82 FR 60864 - Rules of General Application

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range		60864-60865
FR Document		2017-27671

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

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60864-60865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27671]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 201


Rules of General Application

AGENCY: International Trade Commission.

ACTION: Final rule.

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

DATES: This final rule is effective January 25, 2018.

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: 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 amends provisions of the 
Commission's existing Rules of Practice and Procedure that concern the 
Privacy Act.
    On September 27, 2017, the Commission published a Notice of 
Proposed Rulemaking (NPRM) in the Federal Register. 82 FR 44982, 
September 27, 2017. In the NPRM, 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 proposed to 
delete two exemptions that pertain only to Privacy Act systems of 
records that were being removed, add exemptions for a new Privacy Act 
system of records, and correct a typographical error.
    In the NPRM, the Commission requested public comment on the 
proposed revisions to its rules, but no comments were received. The 
Commission found no reason to change the proposed rules before adopting 
them as final rules, which are republished below. A more detailed 
analysis of the

[[Page 60865]]

rules can be found at 82 FR 44982 (September 27, 2017).

Regulatory Analysis of Amendments to the Commission's Rules

    The Commission certifies that these 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 amendments are concerned only with the 
administration of Privacy Act systems of records within the Commission.
    The amendments to the Commission's rules do not contain any 
information collection requirements subject to 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 
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 (adjusted 
annually for inflation), and will not significantly or uniquely affect 
small governments.
    The Commission has determined that these rules do not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, October 4, 1993) and thus do not constitute a ``significant 
regulatory action'' for purposes of the Executive Order.
    The 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 10, 1999).
    The 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 amends 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 newly 
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 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: December 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27671 Filed 12-22-17; 8:45 am]
 BILLING CODE 7020-02-P

60864 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

South St Paul, MN, South St Paul Muni- Philadelphia, PA, Philadelphia Intl, RNAV INTERNATIONAL TRADE
Richard E Fleming Fld, RNAV (GPS) RWY (RNP) Z RWY 9L, Orig-D COMMISSION
34, Amdt 2 Philadelphia, PA, Philadelphia Intl, RNAV
Billings, MT, Billings Logan Intl, ILS OR LOC (RNP) Z RWY 9R, Orig-D 19 CFR Part 201
RWY 28R, Amdt 3 Pittsburgh, PA, Allegheny County, ILS OR
Billings, MT, Billings Logan Intl, ILS Y OR Rules of General Application
LOC RWY 10, Amdt 7
LOC Y RWY 10L, Amdt 26
Billings, MT, Billings Logan Intl, NDB RWY Sumter, SC, Sumter, ILS OR LOC RWY 23,
AGENCY: International Trade
10L, Amdt 19A, CANCELED Amdt 1
Commission.
Billings, MT, Billings Logan Intl, RNAV Sumter, SC, Sumter, RNAV (GPS) RWY 23,
Amdt 1 ACTION: Final rule.
(GPS) RWY 7, Amdt 2
Billings, MT, Billings Logan Intl, RNAV Sumter, SC, Sumter, RNAV (GPS) Z RWY 23, SUMMARY: The United States
(GPS) RWY 10L, Amdt 4 Amdt 1, CANCELED International Trade Commission
Billings, MT, Billings Logan Intl, RNAV College Station, TX, Easterwood Field, ILS
(GPS) RWY 25, Amdt 2 (‘‘Commission’’) amends provisions of
OR LOC RWY 34, Amdt 14 its Rules of Practice and Procedure
Billings, MT, Billings Logan Intl, RNAV College Station, TX, Easterwood Field, LOC
(GPS) Y RWY 28R, Amdt 4 concerning the Privacy Act. The
BC RWY 16, Amdt 8 amendment is designed to delete certain
Billings, MT, Billings Logan Intl, RNAV
(RNP) Z RWY 28R, Amdt 1 College Station, TX, Easterwood Field, RNAV
exemptions that pertain only to systems
Billings, MT, Billings Logan Intl, Takeoff (GPS) RWY 10, Amdt 1C
of records that the Commission has
Minimums and Obstacle DP, Amdt 7A College Station, TX, Easterwood Field, RNAV
removed and to add exemptions that
Twin Bridges, MT, Twin Bridges, BRIDGES (GPS) RWY 16, Amdt 1B
pertain to a new system of records.
ONE, Graphic DP College Station, TX, Easterwood Field, RNAV
Twin Bridges, MT, Twin Bridges, DILLON (GPS) RWY 28, Amdt 1A DATES: This final rule is effective
ONE, Graphic DP College Station, TX, Easterwood Field, RNAV January 25, 2018.
Twin Bridges, MT, Twin Bridges, RNAV (GPS) RWY 34, Amdt 1B FOR FURTHER INFORMATION CONTACT: Lisa
(GPS) RWY 17, Orig College Station, TX, Easterwood Field, R. Barton, Secretary, telephone (202)
Twin Bridges, MT, Twin Bridges, RNAV 205–2000, or Clara Kuehn, Office of the
Takeoff Minimums and Obstacle DP, Amdt
(GPS) RWY 35, Orig General Counsel, telephone (202) 205–
4
Twin Bridges, MT, Twin Bridges, Takeoff
College Station, TX, Easterwood Field, VOR 3012, United States International Trade
Minimums and Obstacle DP, Orig
Bismarck, ND, Bismarck Muni, ILS OR LOC RWY 28, Amdt 14 Commission. Hearing-impaired
RWY 31, Amdt 34 College Station, TX, Easterwood Field, VOR individuals are advised that information
Columbus, OH, John Glenn Columbus Intl, OR TACAN RWY 10, Amdt 19D on this matter can be obtained by
RNAV (GPS) Y RWY 28L, Amdt 3D Laredo, TX, Laredo Intl, ILS OR LOC RWY contacting the Commission’s TDD
Columbus, OH, John Glenn Columbus Intl, 18R, Amdt 12 terminal at (202) 205–1810. General
RNAV (RNP) Z RWY 28L, Amdt 1C Laredo, TX, Laredo Intl, LOC BC RWY 36L, information concerning the Commission
Eugene, OR, Mahlon Sweet Field, RNAV Amdt 3 may also be obtained by accessing its
(GPS) Y RWY 16R, Amdt 2A Laredo, TX, Laredo Intl, RNAV (GPS) RWY internet server at https://www.usitc.gov.
Eugene, OR, Mahlon Sweet Field, RNAV 14, Amdt 1
(GPS) Y RWY 34R, Amdt 3A SUPPLEMENTARY INFORMATION: Section
Laredo, TX, Laredo Intl, RNAV (GPS) RWY 335 of the Tariff Act of 1930 (19 U.S.C.
Eugene, OR, Mahlon Sweet Field, RNAV
(RNP) Z RWY 16R, Amdt 1A 18L, Amdt 1 1335) authorizes the Commission to
The Dalles, OR, Columbia Gorge Rgnl/The Laredo, TX, Laredo Intl, RNAV (GPS) RWY adopt such reasonable procedures,
Dalles Muni, RNAV (GPS)-A, Amdt 1A 18R, Amdt 2 rules, and regulations as it deems
Philadelphia, PA, Philadelphia Intl, ILS OR Laredo, TX, Laredo Intl, RNAV (GPS) RWY necessary to carry out its functions and
LOC RWY 9L, Amdt 4D 32, Amdt 2 duties. This rulemaking amends
Philadelphia, PA, Philadelphia Intl, ILS OR Laredo, TX, Laredo Intl, RNAV (GPS) RWY provisions of the Commission’s existing
LOC RWY 26, Amdt 4C 36L, Amdt 3
Philadelphia, PA, Philadelphia Intl, ILS OR
Rules of Practice and Procedure that
Provo, UT, Provo Muni, ILS OR LOC RWY concern the Privacy Act.
LOC RWY 27L, Amdt 14A 13, Amdt 4
Philadelphia, PA, Philadelphia Intl, ILS OR On September 27, 2017, the
Rock Springs, WY, Rock Springs-Sweetwater Commission published a Notice of
LOC RWY 27R, ILS RWY 27R (SA CAT I),
County, RNAV (GPS) RWY 9, Orig-A Proposed Rulemaking (NPRM) in the
ILS RWY 27R (SA CAT II), Amdt 10G
Philadelphia, PA, Philadelphia Intl, ILS V Rock Springs, WY, Rock Springs-Sweetwater Federal Register. 82 FR 44982,
RWY 17, Amdt 6C (CONVERGING) County, RNAV (GPS) RWY 27, Amdt 1B September 27, 2017. In the NPRM, the
Philadelphia, PA, Philadelphia Intl, ILS Z OR RESCINDED: On December 4, 2017 (82 FR Commission proposed to revise 19 CFR
LOC RWY 17, Amdt 8B 57115), the FAA published an Amendment 201.32, which governs exemptions to
Philadelphia, PA, Philadelphia Intl, ILS Z OR in Docket No. 31166, Amdt No. 3775, to Part certain Privacy Act requirements.
LOC Z RWY 9R, ILS Z RWY 9R (SA CAT 97 of the Federal Aviation Regulations under
I), ILS Z RWY 9R (CAT II), ILS Z RWY 9R
Pursuant to 5 U.S.C. 552a(k), the
section 97.23, 97.29, and 97.33. The Commission proposed to delete two
(CAT III), Amdt 10A following entries for Price, UT, effective
Philadelphia, PA, Philadelphia Intl, RNAV exemptions that pertain only to Privacy
February 1, 2018, are hereby rescinded in Act systems of records that were being
(GPS) RWY 17, Amdt 3B
Philadelphia, PA, Philadelphia Intl, RNAV their entirety: removed, add exemptions for a new
(GPS) RWY 26, Amdt 1C Price, UT, Carbon County Rgnl/Buck Davis Privacy Act system of records, and
Philadelphia, PA, Philadelphia Intl, RNAV Field, ILS OR LOC RWY 1, Amdt 1B correct a typographical error.
(GPS) RWY 27L, Amdt 3A Price, UT, Carbon County Rgnl/Buck Davis In the NPRM, the Commission
Philadelphia, PA, Philadelphia Intl, RNAV Field, RNAV (GPS) RWY 1, Amdt 2B requested public comment on the
ethrower on DSK3G9T082PROD with RULES

(GPS) RWY 27R, Amdt 1C Price, UT, Carbon County Rgnl/Buck Davis proposed revisions to its rules, but no
Philadelphia, PA, Philadelphia Intl, RNAV Field, VOR RWY 1, Amdt 1B
(GPS) RWY 35, Amdt 4A comments were received. The
Philadelphia, PA, Philadelphia Intl, RNAV [FR Doc. 2017–27679 Filed 12–22–17; 8:45 am] Commission found no reason to change
(GPS) Y RWY 9L, Amdt 1B BILLING CODE 4910–13–P the proposed rules before adopting them
Philadelphia, PA, Philadelphia Intl, RNAV as final rules, which are republished
(GPS) Y RWY 9R, Amdt 3A below. A more detailed analysis of the

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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60865

rules can be found at 82 FR 44982 ■ 2. In § 201.32, remove paragraphs (a) DEPARTMENT OF HEALTH AND
(September 27, 2017). and (b); redesignate paragraph (c) as HUMAN SERVICES
Regulatory Analysis of Amendments to paragraph (a); revise the first sentence of
newly redesignated paragraph (a); and Food and Drug Administration
the Commission’s Rules
add paragraph (b) to read as follows:
The Commission certifies that these 21 CFR Part 868
amendments to the Commission’s rules § 201.32 Specific exemptions.
[Docket No. FDA–2017–N–6568]
will not have a significant economic (a) Pursuant to 5 U.S.C. 552a(k)(1), (5)
impact on a substantial number of small Medical Devices; Anesthesiology
and (6), records contained in the system
entities under the Regulatory Flexibility Devices; Classification of the External
entitled ‘‘Personnel Security
Act (5 U.S.C. 601 et seq.) because it does Negative Pressure Airway Aid
Investigative Files’’ have been exempted
not create an economic impact and does
not affect small entities. The from subsections (c)(3), (d), (e)(1), AGENCY: Food and Drug Administration,
amendments are concerned only with (e)(4)(G) through (I) and (f) of the HHS.
the administration of Privacy Act Privacy Act. * * * ACTION: Final order.
systems of records within the (b) Pursuant to 5 U.S.C. 552a(k)(1) and
Commission. (k)(2), records contained in the system SUMMARY: The Food and Drug
The amendments to the Commission’s entitled ‘‘Freedom of Information Act Administration (FDA or we) is
rules do not contain any information and Privacy Act Records’’ have been classifying the external negative
collection requirements subject to the exempted from subsections (c)(3), (d), pressure airway aid into class II (special
provisions of the Paperwork Reduction (e)(1), (e)(4)(G) through (I) and (f) of the controls). The special controls that
Act (44 U.S.C. 3501 et seq.). apply to the device type are identified
Privacy Act. Pursuant to section
No actions are necessary under title II in this order and will be part of the
552a(k)(1) of the Privacy Act, the
of the Unfunded Mandates Reform Act codified language for the external
Commission exempts records that
of 1995, Public Law 104–4 (2 U.S.C. negative pressure airway aid’s
contain properly classified information classification. We are taking this action
1531–1538) because the amendments to pertaining to national defense or foreign
the Commission’s rules will not result because we have determined that
policy. Application of exemption (k)(1) classifying the device into class II
in the expenditure by State, local, and may be necessary to preclude
tribal governments, in the aggregate, or (special controls) will provide a
individuals’ access to or amendment of reasonable assurance of safety and
by the private sector, of $100,000,000 or
such classified information under the effectiveness of the device. We believe
more in any one year (adjusted annually
Privacy Act. Pursuant to section this action will also enhance patients’
for inflation), and will not significantly
552a(k)(2) of the Privacy Act, and in access to beneficial innovative devices,
or uniquely affect small governments.
The Commission has determined that order to protect the effectiveness of in part by reducing regulatory burdens.
these rules do not meet the criteria Inspector General investigations by DATES: This order is effective December
described in section 3(f) of Executive preventing individuals who may be the 26, 2017. The classification was
Order 12866 (58 FR 51735, October 4, subject of an investigation from applicable on December 23, 2015.
1993) and thus do not constitute a obtaining access to the records and thus FOR FURTHER INFORMATION CONTACT:
‘‘significant regulatory action’’ for obtaining the opportunity to conceal or Todd Courtney, Center for Devices and
purposes of the Executive Order. destroy evidence or to intimidate Radiological Health, Food and Drug
The amendments to the Commission’s witnesses, the Commission exempts Administration, 10903 New Hampshire
rules do not have Federalism records insofar as they include Ave., Bldg. 66, Rm. 2530, Silver Spring,
implications warranting the preparation investigatory material compiled for law MD 20993–0002, 301–796–6371,
of a federalism summary impact enforcement purposes. However, if any Todd.Courtney@fda.hhs.gov.
statement under Executive Order 13132 individual is denied any right, privilege, SUPPLEMENTARY INFORMATION:
(64 FR 43255, August 10, 1999). or benefit to which he is otherwise
The amendments to the Commission’s entitled under Federal law due to the I. Background
rules are not ‘‘major rules’’ as defined by maintenance of this material, such Upon request, FDA has classified the
section 251 of the Small Business material shall be provided to such external negative pressure airway aid as
Regulatory Enforcement Fairness Act of individual except to the extent that the class II (special controls), which we
1996 (5 U.S.C. 801 et seq.). disclosure of such material would reveal have determined will provide a
List of Subjects in 19 CFR Part 201 the identity of a source who furnished reasonable assurance of safety and
information to the Government under an effectiveness. In addition, we believe
Administrative practice and express promise that the identity of the this action will enhance patients’ access
procedure. source would be held in confidence. to beneficial innovation, in part by
For the reasons stated in the reducing regulatory burdens by placing
By order of the Commission. the device into a lower device class than
preamble, under the authority of 19
U.S.C. 1335, the United States Issued: December 19, 2017. the automatic class III assignment.
International Trade Commission Lisa R. Barton, The automatic assignment of class III
amends 19 CFR part 201 as follows: Secretary to the Commission. occurs by operation of law and without
[FR Doc. 2017–27671 Filed 12–22–17; 8:45 am] any action by FDA, regardless of the
PART 201—RULES OF GENERAL level of risk posed by the new device.
ethrower on DSK3G9T082PROD with RULES

BILLING CODE 7020–02–P
APPLICATION Any device that was not in commercial
distribution before May 28, 1976, is
■ 1. The authority citation for part 201 automatically classified as, and remains
continues to read as follows: within, class III and requires premarket
Authority: 19 U.S.C. 1335; 19 U.S.C. 2482, approval unless and until FDA takes an
unless otherwise noted. action to classify or reclassify the device

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Document Created: 2017-12-23 03:07:59
Document Modified: 2017-12-23 03:07:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective January 25, 2018.
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.
FR Citation		82 FR 60864