Privacy Act of 1974; System of Records, 2930-2932 [2024-00643]

Agencies

• Consumer Product Safety Commission

[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

[[Page 2931]]

eRulemaking Portal at: https://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: https://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 https://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.

[[Page 2932]]

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