Privacy Act; New Exempt System of Records

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BILLING CODE 4910-13-M FEDERAL TRADE COMMISSION 16 CFR Part 4 Privacy Act; New Exempt System of Records AGENCY: Federal Trade Commission (FTC].

a c t io n : Final rule. s u m m a r y: The FTC amends Commission Rule 4.13(m) to include the “Office of Inspector General Investigatory Files—FTC” as a new exempt system of records under the Privacy Act of 1974, as amended. This action also renders effective the Privacy Act system notice previously published for this system of records. EFFECTIVE DATE: September 13,1990, FOR FURTHER INFORMATION CONTACT: Alex Tang, Attorney, Office of the General Counsel (OGC), FTC, 6th Street and Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-2447. SUPPLEMENTARY INFORMATION: The FTC received no comments from the general public in response to the proposed Privacy Act system notice and corresponding amendment to Commission Rule 4.13(m), 16 CFR 4.13(m), establishing and designating the investigatory files of the Office of Inspector General (GIG] as an exempt system of records within the meaning of the Privacy Act, 5 U.S.C. 552a. See 55 FR 20469 and 20527 (May 17,1990} (proposed rule amendment and system notice, respectively). A comment from the House Subcommittee on Government Information suggested deleting the propopsed Q){2} exemption for criminal investigatory records unless the OIG maintains an investigatory subunit. As already explained, the proposed system contains OIG investigatory records, and those records are generated or compiled by an investigatory staff subunit of the OIG. Accordingly, by this notice, the FTC formally adopts its proposed amendment to Rule 4.13(m) without change. This action makes the proposed system notice effective without change. List of Subjects in 16 CFR Part 4 Administrative practice and procedure, Freedom of Information, Privacy, Sunshine Act.

In-consideration of the foregoing, the FTC amends title 16, chapter I, subchapter A of the Code of Federal Regulations, as follows: PART 4— MISCELLANEOUS RULES 1. The authority for part 4 continues to read as follows:

Authority: Sec. 6, 38 Slat. 721; 15 U.S.C. 46. 2. Section 4.13fm) is amended by adding the following text to the end of the existing text:

§ 4.13 Specific exemptions. * * * * * (m) * * * Office of Inspector General Investigative File»—FTC In addition, pursuant to 5 U.S.C. 552a(j}f2}, investigatory materials

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Federal Register / Vol. 55, No. 178 / Thursday, September 13, 1990 / Rules and Regulations 37701 maintained by an agency component in connection with any activity relating to criminal law enforcement in the following systems of records are exempt from all subsections of 5 U.S.C. 552a, except (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i), and from the provisions of this section, except as otherwise provided in 5 U.S.C. 552a(j)(2):

Office of Inspector General Investigative Files—FTC By direction of the Commission. Donald S. dark, Secretary.

(FR Doc. 90-21581 Filed 9-12-90; 8:45 am)