Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices 12825

17 17 CFR 200.30–3(a)(12).

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.17

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–4843 Filed 2–27–01; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

Privacy Act System of Records Notice

AGENCY: Small Business Administration.

ACTION: Notice of new system of records.

SUMMARY: The Small Business

Administration is adding a new system

of records to the Agency’s Privacy Act

System of Records. The new system is

called ‘‘Cost Allocation Data System’’

(CADS). The purpose of CADS is to

collect uniform information on

employee time and Agency costs for the

Office of the Chief Financial Officer. It

collects the percentage (%) of time that

each SBA employee spent on

administering the various SBA programs

and activities via a web-based survey.

Later, the survey result is matched

against the Agency payroll file based on

the employee’s Social Security Number,

first and last name. Data collected is to

be used to develop accurate cost data for

Agency’s various programs and

activities. It supports the Agency’s

budget, financial reporting and the

Government Performance & Results Act

(GPRA) requirements. Generally,

designated Program Managers in

Headquarters and the District Directors

will have access to individual survey

results for quality assurance purpose.

They will also have access to loan

program data for management analysis.

DATES: The new system will be effective

without further notice, unless comments

are received that result in a need for

modification.

ADDRESSES: Address comments to

Joseph Lodo, Chief Financial Officer,

Office of the Chief Financial Officer,

Small Business Administration, 409 3rd

Street, SW., Suite 6000, Washington, DC

20416.

FOR FURTHER INFORMATION CONTACT:

Joseph Lodo, Chief Financial Officer,

Office of the Chief Financial Officer,

(202) 205–6449.

SBA 175

SYSTEM NAME:

Cost Allocation Data System (CADS),

U.S. Small Business Administration

(SBA).

SYSTEM LOCATION:

Office of the Chief Financial Officer,

SBA Headquarters.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

All SBA employees.

CATEGORIES OF RECORDS IN THE SYSTEM:

Individual information on all SBA

employees, i.e., name, social security

number, office code, employee’s pay

data, employee’s survey result on the

percentage (%) of time spent on

administration of the various SBA

programs and activities. Also, the

Agency-wide costs, i.e., rent, postage,

telecommunications, centralized

printing, centralized training,

employees’ relocation costs, credit

report costs, performance management

appraisal system (PMAS) awards,

contractors costs, Agency loan count

and SBA employment full time

equivalent (FTE) count.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 3101 (Records Management

by Federal Agencies), Pub. L. 101–576

(CFO Act) and Pub. L. 103–62 (Results

Act).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

These records may be used, disclosed,

or referred:

(a) To the Agency cost contractor for

use in the Agency’s cost accounting

activity.

(b) To a Congressional office from an

individual’s record when the office is

inquiring on the individual’s behalf.

The Member’s access rights are no

greater than the individual’s.

(c) To the Federal, state, local or

foreign agency or organization which

investigates, prosecutes, or enforces

violations, statues, rules, regulations, or

orders issued when an Agency identifies

a violation or potential violation of law,

arising by general or program statute, or

by regulation, rule, or order.

(d) To Agency volunteers and interns

for use in their official duties.

(e) To the Department of Justice (DOJ)

when:

(1) The agency, or any component

thereof; or

(2) Any employee of the Agency in his

or her official capacity: or

(3) Any employee of the Agency in his

or her official capacity where the DOJ

has agreed to represent the employee; or

(4) The United States Government,

where the Agency determines that

litigation is likely to affect the Agency

or any of its components, is a party to

litigation or has an interest in such

litigation, and the use of such records by

the DOJ is deemed by the Agency to be

relevant and necessary to the litigation,

provided, however, that in each case,

the Agency determines that disclosure

of the records to the DOJ is a use of the

information contained in the records

that is compatible with the purpose for

which the records were collected.

(f) To disclose them in a proceeding

before a court or adjudicative body

before which the Agency is authorized

to appear, when:

(1) The Agency, or any component

thereof; or

(2) Any employee of the Agency in his

or her official capacity; or

(3) Any employee of the Agency in his

or her individual capacity where the

Agency has agreed to represent the

employee; or

(4) The United States Government,

where the Agency determines that

litigation is likely to affect the Agency,

or any of its components, is a party to

litigation or has an interest in such

litigation, and the Agency determines

that use of such records is relevant and

necessary to the litigation, provided,

however, that in each case, the Agency

determines that disclosure of the

records to a court or other adjudicative

body is a use of the information

contained in the records that is a use of

the information contained in the records

that is compatible with the purpose for

which the records were collected.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS:

STORAGE:

The electronic form is maintained in

a database which is behind the Agency’s

firewall.

RETRIEVABILITY:

The employee’s Social Security

Number, and first and last name retrieve

survey result.

SAFEGUARDS:

Access and use of the CADS are

accomplished via the use of a restricted

password. Access and use are limited to

Project Lead and Group members and

only those other Agency employees

whose official duties require such

access.

RETENTION AND DISPOSAL:

In accordance with SBA SOP 00 41 2,

Item #65:06, these records are retained

a minimum of 3 years and generally

destroyed 3 years after last update.

SYSTEM MANAGER(S) AND ADDRESS:

Chief Financial Officer, Office of the

Chief Financial Officer, Small Business

Administration, 409 3rd Street, SW.,

Suite 6000, Washington, DC 20416.

12826 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices

NOTIFICATION PROCEDURE:

An individual may submit a record

inquiry either in person or in writing to

the System Manager or Privacy Act

Officer. Individuals inquiring about this

system must follow the SBA Privacy Act

Regulations at 13 CFR 102 Subpart B.

RECORDS ACCESS PROCEDURES:

Systems Manager or Privacy Act

Officer will determine procedures.

Individuals inquiring about this system

must follow the SBA Privacy Act

Regulations at 13 CFR 102 Subpart B.

CONTESTING RECORD PROCEDURES:

Notify the official listed about and

state reason(s) for contesting and the

proposed amendment sought, as

indicated in 13 CFR 102 Subpart B.

RECORD SOURCE CATEGORIES:

SBA employees to whom the records

belong.

Dated: February 22, 2001.

Christopher Holleman,

Acting Senior Privacy Act Official.

[FR Doc. 01–4904 Filed 2–27–01; 8:45 am]

BILLING CODE 8025–01–P

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Identification of Priority Foreign

Country Practices and Foreign

Countries Engaging in Discriminatory

Procurement Practices; Request for

Public Comment

AGENCY: Office of the United States

Trade Representative.

ACTION: Request for written submissions

from the public.

SUMMARY: Executive Order 13116 of

March 31, 1999 requires the United

States Trade Representative (‘‘USTR’’),

by April 30, 2001, to conduct a review

of U.S. trade expansion priorities and to

identify priority foreign country

practices, the elimination of which is

likely to have the most significant

potential to increase United States

exports. This Executive Order also

requires the USTR to identify foreign

countries engaging in discriminatory

government procurement practices.

Pursuant to this Executive Order, the

USTR must submit to the congressional

committees of jurisdiction a report on

priority foreign country practices (the

‘‘Super 301’’ report) and a report on

countries engaging in discriminatory

government procurement practices (the

‘‘Title VII’’ report) and publish these

reports in the Federal Register. USTR is

requesting written submissions from the

public concerning practices that should

be considered by the USTR for these

purposes.

DATES: Submissions must be received by

12:00 noon on March 26, 2001.

ADDRESSES: Office of the U.S. Trade

Representative, 600 17th Street, NW,

Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT:

Questions concerning the filing of

submissions should be directed to Sybia

Harrison, Staff Assistant to Section 301

Committee, (202) 395–3432; legal

questions regarding Executive Order

13116 and Super 301 should be

addressed to Demetrios Marantis,

Associate General Counsel, (202) 395–

3150; and legal questions regarding Title

VII should be addressed to Me ́lida

Hodgson, Associate General Counsel,

(202) 395–3582.

SUPPLEMENTARY INFORMATION: Pursuant

to Part I of Executive Order 13116 of

March 31, 1999 (64 F.R. 1633), the

USTR is required, no later than April

30, to review United States trade

expansion priorities and identify

priority foreign country practices, the

elimination of which is likely to have

the most significant potential to increase

United States exports, either directly or

through the establishment of a

beneficial precedent. Part II of Executive

Order 13116 requires the USTR, no later

than April 30, to review and identify

other countries’ compliance with the

Agreement on Government Procurement

(‘‘GPA’’) and other government

procurement agreement obligations, or

otherwise maintain, in government

procurement, a significant and

persistent practice of discrimination

against U.S. products or services which

results in identifiable harm to United

States businesses and whose products or

services are acquired in significant

amounts by the United States

Government.

The USTR must submit to the

congressional committees of jurisdiction

a report on the priority foreign country

practices identified under Part I of the

Executive Order (the ‘‘Super 301’’

report). The USTR also may describe in

this report foreign country practices that

may warrant identification in the future

or that were not identified because they

are being addressed by provisions under

U.S. trade law, existing bilateral trade

agreements, or in trade negotiations, and

progress is being made toward their

elimination. The USTR must also

submit to the congressional committees

of jurisdiction a report on countries

engaging in discriminatory government

procurement practices, identified under

Part II of the Executive Order (the ‘‘Title

VII’’ report) and publish the reports in

the Federal Register.

Executive Order 13116 also requires

the USTR to initiate investigations

under section 302(b)(1) of the Trade Act

of 1974 as amended (19 U.S.C. 2412

(b)(1)), no later than 90 days after

submission of the reports, with respect

to any of the identified practices that

have not been satisfactorily resolved in

the interim.

Requirements for Submissions

The USTR invites submissions

concerning priority foreign country

practices that should be considered for

identification in the Super 301 report in

accordance with the criteria established

under Executive Order 13116. The

USTR also invites submissions

concerning countries engaging in

discriminatory government procurement

practices that should be considered for

identification in the Title VII report in

accordance with the criteria established

under Executive Order 13116. If the

practice is also the subject of comments

submitted in connection with the 2001

National Trade Estimate Report on

Foreign Trade Barriers (‘‘2001 NTE

Report’’), the present submission should

identify the related comments in the

NTE public docket and include any

additional pertinent information,

including information explaining why

the practice rises to the level of a

‘‘priority foreign country practice’’

within the meaning of Executive Order

13116. If the practice was not the

subject of comments submitted in

connection with the 2001 NTE Report,

the submission should: (1) Include

information on the nature and

significance of the practice; (2) identify

the United States product, service,

intellectual property right, or foreign

direct investment matter which is

affected by the practice; and (3) provide

any other information considered

relevant. Such information may include

information on the relevant trade and

government procurement agreements to

which a foreign country is a party, its

compliance with those agreements, and

any other information related to the

factors set forth in Parts I and II of

Executive Order 13116 for identification

of priority foreign country practices and

countries that engage in discriminatory

government procurement practices.

Interested persons must provide

twenty copies of any submission, in

English, to Sybia Harrison, Staff

Assistant to Section 301 Committee,

Office of the United States Trade

Representative, by noon on March 26,

2001. Because submissions will be

placed in a public file, open to public

inspection at USTR, businessconfidential information should not be

submitted. Inspection is only by