[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2930-2932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00643]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2024-0001]
Privacy Act of 1974; System of Records
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Consumer Product
Safety Commission (CPSC) is proposing changes to one system of records
notice (SORN). CPSC is proposing to amend CPSC-25--FOIAXpress System of
Records (FOIAXpress). The amendment will, in addition to de minimis
changes, expand the routine uses to allow the National Archives and
Records Administration, Office of Government Information Services
(OGIS), access to records contained in the system to the extent
necessary to fulfill its responsibilities, to review administrative
agency policies and procedures relating to the Freedom of Information
Act (FOIA) and compliance with the FOIA, and to facilitate OGIS's
offering of mediation services to resolve disputes between persons
making FOIA requests and administrative agencies.
DATES: Comments must be received no later than February 16, 2024. The
modified system of records described here will become effective
February 16, 2024 unless CPSC receives comments contrary to the
proposed amendments.
ADDRESSES: Comments, identified by Docket No. CPSC-2024-0001, can be
submitted electronically or in writing:
Electronic Submissions: Submit electronic comments to the Federal
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eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. CPSC does not accept comments
submitted by electronic mail (email), except through
www.regulations.gov. CPSC encourages you to submit electronic comments
by using the Federal eRulemaking Portal, described above.
Written Submissions: Submit written submissions by Mail/Hand
delivery/Courier (for paper, disk, or CD-ROM submissions) to the Office
of the General Counsel, Division of the Secretariat, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: 800-638-2772.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to: http://www.regulations.gov, including any
personal information provided. Do not submit electronically any
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public. If you wish to provide such information, please submit
it in writing.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, CPSC-2024-0001, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Abioye Mosheim Oyewole, Assistant
General Counsel, Office of the General Counsel, Division of Information
Access, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda MD 20814, (301) 504-7454.
SUPPLEMENTARY INFORMATION: CPSC is proposing to amend the routine uses
of CPSC-25, FOIAXpress, to: routinely share FOIA records with the
Office of Government Information Services (OGIS); include medical and
police reports as well as photographs as categories of records; add
manufacturers, medical examiners, hospitals, and police and other law
enforcement entities as records sources; and make conforming amendments
(including updating contact information) and revise subheadings to
follow the current SORN format.
CPSC sent a report to Congress and the Office of Management and
Budget for their evaluation. For the public's convenience, CPSC's
amended system of records is published in full below. The proposed
changes to CPSC-25 are italicized.
Authority: 5 U.S.C. 552 and 5 U.S.C. 552a.
SYSTEM NAME AND NUMBER:
CPSC-25, FOIAXpress System of Records (FOIAXpress).
SECURITY CLASSIFICATION:
Not classified.
SYSTEM LOCATION:
Office of the General Counsel, Division of Information Access,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814.
SYSTEM MANAGER(S):
Chief FOIA Officer, Office of the General Counsel, Division of
Information Access, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814.
PURPOSE(S) OF THE SYSTEM:
The CPSC uses this system to store, track, and manage requests for
records under the Freedom of Information Act and the Privacy Act, and
responses to those requests.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, classes of individuals, or representatives designated
to act on behalf of individuals who request records from CPSC pursuant
to the FOIA and the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Correspondence and supporting documentation submitted to and
created by the Commission to request records under the FOIA and the
Privacy Act. Complaints submitted by consumers gathered in response to
FOIA and Privacy Act requests. In-depth Investigation Reports created
by the Commission during investigations regarding the safety of
consumer products. Records contain individuals' personally identifiable
information, including names, addresses, cities, states, telephone
numbers, fax numbers, email addresses, medical examiner reports, and
police reports, photographs of consumers and, where applicable, their
residences or other personal items relevant to the consumers'
complaints or investigations into their complaints.
RECORD SOURCE CATEGORIES:
Information in these records is furnished by: (1) the individual to
whom the record pertains; (2) CPSC staff; (3) manufacturers responding
to notices of proposed disclosure; (4) medical examiners and hospitals;
and (5) police and other law enforcement officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. These records are used to record the requesting individual's
address so a response can be forwarded.
2. These records are used to record the specific information that
the individual is seeking so that the information we provide is
responsive to the request.
3. Staff will search the records to determine which requests have
been filled and which are still pending.
4. CPSC will use these records to prepare an annual report of FOIA
activities at the end of each fiscal year and submit the report to the
Attorney General, through the Department of Justice, Office of
Information Policy.
5. Disclosure may be made to appropriate agencies, entities, and
persons when: (1) CPSC suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) CPSC has determined that as a result of the suspected
or confirmed compromise, there is a risk of harm to the security or
integrity of this system or other systems or programs (whether
maintained by CPSC or another agency or entity) that rely upon the
compromised information; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with CPSC's efforts to respond to the suspected or confirmed
compromise, and to prevent, minimize, or remedy such harm.
6. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
FOIA, and to facilitate OGIS' offering of mediation services to resolve
disputes between persons making FOIA requests and administrative
agencies.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are created or ingested into the FOIAXpress software
application and stored accordingly. Records received in paper format
are ingested into FOIAXpress, then paper copies are destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved using a requester's first and/or last name,
or a randomly generated FOIA request number associated with each
request.
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POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FOIA and Privacy Act request records are maintained electronically
in FOIAXpress according to the National Archives and Records
Administration's General Records Schedule 4.2. Records are destroyed at
the end of their retention period.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FOIAXpress is protected by security protocols, which include
controlled access, passwords, and other security features. Paper
documents are secured in a locked office. The Commission limits access
to FOIAXpress by putting users into predefined user roles with specific
permissions for each role that dictate what abilities each user has on
the system. Once a user is logged into the system, the software records
when each visit occurred and logs every page and action performed. Only
authorized staff have permission to access the system. Once a user has
been assigned a role that allows access, then the individual can access
the system, as needed.
RECORD ACCESS PROCEDURES:
Chief FOIA Officer, Office of the General Counsel, Division of
Information Access, 4330 East West Highway, Bethesda, MD 20814,
[email protected].
CONTESTING RECORD PROCEDURES:
Chief FOIA Officer, Office of the General Counsel, Division of
Information Access, 4330 East West Highway, Bethesda, MD 20814,
[email protected].
NOTIFICATION PROCEDURES:
Chief FOIA Officer, Office of the General Counsel, Division of
Information Access, 4330 East West Highway, Bethesda, MD 20814,
[email protected].
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
CPSC 25--FOIAXpress (last published at 77 FR 29596, FR Doc. 2012-
12060 (May 18, 2012).
Alberta Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2024-00643 Filed 1-16-24; 8:45 am]
BILLING CODE 6355-01-P