[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15177] [[Page Unknown]] [Federal Register: June 22, 1994] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1014 Privacy Act of 1974; Specific Exemptions AGENCY: Consumer Product Safety Commission. ACTION: Final rule. ----------------------------------------------------------------------- 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. The system of records includes the investigative files of the Office of Inspector General of the Commission. EFFECTIVE DATE: July 22, 1994. FOR FURTHER INFORMATION CONTACT: Richard W. Allen, Counsel to the Inspector General, Office of the General Counsel, Consumer Product Safety Commission, Washington, DC 20207, telephone 301-504-0980. SUPPLEMENTARY INFORMATION: Background The Commission proposed this rule on August 2, 1990, at 55 FR 31404. No comments have been received, and the rule is being issued without change except for a fuller description of the record system subject to the rule and the correction of typographical errors. The purpose and effect of the rule is set forth below. The Inspector General Act, 5 U.S.C. App., authorizes the Office of Inspector General of the Commission to conduct investigations to detect fraud and abuse in the programs and operations of the Commission and to assist in the prosecution of participants in such fraud or abuse. The Office of Inspector General of the Commission maintains information in a system of records, identified as ``Office of the Inspector General Investigative Files--CPSC-6,'' pursuant to its law enforcement and criminal investigation functions. Disclosure of information in these investigatory files or disclosure of the identity of confidential sources could seriously undermine the effectiveness of the Inspector General's investigations. For example, premature disclosure of information of such investigations could enable suspects to take action to prevent detection of criminal activities, 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 investigative 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 the Inspector General's investigations and could preclude the apprehension and successful prosecution of persons engaged in fraud or criminal activity. Thus, the Commission is issuing 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 conduct of an investigation by the Inspector General. 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. The information in this system of records may also be used for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment. Section (k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), provides that investigatory material compiled solely for those purposes may be exempted from certain other provisions of the Privacy Act, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information under an express promise that the identity of the source would be held in confidence. The rule being issued provides for such exemptions. 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 Inspector General's investigative 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 the amendment to 16 CFR 1014.12, Specific Exemptions, will not have a significant impact on a substantial number of small entities. 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 (b) to read as follows: * * * * * (b) Inspector General Investigative Files--CPSC-6. All portions of this system of records which fall within 5 U.S.C. 552a(k)(2) (investigatory materials compiled for law enforcement purposes) and 5 U.S.C. 552a(k)(5) (investigatory materials solely compiled for suitability determinations) 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 which implement these statutory provisions. Dated: June 17, 1994. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. [FR Doc. 94-15177 Filed 6-21-94; 8:45 am] BILLING CODE 6355-01-P