[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Rules and Regulations]
[Page 48756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24715]



[[Page 48756]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1014


Privacy Act of 1974; Specific Exemptions

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (``Commission'') is 
issuing 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: Effective September 17, 1997.

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.
    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. The Commission 
proposed on June 2, 1997, 62 FR 29680, to add a new paragraph (c) to 
Sec. 1014.12 to exempt the enforcement and litigation files from 
certain requirements of the Privacy Act.
    No comments have been received and the Commission is now issuing 
the proposal as a final rule.
    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, 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 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).


Sec. 1014.12   [Amended]

    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: September 12, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-24715 Filed 9-16-97; 8:45 am]
BILLING CODE 6355-01-P