82 FR 44982 - Rules of General Application

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 186 (September 27, 2017)

The United States International Trade Commission (``Commission'') proposes to amend provisions of its Rules of Practice and Procedure concerning the Privacy Act. The purpose of the proposed amendment is to delete certain exemptions that pertain only to systems of records that the Commission is removing and to add exemptions that pertain to a new system of records.

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Proposed Rules]
[Pages 44982-44984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20615]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 201


Rules of General Application

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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

[[Page 44983]]


DATES: To be assured of consideration, written comments must be 
received by 5:15 p.m. on November 27, 2017.

ADDRESSES: You may submit comments, identified by docket number MISC-
043, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Agency Web site: https://edis.usitc.gov. Follow the instructions 
for submitting comments on the Web site.
    Mail: For paper submission. U.S. International Trade Commission, 
500 E Street SW., Room 112A, Washington, DC 20436.
    Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street SW., Room 112A, Washington, DC 20436. During the hours of 8:45 
a.m. to 5:15 p.m.
    Instructions: All submissions received must include the agency name 
and docket number (MISC-043), along with a cover letter stating the 
nature of the commenter's interest in the proposed rulemaking. Persons 
filing comments must file the original document electronically on 
https://edis.usitc.gov; any personal information provided will be 
viewable by the public. For paper copies, a signed original and 8 
copies of each set of comments should be submitted to Lisa R. Barton, 
Secretary, U.S. International Trade Commission, 500 E Street SW., Room 
112A, Washington, DC 20436.
    Docket: For access to the docket to read background documents or 
comments received, go to https://edis.usitc.gov and/or the U.S. 
International Trade Commission, 500 E Street SW., Room 112A, 
Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000, or Clara Kuehn, Office of the General Counsel, 
telephone (202) 205-3012, United States International Trade Commission. 
Hearing-impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal at 
(202) 205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server at https://www.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to amend provisions of the Commission's 
existing Rules of Practice and Procedure concerning the Privacy Act. 
The Commission invites the public to comment on these proposed rules 
amendments.
    Consistent with its ordinary practice, the Commission is issuing 
these proposed amendments in accordance with the notice-and-comment 
rulemaking procedure in section 553 of the Administrative Procedure Act 
(APA) (5 U.S.C. 553). That procedure entails the following steps: (1) 
Publication of a notice of proposed rulemaking; (2) solicitation of 
public comments on the proposed amendments; (3) Commission review of 
public comments on the proposed amendments; and (4) publication of 
final amendments at least thirty days prior to their effective date.
    The Commission proposed to revise 19 CFR 201.32, which governs 
exemptions to certain Privacy Act requirements. Pursuant to 5 U.S.C. 
552a(k), the Commission proposes to delete two exemptions currently set 
forth in paragraphs 201.32(a) and (b). These two exemptions pertain 
only to Inspector General Investigative Files (General) and Inspector 
General Investigative Files (Criminal). These exemptions will be 
deleted because the Office of Inspector General is removing these two 
Privacy Act systems of records. The Commission proposes to redesignate 
paragraph 201.32(c) as 201.32(a) and correct a typographical error in 
that paragraph. Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), the 
Commission proposes to add exemptions for a new Privacy Act system of 
records, Freedom of Information Act and Privacy Act Records. The 
Commission proposes to promulgate this new exemption at paragraph (b) 
to protect from disclosure classified and other sensitive information.

Regulatory Analysis of Proposed Amendments to the Commission's Rules

    The Commission certifies that the proposed amendments to the 
Commission's rules will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because it does not create an economic 
impact and does not affect small entities. The proposed amendments are 
concerned only with the administration of Privacy Act systems of 
records within the Commission.
    The proposed amendments to the Commission's rules do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).
    No actions are necessary under title II of the Unfunded Mandates 
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because the 
proposed amendments to the Commission's rules will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more in any one year, and 
will not significantly or uniquely affect small governments.
    The Commission has determined that the proposed amendments to the 
Commission's rules do not constitute a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866 (58 FR 51735, 
October 4, 1993).
    The proposed amendments to the Commission's rules do not have 
Federalism implications warranting the preparation of a federalism 
summary impact statement under Executive Order 13132 (64 FR 43255, 
August 4, 1999).
    The proposed amendments to the Commission's rules are not ``major 
rules'' as defined by section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 801 et. seq.).

List of Subjects in 19 CFR Part 201

    Administrative practice and procedure.

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

PART 201--RULES OF GENERAL APPLICATION

0
1. The authority citation for part 201 continues to read as follows:

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

0
2. In Sec.  201.32, remove paragraphs (a) and (b); redesignate 
paragraph (c) as paragraph (a); revise the first sentence of 
redesignated paragraph (a); and add paragraph (b) to read as follows:


Sec.  201.32  Specific exemptions.

    (a) Pursuant to 5 U.S.C. 552a(k)(1), (5) and (6), records contained 
in the system entitled ``Personnel Security Investigative Files'' have 
been exempted from subsections (c)(3), (d), (e)(1), (e)(4)(G) through 
(I) and (f) of the Privacy Act. * * *
    (b) Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), records contained 
in the system entitled ``Freedom of Information Act and Privacy Act 
Records'' have been exempted from subsections c(3), (d), (e)(1), 
(e)(4)(G) through (I) and (f) of the Privacy Act. Pursuant to section 
552a(k)(1) of the Privacy Act, the

[[Page 44984]]

Commission exempts records that contain properly classified information 
pertaining to national defense or foreign policy. Application of 
exemption (k)(1) may be necessary to preclude individuals' access to or 
amendment of such classified information under the Privacy Act. 
Pursuant to section 552a(k)(2) of the Privacy Act, and in order to 
protect the effectiveness of Inspector General investigations by 
preventing individuals who may be the subject of an investigation from 
obtaining access to the records and thus obtaining the opportunity to 
conceal or destroy evidence or to intimidate witnesses, the Commission 
exempts records insofar as they include investigatory material compiled 
for law enforcement purposes. However, if any individual is denied any 
right, privilege, or benefit to which he is otherwise entitled under 
Federal law due to the maintenance of this material, such material 
shall be provided to such individual except to the extent that the 
disclosure of such material would reveal the identity of a source who 
furnished information to the Government under an express promise that 
the identity of the source would be held in confidence.

    By order of the Commission.

     Issued: September 21, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20615 Filed 9-26-17; 8:45 am]
 BILLING CODE 7020-02-P