29346 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations

‘‘U.S. bank,’’ which also will remain subject to the

June 16, 1998 compliance date. See rule 17f–5(a)(4)

and (7) [17 CFR 270.17f–5(a)(4) and (7)]. Retaining

the original compliance date for this definition will

enable funds to rely upon a provision of the 1997

Amendments that appears not to have presented

difficulties, and avoid the necessity of seeking

exemptive relief from the Commission to permit the

use of a custodian that would qualify as an eligible

foreign custodian under the amended definition.

8The extension of the compliance date is

effective upon publication of this release in the

Federal Register because the extension ‘‘grants or

recognizes an exemption or relieves a restriction.’’

5 U.S.C. 553(d)(1).

9A fund may not seek to comply with the rule

by meeting certain requirements of the old rule and

certain requirements of the amended rule (other

than the amended definition of eligible foreign

custodian).

10See section 553(b)(3)(B) of the Administrative

Procedure Act [5 U.S.C. 553(b)(3)(B)] (an agency

may dispense with prior notice and comment when

it finds, for good cause, that notice and comment

are ‘‘impracticable, unnecessary, or contrary to the

public interest’’).

11See supra note .

12The extension generally preserves the status

quo that has existed since the adoption of the 1997

Amendments. Funds have been permitted to

comply with either the old rule or the amended rule

since June 16, 1997, the effective date of the 1997

Amendments. Retaining the original compliance

date for the amended definition of eligible foreign

custodian will allow funds to rely on a provision

of the amended rule that appears not to have

presented difficulties.

The extension of the compliance date

for the other amendments will give the

Commission time to review the proposal

to be submitted by representatives of

funds and banks, and to evaluate

whether refinements to the 1997

Amendments are needed.8

Until February 1, 1999, a fund may

maintain its foreign custody

arrangements under either of two

regulatory frameworks. First, the fund

may continue to comply with rule 17f–

5 as it existed prior to the 1997

Amendments (‘‘old rule 17f–5’’).

Because the compliance date for the

amended definition of eligible foreign

custodian will remain June 16, 1998, a

fund may comply with old rule 17f–5

while also selecting a custodian that is

an eligible foreign custodian under the

amended definition. Second, in the

alternative, a fund may comply entirely

with rule 17f–5 as amended by the 1997

Amendments (the ‘‘amended rule’’).

The fund may apply either of these

alternative frameworks separately to

each foreign custodian it uses. The

fund’s arrangement with a particular

foreign custodian or subcustodian,

however, should comply in its entirety

either with old rule 17f–5 (subject to the

amended definition of eligible foreign

custodian), or with the amended rule.9

The Commission for good cause finds

that, based on the reasons cited above,

notice and solicitation of comment

regarding the extension of the

compliance date for certain of the 1997

Amendments is impracticable,

unnecessary, and contrary to the public

interest.10 The Commission notes that

the original compliance date is

imminent, that many funds reportedly

are not in a position to comply with the

1997 Amendments, that funds need

prompt guidance concerning the

regulatory requirements that will apply

to their foreign custody arrangements,

and that a limited extension will aid

funds, bank custodians, and the

Commission in considering whether

additional amendments are necessary.

Fund representatives have stated that,

without a suspension of the compliance

date, some funds may withdraw assets

from foreign custodians, which could

increase costs for investors or otherwise

harm investors.11 The Commission also

notes that the 1997 Amendments were

themselves submitted for public notice

and comment, and that any

amendments that may be considered in

the future will be submitted for notice

and comment.12

In analyzing the costs and benefits of

this action, the Commission believes

that the extension of the compliance

date for certain of the 1997

Amendments will not impose costs on

funds, but will enable funds to avoid the

costs of attempting to comply with

provisions of the rule that they assert

may be unworkable for some funds. The

Commission believes that the extension

will produce potential benefits for funds

by allowing funds the option to comply

with the amended rule or the old rule,

and by permitting funds and bank

custodians to present a proposal to

refine the 1997 Amendments.

Dated: May 21, 1998.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 98–14187 Filed 5–28–98; 8:45 am]

BILLING CODE 8010–01–P

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
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations 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 foreignbased 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 foreignbased 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:

§ 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:

§ 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
29348 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations

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 § 201.18

are 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. Paragraphs (b)(1) (ii) and (iii) and

(b)(3)(i) of § 201.20 are 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. 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

§ 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.
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations 29349

§ 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.

§ 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).

§ 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
29350 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations

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

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
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations 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.

§ 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) 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.

§ 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

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs;

Milbemycin Oxime Tablet

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of a supplemental new animal

drug application (NADA) filed by

Novartis Animal Health US, Inc. The

supplemental NADA provides for

expanding the indications to include

separate dosage and labeling for use of

milbemycin oxime in cats.

EFFECTIVE DATE: May 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Melanie R. Berson, Center for Veterinary

Medicine (HFV–110), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1612.

SUPPLEMENTARY INFORMATION: Novartis

Animal Health US, Inc., P.O. Box 26402,

Greensboro, NC 27404–6402, filed

supplemental NADA 140–915 that

provides for oral administration of

Interceptor Flavor Tabs (milbemycin

oxime) tablets to cats 6 weeks of age or

greater and 1.5 pounds of body weight

or greater. The product is currently

approved for the prevention of

heartworm disease in both dogs and

puppies 4 weeks of age or greater. The

supplemental NADA provides for

expanding the indications to include

separate dosage and labeling for use of