Freedom of Information Act and Privacy Act Policies and Procedures, 18985-18989 [2017-08364]
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Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
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the north by lat. 47°45′00″ N., on the east by
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southeast by V–204, on the south by V–298,
and on the west by long. 120°00′04″ W.
Issued in Seattle, Washington, on April 18,
2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2017–08241 Filed 4–24–17; 8:45 am]
BILLING CODE 4910–13–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
15 CFR Parts 2004 and 2005
[Docket Numbers USTR–2016–0015 and
USTR–2016–0027]
RIN 0350–AA08 and 0350–AA09
Freedom of Information Act and
Privacy Act Policies and Procedures
Office of the United States
Trade Representative.
ACTION: Final rule.
AGENCY:
This rule makes minor
technical changes to the Office of the
United States Trade Representative
(USTR) Freedom of Information Act
(FOIA) regulation. It also adopts as a
final rule without change the proposed
rule updating USTR’s Privacy Act
implementing regulation. USTR
published both the FOIA and Privacy
Act rules in December 2016.
DATES: The final rule will become
effective April 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Janice Kaye, Monique Ricker or Melissa
Keppel, Office of General Counsel,
United States Trade Representative,
Anacostia Naval Annex, Building 410/
Door 123, 250 Murray Lane SW.,
Washington, DC 20509, jkaye@
ustr.eop.gov; mricker@ustr.eop.gov;
mkeppel@ustr.eop.gov, or the USTR
FOIA Public Liaison at FOIA@
ustr.eop.gov or 202–395–3419.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. FOIA Technical Changes
On December 15, 2016, USTR
published a final rule revising its
existing regulations under the FOIA. See
81 FR 90715. Since that time, we
became aware of four comments letters
that we did not address in the final
rulemaking. Two of the comments
simply supported the FOIA’s goal of
government transparency. The third
comment suggested that USTR
periodically release its FOIA log, which
we plan to do on a quarterly basis on the
FOIA page of the USTR Web site at
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https://ustr.gov/about-us/reading-room/
freedom-information-act-foia/frequentrequested-records. The fourth comment
was from the Office of Government
Information Services of the National
Archives and Records Administration
(OGIS). OGIS asked us to refer to the
services they offer as dispute resolution
services rather than mediation services
and to add a description of those
services to our definition of the term
‘‘OGIS.’’ In response, we revised the
definition of OGIS in Subpart A and
updated the references to OGIS
elsewhere in the rule. The remainder of
the third and fourth comment letters
largely concerned changes we already
made in response to feedback from the
U.S. Department of Justice (DoJ). Based
on 2017 FOIA training provided by DoJ,
we are adding a new paragraph (4) to
section 2004.9(g), which concerns
payment of advance fees, to clarify that
we may collect fees a requester owes
before we release responsive records.
II. Privacy Act Rule
On December 22, 2016, USTR
published a proposed rule to update its
implementing rule under the Privacy
Act of 1974. See 81 FR 93857. The
proposed rule describes how
individuals can find out if a USTR
system of records contains information
about them and, if so, how to access or
amend a record. The proposed rule
would move the Privacy Act regulation
from part 2005 into a new subpart C to
part 2004. The 60-day comment period
ended on January 23, 2017. We did not
receive any comments and are adopting
the proposed rule as a final rule without
change.
III. Regulatory Flexibility Act
USTR has considered the impact of
the final rule and determined that it is
not likely to have a significant economic
impact on a substantial number of small
business entities because it is applicable
only to USTR’s internal operations and
legal obligations. See 5 U.S.C. 601 et
seq.
IV. Paperwork Reduction Act
The final rule does not contain any
information collection requirement that
requires the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
List of Subjects
15 CFR Part 2004
Administrative practice and
procedure, Courts, Disclosure,
Exemptions, Freedom of information,
Government employees, Privacy,
Records, Subpoenas, Testimony.
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18985
15 CFR Part 2005
Privacy.
For the reasons stated in the
preamble, the Office of the United States
Trade Representative is amending
chapter XX of title 15 of the Code of
Federal Regulations as follows:
PART 2004—DISCLOSURE OF
RECORDS AND INFORMATION
Subpart A—Definitions
1. The authority citation for subpart A
continues to read as follows:
■
Authority: 19 U.S.C. 2171(e)(3).
2. Amend § 2004.0 by revising the
definition of the term ‘‘OGIS’’ to read as
follows:
■
§ 2004.0
Definitions.
*
*
*
*
*
OGIS means the Office of Government
Information Services of the National
Archives and Records Administration.
OGIS offers FOIA dispute resolution
services, which is a voluntary process.
If USTR agrees to participate in the
dispute resolution services provided by
OGIS, USTR will actively engage as a
partner to the process in an attempt to
resolve the dispute.
*
*
*
*
*
Subpart B—Freedom of Information
Act Policies and Procedures
3. The authority citation for subpart B
continues to read as follows:
■
Authority: 5 U.S.C. 552; 19 U.S.C.
2171(e)(3); Uniform Freedom of Information
Act Fee Schedule and Guidelines, 52 FR
10012, Mar. 27, 1987.
4. Amend § 2004.7 by revising
paragraph (d)(2)(iv) to read as follows:
■
§ 2004.7 What will our response to your
FOIA request include?
*
*
*
*
*
(d) * * *
(2) * * *
(iv) Information about our FOIA
Public Liaison and the dispute
resolution services provided by OGIS;
and
*
*
*
*
*
■ 5. Amend § 2004.8 by revising
paragraph (c) to read as follows:
§ 2004.8 What can I do if I am dissatisfied
with USTR’s response to my FOIA request?
*
*
*
*
*
(c) Decisions on appeals. The FOIA
Appeals Committee will notify you of
its appeal decision in writing within
twenty days from the date it receives the
appeal. A decision that upholds the
FOIA Office’s determination in whole or
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in part will identify the reasons for the
affirmance, including any FOIA
exemptions applied, and notify you of
your statutory right to seek judicial
review. The notice also will inform you
of the dispute resolution services
offered by OGIS as a non-exclusive
alternative to litigation. If the FOIA
Appeals Committee remands or
modifies the original response, the FOIA
Office will further process the request in
accordance with the appeal
determination and will respond directly
to you.
*
*
*
*
*
■ 6. Amend § 2004.9 by adding
paragraph (g)(4) to read as follows:
§ 2004.9
Fees.
*
*
*
*
*
(g) * * *
(4) Before we provide records in
response to your request, we may collect
payments you owe for work we already
have completed.
*
*
*
*
*
■ 7. Add subpart C, consisting of
§§ 2004.20 through 2004.29 to read as
follows:
Subpart C—Privacy Act Policies and
Procedures
Sec.
2004.20 Definitions.
2004.21 Purpose and scope.
2004.22 How do I make a Privacy Act
request?
2004.23 How will USTR respond to my
Privacy Act request?
2004.24 What can I do if I am dissatisfied
with USTR’s response to my Privacy Act
request?
2004.25 What does it cost to get records
under the Privacy Act?
2004.26 Are there any exemptions from the
Privacy Act?
2004.27 How are records secured?
2004.28 Use and collection of Social
Security numbers.
2004.29 Employee responsibilities under
the Privacy Act.
Subpart C—Privacy Act Policies and
Procedures
Authority: 5 U.S.C. 552a; 19 U.S.C.
2171(e)(3).
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§ 2004.20
Definitions.
For purposes of this subpart:
Access means making a record
available to a subject individual.
Amendment means any correction,
addition to or deletion of information in
a record.
Individual means a natural person
who either is a citizen of the United
States or an alien lawfully admitted to
the United States for permanent
residence.
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Maintain means to keep or hold and
preserve in an existing state, and
includes the terms collect, use,
disseminate and control.
Privacy Act Office means the USTR
officials who are authorized to respond
to requests and to process requests for
amendment of records USTR maintains
under the Privacy Act.
Record means any item, collection or
grouping of information about an
individual that USTR maintains within
a system of records and contains the
individual’s name or the identifying
number, symbol or other identifying
particular assigned to the individual,
such as a finger or voice print or
photograph.
System of records means a group of
records USTR maintains or controls
from which information is retrieved by
the name of an individual or by some
identifying number, symbol or other
identifying particular assigned to the
individual. USTR publishes notices in
the Federal Register announcing the
creation, deletion or amendment of its
systems of records. You can find a
description of our systems of records on
the USTR Web site: www.ustr.gov.
§ 2004.21
Purpose and scope.
(a) This subpart implements the
Privacy Act, 5 U.S.C. 552a, a Federal
law that requires Federal agencies to
protect private information about
individuals that the agencies collect or
maintain. It establishes USTR’s rules for
access to records in systems of records
we maintain that are retrieved by an
individual’s name or another personal
identifier. It describes the procedures by
which individuals may request access to
records, request amendment or
correction of those records, and request
an accounting of disclosures of those
records by USTR. Whenever it is
appropriate to do so, USTR
automatically processes a Privacy Act
request for access to records under both
the Privacy Act and the FOIA, following
the rules contained in this subpart and
subpart B of part 2004. USTR processes
a request under both the Privacy Act
and the FOIA so you will receive the
maximum amount of information
available to you by law.
(b) This subpart does not entitle you
to any service or to the disclosure of any
record to which you are not entitled
under the Privacy Act. It also does not,
and may not be relied upon to create
any substantive or procedural right or
benefit enforceable against USTR.
§ 2004.22
request?
How do I make a Privacy Act
(a) In general. You can make a Privacy
Act request on your own behalf for
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records or information about you. You
also can make a request on behalf of
another individual as the parent or
guardian of a minor, or as the guardian
of someone determined by a court to be
incompetent. You may request access to
another individual’s record or
information if you have that
individual’s written consent, unless
other conditions of disclosure apply.
(b) How do I make a request?—(1)
Where do I send my written request? To
make a request for access to a record,
you should write directly to our Privacy
Act Office. Heightened security delays
mail delivery. To avoid mail delivery
delays, we strongly suggest that you
email your request to PRIVACY@
ustr.eop.gov. Our mailing address is:
Privacy Act Office, Office of the US
Trade Representative, Anacostia Naval
Annex, Building 410/Door 123, 250
Murray Lane SW., Washington, DC
20509. To make sure that the Privacy
Act Office receives your request without
delay, you should include the notation
‘Privacy Act Request’ in the subject line
of your email or on the front of your
envelope and also at the beginning of
your request.
(2) Security concerns. To protect our
computer systems, we will not open
attachments to emailed requests—you
must include your request within the
body of the email. We will not process
email attachments.
(c) What should my request include?
You must describe the record that you
seek in enough detail to enable the
Privacy Act Office to locate the system
of records containing the record with a
reasonable amount of effort. Include
specific information about each record
sought, such as the time period in
which you believe it was compiled, the
name or identifying number of each
system of records in which you believe
it is kept, and the date, title or name,
author, recipient, or subject matter of
the record. As a general rule, the more
specific you are about the record that
you seek, the more likely we will be
able to locate it in response to your
request.
(d) How do I request amendment or
correction of a record? If you are
requesting an amendment or correction
of a USTR record, you must identify
each particular record in question and
the system of records in which the
record is located, describe the
amendment or correction that you seek,
and state why you believe that the
record is not accurate, relevant, timely
or complete. You may submit any
documentation that you think would be
helpful, including an annotated copy of
the record.
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(e) How do I request an accounting of
record disclosures? If you are requesting
an accounting of disclosures made by
USTR to another person, organization or
Federal agency, you must identify each
particular record in question. An
accounting generally includes the date,
nature and purpose of each disclosure,
as well as the name and address of the
person, organization, or Federal agency
to which the disclosure was made.
(f) Verification of identity. When
making a Privacy Act request, you must
verify your identity in accordance with
these procedures to protect your privacy
or the privacy of the individual on
whose behalf you are acting. If you
make a Privacy Act request and you do
not follow these identity verification
procedures, USTR cannot process your
request.
(1) How do I verify my own identity?
You must state your full name, current
address, and date and place of birth. In
order to help identify and locate the
records, you also may, at your option,
include your Social Security number.
To verify your own identity, you must
provide an unsworn declaration under
28 U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury. To fulfill this requirement, you
must include the following statement
just before the signature on your
request:
I declare under penalty of perjury that
the foregoing is true and correct.
Executed on [date].
(2) How do I verify parentage or
guardianship? If you make a request as
the parent or guardian of a minor, or as
the guardian of someone determined by
a court to be incompetent, for access
records or information about that
individual, you must establish:
(i) The identity of the individual who
is the subject of the record, by stating
the individual’s name, current address
and date and place of birth, and, at your
option, the Social Security number of
the individual;
(ii) Your own identity, as required in
paragraph (f)(1) of this section;
(iii) That you are the parent or
guardian of the individual, which you
may prove by providing a copy of the
individual’s birth certificate showing
your parentage or a court order
establishing your guardianship; and
(iv) That you are acting on behalf of
the individual in making the request.
§ 2004.23 How will USTR respond to my
Privacy Act request?
(a) When will we respond to your
request? We will search to determine if
the requested records exist in a system
of records USTR owns or controls. The
Privacy Act Office will respond to you
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long as it clearly identifies the
determination (including the request
number, if known) that you are
appealing.
(2) Where do I send my appeal? You
should mark both your letter and the
envelope, or the subject of your email,
‘‘Privacy Act Appeal’’. To avoid mail
delivery delays caused by heightened
security, we strongly suggest that you
email any appeal to PRIVACY@
ustr.eop.gov. Our mailing address is:
Privacy Office, Office of the US Trade
Representative, Anacostia Naval Annex,
Building 410/Door 123, 250 Murray
Lane SW., Washington, DC 20509.
(c) Who will decide your appeal? (1)
The Privacy Act Appeals Committee or
designee will act on all appeals under
this section.
(2) We ordinarily will not adjudicate
an appeal if the request becomes a
matter of litigation.
(3) On receipt of any appeal involving
classified information, the Privacy Act
Appeals Committee must take
appropriate action to ensure compliance
with applicable classification rules.
(d) When will we respond to your
appeal? The Privacy Act Appeals
Committee will notify you of its appeal
decision in writing within thirty days
from the date it receives an appeal that
meets the requirements of paragraph (b)
of this section. We may extend the
response time in unusual
circumstances, such as the need to
consult with another agency about a
record or to retrieve a record shipped
offsite for storage.
(e) What will our response include?
The written response will include the
Committee’s determination whether to
grant or deny your appeal in whole or
in part, a brief explanation of the
reasons for the determination, and
information about the Privacy Act
provisions for court review of the
determination.
(1) Appeals concerning access to
records. If your appeal concerns a
§ 2004.24 What can I do if I am dissatisfied request for access to records and the
with USTR’s response to my Privacy Act
appeal is granted in whole or in part, we
request?
will make the records, if any, available
(a) What can I appeal? You can appeal to you.
(2) Appeals concerning amendments
any adverse determination in writing to
or corrections. If your appeal concerns
our Privacy Act Appeals Committee
amendment or correction of a record,
within thirty calendar days after the
the response will describe any
date of our response. We provide a list
amendment or correction made and
of adverse determinations in
advise you of your right to obtain a copy
§ 2004.23(c).
of the amended or corrected record. We
(b) How do I make an appeal?—(1)
What should I include? You may appeal will notify all persons, organizations or
by submitting a written statement giving Federal agencies to which we
previously disclosed the record, if an
the reasons why you believe the
accounting of that disclosure was made,
Committee should overturn the adverse
determination. Your written appeal may that the record has been amended or
corrected. Whenever the record is
include as much or as little related
subsequently disclosed, the record will
information as you wish to provide, as
in writing within twenty days after we
receive your request, if it meets the
requirements of this subpart. We may
extend the response time in unusual
circumstances, such as the need to
consult with another agency about a
record or to retrieve a record shipped
offsite for storage.
(b) What will our response include?
Our written response will include our
determination whether to grant or deny
your request in whole or in part, a brief
explanation of the reasons for the
determination, and the amount of the
fee charged, if any, under § 2004.25. If
you requested access to records, we will
make the records, if any, available to
you. If you requested amendment or
correction of a record, the response will
describe any amendments or corrections
made and advise you of your right to
obtain a copy of the amended or
corrected record.
(c) Adverse determinations—(1) What
is an adverse determination? An adverse
determination is a response to a Privacy
Act request that:
(i) Withholds any requested record in
whole or in part;
(ii) Denies a request to amend or
correct a record in whole or in part;
(iii) Declines to provide an accounting
of disclosures;
(iv) Advises that a requested record
does not exist or cannot be located;
(v) Finds that what you requested is
not a record subject to the Privacy Act;
or
(vi) Advises on any disputed fee
matter.
(2) Responses that include an adverse
determination. If the Privacy Act Office
makes an adverse determination with
respect to your request, our written
response will identify the person
responsible for the adverse
determination, that the adverse
determination is not a final agency
action, and that you may appeal the
adverse determination under § 2004.24.
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be disclosed as amended or corrected. If
our response denies your request for an
amendment or correction to a record, we
will advise you of your right to file a
statement of disagreement under
paragraph (f) of this section.
(f) Statements of disagreement—(1)
What is a statement of disagreement? A
statement of disagreement is a concise
written statement in which you clearly
identify each part of any record that you
dispute and explain your reason(s) for
disagreeing with our denial in whole or
in part of your appeal requesting
amendment or correction.
(2) How do I file a statement of
disagreement? We must receive your
statement of disagreement within thirty
calendar days of our denial in whole or
in part of your appeal concerning
amendment or correction of a record.
(3) What will we do with your
statement of disagreement? We will
place your statement of disagreement in
the system(s) of records in which the
disputed record is maintained. We also
may append a concise statement of our
reason(s) for denying the request to
amend or correct the record. Whenever
the record is subsequently disclosed, the
record will be disclosed along with your
statement of disagreement and our
explanation, if any.
(g) When appeal is required. Before
seeking review by a court of an adverse
determination or denial of a request,
you generally first must submit a timely
administrative appeal under this
section.
§ 2004.25 What does it cost to get records
under the Privacy Act?
(a) Your request is an agreement to
pay fees. We consider your Privacy Act
request as your agreement to pay all
applicable fees unless you specify a
limit on the amount of fees you agree to
pay. We will not exceed the specified
limit without your written agreement.
(b) How do we calculate fees? We will
charge a fee for duplication of a record
under the Privacy Act in the same way
we charge for duplication of records
under the FOIA in § 2004.9. There are
no fees to search for or review records
requested under the Privacy Act.
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§ 2004.26 Are there any exemptions from
the Privacy Act?
(a) What is a Privacy Act exemption?
The Privacy Act authorizes USTR to
exempt records or information in a
system of records from some of the
Privacy Act requirements, if we
determine that the exemption is
necessary. With the exception of certain
law enforcement records, we will not
provide you with an accounting of
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disclosures or make available to you
records that are exempt.
(b) How do I know if the records or
information I want are exempt? Each
USTR system of records notice will
advise you if we have determined that
records or information in records are
exempt from Privacy Act requirements.
If we have claimed an exemption for a
system of records, the system of records
notice will identify the exemption and
the provisions of the Privacy Act from
which the system is exempt.
§ 2004.27
How are records secured?
(a) Controls. USTR must establish
administrative and physical controls to
prevent unauthorized access to its
systems of records, unauthorized or
inadvertent disclosure of records, and
physical damage to or destruction of
records. The stringency of these controls
corresponds to the sensitivity of the
records that the controls protect. At a
minimum, the administrative and
physical controls must ensure that:
(1) Records are protected from public
view;
(2) The area in which records are kept
is supervised during business hours to
prevent unauthorized persons from
having access to them;
(3) Records are inaccessible to
unauthorized persons outside of
business hours; and
(4) Records are not disclosed to
unauthorized persons or under
unauthorized circumstances in either
oral or written form.
(b) Limited access. Access to records
is restricted only to individuals who
require access in order to perform their
official duties.
§ 2004.28 Use and collection of Social
Security numbers.
We will collect Social Security
numbers only when it is necessary and
we are authorized to do so. At least
annually, the Privacy Act Office will
inform employees who are authorized to
collect information that:
(a) Individuals may not be denied any
right, benefit or privilege as a result of
refusing to provide their Social Security
numbers, unless the collection is
authorized either by a statute or by a
regulation issued prior to 1975; and
(b) They must inform individuals who
are asked to provide their Social
Security numbers:
(1) If providing a Social Security
number is mandatory or voluntary;
(2) If any statutory or regulatory
authority authorizes collection of a
Social Security number; and
(3) The uses that will be made of the
Social Security number.
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§ 2004.29 Employee responsibilities under
the Privacy Act.
At least annually, the Privacy Act
Office will inform employees about the
provisions of the Privacy Act, including
the Act’s civil liability and criminal
penalty provisions. Unless otherwise
permitted by law, a USTR employee
must:
(a) Collect from individuals only
information that is relevant and
necessary to discharge USTR’s
responsibilities.
(b) Collect information about an
individual directly from that individual
whenever practicable.
(c) Inform each individual from whom
information is collected of:
(1) The legal authority to collect the
information and whether providing it is
mandatory or voluntary;
(2) The principal purpose for which
USTR intends to use the information;
(3) The routine uses, i.e., disclosures
of records and information contained in
a system of records without the consent
of the subject of the record, USTR may
make; and
(4) The effects on the individual, if
any, of not providing the information.
(d) Ensure that the employee’s office
does not maintain a system of records
without public notice and notify
appropriate officials of the existence or
development of any system of records
that is not the subject of a current or
planned public notice.
(e) Maintain all records that are used
in making any determination about an
individual with such accuracy,
relevance, timeliness and completeness
as is reasonably necessary to ensure
fairness to the individual in the
determination.
(f) Except for disclosures made to an
agency or under the FOIA, make
reasonable efforts, prior to
disseminating any record about an
individual, to ensure that the record is
accurate, relevant, timely and complete.
(g) When required by the Privacy Act,
maintain an accounting in the specified
form of all disclosures of records by
USTR to persons, organizations or
agencies.
(h) Maintain and use records with
care to prevent the unauthorized or
inadvertent disclosure of a record to
anyone.
(i) Notify the appropriate official of
any record that contains information
that the Privacy Act does not permit
USTR to maintain.
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PART 2005—[REMOVED]
8. Under the authority of 19 U.S.C.
2171(e)(3), remove part 2005.
■
Janice Kaye,
Chief Counsel for Administrative Law, Office
of the U.S. Trade Representative.
[FR Doc. 2017–08364 Filed 4–24–17; 8:45 am]
BILLING CODE 3290–F7–P
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Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Arthur Kill
(AK) Railroad Bridge across the Arthur
Kill, mile 11.6, at Staten Island, New
York and Elizabeth, New Jersey. This
temporary deviation is necessary to
allow the bridge to remain in the closedto-navigation position to facilitate
structural inspections.
DATES: This deviation is effective from
9:45 a.m. on July 8, 2017 to 8:07 p.m.
on July 16, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0292] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 514–4330,
email judy.k.leung-yee@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Consolidated Rail Corporation (Conrail),
the owner of the bridge, requested a
temporary deviation from the normal
operating schedule to facilitate
structural inspections. The Arthur Kill
Railroad Bridge across the Arthur Kill,
mile 11.6, has a vertical clearance in the
closed position of 31 feet at mean high
water and 35 feet at mean low water.
The existing bridge operating
regulations are found at 33 CFR 117.702.
Under this temporary deviation, the
Arthur Kill Railroad Bridge shall remain
in the closed position as follows:
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:35 Apr 24, 2017
Jkt 241001
July 8, 2017:
9:45 a.m. to 1:46 p.m.
3:46 p.m. to 7:53 p.m.
July 9, 2017:
10:24 a.m. to 2:27 p.m.
4:27 p.m. to 8:27 p.m.
July 15, 2017:
8:17 a.m. to 12:26 p.m.
2:26 p.m. to 6:52 p.m.
July 16, 2017:
9:13 a.m. to 1:15 p.m.
3:15 p.m. to 8:07 p.m.
The waterway is transited by
commercial traffic. The Coast Guard
notified various companies of the
commercial oil and barge vessels and
they have no objections to the
temporary deviation. Vessels able to
pass under the bridge in the closed
position may do so at any time. The
bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass.
The Coast Guard will inform the users
of the waterways through our Local
Notice and Broadcast to Mariners of the
change in operating schedule for the
bridge so that vessel operations can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 20, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–08316 Filed 4–24–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0161]
Drawbridge Operation Regulation;
Canaveral Barge Canal, Canaveral, FL
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation with request for
comments.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 401
Drawbridge, mile 5.5 at Port Canaveral,
Florida. This deviation is necessary to
reduce vehicular traffic congestion and
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
18989
to ensure the safety of the roadways
while passengers are transiting to and
from Cruise Terminal 10, which is used
by Norwegian Cruise Line at Port
Canaveral. Since the arrival of the cruise
ship Norwegian Epic to the Port of
Canaveral, massive traffic back-ups have
been caused by the drawbridge
openings. This deviation allows the
bridge to not open to navigation during
prime cruise ship passenger loading and
unloading times on Saturdays.
DATES: This deviation is effective from
April 25, 2017 until October 23, 2017.
Submit comments by June 26, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0161] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation. We
encourage you to submit comments
through the Federal eRulemaking Portal
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, contact Mr.
Michael Lieberum with the Seventh
Coast Guard District Bridge Office;
telephone 305–415–6744, email
Michael.B.Lieberum@uscg.mil, for
alternate instructions.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Michael
Lieberum with the Seventh Coast Guard
District Bridge Office; telephone 305–
415–6744, email
Michael.B.Lieberum@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Canaveral Port Authority, with
concurrence from the bridge owner,
Florida Department of Transportation
have requested the Coast Guard
consider changing the regulation of the
SR401 Bridge across the Canaveral
Barge Canal, Port Canaveral, FL to allow
the bridge to not open to navigation
from 11 a.m. to 2 p.m. on Saturdays.
The current operating regulation is
under 33 CFR 117.273. The bridge logs
(insert the time period of the reviewed
bridge logs) indicate that, at most,
approximately nine vessels may be
affected by establishing this three hour
bridge closure on Saturdays. The
majority of the opening requests were
either at the beginning or end of this
closure period; therefore, by adjusting
their transits slightly there should be a
negligible overall effect. This deviation
is effective from April 25, 2017 until
October 23, 2017. The Coast Guard will
continue to evaluate the impact to
mariners navigating this area during the
closure periods and has requested
comments be submitted during the first
60 days of this deviation.
E:\FR\FM\25APR1.SGM
25APR1
Agencies
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18985-18989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08364]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
15 CFR Parts 2004 and 2005
[Docket Numbers USTR-2016-0015 and USTR-2016-0027]
RIN 0350-AA08 and 0350-AA09
Freedom of Information Act and Privacy Act Policies and
Procedures
AGENCY: Office of the United States Trade Representative.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes minor technical changes to the Office of the
United States Trade Representative (USTR) Freedom of Information Act
(FOIA) regulation. It also adopts as a final rule without change the
proposed rule updating USTR's Privacy Act implementing regulation. USTR
published both the FOIA and Privacy Act rules in December 2016.
DATES: The final rule will become effective April 25, 2017.
FOR FURTHER INFORMATION CONTACT: Janice Kaye, Monique Ricker or Melissa
Keppel, Office of General Counsel, United States Trade Representative,
Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW.,
Washington, DC 20509, jkaye@ustr.eop.gov; mricker@ustr.eop.gov;
mkeppel@ustr.eop.gov, or the USTR FOIA Public Liaison at
FOIA@ustr.eop.gov or 202-395-3419.
SUPPLEMENTARY INFORMATION:
I. FOIA Technical Changes
On December 15, 2016, USTR published a final rule revising its
existing regulations under the FOIA. See 81 FR 90715. Since that time,
we became aware of four comments letters that we did not address in the
final rulemaking. Two of the comments simply supported the FOIA's goal
of government transparency. The third comment suggested that USTR
periodically release its FOIA log, which we plan to do on a quarterly
basis on the FOIA page of the USTR Web site at https://ustr.gov/about-us/reading-room/freedom-information-act-foia/frequent-requested-records. The fourth comment was from the Office of Government
Information Services of the National Archives and Records
Administration (OGIS). OGIS asked us to refer to the services they
offer as dispute resolution services rather than mediation services and
to add a description of those services to our definition of the term
``OGIS.'' In response, we revised the definition of OGIS in Subpart A
and updated the references to OGIS elsewhere in the rule. The remainder
of the third and fourth comment letters largely concerned changes we
already made in response to feedback from the U.S. Department of
Justice (DoJ). Based on 2017 FOIA training provided by DoJ, we are
adding a new paragraph (4) to section 2004.9(g), which concerns payment
of advance fees, to clarify that we may collect fees a requester owes
before we release responsive records.
II. Privacy Act Rule
On December 22, 2016, USTR published a proposed rule to update its
implementing rule under the Privacy Act of 1974. See 81 FR 93857. The
proposed rule describes how individuals can find out if a USTR system
of records contains information about them and, if so, how to access or
amend a record. The proposed rule would move the Privacy Act regulation
from part 2005 into a new subpart C to part 2004. The 60-day comment
period ended on January 23, 2017. We did not receive any comments and
are adopting the proposed rule as a final rule without change.
III. Regulatory Flexibility Act
USTR has considered the impact of the final rule and determined
that it is not likely to have a significant economic impact on a
substantial number of small business entities because it is applicable
only to USTR's internal operations and legal obligations. See 5 U.S.C.
601 et seq.
IV. Paperwork Reduction Act
The final rule does not contain any information collection
requirement that requires the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
List of Subjects
15 CFR Part 2004
Administrative practice and procedure, Courts, Disclosure,
Exemptions, Freedom of information, Government employees, Privacy,
Records, Subpoenas, Testimony.
15 CFR Part 2005
Privacy.
For the reasons stated in the preamble, the Office of the United
States Trade Representative is amending chapter XX of title 15 of the
Code of Federal Regulations as follows:
PART 2004--DISCLOSURE OF RECORDS AND INFORMATION
Subpart A--Definitions
0
1. The authority citation for subpart A continues to read as follows:
Authority: 19 U.S.C. 2171(e)(3).
0
2. Amend Sec. 2004.0 by revising the definition of the term ``OGIS''
to read as follows:
Sec. 2004.0 Definitions.
* * * * *
OGIS means the Office of Government Information Services of the
National Archives and Records Administration. OGIS offers FOIA dispute
resolution services, which is a voluntary process. If USTR agrees to
participate in the dispute resolution services provided by OGIS, USTR
will actively engage as a partner to the process in an attempt to
resolve the dispute.
* * * * *
Subpart B--Freedom of Information Act Policies and Procedures
0
3. The authority citation for subpart B continues to read as follows:
Authority: 5 U.S.C. 552; 19 U.S.C. 2171(e)(3); Uniform Freedom
of Information Act Fee Schedule and Guidelines, 52 FR 10012, Mar.
27, 1987.
0
4. Amend Sec. 2004.7 by revising paragraph (d)(2)(iv) to read as
follows:
Sec. 2004.7 What will our response to your FOIA request include?
* * * * *
(d) * * *
(2) * * *
(iv) Information about our FOIA Public Liaison and the dispute
resolution services provided by OGIS; and
* * * * *
0
5. Amend Sec. 2004.8 by revising paragraph (c) to read as follows:
Sec. 2004.8 What can I do if I am dissatisfied with USTR's response
to my FOIA request?
* * * * *
(c) Decisions on appeals. The FOIA Appeals Committee will notify
you of its appeal decision in writing within twenty days from the date
it receives the appeal. A decision that upholds the FOIA Office's
determination in whole or
[[Page 18986]]
in part will identify the reasons for the affirmance, including any
FOIA exemptions applied, and notify you of your statutory right to seek
judicial review. The notice also will inform you of the dispute
resolution services offered by OGIS as a non-exclusive alternative to
litigation. If the FOIA Appeals Committee remands or modifies the
original response, the FOIA Office will further process the request in
accordance with the appeal determination and will respond directly to
you.
* * * * *
0
6. Amend Sec. 2004.9 by adding paragraph (g)(4) to read as follows:
Sec. 2004.9 Fees.
* * * * *
(g) * * *
(4) Before we provide records in response to your request, we may
collect payments you owe for work we already have completed.
* * * * *
0
7. Add subpart C, consisting of Sec. Sec. 2004.20 through 2004.29 to
read as follows:
Subpart C--Privacy Act Policies and Procedures
Sec.
2004.20 Definitions.
2004.21 Purpose and scope.
2004.22 How do I make a Privacy Act request?
2004.23 How will USTR respond to my Privacy Act request?
2004.24 What can I do if I am dissatisfied with USTR's response to
my Privacy Act request?
2004.25 What does it cost to get records under the Privacy Act?
2004.26 Are there any exemptions from the Privacy Act?
2004.27 How are records secured?
2004.28 Use and collection of Social Security numbers.
2004.29 Employee responsibilities under the Privacy Act.
Subpart C--Privacy Act Policies and Procedures
Authority: 5 U.S.C. 552a; 19 U.S.C. 2171(e)(3).
Sec. 2004.20 Definitions.
For purposes of this subpart:
Access means making a record available to a subject individual.
Amendment means any correction, addition to or deletion of
information in a record.
Individual means a natural person who either is a citizen of the
United States or an alien lawfully admitted to the United States for
permanent residence.
Maintain means to keep or hold and preserve in an existing state,
and includes the terms collect, use, disseminate and control.
Privacy Act Office means the USTR officials who are authorized to
respond to requests and to process requests for amendment of records
USTR maintains under the Privacy Act.
Record means any item, collection or grouping of information about
an individual that USTR maintains within a system of records and
contains the individual's name or the identifying number, symbol or
other identifying particular assigned to the individual, such as a
finger or voice print or photograph.
System of records means a group of records USTR maintains or
controls from which information is retrieved by the name of an
individual or by some identifying number, symbol or other identifying
particular assigned to the individual. USTR publishes notices in the
Federal Register announcing the creation, deletion or amendment of its
systems of records. You can find a description of our systems of
records on the USTR Web site: www.ustr.gov.
Sec. 2004.21 Purpose and scope.
(a) This subpart implements the Privacy Act, 5 U.S.C. 552a, a
Federal law that requires Federal agencies to protect private
information about individuals that the agencies collect or maintain. It
establishes USTR's rules for access to records in systems of records we
maintain that are retrieved by an individual's name or another personal
identifier. It describes the procedures by which individuals may
request access to records, request amendment or correction of those
records, and request an accounting of disclosures of those records by
USTR. Whenever it is appropriate to do so, USTR automatically processes
a Privacy Act request for access to records under both the Privacy Act
and the FOIA, following the rules contained in this subpart and subpart
B of part 2004. USTR processes a request under both the Privacy Act and
the FOIA so you will receive the maximum amount of information
available to you by law.
(b) This subpart does not entitle you to any service or to the
disclosure of any record to which you are not entitled under the
Privacy Act. It also does not, and may not be relied upon to create any
substantive or procedural right or benefit enforceable against USTR.
Sec. 2004.22 How do I make a Privacy Act request?
(a) In general. You can make a Privacy Act request on your own
behalf for records or information about you. You also can make a
request on behalf of another individual as the parent or guardian of a
minor, or as the guardian of someone determined by a court to be
incompetent. You may request access to another individual's record or
information if you have that individual's written consent, unless other
conditions of disclosure apply.
(b) How do I make a request?--(1) Where do I send my written
request? To make a request for access to a record, you should write
directly to our Privacy Act Office. Heightened security delays mail
delivery. To avoid mail delivery delays, we strongly suggest that you
email your request to PRIVACY@ustr.eop.gov. Our mailing address is:
Privacy Act Office, Office of the US Trade Representative, Anacostia
Naval Annex, Building 410/Door 123, 250 Murray Lane SW., Washington, DC
20509. To make sure that the Privacy Act Office receives your request
without delay, you should include the notation `Privacy Act Request' in
the subject line of your email or on the front of your envelope and
also at the beginning of your request.
(2) Security concerns. To protect our computer systems, we will not
open attachments to emailed requests--you must include your request
within the body of the email. We will not process email attachments.
(c) What should my request include? You must describe the record
that you seek in enough detail to enable the Privacy Act Office to
locate the system of records containing the record with a reasonable
amount of effort. Include specific information about each record
sought, such as the time period in which you believe it was compiled,
the name or identifying number of each system of records in which you
believe it is kept, and the date, title or name, author, recipient, or
subject matter of the record. As a general rule, the more specific you
are about the record that you seek, the more likely we will be able to
locate it in response to your request.
(d) How do I request amendment or correction of a record? If you
are requesting an amendment or correction of a USTR record, you must
identify each particular record in question and the system of records
in which the record is located, describe the amendment or correction
that you seek, and state why you believe that the record is not
accurate, relevant, timely or complete. You may submit any
documentation that you think would be helpful, including an annotated
copy of the record.
[[Page 18987]]
(e) How do I request an accounting of record disclosures? If you
are requesting an accounting of disclosures made by USTR to another
person, organization or Federal agency, you must identify each
particular record in question. An accounting generally includes the
date, nature and purpose of each disclosure, as well as the name and
address of the person, organization, or Federal agency to which the
disclosure was made.
(f) Verification of identity. When making a Privacy Act request,
you must verify your identity in accordance with these procedures to
protect your privacy or the privacy of the individual on whose behalf
you are acting. If you make a Privacy Act request and you do not follow
these identity verification procedures, USTR cannot process your
request.
(1) How do I verify my own identity? You must state your full name,
current address, and date and place of birth. In order to help identify
and locate the records, you also may, at your option, include your
Social Security number. To verify your own identity, you must provide
an unsworn declaration under 28 U.S.C. 1746, a law that permits
statements to be made under penalty of perjury. To fulfill this
requirement, you must include the following statement just before the
signature on your request:
I declare under penalty of perjury that the foregoing is true and
correct. Executed on [date].
(2) How do I verify parentage or guardianship? If you make a
request as the parent or guardian of a minor, or as the guardian of
someone determined by a court to be incompetent, for access records or
information about that individual, you must establish:
(i) The identity of the individual who is the subject of the
record, by stating the individual's name, current address and date and
place of birth, and, at your option, the Social Security number of the
individual;
(ii) Your own identity, as required in paragraph (f)(1) of this
section;
(iii) That you are the parent or guardian of the individual, which
you may prove by providing a copy of the individual's birth certificate
showing your parentage or a court order establishing your guardianship;
and
(iv) That you are acting on behalf of the individual in making the
request.
Sec. 2004.23 How will USTR respond to my Privacy Act request?
(a) When will we respond to your request? We will search to
determine if the requested records exist in a system of records USTR
owns or controls. The Privacy Act Office will respond to you in writing
within twenty days after we receive your request, if it meets the
requirements of this subpart. We may extend the response time in
unusual circumstances, such as the need to consult with another agency
about a record or to retrieve a record shipped offsite for storage.
(b) What will our response include? Our written response will
include our determination whether to grant or deny your request in
whole or in part, a brief explanation of the reasons for the
determination, and the amount of the fee charged, if any, under Sec.
2004.25. If you requested access to records, we will make the records,
if any, available to you. If you requested amendment or correction of a
record, the response will describe any amendments or corrections made
and advise you of your right to obtain a copy of the amended or
corrected record.
(c) Adverse determinations--(1) What is an adverse determination?
An adverse determination is a response to a Privacy Act request that:
(i) Withholds any requested record in whole or in part;
(ii) Denies a request to amend or correct a record in whole or in
part;
(iii) Declines to provide an accounting of disclosures;
(iv) Advises that a requested record does not exist or cannot be
located;
(v) Finds that what you requested is not a record subject to the
Privacy Act; or
(vi) Advises on any disputed fee matter.
(2) Responses that include an adverse determination. If the Privacy
Act Office makes an adverse determination with respect to your request,
our written response will identify the person responsible for the
adverse determination, that the adverse determination is not a final
agency action, and that you may appeal the adverse determination under
Sec. 2004.24.
Sec. 2004.24 What can I do if I am dissatisfied with USTR's response
to my Privacy Act request?
(a) What can I appeal? You can appeal any adverse determination in
writing to our Privacy Act Appeals Committee within thirty calendar
days after the date of our response. We provide a list of adverse
determinations in Sec. 2004.23(c).
(b) How do I make an appeal?--(1) What should I include? You may
appeal by submitting a written statement giving the reasons why you
believe the Committee should overturn the adverse determination. Your
written appeal may include as much or as little related information as
you wish to provide, as long as it clearly identifies the determination
(including the request number, if known) that you are appealing.
(2) Where do I send my appeal? You should mark both your letter and
the envelope, or the subject of your email, ``Privacy Act Appeal''. To
avoid mail delivery delays caused by heightened security, we strongly
suggest that you email any appeal to PRIVACY@ustr.eop.gov. Our mailing
address is: Privacy Office, Office of the US Trade Representative,
Anacostia Naval Annex, Building 410/Door 123, 250 Murray Lane SW.,
Washington, DC 20509.
(c) Who will decide your appeal? (1) The Privacy Act Appeals
Committee or designee will act on all appeals under this section.
(2) We ordinarily will not adjudicate an appeal if the request
becomes a matter of litigation.
(3) On receipt of any appeal involving classified information, the
Privacy Act Appeals Committee must take appropriate action to ensure
compliance with applicable classification rules.
(d) When will we respond to your appeal? The Privacy Act Appeals
Committee will notify you of its appeal decision in writing within
thirty days from the date it receives an appeal that meets the
requirements of paragraph (b) of this section. We may extend the
response time in unusual circumstances, such as the need to consult
with another agency about a record or to retrieve a record shipped
offsite for storage.
(e) What will our response include? The written response will
include the Committee's determination whether to grant or deny your
appeal in whole or in part, a brief explanation of the reasons for the
determination, and information about the Privacy Act provisions for
court review of the determination.
(1) Appeals concerning access to records. If your appeal concerns a
request for access to records and the appeal is granted in whole or in
part, we will make the records, if any, available to you.
(2) Appeals concerning amendments or corrections. If your appeal
concerns amendment or correction of a record, the response will
describe any amendment or correction made and advise you of your right
to obtain a copy of the amended or corrected record. We will notify all
persons, organizations or Federal agencies to which we previously
disclosed the record, if an accounting of that disclosure was made,
that the record has been amended or corrected. Whenever the record is
subsequently disclosed, the record will
[[Page 18988]]
be disclosed as amended or corrected. If our response denies your
request for an amendment or correction to a record, we will advise you
of your right to file a statement of disagreement under paragraph (f)
of this section.
(f) Statements of disagreement--(1) What is a statement of
disagreement? A statement of disagreement is a concise written
statement in which you clearly identify each part of any record that
you dispute and explain your reason(s) for disagreeing with our denial
in whole or in part of your appeal requesting amendment or correction.
(2) How do I file a statement of disagreement? We must receive your
statement of disagreement within thirty calendar days of our denial in
whole or in part of your appeal concerning amendment or correction of a
record.
(3) What will we do with your statement of disagreement? We will
place your statement of disagreement in the system(s) of records in
which the disputed record is maintained. We also may append a concise
statement of our reason(s) for denying the request to amend or correct
the record. Whenever the record is subsequently disclosed, the record
will be disclosed along with your statement of disagreement and our
explanation, if any.
(g) When appeal is required. Before seeking review by a court of an
adverse determination or denial of a request, you generally first must
submit a timely administrative appeal under this section.
Sec. 2004.25 What does it cost to get records under the Privacy Act?
(a) Your request is an agreement to pay fees. We consider your
Privacy Act request as your agreement to pay all applicable fees unless
you specify a limit on the amount of fees you agree to pay. We will not
exceed the specified limit without your written agreement.
(b) How do we calculate fees? We will charge a fee for duplication
of a record under the Privacy Act in the same way we charge for
duplication of records under the FOIA in Sec. 2004.9. There are no
fees to search for or review records requested under the Privacy Act.
Sec. 2004.26 Are there any exemptions from the Privacy Act?
(a) What is a Privacy Act exemption? The Privacy Act authorizes
USTR to exempt records or information in a system of records from some
of the Privacy Act requirements, if we determine that the exemption is
necessary. With the exception of certain law enforcement records, we
will not provide you with an accounting of disclosures or make
available to you records that are exempt.
(b) How do I know if the records or information I want are exempt?
Each USTR system of records notice will advise you if we have
determined that records or information in records are exempt from
Privacy Act requirements. If we have claimed an exemption for a system
of records, the system of records notice will identify the exemption
and the provisions of the Privacy Act from which the system is exempt.
Sec. 2004.27 How are records secured?
(a) Controls. USTR must establish administrative and physical
controls to prevent unauthorized access to its systems of records,
unauthorized or inadvertent disclosure of records, and physical damage
to or destruction of records. The stringency of these controls
corresponds to the sensitivity of the records that the controls
protect. At a minimum, the administrative and physical controls must
ensure that:
(1) Records are protected from public view;
(2) The area in which records are kept is supervised during
business hours to prevent unauthorized persons from having access to
them;
(3) Records are inaccessible to unauthorized persons outside of
business hours; and
(4) Records are not disclosed to unauthorized persons or under
unauthorized circumstances in either oral or written form.
(b) Limited access. Access to records is restricted only to
individuals who require access in order to perform their official
duties.
Sec. 2004.28 Use and collection of Social Security numbers.
We will collect Social Security numbers only when it is necessary
and we are authorized to do so. At least annually, the Privacy Act
Office will inform employees who are authorized to collect information
that:
(a) Individuals may not be denied any right, benefit or privilege
as a result of refusing to provide their Social Security numbers,
unless the collection is authorized either by a statute or by a
regulation issued prior to 1975; and
(b) They must inform individuals who are asked to provide their
Social Security numbers:
(1) If providing a Social Security number is mandatory or
voluntary;
(2) If any statutory or regulatory authority authorizes collection
of a Social Security number; and
(3) The uses that will be made of the Social Security number.
Sec. 2004.29 Employee responsibilities under the Privacy Act.
At least annually, the Privacy Act Office will inform employees
about the provisions of the Privacy Act, including the Act's civil
liability and criminal penalty provisions. Unless otherwise permitted
by law, a USTR employee must:
(a) Collect from individuals only information that is relevant and
necessary to discharge USTR's responsibilities.
(b) Collect information about an individual directly from that
individual whenever practicable.
(c) Inform each individual from whom information is collected of:
(1) The legal authority to collect the information and whether
providing it is mandatory or voluntary;
(2) The principal purpose for which USTR intends to use the
information;
(3) The routine uses, i.e., disclosures of records and information
contained in a system of records without the consent of the subject of
the record, USTR may make; and
(4) The effects on the individual, if any, of not providing the
information.
(d) Ensure that the employee's office does not maintain a system of
records without public notice and notify appropriate officials of the
existence or development of any system of records that is not the
subject of a current or planned public notice.
(e) Maintain all records that are used in making any determination
about an individual with such accuracy, relevance, timeliness and
completeness as is reasonably necessary to ensure fairness to the
individual in the determination.
(f) Except for disclosures made to an agency or under the FOIA,
make reasonable efforts, prior to disseminating any record about an
individual, to ensure that the record is accurate, relevant, timely and
complete.
(g) When required by the Privacy Act, maintain an accounting in the
specified form of all disclosures of records by USTR to persons,
organizations or agencies.
(h) Maintain and use records with care to prevent the unauthorized
or inadvertent disclosure of a record to anyone.
(i) Notify the appropriate official of any record that contains
information that the Privacy Act does not permit USTR to maintain.
[[Page 18989]]
PART 2005--[REMOVED]
0
8. Under the authority of 19 U.S.C. 2171(e)(3), remove part 2005.
Janice Kaye,
Chief Counsel for Administrative Law, Office of the U.S. Trade
Representative.
[FR Doc. 2017-08364 Filed 4-24-17; 8:45 am]
BILLING CODE 3290-F7-P