[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Proposed Rules]
[Pages 29680-29681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14335]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1014


Privacy Act of 1974; Implementation; Specific Exemptions

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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SUMMARY: The Consumer Product Safety Commission (``Commission'') is 
proposing a rule to exempt a system of records from certain provisions 
of the Privacy Act of 1974, 5 U.S.C. 552a (``Privacy Act''), to the 
extent that the system contains investigatory material pertaining to 
the enforcement of criminal laws or compiled for law enforcement 
purposes.

DATES: Comments must be received by July 2, 1997.

ADDRESSES: Comments should be mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT: Joseph F. Rosenthal, Office of the 
General Counsel, Consumer Product Safety Commission, Washington, DC 
20207, telephone 301-504-0980.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Commission, 
under a variety of statutes, is authorized to enforce its statutes and 
regulations through administrative actions and civil and criminal 
litigation. Preparation for, and conduct of, enforcement actions 
requires the compilation of investigatory materials such as memoranda, 
investigative reports, correspondence, test reports, injury reports, 
and the like in a manner that facilitates easy retrieval. The two 
offices of the Commission that conduct enforcement actions, the Office 
of Compliance and the Office of the General Counsel, maintain such 
documentation in a system of records, identified as ``Enforcement and 
Litigation Files--CPSC-7.'' Disclosure of information in these 
investigatory files or disclosure of the identity of confidential 
sources could seriously undermine the effectiveness of the Commission's 
enforcement actions. For example, premature disclosure of information 
in such files could enable subjects of an enforcement action to conceal 
or destroy evidence, or escape prosecution. Premature disclosure of 
this information could also lead to the possible intimidation of, or 
harm to, informants, witnesses, or Commission personnel and their 
families. Further, the imposition of certain Privacy Act restrictions 
on the manner in which information is collected, verified, or retained 
could significantly impede the effectiveness of an enforcement action.
    Thus, the Commission is proposing to issue a rule to exempt this 
system of records from certain provisions of the Privacy Act where 
application of the Privacy Act would interfere with the investigation 
and conduct of an

[[Page 29681]]

enforcement action. Section (k)(2) of the Privacy Act, 5 U.S.C. 
552a(k)(2), provides the authority for agencies to exempt records 
containing investigatory material compiled for law enforcement purpose 
from certain other provisions of the Act.
    16 CFR 1014.12 currently exempts other systems of records from 
certain requirements of the Privacy Act. This rule adds a new paragraph 
to Sec. 1014.12 to exempt the enforcement and litigation files from 
certain requirements of the Privacy Act.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Commission certifies that this rule will not have a 
significant impact on a substantial number of small entities. Since the 
rule does not require any actions to be taken, the Commission also 
certifies that this rule will have no environmental impact, will not 
preempt any state or local laws or regulations, and will have no impact 
on family maintenance and well being and no implications for 
federalism.

List of Subjects in 16 CFR Part 1014

    Privacy.

    For the reason stated in the preamble, Chapter II, Title 16 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 1014--POLICIES AND PROCEDURES IMPLEMENTING THE PRIVACY ACT OF 
1974

    1. The authority citation for part 1014 continues to read as 
follows:

    Authority: Privacy Act of 1974 (5 U.S.C. 552a).

    2. Section 1014.12, Specific exemptions, is amended by adding 
paragraph (c) to read as follows:
* * * * *
    (c) Enforcement and Litigation Files--CPSC-7.  All portions of this 
system of records that fall within 5 U.S.C. 552a(k)(2) (investigatory 
materials compiled for law enforcement purposes) are exempt from 5 
U.S.C. 552a(c)(3) (mandatory accounting of disclosures); 5 U.S.C. 
552a(d) (access by individuals to records that pertain to them); 5 
U.S.C. 552a(e)(1) (requirement to maintain only such information as is 
relevant and necessary to accomplish an authorized agency purpose); 5 
U.S.C. 552a(e)(4)(G) (mandatory procedures to notify individuals of the 
existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H) 
(mandatory procedures to notify individuals how they can obtain access 
to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I) 
(mandatory disclosure of records source categories); and the 
Commission's regulations in 16 CFR part 1014 that implement these 
statutory provisions.

    Dated: May 27, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-14335 Filed 5-30-97; 8:45 am]
BILLING CODE 6355-01-P