 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 § 201.17(c) of this part.

5. It is proposed that paragraphs

(b)(1)(ii) and (iii) and (b)(3)(i) of § 201.20

be revised to read as follows:

§ 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. It is proposed that the authority

citation for subpart D of part 201 read

as follows:

Authority: 5 U.S.C. 552a.

7. It is proposed that subpart D of part

201 be 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

§ 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.

§ 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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61257

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.

§ 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 §§ 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).

§ 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.

§ 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 § 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.

§ 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

§ 201.24(a) of this part, specify a

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

§ 201.24(a) of this part and the Privacy

Act Officer shall provide access to or
61258 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

transmit such records directly to the

individual.

§ 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

§ 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.

§ 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.

§ 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

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.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules 61259

§ 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.

§ 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)-(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.

§ 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.

Issued: November 7, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–29865 Filed 11–14–97; 8:45 am]

BILLING CODE 7020–02–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7235]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) proposes to make

determinations of base flood elevations

and modified base flood elevations for

each community listed below, in

accordance with section 110 of the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities. These

proposed elevations are used to meet

the floodplain management