Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules 26851

heading of this document can be used

to cross reference this action with the

Unified Agenda.

List of Subjects in 14 CFR Part 221

Agents, Air carriers, Foreign air

carriers, Tariffs.

This rule is being issued under

authority delegated in 49 CFR

1.56(j)(2)(ii). For the reasons set forth in

the preamble, 14 CFR Part 221 would be

amended to read as follows:

PARTS 221—TARIFFS

Subpart W—Electronically Filed Tariffs

1. The authority citation for part 221

would continue to read as follows:

Authority: 49 USC 40101, 40109, 40113,

46101, 46102, Chapter 411, Chapter 413,

Chapter 415, and Subchapter I of Chapter

417, unless otherwise noted.

2. Section 221.251 Applicability of

the subpart is amended by revising

Paragraph (a) to read as follows:

§ 221.251 Applicability of subpart.

(a) Any carrier, consistent with the

provisions of this subpart, and this part

221 generally, may file its international

passenger fares tariffs and international

passenger rules tariffs electronically in

machine-readable form as an alternative

to the filing of printed paper tariffs as

provided for elsewhere in this part 221.

This subpart applies to all carriers and

tariff publishing agents and may be used

by either if the carrier or agent complies

with the provisions of this subpart W.

Any carrier or agent that files

electronically under this subpart must

transmit to the Department the

remainder of the tariff in a form

consistent with this part 221, subparts

A–V on the same day that the electronic

tariff would be deemed received under

§ 221.270(b).

* * * * *

3. Paragraph (b)(7) of § 221.260,

Requirements for filing, is revised to

read as follows:

§ 221.260 Requirements for filing.

* * * * *

(b) * * *

(7) The filer shall maintain all fares

and rules with the Department and all

Departmental approvals, disapprovals

and other actions, as well as all

Departmental notations concerning such

approvals, disapprovals or other actions,

in the on-line tariff database for a period

of two (2) years after the fare or rule

becomes inactive. After this period of

time, the carrier or agent shall provide

the Department, free of charge, with a

copy of the inactive data on a machinereadable tape or other mutually

acceptable electronic medium.

* * * * *

4. Paragraph (b)(8) of § 221.283, The

filing of tariffs and amendments to

tariffs, is amended by revising the

introductory text, and by adding a new

paragraph (b)(9) to read as follows:

§ 221.283 The filing of tariffs and

amendments to tariffs.

* * * * *

(b)* * *

(8) Fares tariff, or proposed changes to

the fares tariffs, including:

* * * * *

(9) Rules tariff, or proposed changes

to the rules tariffs, including:

(i) Title: General description of fare

rule type(s) and geographic area(s)

under the rule;

(ii) Application: Specific description

of fare class(es), geographic area(s), type

of transportation (one way, round- trip,

etc.);

(iii) Period of Validity: Specific

description of permissible travel dates

and any restrictions on when travel is

not permitted;

(iv) Reservations/ticketing: Specific

description of reservation and ticketing

provisions, including any advance

reservation/ ticketing requirements,

provisions for payment (including

prepaid tickets), and charges for any

changes;

(v) Capacity Control: Specific

description of any limitation on the

number of passengers, available seats, or

tickets;

(vi) Combinations: Specific

description of permitted/restricted fare

combinations;

(vii) Length of Stay: Specific

description of minimum/maximum

number of days before the passenger

may/must begin return travel;

(viii) Stopovers: Specific description

of permissible conditions, restrictions,

or charges on stopovers;

(ix) Routing: Specific description of

routing provisions, including transfer

provisions, whether on-line or interline;

(x) Discounts: Specific description of

any limitations, special conditions, and

discounts on status fares, e.g. children

or infants, senior citizens, tour

conductors, or travel agents, and any

other discounts;

(xi) Cancellation and Refunds:

Specific description of any special

conditions, charges, or credits due for

cancellation or changes to reservations,

or for request for refund of purchased

tickets;

(xii) Group Requirements: Specific

description of group size, travel

conditions, group eligibility, and

documentation;

(xiii) Tour Requirements: Specific

description of tour requirements,

including minimum price, and any stay

or accommodation provisions;

(xiv) Sales Restrictions: Specific

description of any restrictions on the

sale of tickets;

(xv) Rerouting: Specific description of

rerouting provisions, whether on-line or

inter-line, including any applicable

charges; and

(xvi) Miscellaneous provisions: Any

other applicable conditions.

5. Paragraph (c) of § 221.283 is

amended by redesignating existing

paragraphs (c) (8) through (15) as

paragraphs (c) (9) through (16),

respectively, and by adding a new

paragraph (c) (8) to read as follows:

§ 221.283 The filing of tariffs and

amendments to tariffs.

* * * * *

(c) * * *

(8) Rule text;

* * * * *

Issued in Washington DC, on May 15,

1995.

Patrick V. Murphy

Acting Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 95–12372 Filed 5–18–95; 8:45 am]

BILLING CODE 4910–62–P

INTERNATIONAL TRADE

COMMISSION

19 CFR Part 201

Rules of General Application

AGENCY: U.S. International Trade

Commission.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Commission is proposing

to amend Part 201 of the Commission’s

Rules of Practice and Procedure (the

‘‘Commission’s Rules’’) to clarify those

sections of the Commission’s Rules

dealing with the Freedom of

Information Act (FOIA) and Privacy Act

Officers’ initial denial authority. This

proposed amendment will also reflect

the Inspector General’s authority, under

both the Inspector General Act of 1978,

as amended, (the ‘‘IG Act’’) and under

Section 552a(b) of the Privacy Act to

disclose Privacy Act information to

contractor personnel who function as

federal employees.

DATES: Comments on the proposed rules

will be considered if received on or

before June 19, 1995.

ADDRESSES: A signed original and 14

copies of each set of comments, along
26852 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules

with a cover letter addressed to Donna

R. Koehnke, Secretary, should be sent to

the U.S. International Trade

Commission, Room 112, 500 E Street

SW, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT:

Hilaire R. Henthorne, Esq., Counsel to

the Inspector General, Office of

Inspector General, U.S. International

Trade Commission, telephone 202–205–

2210. Hearing impaired persons are

advised that information on the matter

can be obtained by contacting the

Commission’s TDD terminal on 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. This amendment will bring the

Commission’s Rules into conformity

with Section 6 of the IG Act (5 U.S.C.

app. 3) and with Section 552a(b) of the

Privacy Act of 1974, as amended (5

U.S.C. 552a(b)).

Section 6 of the IG Act authorizes

Inspectors General to ‘‘enter into

contracts and other arrangements for

audits, studies, analyses, and other

services with * * * private persons

* * *.’’ See 5 U.S.C. app. 3. When

contractor personnel are employed to

perform the authorized functions of an

Office of Inspector General, and are, in

the judgment of the Inspector General,

performing such functions, they serve in

the capacity of government employees.

See generally Coakley v. United States

Dep’t of Transportation, No. 93–1420,

slip op. at 3 (D.D.C. Apr. 7, 1994); and

Hulett v. Dep’t of the Navy, No. TH 85–

310–C, slip op. at 3–4 (S.D. Ind. Oct. 26,

1987); aff’d 866 F.2d 432 (7th Cir. 1988)

(table cite), cert. denied, 490 U.S. 1068

(1989). Section 552a(b) of the Privacy

Act stipulates that Privacy Act

disclosures are permissible when made

to ‘‘employees of the agency * * * who

have a need for the record in the

performance of their duties * * *.’’ See

5 U.S.C. § 552a(b).

Section 552a(c) of the Privacy Act

specifically exempts disclosure to

government employees from the Privacy

Act’s recordkeeping requirement. Thus,

this amendment to the Commission’s

Rules clarifies the three categories of

disclosure that are exempt, under the

Privacy Act, from the recordkeeping

provisions: (1) Disclosures made to

officers and employees of the

Commission who have a need for the

information in the performance of their

duties; (2) disclosures made to

contractor personnel, pursuant to the IG

Act or any other law, when such

personnel are performing the functions

of government employees; and (3) other

contractor personnel who, in the

judgment of the Director of Personnel,

are acting as Commission employees.

Commission rules ordinarily are

promulgated in accordance with the

rulemaking provisions of section 553 of

the Administrative Procedure Act (5

U.S.C. 551 et seq.) (APA). Under the

APA, rulemaking entails the following

steps: (1) publication of a notice of

proposed rulemaking; (2) solicitation of

public comment on the proposed rules;

(3) Commission review of such

comments prior to developing final

rules; and (4) publication of the final

rules thirty days prior to their effective

date. See 5 U.S.C. 553. This notice of

proposed rulemaking is the first step in

that procedure.

The Commission has determined that

this proposed amendment does not meet

the criteria described in section 3f of

Executive Order (EO) 12866 (58 FR

51735, Oct. 4, 1993) and does not

constitute a ‘‘significant regulatory

action’’ for purposes of the EO. In

accordance with the Regulatory

Flexibility Act (5 U.S.C. § 601 note), the

Commission hereby certifies pursuant to

5 U.S.C. § 605(b) that the proposed

amendment set forth in this notice is not

likely to have a significant economic

impact on a substantial number of small

business entities. This conclusion is

premised on the fact that the proposed

amendment merely conforms to existing

IG Act and Privacy Act provisions.

Thus, it is not expected to have any

significant economic impact.

Proposed Changes to 19 CFR Part 201

1. Section 201.2(b)–(j) is revised to

include a definition of the term

‘‘Inspector General’’ and redesignate

existing definitions as follows:

§ 201.2 Definitions.

(b) Inspector General means the

Inspector General of the Commission;

(c) Tariff Act means the Tariff Act of

1930, 19 U.S.C. 1202–1677j;

(d) Trade Expansion Act means the

Trade Expansion Act of 1962, 19 U.S.C.

1801–1991;

(e) Trade Act means the Trade Act of

1974, 19 U.S.C. 2101–2487;

(f) Trade Agreements Act means the

Trade Agreements Act of 1979, Public

Law 96–39, 93 Stat. 144;

(g) Rule means a section of the

Commission Rules of Practice and

Procedure (19 CFR chapter II);

(h) Secretary means the Secretary of

the Commission;

(i) Except for adjudicative

investigations under subchapter C of

this chapter, party means any person

who has filed a complaint or petition on

the basis of which an investigation has

been instituted, or any person whose

entry of appearance has been accepted

pursuant to § 201.11 (a) or (c). Mere

participation in an investigation without

an accepted entry appearance does not

confer party status.

(j) Person means an individual,

partnership, corporation, association, or

public or private organization.

2. Paragraph (a) of § 201.18 is revised

to read as follows:

§ 201.18 Denial of requests, appeals from

denial.

(a) Written requests for inspection or

copying of records shall be denied only

by the Secretary or Acting Secretary, or,

for records maintained by the Office of

Inspector General, the Inspector

General. Denials of written requests

shall be in writing, shall specify the

reason therefor, and shall advise the

person requesting of the right to appeal

to the Commission. Oral requests may

be dealt with orally, but if the requester

is dissatisfied he shall be asked to put

the request in writing.

3. Paragraph (d) of § 201.24 is revised

to read as follows:

§ 201.24 Procedures for requests

pertaining to individual records in a records

system.

(d) The Director of Personnel, 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 Director of

Personnel 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 these regulations 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).

4. Paragraph (b) of § 201.28 is revised

to read as follows:

§ 201.28 Request for correction or

amendment of record.

(b) Not later than 10 days (Saturdays,

Sundays and Federal legal public

holidays excluded) after the date of

receipt of a Privacy Act request for

amendment of records, the Director of

Personnel shall acknowledge such

receipt in writing. Such a request for
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules 26853

amendment will be granted or denied by

the Director of Personnel or, for records

maintained by the Inspector General,

the Inspector General. If the request is

granted, the Director of Personnel, 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

Director of Personnel 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 Director of Personnel 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

§ 201.29 of these regulations for the

individual to request a review of that

refusal by the full Commission or by an

officer designated by the Commission.

5. Paragraphs (a) through (d) of

§ 201.29 are revised to read as follows:

§ 201.29 Commission review of request for

correction or amendment to record.

(a) The individual who disagrees with

the refusal of the Director of Personnel

or the Inspector General to amend the

record may request a review of the

refusal by the Commission. All requests

for review of refusals to amend records

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 (Saturdays,

Sundays, and Federal legal public

holidays excluded) from the date on

which the Commission receives a

request for review of the Director of

Personnel’s or the Inspector General’s

refusal to amend the record, 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 to

amend his or her records has been

reviewed by the Commission, if the

Commission agrees with the Director of

Personnel’s or the Inspector General’s

refusal to amend the record in

accordance with the individual’s

request, the Commission shall: (1)

Notify the individual in writing of the

Commission’s decision; (2) 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 amend the records; and

(3) notify the individual of his or her

legal right 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,

the Director of Personnel, 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.

6. Paragraph (b) of § 201.30 is revised

to read as follows:

§ 201.30 Commission disclosure of record

to person other than the individual to whom

it 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 Director of Personnel’s

judgment, 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 Director of Personnel

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.

Issued: May 15, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–12360 Filed 5–18–95; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 146

[Docket No. 94N–0452]

RIN 0905–AC48

Canned Fruit Nectars; Proposal to

Revoke the Stayed Standard of

Identity; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule, correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

proposed rule that appeared in the

Federal Register of April 21, 1995 (60

FR 19866). The document proposed to

revoke the standard of identity for

canned fruit nectars. The document was

published with an inadvertent error in

the preamble section. This document

corrects that error.

FOR FURTHER INFORMATION CONTACT:

Nannie H. Rainey, Center for Food

Safety and Applied Nutrition (HFS–

158), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–205–5099.

In FR Doc. 95–9949, appearing on

page 19866 in the Federal Register of

Friday, April 21, 1995, the following

correction is made:

1. On page 19867, in the third

column, under ‘‘IV. Request for

Comments’’, line 2, ‘‘June 20’’ is

corrected to read ‘‘July 5’’.

Dated: May 10, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95–12294 Filed 5–18–95; 8:45 am]

BILLING CODE 4160–01–F

21 CFR Part 201

[Docket No. 92N–0311]

Topical Drug Products Containing

Benzoyl Peroxide; Required Labeling;

Extension of Comment Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The Food and Drug

Administration (FDA) is extending to

July 17, 1995, the comment period for

the proposed rule to include additional

labeling (warning and directions) for all

topically-applied acne treatment drug

products containing benzoyl peroxide,

which appeared in the Federal Register

of February 17, 1995 (60 FR 9554). FDA

is taking this action in response to a

request to extend the comment period.

DATES: Written comments by July 17,

1995.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, rm. 1–23, 12420

Parklawn Dr., Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

William E. Gilbertson, Center for Drug

Evaluation and Research (HFD–810),

Food and Drug Administration, 5600

Fishers Lane, Rockville, MD 20857,

301–594–5000.