[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
