[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57982-57983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28125]
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POSTAL RATE COMMISSION
39 CFR Part 3003
[Order No. 1269; Docket No. RM99-4]
Privacy Act; Implementation
AGENCY: Postal Rate Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adopting previously-proposed revisions to
its rules of practice implementing the Privacy Act of 1974. The
substantive changes conform the rules to prevailing law. Editorial
changes improve clarity.
DATES: Effective November 29, 1999.
ADDRESSES: Send correspondence regarding this document to the attention
of Margaret P. Crenshaw, Secretary, Postal Rate Commission, 1333 H
Street NW., Washington, DC 20268-0001.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
Postal Rate Commission, 1333 H Street NW., Suite 300, Washington, DC
20268-0001, 202-789-6820.
SUPPLEMENTARY INFORMATION: In Order No. 1256 (published at 64 FR 49120
on September 10, 1999), the Commission proposed revisions to its rules
implementing the Privacy Act of 1974 (39 CFR part 3003). The proposed
revisions clarified application of the rules and shortened and
simplified the text. The Commission invited comments on its proposal,
but no comments were received.
The Commission has reviewed its initial proposal, and has
determined that adoption of the revisions as previously published is
appropriate. Part I explains the changes. Part II summarizes the effect
of the changes on organization of the rules. Part III sets out the
final rules.
Part I--Background
The Commission's rules implementing the Privacy Act have been
amended only in minor respects since their original adoption shortly
after the passage of the Act in 1974. The current rules have operated
adequately, but it is apparent on review that they are capable of both
substantive and editorial improvement. Accordingly, the Commission
adopts a redrafted set of rules to replace those currently contained in
part 3003.
The substantive changes in the final rule conform them more closely
to prevailing standards of Privacy Act administration without altering
the rights of individuals or the obligations of the Commission under
the Act. The special procedure for access to medical records contained
in current Sec. 3003.6, under which access to such records is
contingent on the judgment of the Commission's chief administrative
officer, is eliminated in favor of the general access provision in
Sec. 3003.4. Section 3003.2 eliminates some unnecessary definitions,
links others to the text of the Privacy Act, and rewords other
definitions slightly for the sake of clarity. Also for clarification,
Sec. 3003.1 adds a statement indicating that the Commission's Privacy
Act rules are not intended either to broaden or narrow the scope of an
individual's rights afforded by the Act.
The final rules alter the substance of the current rules pertaining
to requests for individual records and appeals of denials only in minor
ways, but they appreciably shorten and simplify the provisions.
Language that does not relate directly to the exercise of rights by
individuals under the Privacy Act, and thus is unnecessary, is not
included in the final rules. Additionally, the language of the current
rules is generally simplified and shortened without affecting
individuals' exercise of their rights or the Commission's performance
of its obligations under the Privacy Act.
Part II--Effect on Organization of the Commission's Rules
The set of revisions adopted here operate as a complete replacement
for the existing rules.
Part III--Final Rule
The text of the final rule appears below.
Dated: October 22, 1999.
Margaret P. Crenshaw,
Secretary.
List of Subjects in 39 CFR Part 3003
Administrative practice and procedure; Archives and records;
Privacy; Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, 39 CFR part 3003 is
revised as follows:
PART 3003--PRIVACY ACT RULES
Sec.
3003.1 Purpose and scope.
3003.2 Definitions.
3003.3 Procedures for requesting inspection, copying, or
correction.
3003.4 Response to a request.
3003.5 Appeals of denials of access or amendment.
3003.6 Fees.
3003.7 Exemptions.
Authority: Privacy Act of 1974 (Pub. L. 93-579), 5 U.S.C. 552a.
Sec. 3003.1 Purpose and scope.
This part implements the Privacy Act of 1974 (5 U.S.C. 552a) by
establishing Commission policies and procedures that permit individuals
to obtain access to and request amendment of information about
themselves that is maintained in systems of records. This part does not
expand or restrict any rights granted under the Privacy Act of 1974.
Sec. 3003.2 Definitions.
For purposes of this part:
(a) Commission means the Postal Rate Commission.
(b) Individual, record, and system of records have the meanings
specified in 5 U.S.C. 552a(a).
(c) Day means a calendar day and does not include Saturdays,
Sundays, and legal holidays.
Sec. 3003.3 Procedures for requesting inspection, copying, or
correction.
(a) An individual who--
(1) Wishes to know whether a Commission system of records contains
a record about him or her,
(2) Seeks access to a Commission record about him or her that is
maintained in a system of records (including the accounting of
disclosures), or
(3) Seeks to amend a record about him or her that is maintained in
a system of records, may file a written request with the chief
administrative officer of the Commission at the Commission's current
address (1333 H Street NW., Suite 300, Washington, DC 20268-0001). The
request should state on the outside of the envelope and in the request
that it is a Privacy Act request.
(b) A request for amendment must describe the information sought to
be amended and the specific reasons for the amendment.
(c) A requester--
[[Page 57983]]
(1) May request an appointment to inspect records at the
Commission's offices between the hours of 8 a.m. and 4:30 p.m. on any
day;
(2) Must present suitable identification, such as a driver's
license, employee identification card, or Medicare card;
(3) If accompanied by another individual, must sign a statement, if
requested by the chief administrative officer, authorizing discussion
of his or her record in the presence of that individual;
(4) Who files a request by mail must include his or her date of
birth, dates of employment at the Commission (if applicable), and
suitable proof of identity, such as a facsimile of a driver's license,
employee identification card, or Medicare card; and
(5) Must, if requested by the chief administrative officer, provide
additional proof of identification.
Sec. 3003.4 Response to a request.
(a) In the case of a request for notice of the existence of a
record, the chief administrative officer shall respond within 10 days
of receipt of a request and shall inform the individual whether a
system of records maintained by the Commission contains such a record.
(b) In the case of a request for access to a record or for a copy
of a record, the chief administrative officer shall acknowledge the
request within 10 days and shall promptly thereafter--
(1) Fulfill the request by mail or arrange for an inspection by the
requester in the Commission's offices; or
(2) If the request is denied, notify the requester of the denial,
the reasons for the denial, the procedures for appealing the refusal,
and the name and address of the Chairman of the Commission who will
consider an appeal.
(c) In the case of a request for amendment, the chief
administrative officer shall
(1) Acknowledge the request in writing within 10 days;
(2) Promptly review the record; and
(3)(i) Make any requested amendment of a record found to be not
accurate, relevant, timely, or complete; notify the requester of the
change and provide a copy of the corrected record; and notify any
previous recipient of the record (excluding Commission staff who
obtained the record in the performance of their duties and recipients
under the Freedom of Information Act) of any change; or
(ii) Inform the requester of a refusal to amend the record, the
reasons for the refusal, the procedures for appealing the refusal, and
the name and address of the Chairman of the Commission who will
consider an appeal.
Sec. 3003.5 Appeals of denials of access or amendment.
(a) If a request for access to or amendment of a record is denied,
the requester may file a written appeal with the Chairman of the
Commission. The Chairman will decide each appeal within 30 days of
receipt unless the Chairman has, for good cause, extended the period
for another 30 days.
(b) If an appeal is denied, the requester will be notified of the
decision, the reasons for the denial, the right to file a concise
statement of disagreement, the procedures for filing a statement of
disagreement, the subsequent uses of a statement of disagreement, and
of the right to seek judicial review in accordance with subsection (g)
of the Privacy Act.
Sec. 3003.6 Fees.
The first copy of any record furnished under the Privacy Act of
1974 will be provided without charge. Additional copies will be charged
at the cost of reproduction.
Sec. 3003.7 Exemptions.
The Postal Rate Commission has not established any exempt system of
records.
[FR Doc. 99-28125 Filed 10-27-99; 8:45 am]
BILLING CODE 7710-FW-P