Privacy Act of 1974; Proposed Republication and Altered Systems of Records, 37959-37970 [E8-15041]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
A copy of an employee’s Department
of the Treasury Form W–2, Wage and
Tax Statement, also is disclosed to the
state, city, or other local jurisdiction
which is authorized to tax the
employee’s compensation. The record
will be provided in accordance with a
withholding agreement between the
state, city or other local jurisdiction and
the Department of the Treasury
pursuant to 5 U.S.C. 5516, 5517, and
5520, or, in the absence thereof, in
response to a written request from an
appropriate official of the taxing
jurisdiction to the Secretary, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001. The request must include
a copy of the applicable statute or
ordinance authorizing the taxation of
compensation and should indicate
whether the authority of the jurisdiction
to tax the employee is based on place of
residence, place of employment, or
both. Pursuant to a withholding
agreement between a city and the
Department of the Treasury (5 U.S.C.
5520), copies of executed city tax
withholding certificates shall be
furnished to the city in response to
written request from an appropriate city
official to the Secretary at the above
address.
In the absence of a withholding
agreement, the Social Security Number
will be furnished only to a taxing
jurisdiction which has furnished this
agency with evidence of its independent
authority to compel disclosure of the
Social Security Number, in accordance
with section 7 of the Privacy Act, Public
Law 93–579.
maintained as hard copy documents by
the FMC’s Office of Human Resources in
secured cabinets located within a
secured room.
Disposition of records shall be in
accordance with General Records
Schedule 2.
SYSTEM MANAGER(S) AND ADDRESS:
Director of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
The subject individual; the
Commission.
FMC–34
SYSTEM NAME:
Office of Financial Management,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
This system is covered by the General
Services Administration’s governmentwide system notice, GSA/GOVT–3.
Paper records are stored in Official
Personnel Folders and payroll files at
the FMC. Electronic records reside at
the National Finance Center.
RETRIEVABILITY:
Hard copy records are retrievable by
name. Electronic data can be retrieved
by Social Security Number.
FMC–35
SYSTEM NAME:
Transit Benefits File—FMC.
jlentini on PROD1PC65 with NOTICES
SAFEGUARDS:
Electronic records are stored at the
National Finance Center, which is
located in a secured Federal complex
with controlled access. Access to data is
limited to those individuals to whom
NFC has granted access/security. Output
documents from the system are
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
FMC–36
SmartPay Purchase Charge Card
Program—FMC.
SYSTEM LOCATION:
Office of Management Services,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
This system is covered by the General
Services Administration’s governmentwide system notice, GSA/GOVT–6.
By the Commission.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E8–15037 Filed 7–1–08; 8:45 am]
BILLING CODE 6730–01–P
RECORD ACCESS PROCEDURES:
SYSTEM LOCATION:
STORAGE:
government-wide system notice, DOT/
ALL–8.
SYSTEM NAME:
RETENTION AND DISPOSAL:
Travel Charge Card Program—FMC.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
37959
SYSTEM LOCATION:
Office of Management Services,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
This system is covered by the
Department of Transportation’s
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
FEDERAL MARITIME COMMISSION
Privacy Act of 1974; Proposed
Republication and Altered Systems of
Records
June 27, 2008.
Federal Maritime Commission.
Notice of republication and
altered systems of records.
AGENCY:
ACTION:
SUMMARY: This Notice proposes the
amendment of various Privacy Act
Systems of Records maintained by the
Commission and republication of the
agency’s complete Systems of Records.
DATES: Submit an original and 15 copies
of comments (paper), or e-mail
comments as an attachment in
WordPerfect 10, Microsoft Word 2003,
or earlier versions of these applications,
no later than August 1, 2008. The
alterations will be effective on August
11, 2008, unless comments are received
that would result in a contrary
determination.
ADDRESSES: Address all comments
concerning this notice to: Karen V.
Gregory, Assistant Secretary, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573–
0001, Secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Assistant Secretary,
Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC
20573–0001, (202) 523–5725,
Secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: Notice is
given that, pursuant to the Privacy Act
of 1974, 5 U.S.C. 552a, the Federal
Maritime Commission proposes to
amend various Systems of Records
(‘‘SOR’’) and to republish the complete
SOR.
E:\FR\FM\02JYN1.SGM
02JYN1
37960
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
The following systems are being
deleted: FMC–15 Service Control LineFMC—because the files are no longer
maintained by the Office of Human
Resources; FMC–21—Payroll Records—
because a new system has been
developed which indicates that the
Payroll Records are no longer handled
by the Office of Thrift Supervision; and
FMC–30—Procurement Integrity
Certification Files—because it relates to
the Automated Tariff Filing and
Information System which has been
discontinued.
The Office of Management and Budget
has advised that agencies should
publish a routine use for appropriate
systems of records specifically applying
to the disclosure of information in
connection with response and remedial
efforts in the event of a data breach
involving Personally Identifiable
Information. Accordingly, the following
routine use has been added to each of
the Commission’s SOR:
jlentini on PROD1PC65 with NOTICES
To appropriate agencies, entities, and
persons when (a) The Federal Maritime
Commission suspects or has confirmed that
the security or confidentiality of information
in the system of records has been
compromised; (b) the agency has determined
that as a result of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity theft
or fraud, or harm to the security or integrity
of this system or other systems or programs
(whether maintained by the agency or
another agency or entity) that rely upon the
compromised information; and (c) the
disclosure made to such agencies, entities,
and persons is reasonably necessary to assist
in connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
In addition, minor changes are being
made which reflect organizational name
changes and changes to retention time
periods. Non-substantive editorial
changes are also being made to
appropriate systems. These affected
systems are: FMC–8—Official Personnel
Folder; FMC–9—Training Program
Records; FMC–14—Medical
Examination File; FMC–16—
Classification Appeals File; and FMC–
29—Employee Performance File System
Records. These systems all fall under
the Office of Personnel Management’s
Government-wide SOR. Also, FMC–
25—Inspector General File is being
changed to reflect that investigative files
that do not relate to a specific
investigation, currently retained for ten
years, will now be retained for seven
years. Other investigative case files that
were retained for fifteen years will now
be retained for ten years.
Interested parties may participate by
filing with the Assistant Secretary,
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
Federal Maritime Commission, an
original and 15 copies of their views
and comments (paper), or e-mail
comments as an attachment in
WordPerfect 10, Microsoft Word 2003,
or earlier versions of these applications.
All suggestions for changes should be
accompanied by draft language
necessary to accomplish the desired
changes, and should include supportive
statements and arguments.
A complete Systems of Records
reflecting the above listed changes
follows.
Federal Maritime Commission
Systems of Records
FMC–1 Personnel Security File.
FMC–2 Non-Attorney Practitioner File.
FMC–7 Licensed Ocean Transportation
Intermediaries Files (Form FMC–18).
FMC–8 Official Personnel Folder.
FMC–9 Training Program Records.
FMC–10 Desk Audit File.
FMC–14 Medical Examination File.
FMC–16 Classification Appeals File.
FMC–18 Travel Orders/Vouchers File.
FMC–19 Financial Disclosure Reports and
Other Ethics Program Records.
FMC–22 Records Tracking System.
FMC–24 Informal Inquiries and
Complaints Files.
FMC–25 Inspector General File.
FMC–26 Administrative Grievance File.
FMC–28 Equal Employment Opportunity
Complaints File.
FMC–29 Employee Performance File
System Records.
FMC–31 Debt Collection Files.
FMC–1
SYSTEM NAME:
Personnel Security File—FMC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573–
0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. Employees of the Federal Maritime
Commission. 2. Applicants for
employment with the Federal Maritime
Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
Results of name checks, inquiries, and
investigations to determine suitability
for employment with the U.S.
Government, and for access to classified
information, position sensitivity
designation, and record of security
clearance issued, if any.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Orders 10450, 12958, and
12968.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The records in this system of records
are used or may be used:
1. By Commission officials to
determine suitability for employment of
an applicant or retention of a current
employee and to make a determination
that the employment of an applicant or
retention of a current employee within
the Commission is clearly consistent
with the interests of national security.
2. To refer, where there is an
indication of a violation or potential
violation of law, whether civil or
criminal or regulatory in nature,
information to the appropriate agency,
whether Federal, State, or local, charged
with the responsibility of investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute, rule, regulation or order issued
pursuant thereto.
3. To request from a Federal, State, or
local agency maintaining civil, criminal,
or other relevant enforcement
information, data relevant to a
Commission decision concerning the
hiring or retention of an employee or the
issuance of a security clearance.
4. To provide or disclose information
to a Federal agency in response to its
request in connection with the hiring or
retention of an employee, the issuance
of a security clearance, the letting of a
contract, or the issuance of a license,
grant or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on that
matter.
5. By a court of law or appropriate
administrative board or hearing having
review or oversight authority.
6. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed alphabetically by
name.
SAFEGUARDS:
employment or for access to classified
information, to the extent that
disclosure would reveal the identity of
a source who furnished information to
the Commission under a promise of
confidentiality is exempt from the
provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is required to honor
promises of confidentiality.
Records are maintained in a
combination safe in the custody of the
Information Security Officer, and access
is limited to the Information Security
Officer and the Personnel Security
Officer and his/her duly authorized
representatives.
FMC–2
RETENTION AND DISPOSAL:
Office of Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
Maintain Office of Personnel
Management reports of investigation
and other FMC records on file until
termination of employee from agency.
Destroy within 30 days after employee
leaves the agency.
SYSTEM MANAGER(S) AND ADDRESS:
Information Security Officer, Office of
Human Resources, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
SYSTEM NAME:
Non-Attorney Practitioner File—FMC.
SYSTEM CLASSIFICATION
Unclassified.
SYSTEM LOCATION:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Persons, who are not attorneys, who
apply for permission to practice before
the Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
Application forms containing
descriptions of educational and
professional experience and
qualifications, taxpayer identification
numbers (which may be the social
security number), and letters of
reference in relation to non-attorney
practitioners.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
46 CFR 502.27.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
jlentini on PROD1PC65 with NOTICES
Office of Personnel Management
report, and reports from other Federal
agencies.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information about individuals that
meets the criteria of 5 U.S.C. 552a(k)(5),
regarding suitability, eligibility or
qualifications for Federal civilian
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The records in this system of records
are used or may be used:
1. By personnel of the Secretary’s
Office to determine whether a nonattorney should be admitted to practice
before the Commission.
2. To refer, where there is an
indication of a violation or potential
violation of law, whether civil or
criminal or regulatory in nature,
information to the appropriate agency,
whether Federal, State, or local, charged
with the responsibility of investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute, rule, regulation or order issued
pursuant thereto.
3. To request from a Federal, State, or
local agency maintaining civil, criminal,
or other relevant enforcement
information, data relevant to a
Commission decision concerning the
hiring or retention of an employee, the
issuance of a security clearance, the
letting of a contract, or the issuance of
a license, grant, or other benefit.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
37961
4. To provide or disclose information
to a Federal agency in response to its
request in connection with the hiring or
retention of an employee, the issuance
of a security clearance, the letting of a
contract, or the issuance of a license,
grant or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on that
matter.
5. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Physical records are maintained in
file folders. Electronic records are
maintained in a database on a computer
hard drive.
RETRIEVABILITY:
Physical records are indexed
alphabetically by name. Electronic
records are retrievable by name,
address, company, application date,
admission date, or card number.
SAFEGUARDS:
Physical records are maintained in
file cabinets under the control of
personnel in the Secretary’s office.
Electronic records are password
protected.
RETENTION AND DISPOSAL:
Records are maintained in the Office
of the Secretary for 10 years after
applicant ceases to practice and then are
transferred to the Federal Records
Center. Records are destroyed 20 years
thereafter.
SYSTEM MANAGER(S) AND ADDRESS:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
E:\FR\FM\02JYN1.SGM
02JYN1
37962
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
Applicants.
FMC–7
SYSTEM NAME:
Licensed Ocean Transportation
Intermediaries Files (Form FMC–18).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Bureau of Certification and Licensing,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records are maintained on
individuals, including sole
proprietorships, members of
partnerships, and officers and owners of
corporate licensees, managers and
owners of limited liability companies,
ex-licensees, and applicants for licenses.
jlentini on PROD1PC65 with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
The System contains ocean
transportation intermediaries (OTIs)
names, addresses and taxpayer
identification numbers (which may be
the Social Security Numbers), as well as
the names, addresses, and Social
Security Numbers (or alternatively,
driver’s license numbers, passport
numbers or alien registration numbers)
of the stockholders, officers, and
directors of individual OTIs;
descriptions of the relationships the OTI
may have with other business entities;
corporate organizational documents and
business licenses; a record of the OTI’s
past experience in providing or
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
procuring ocean transportation services;
surety bond information with respect to
licensed OTIs; and any financial
information and/or criminal convictions
pertinent to the licensing of the OTIs.
Under the Shipping Act of 1984, as
amended, OTIs may be either an ocean
freight forwarder, a non-vessel-operating
common carrier or both.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 553; secs. 3, 8, 10, 11, 13, 15,
17 and 19, Shipping Act of 1984
(recodified October 2006 as 46 U.S.C.
305, 40102, 40104, 40501–40503,
40901–40904, 41101–41109, 41302–
41303, and 41305).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information
contained in these records may be
disclosed as follows:
1. By Commission staff for evaluation
of applicants for licensing.
2. By Commission staff for monitoring
the activities of licensees to ensure they
are in compliance with Commission
regulations.
3. To refer, where there is an
indication of a violation or potential
violation of law whether civil, criminal
or regulatory in nature, information to
the appropriate agency, whether
Federal, State, or local, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, rules, regulations, or orders
issued pursuant thereto.
4. To request from a Federal, State, or
local agency maintaining civil, criminal
or other relevant enforcement
information, data relevant to a
Commission decision concerning the
issuance of a license.
5. To provide or disclose information
to a Federal agency in response to its
request in connection with the hiring or
retention of an employee previously
employed by a licensee, the issuance of
a security clearance, the letting of a
contract, or the issuance of a license,
grant, or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on that
matter.
6. To provide or update information
maintained in the U.S. Customs and
Border Protection’s (CBP) Automated
Commercial Environment/International
Trade Data System (ACE/ITDS) to verify
licensed or registered status of OTIs
under Trade Act of 2002 and related
CBP requirements, or any other
successor agency or organization.
7. To appropriate agencies, entities,
and persons when (a) The Federal
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders
and in a personal computer on-site at
Commission headquarters.
RETRIEVABILITY:
Records are indexed by name and
license or organization number.
SAFEGUARDS:
Records are maintained in an area of
restricted accessibility.
RETENTION AND DISPOSAL:
Applicant and licensee files are kept
as long as the application and/or license
is active. Files for withdrawn and
denied applicants, and revoked licenses
remain in the Record Location Center
ten years after final action. After ten
years the files are destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Bureau of Certification and
Licensing, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Request may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
CONTESTING RECORD PROCEDURES:
FMC–10
An individual desiring to amend a
record shall direct such request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
1. Information submitted by
applicants and licensees.
2. Information submitted by
Commission Area Representatives.
3. Information submitted by the
general public (e.g., through
complaints).
4. Information submitted by surety
companies.
5. Information obtained through
Internet Web site searches and selected
commercial and government database
searches conducted by Bureau of
Certification and Licensing staff in
processing OTI license applications
(e.g., Choicepoint and Dun &
Bradstreet).
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information that meets the criteria
of 5 U.S.C. 552a(k)(2) regarding
investigatory materials compiled for law
enforcement purposes is exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is appropriate to avoid
compromise of ongoing investigations,
disclosure of the identity of confidential
sources and unwarranted invasions of
personal privacy of third parties.
FMC–8
SYSTEM NAME:
Official Personnel Folder—FMC.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
This system is covered by the Office
of Personnel Management’s governmentwide system notice, OPM/GOVT–1.
FMC–9
SYSTEM NAME:
Training Program Records—FMC.
jlentini on PROD1PC65 with NOTICES
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573–
0001.
This system is covered by the Office
of Personnel Management’s governmentwide system notice, OPM/GOVT–1.
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
SYSTEM NAME:
Desk Audit File—FMC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees of the
Federal Maritime Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
Each record consists of the position
classification specialist’s notes of
conversations, evaluation reports,
background papers, and/or research
material used to support the final
position classification.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 et seq., 5 U.S.C. 1302
and the regulations issued pursuant
thereto.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information in this system of records
is used or may be used:
1. By Commission officials to support
decisions on the proper classification of
a position.
2. To refer, where there is an
indication of a violation or potential
violation of law, whether civil or
criminal or regulatory in nature,
information to the appropriate agency,
whether Federal, State, or local, charged
with the responsibility of investigating
or prosecuting such violation or charged
with enforcing or implementing the
statute, rule, regulation or order issued
pursuant thereto.
3. To request from a Federal, State, or
local agency maintaining civil, criminal,
or other relevant enforcement
information, data relevant to a
Commission decision concerning the
hiring or retention of an employee, the
issuance of a security clearance, the
letting of a contract, or the issuance of
a license, grant, or other benefit.
4. To provide or disclose information
to a Federal agency in response to its
request in connection with the hiring or
retention of an employee, the issuance
of a security clearance, the letting of a
contract, or the issuance of a license,
grant or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on that
matter.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
37963
5. By the Office of Personnel
Management in the course of an
investigation, or evaluating for
statistical or management analysis
purposes.
6. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed alphabetically by
name.
SAFEGUARDS:
Records are maintained in locked file
cabinets.
RETENTION AND DISPOSAL:
Records are maintained as long as the
position audited remains essential,
current, and accurate, after which they
are destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Director of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
E:\FR\FM\02JYN1.SGM
02JYN1
37964
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
Human Resources Specialists of the
Commission.
FMC–14
SYSTEM NAME:
Medical Examination File—FMC.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
This system is covered by the Office
of Personnel Management’s governmentwide system notice, OPM/GOVT–10.
FMC–16
SYSTEM NAME:
Classification Appeals File-FMC.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
Note: This system is covered by the Office
of Personnel Management’s government-wide
system notice, OPM/GOVT–9.
FMC–18
SYSTEM NAME:
Travel Orders/Vouchers File—FMC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Financial Management,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees of the Federal Maritime
Commission.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system of records are
used or may be used:
1. By the Commission for the
authorization of travel performed by
personnel of the Commission.
2. By the Commission to prepare
travel vouchers for submission to the
Bureau of Public Debt through E-Gov
and to maintain internal control of
travel expenses within this agency.
3. To refer, where there is an
indication of a violation or potential
violation of law, whether civil or
criminal in nature, information to the
appropriate agency, whether Federal,
State or local, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute or rule, regulation or order
issued pursuant thereto.
4. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Records are maintained in file folders.
jlentini on PROD1PC65 with NOTICES
Federal Travel Regulation, 41 CFR
parts 301–304.
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
Individual to whom the record
pertains, hotel bills, individual’s
subsistence record, and Travel Requests
(airline or train).
FMC–19
SYSTEM NAME:
Financial Disclosure Reports and
Other Ethics Program Records.
SYSTEM LOCATION:
Office of the General Counsel, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
Note: This system is covered by the Office
of Government Ethics’ government-wide
systems notices, OGE/GOVT–1 and OGE/
GOVT–2.
Records are maintained in a locking
file cabinet and monitored by the
Director of the Office of Financial
Management.
RETENTION AND DISPOSAL:
The records are maintained for six
years and are then destroyed by
shredding (in accordance with General
Records Schedule 9).
Frm 00037
Records Tracking System.
SYSTEM CLASSIFICATION:
Unclassified.
SAFEGUARDS:
PO 00000
FMC–22
SYSTEM NAME:
RETRIEVABILITY:
CATEGORIES OF RECORDS IN THE SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Director, Office of Financial
Management, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
STORAGE:
Records are indexed by name or
bureau.
The record consists of the initial
travel order for the individual and the
subsequent travel voucher prepared
from information supplied by the
individual which includes hotel bills,
subsistence breakdown, cab fares and
air fares.
SYSTEM MANAGER(S) AND ADDRESS:
Fmt 4703
Sfmt 4703
SYSTEM LOCATION:
Bureau of Enforcement, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573–
0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals whose names may be
found in the system include employees,
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
officers, directors, and owners of ocean
common carriers, non-vessel operating
common carriers, ocean freight
forwarders, passenger vessel operators,
ports and terminal operators, shippers,
consignees, conferences and agreements
between ocean common carriers, and
other entities associated with any of the
foregoing. Included are individuals
alleged to have violated one of the
statutes or regulations administered by
the Federal Maritime Commission,
individuals who provided information
during an investigation, and others
necessary to the full development of an
investigation. Not included are
attorneys, government officials, Federal
Maritime Commission employees, or
individuals only incidentally involved
in an investigation.
groupings. The information remains
within the system through analysis,
research, corroboration, field
investigation, reporting, and referral
within the Commission or to another
government agency. Information
remains within the system whether a
case is open or closed or the matter
becomes inactive. Information also
remains within the system when records
are retired to storage or are otherwise
purged.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Shipping Act of 1984, Intercoastal
Shipping Act, 1933, and Shipping Act,
1916 (46 U.S.C. app. 1701, 843, and
801).
jlentini on PROD1PC65 with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The Records Tracking System
includes records on individuals
involved in official investigations
conducted by the Bureau of
Enforcement, fact finding and formal
proceedings instituted by the Federal
Maritime Commission, court
proceedings, and civil and criminal
investigations conducted in association
with other government agencies.
Investigations include investigations of
alleged violations of the statutes or
regulations administered by the
Commission, freight forwarder
application inquiries, freight forwarder
application checks, freight forwarder
compliance checks, service contract
audits, common carrier audits,
passenger vessel audits, special
inquiries, undeveloped leads,
intelligence activities, and other matters
authorized by the Bureau of
Enforcement.
The Records Tracking System
includes all files and records of the
Bureau, wherever located. The system
also includes reports or other
information from other government
agencies, shipping and commercial
records, investigative work product,
notes of interviews, documents obtained
from any source, schedules of data,
investigative plans and directives,
disclosures, settlement agreements, and
any other records prepared in
conjunction with a case including
information which tends to explain,
interpret, or substantiate any of the
above. The system also includes indices
of these records, tracking systems, and
listings of information otherwise
included within the system.
The Records Tracking System
contains information in electronic and
paper media. Information within the
system may be stored in files or data
bases by specific subject or in general
1. In the event that a system of records
maintained by the FMC to carry out its
functions indicates a violation or
potential violation of law or contract,
whether civil, criminal or regulatory in
nature, and whether arising by general
statute or particular program statute, or
by rule, regulation, or order issued
pursuant thereto, the relevant records in
the system of records may be referred,
as a routine use, to the appropriate
agency, whether Federal, State, local or
foreign, charged with the responsibility
of investigating or prosecuting such
violation or charged with enforcing or
implementing the statute, or rule,
regulation or order issued pursuant
thereto.
2. A record from this system of
records may be disclosed, as a routine
use, to a Federal, State or local agency
maintaining civil, criminal or other
relevant enforcement information or
other pertinent information, such as
current licenses, if necessary to obtain
information relevant to an FMC decision
concerning the assignment, hiring or
retention of an individual, the issuance
of a security clearance, or the issuance
of a license, grant or other benefit.
3. A record from this system of
records may be disclosed, as a routine
use, to a Federal, State, local or
international agency, in response to its
request, in connection with the
assignment, hiring or retention of an
individual, the issuance of a security
clearance, the reporting of an
investigation of an individual, the
letting of a contract, or the issuance of
license, grant, or other benefit by the
requesting agency to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
4. A record from this system of
records may be disclosed, as a routine
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
37965
use, in the course of presenting
evidence to a court magistrate or
administrative tribunal, including
disclosures to opposing counsel in the
course of settlement negotiations.
5. A record in this system of records
may be disclosed as a routine use to
either House of Congress, or to the
extent of matter within its jurisdiction,
any committee or subcommittee thereof,
any joint committee of Congress or
subcommittee of such joint committee.
6. A record in this system of records
may be disclosed, as a routine use, to
the Department of Justice in connection
with determining whether disclosure
thereof is required by the Freedom of
Information Act (5 U.S.C. 552).
7. A record in this system may be
transferred, as a routine use, to the
Office of Personnel Management for
personnel research purposes; as a data
source for management information; for
the production of summary descriptive
statistics and analytical studies in
support of the function for which the
records are collected and maintained; or
for related manpower studies.
8. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper form
in filing cabinets and in a Lektriever,
Series 80. Statistical data taken from
record forms are maintained in a
personal computer.
RETRIEVABILITY:
Information filed by case of subject
file. Records pertaining to individuals
are accessed by reference to the Bureau
of Enforcement’s name-relationship
index system.
E:\FR\FM\02JYN1.SGM
02JYN1
37966
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
SAFEGUARDS:
Records are located in locked metal
file cabinets or in metal file cabinets in
secured rooms or secured premises with
access limited to those whose official
duties require access. The Lektriever
files are locked with a key and the key
is secured in a locked file cabinet.
Computer information is safeguarded
with an access code. Files are
maintained in buildings that have 24
hour security guards.
compromise of ongoing investigations,
disclosure of the identity of confidential
sources and unwarranted invasions of
personal privacy of third parties.
FMC–24
SYSTEM NAME:
Informal Inquiries and Complaints
Files—FMC.
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SECURITY CLASSIFICATION:
Unclassified.
RETENTION AND DISPOSAL:
SYSTEM LOCATION:
STORAGE:
Records are retained for 7 years after
the end of the calendar year in which
the case file actions are concluded; the
records are destroyed 25 years after
cutoff.
Office of Informal Inquiries and
Complaints, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
Physical records are maintained in
file folders; the electronic database is
maintained on the Commission’s local
area network.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
RETRIEVABILITY:
SYSTEM MANAGER(S) AND ADDRESS:
Director, Bureau of Enforcement,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
Consumers complaining against
business entities regulated by the
Commission
NOTIFICATION PROCEDURE:
Copies of complaints and
correspondence developed in their
resolution complaint tracking logs; and
complaint tracking electronic summary
database.
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
Individual shippers, carriers, freight
forwarders, those authorized by the
individual to furnish information, trade
sources, investigative agencies,
investigative personnel of the Bureau of
Enforcement and other sources of
information.
jlentini on PROD1PC65 with NOTICES
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information that meets the criteria
of 5 U.S.C. 552a(k)(2) regarding
investigatory materials compiled for law
enforcement purposes is exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is appropriate to avoid
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
CATEGORIES OF RECORDS IN THE SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12160, September 26,
1979.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information in this system of records
is used or may be used:
1. To determine whether a complaint
can be resolved by staff in various
bureaus and offices.
2. To determine whether a complaint
can be resolved by a business entity
regulated by the Commission.
3. To determine whether the
complaint can be resolved by reference
to another agency at the Federal, State
or local level.
4. To provide information to the
Commission on developments or trends
in the character of complaints which
might suggest policy directions,
proposed rules or programs.
5. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Physical and electronic records are
serially numbered and indexed by
complainant and respondents.
SAFEGUARDS:
Physical records are maintained in
locked file cabinets; access to electronic
records is password protected.
RETENTION AND DISPOSAL:
Records are maintained by the Federal
Maritime Commission for four years and
then destroyed. The electronic summary
database is permanently maintained.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Informal Inquiries
and Complaints, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
CONTESTING RECORD PROCEDURES:
An individual desiring to amend a
record shall direct such request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
RECORD SOURCE CATEGORIES:
Consumers who have filed
complaints.
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information that meets the criteria
of 5 U.S.C. 552a(k)(2) regarding
investigatory materials compiled for law
enforcement purposes is exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is appropriate to avoid
compromise of ongoing investigations,
disclosure of the identity of confidential
sources and unwarranted invasions of
personal privacy of third parties.
FMC–25
SYSTEM NAME:
Inspector General File.
Selected information from each
hotline complaint file indexed by
hotline case number and title which
may include names of subject of hotline
complaint.
2. Hard Copy Files
Information obtained from hotline
complainants reporting indications of
waste, fraud, and mismanagement.
Specific information to include name
and address of complainant, date
complaint received, program area,
nature and subject of complaint, and
any additional contacts and specific
information provided by the
complainant. Information on OIG
disposition.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM CLASSIFICATION:
SYSTEM LOCATION:
Office of the Inspector General,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573–0001.
The Inspector General Act of 1978 (5
U.S.C. App. 3), as amended by Pub. L.
100–504; 44 U.S.C. 3101 et seq.;
Commission Order No. 113.
PURPOSE(S):
Unclassified.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals and entities who are or
have been the subjects of investigations
conducted by the OIG, including
present and former FMC employees;
consultants, contractors, and
subcontractors and their employees; and
other individuals and entities doing
business with the FMC.
jlentini on PROD1PC65 with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
A. Investigative Case Files
1. Case Index
Selected information from each case
file indexed by case file number, and
case title which may include names of
subjects of investigations.
2. Hard Copy Files
Case files developed during
investigations of known or alleged fraud
and abuse and irregularities and
violations of laws and regulations. Cases
relate to agency personnel and programs
and operations administered by the
agency, including contractors and others
having a relationship with the agency.
Files consist of investigative reports and
related documents, such as
correspondence, internal staff
memoranda, copies of all subpoenas
issued during the investigation,
affidavits, statements from witnesses,
transcripts of testimony taken in the
investigation and accompanying
exhibits, notes, attachments, and
working papers. Files containing
information or allegations which are of
an investigative nature but do not relate
to a specific investigation.
B. Hotline Complaints
1. Hotline Index
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
The records maintained in the system
are used by the OIG in furtherance of
the responsibilities of the Inspector
General, pursuant to the Inspector
General Act of 1978, as amended, to
conduct and supervise audits and
investigations relating to programs and
operations of the FMC; to promote
economy, efficiency, and effectiveness
in the administration of such programs
and operations; and to prevent and
detect fraud and abuse in such programs
and operations.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The records in the system may be
used and disseminated to further the
purposes described above. The
following routine uses apply to the
records maintained in this system:
1. A record may be disclosed to an
individual, or to a Federal, State, local,
or international agency when necessary
to further the ends of a legitimate
investigation or audit.
2. A record which indicates either by
itself or in combination with other
information within the agency’s
possession, a violation or potential
violation of law, whether civil, criminal,
or regulatory in nature, and whether
arising by general statute or particular
program statute, or by rule, regulation,
or order issued pursuant thereto, or
which indicates a violation or potential
violation of a contract, may be disclosed
to the appropriate agency, whether
Federal, State, local or international,
charged with the responsibility of
investigating or prosecuting such
violation, or of enforcing or
implementing the statute, or rule,
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
37967
regulation, or order issued pursuant
thereto, or of enforcing the contract.
3. A record may be disclosed to a
Federal, State, local or international
agency, in response to its request, in
connection with the assignment, hiring,
or retention of an individual, the
issuance of a security clearance, the
reporting of an investigation of an
individual, the letting of a contract, or
the issuance of a license, grant, or other
benefit by the requesting agency, to the
extent that the information is relevant
and necessary to the requesting agency’s
decision on the matter.
4. A record may be disclosed to a
Member of Congress who submits an
inquiry on behalf of an individual,
when the Member of Congress informs
the FMC that the individual to whom
the record pertains has authorized the
Member of Congress to have access to
the record. In such cases, the Member of
Congress has no more right to the record
than does the individual.
5. A record may be disclosed to the
Office of Government Ethics for any
purpose consistent with that Office’s
mission, including the compilation of
statistical data.
6. A record may be disclosed to the
U.S. Department of Justice in order to
obtain that Department’s advice
regarding an agency’s disclosure
obligation under the Freedom of
Information Act.
7. A record may be disclosed to the
Office of Management and Budget in
order to obtain that Office’s advice
regarding an agency’s obligations under
the Privacy Act.
8. A record may be disclosed to a
grand jury agent pursuant either to a
federal or state grand jury subpoena or
to a prosecution request that such
record be released for the purpose of its
introduction to a grand jury.
9. A record may be disclosed to a
‘‘consumer reporting agency’’ as that
term is defined in the Fair Credit
Reporting Act and the Federal Claims
Collection Act of 1966 in accordance
with section 3711(f) of 31 U.S.C. and for
the purposes of obtaining information in
the course of an investigation or audit.
10. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
E:\FR\FM\02JYN1.SGM
02JYN1
37968
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The investigative case index and the
hotline case index are stored on a hard
disk on a personal computer. The hard
copy files are stored in file folders. All
records are stored under secured
conditions.
RETRIEVABILITY:
Records in the investigative and
hotline case index are retrieved by case
title which may include the name of the
subject of an investigation and by case
number. Records in the hard copy files
are retrieved by case numbers.
SAFEGUARDS:
Direct access is limited to authorized
staff of the OIG. Additional access
within FMC is limited to authorized
officials on a need-to-know basis. All
records, when not in a possession of an
authorized individual are stored in
locked cabinets or a locked, standalone,
personal computer in a locked room.
RETENTION AND DISPOSAL:
1. Files containing information or
allegations which are of an investigative
nature but do not relate to a specific
investigation are retained for seven
years.
2. Other investigative case files are
retained for ten years.
SYSTEM MANAGER(S) AND ADDRESS:
Inspector General, Office of The
Inspector General, Federal Maritime
Commission, Room 1072, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
However, see Exemption section below.
Regulations. However, see Exemption
section below.
Capitol Street, NW., Washington, DC
20573–0001.
CONTESTING RECORD PROCEDURES:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
An individual desiring to amend a
record shall direct such a request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations. However, see
Exemption section below.
RECORD SOURCE CATEGORIES:
Agency employees, reports and
contracts from other agencies, and
internal and external documents.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information that meets the criteria
of 5 U.S.C. 552a(k)(2) regarding
investigatory materials compiled for law
enforcement purposes is exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is appropriate to avoid
compromise of ongoing investigations,
disclosure of the identity of confidential
sources and unwarranted invasions of
personal privacy of third parties.
All information about individuals that
meets the criteria of 5 U.S.C. 552a(k)(5),
regarding suitability, eligibility or
qualifications for Federal civilian
employment or for access to classified
information, to the extent that
disclosure would reveal the identity of
a source who furnished information to
the Commission under a promise of
confidentiality is exempt from the
provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is required to honor
promises of confidentiality.
All information meeting the criteria of
5 U.S.C. 552a(j)(2) pertaining to the
enforcement of criminal laws is exempt
from the provisions of 5 U.S.C. 552a,
except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i). Exemption is
appropriate to avoid compromise of
ongoing investigations, disclosure of the
identity of confidential sources and
unwarranted invasions of personal
privacy of third parties.
FMC–26
SYSTEM NAME:
Administrative Grievance File—FMC.
jlentini on PROD1PC65 with NOTICES
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
SYSTEM CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Human Resources, Federal
Maritime Commission, 800 North
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
Any employee of the Federal
Maritime Commission, including any
former employee for whom a remedy
can be provided.
CATEGORIES OF RECORDS IN THE SYSTEM:
Administrative Grievance Files
contain all documents related to a
particular grievance, including but not
limited to any statements of witnesses,
records or copies thereof, the report of
the hearing when one is held,
statements made by the parties to the
grievance, and the decision.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 1302, 3301, 3302, 7301, E.O.
9830, 3 CFR 1943–1948 Comp., pp. 606–
624; E.O. 11222, 3 CFR 2964–2969
Comp., p. 306.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information in this system of records
is used or may be used:
1. By Commission officials designated
as grievance examiners for the purpose
of adjudication, by the Director of EEO
in the event of an investigation when
the EEO complaint relates to the
grievance, or for information concerning
the outcome of the grievance.
2. By the Office of Personnel
Management in the course of an
investigation of a particular employee of
the Commission, for statistical analysis
purposes, or for program compliance
checks.
3. By the Merit Systems Protection
Board if necessitated by an appeal.
4. By the appropriate District Court of
the United States to render a decision
when the Commission has refused to
release a current or former employee’s
record under the Freedom of
Information Act.
5. To refer, where there is an
indication of a violation or potential
violation of law, whether civil, criminal
or regulatory in nature, information to
the appropriate agency, whether
Federal, State, or local, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, rules, regulation or order issued
pursuant thereto.
6. To request from a Federal, State, or
local agency maintaining civil, criminal,
or other relevant enforcement
information, data relevant to a
Commission decision concerning the
hiring or retention of an employee.
7. To provide or disclose information
to a Federal agency in response to its
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
request in connection with the hiring or
retention of an employee, to the extent
that the information is relevant and
necessary to the requesting agency’s
decision on that matter.
8. By the employee or his/her
designated representative in order to
gather or provide information necessary
to process the grievance.
9. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in file folders.
RETRIEVABILITY:
Records are indexed alphabetically by
name.
SAFEGUARDS:
Records are stored in locked file
cabinets.
RETENTION AND DISPOSAL:
In accordance with General Records
Schedule 1, the Administrative
Grievance File is destroyed 4 years after
case is closed.
SYSTEM MANAGER(S) AND ADDRESS:
Director of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
jlentini on PROD1PC65 with NOTICES
NOTIFICATION PROCEDURE:
All inquiries regarding this system of
records should be addressed to:
Secretary, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573–0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record should
be directed to the Secretary listed at the
above address. Requests may be in
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
37969
person or by mail and shall meet the
requirements set out in section 503.65 of
title 46 of the Code of Federal
Regulations.
FMC–29
CONTESTING RECORD PROCEDURES:
SYSTEM LOCATION:
An individual desiring to amend a
record shall direct such request to the
Secretary at the above listed address.
Such requests shall specify the desired
amendments and the reasons therefor,
and shall meet the requirements of
section 503.66 of title 46 of the Code of
Federal Regulations.
Office of Human Resources, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573–0001.
This system of records is covered by
the Office of Personnel Management’s
Government-wide system notice, OPM/
GOVT–2.
RECORD SOURCE CATEGORIES:
FMC–31
Information is supplied by the
individual to whom the record pertains
and/or by his or her representative,
human resource specialists, grievance
examiners, and any parties providing
information bearing directly on the
grievance.
SYSTEM NAME:
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
All information that meets the criteria
of 5 U.S.C. 552a(k)(2) regarding
investigatory materials compiled for law
enforcement purposes is exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is appropriate to avoid
compromise of ongoing investigations,
disclosure of the identity of confidential
sources and unwarranted invasions of
personal privacy of third parties.
All information about individuals that
meets the criteria of 5 U.S.C. 552a(k)(5),
regarding suitability, eligibility or
qualifications for Federal civilian
employment or for access to classified
information, to the extent that
disclosure would reveal the identity of
a source who furnished information to
the Commission under a promise of
confidentiality is exempt from the
provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is required to honor
promises of confidentiality.
FMC–28
Equal Employment Opportunity
Complaint Files—FMC.
SYSTEM LOCATION:
Office of General Counsel, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573–
0001.
Note: This system of records is covered by
the Equal Employment Opportunity
Commission’s Government-wide system
notice, EEOC/GOVT–1.
Frm 00042
Employee Performance File System
Records—FMC.
Debt Collection Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are located in the Office of
Financial Management, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are indebted to FMC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The Debt Collection Officer’s file will
contain copies of debt collection letters,
bills for collection, and correspondence
to and from the debtor relating to the
debt. The file will include such
information as the name and address of
the debtor, taxpayer’s identification
number (which may be the Social
Security Number); amount of debt or
delinquent amount; basis of debt; date
debt arose; office/bureau referring debt
to the Debt Collection Officer; record of
each collection made; credit report;
financial statement reflecting the net
worth of the debtor; date by which debt
must be referred to the Department of
the Treasury for further collection
action; and citation or basis on which
debt was terminated or compromised.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM NAME:
PO 00000
SYSTEM NAME:
Fmt 4703
Sfmt 4703
31 U.S.C. 3701 et seq., Debt Collection
Act of 1982 (Pub. L. 97–365, 96 Stat.
1749) as amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134, 101 Stat. 1321–358).
PURPOSE(S):
Information is used for the purpose of
collecting monies owed FMC arising out
of any administrative or program
activities or services administered by
FMC. The Debt Collection Officer’s file
represents the basis for the debt and
amount of debt and actions taken by
E:\FR\FM\02JYN1.SGM
02JYN1
37970
Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Notices
FMC to collect the monies owed under
the debt. The credit report or financial
statement provides an understanding of
the individual’s financial condition
with respect to requests for deferment of
payment.
paper records are maintained in locked
containers and/or room. All records are
maintained in areas that are secured by
building guards during non-business
hours. Records are retained in areas
accessible only to authorized personnel.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
RETENTION AND DISPOSAL:
1. When debts are uncollectible,
copies of the FMC Debt Collection
Officer’s file regarding the debt and
actions taken to attempt to collect the
monies are forwarded to the Department
of Treasury for further collection action.
FMC may also provide Treasury with
copies of the debt collection letter, bill
for collection, and FMC correspondence
to the debtor.
2. Disclosure pursuant to 5 U.S.C.
552a(b)(12).
3. Disclosures may be made from this
system to ‘‘consumer reporting
agencies’’ as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f) or the
Federal Claims Collection Act of 1966
(31 U.S.C. 3701(a)(3)).
4. To appropriate agencies, entities,
and persons when (a) The Federal
Maritime Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) the agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
agency or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the agency’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in notebooks,
file folders, on lists and forms, and in
computer processible storage media.
jlentini on PROD1PC65 with NOTICES
RETRIEVABILITY:
The system files are filed by bill for
collection number, name, or taxpayer’s
identification number (which may be
the Social Security Number).
SAFEGUARDS:
Personnel screening, hardware, and
software computer security measures;
VerDate Aug<31>2005
18:51 Jul 01, 2008
Jkt 214001
In accordance with General Records
Schedule 6, the records are maintained
for 6 years and 3 months and then
shredded.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Financial
Management, Federal Maritime
Commission, 800 North Capitol Street,
NW., Washington, DC 20573.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire
whether this system of records contains
information about themselves should
contact the system manager identified
above. Written requests should be
clearly marked ‘‘Privacy Act Request’’
on the envelope and letter. Requests
should include full name of the
individual, some type of appropriate
personal identification, and current
address.
For personal visits, the individuals
should be able to provide some
acceptable identification—that is,
driver’s license, employing organization
identification card, or other picture
identification card.
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than July 16,
2008.
A. Federal Reserve Bank of Kansas
City (Todd Offenbacker, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Brian Wallman, Denver, Colorado,
to retain control of Wallco, Inc., and
thereby indirectly retain control of
Nehawka Bank, both in Nehawka,
Nebraska.
Board of Governors of the Federal Reserve
System, June 26, 2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8–14916 Filed 7–1–08; 8:45 am]
RECORD ACCESS PROCEDURES:
BILLING CODE 6210–01–S
Same as Notification procedures
above.
FEDERAL RESERVE SYSTEM
CONTESTING RECORD PROCEDURES:
Same as Notification procedures
above. The letter should state clearly
and concisely what information is being
contested, the reason for contesting it,
and the proposed amendment to the
information sought.
FMC Privacy Act Regulations are
promulgated in 46 CFR part 503.
RECORD SOURCE CATEGORIES:
Directly from the debtor, the initial
application, credit report from the
commercial credit bureau,
administrative or program offices within
FMC.
By the Commission.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E8–15041 Filed 7–1–08; 8:45 am]
BILLING CODE 6730–01–P
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than July 16,
2008.
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 37959-37970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15041]
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
Privacy Act of 1974; Proposed Republication and Altered Systems
of Records
June 27, 2008.
AGENCY: Federal Maritime Commission.
ACTION: Notice of republication and altered systems of records.
-----------------------------------------------------------------------
SUMMARY: This Notice proposes the amendment of various Privacy Act
Systems of Records maintained by the Commission and republication of
the agency's complete Systems of Records.
DATES: Submit an original and 15 copies of comments (paper), or e-mail
comments as an attachment in WordPerfect 10, Microsoft Word 2003, or
earlier versions of these applications, no later than August 1, 2008.
The alterations will be effective on August 11, 2008, unless comments
are received that would result in a contrary determination.
ADDRESSES: Address all comments concerning this notice to: Karen V.
Gregory, Assistant Secretary, Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC 20573-0001, Secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Assistant Secretary,
Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC
20573-0001, (202) 523-5725, Secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: Notice is given that, pursuant to the
Privacy Act of 1974, 5 U.S.C. 552a, the Federal Maritime Commission
proposes to amend various Systems of Records (``SOR'') and to republish
the complete SOR.
[[Page 37960]]
The following systems are being deleted: FMC-15 Service Control
Line-FMC--because the files are no longer maintained by the Office of
Human Resources; FMC-21--Payroll Records--because a new system has been
developed which indicates that the Payroll Records are no longer
handled by the Office of Thrift Supervision; and FMC-30--Procurement
Integrity Certification Files--because it relates to the Automated
Tariff Filing and Information System which has been discontinued.
The Office of Management and Budget has advised that agencies
should publish a routine use for appropriate systems of records
specifically applying to the disclosure of information in connection
with response and remedial efforts in the event of a data breach
involving Personally Identifiable Information. Accordingly, the
following routine use has been added to each of the Commission's SOR:
To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the
security or confidentiality of information in the system of records
has been compromised; (b) the agency has determined that as a result
of the suspected or confirmed compromise there is a risk of harm to
economic or property interests, identity theft or fraud, or harm to
the security or integrity of this system or other systems or
programs (whether maintained by the agency or another agency or
entity) that rely upon the compromised information; and (c) the
disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the agency's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
In addition, minor changes are being made which reflect
organizational name changes and changes to retention time periods. Non-
substantive editorial changes are also being made to appropriate
systems. These affected systems are: FMC-8--Official Personnel Folder;
FMC-9--Training Program Records; FMC-14--Medical Examination File; FMC-
16--Classification Appeals File; and FMC-29--Employee Performance File
System Records. These systems all fall under the Office of Personnel
Management's Government-wide SOR. Also, FMC-25--Inspector General File
is being changed to reflect that investigative files that do not relate
to a specific investigation, currently retained for ten years, will now
be retained for seven years. Other investigative case files that were
retained for fifteen years will now be retained for ten years.
Interested parties may participate by filing with the Assistant
Secretary, Federal Maritime Commission, an original and 15 copies of
their views and comments (paper), or e-mail comments as an attachment
in WordPerfect 10, Microsoft Word 2003, or earlier versions of these
applications. All suggestions for changes should be accompanied by
draft language necessary to accomplish the desired changes, and should
include supportive statements and arguments.
A complete Systems of Records reflecting the above listed changes
follows.
Federal Maritime Commission
Systems of Records
FMC-1 Personnel Security File.
FMC-2 Non-Attorney Practitioner File.
FMC-7 Licensed Ocean Transportation Intermediaries Files (Form
FMC-18).
FMC-8 Official Personnel Folder.
FMC-9 Training Program Records.
FMC-10 Desk Audit File.
FMC-14 Medical Examination File.
FMC-16 Classification Appeals File.
FMC-18 Travel Orders/Vouchers File.
FMC-19 Financial Disclosure Reports and Other Ethics Program
Records.
FMC-22 Records Tracking System.
FMC-24 Informal Inquiries and Complaints Files.
FMC-25 Inspector General File.
FMC-26 Administrative Grievance File.
FMC-28 Equal Employment Opportunity Complaints File.
FMC-29 Employee Performance File System Records.
FMC-31 Debt Collection Files.
FMC-1
System name:
Personnel Security File--FMC.
Security Classification:
Unclassified.
System location:
Office of Human Resources, Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
1. Employees of the Federal Maritime Commission. 2. Applicants for
employment with the Federal Maritime Commission.
Categories of records in the system:
Results of name checks, inquiries, and investigations to determine
suitability for employment with the U.S. Government, and for access to
classified information, position sensitivity designation, and record of
security clearance issued, if any.
Authority for maintenance of the system:
Executive Orders 10450, 12958, and 12968.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records in this system of records are used or may be used:
1. By Commission officials to determine suitability for employment
of an applicant or retention of a current employee and to make a
determination that the employment of an applicant or retention of a
current employee within the Commission is clearly consistent with the
interests of national security.
2. To refer, where there is an indication of a violation or
potential violation of law, whether civil or criminal or regulatory in
nature, information to the appropriate agency, whether Federal, State,
or local, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation or order issued pursuant thereto.
3. To request from a Federal, State, or local agency maintaining
civil, criminal, or other relevant enforcement information, data
relevant to a Commission decision concerning the hiring or retention of
an employee or the issuance of a security clearance.
4. To provide or disclose information to a Federal agency in
response to its request in connection with the hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on that matter.
5. By a court of law or appropriate administrative board or hearing
having review or oversight authority.
6. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
[[Page 37961]]
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are maintained in a combination safe in the custody of the
Information Security Officer, and access is limited to the Information
Security Officer and the Personnel Security Officer and his/her duly
authorized representatives.
Retention and disposal:
Maintain Office of Personnel Management reports of investigation
and other FMC records on file until termination of employee from
agency. Destroy within 30 days after employee leaves the agency.
System manager(s) and address:
Information Security Officer, Office of Human Resources, Federal
Maritime Commission, 800 North Capitol Street, NW., Washington, DC
20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such request
to the Secretary at the above listed address. Such requests shall
specify the desired amendments and the reasons therefor, and shall meet
the requirements of section 503.66 of title 46 of the Code of Federal
Regulations.
Record source categories:
Office of Personnel Management report, and reports from other
Federal agencies.
Systems exempted from certain provisions of the Act:
All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or qualifications
for Federal civilian employment or for access to classified
information, to the extent that disclosure would reveal the identity of
a source who furnished information to the Commission under a promise of
confidentiality is exempt from the provisions of 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is required to
honor promises of confidentiality.
FMC-2
System name:
Non-Attorney Practitioner File--FMC.
System Classification
Unclassified.
System location:
Office of Secretary, Federal Maritime Commission, 800 North Capitol
Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Persons, who are not attorneys, who apply for permission to
practice before the Commission.
Categories of records in the system:
Application forms containing descriptions of educational and
professional experience and qualifications, taxpayer identification
numbers (which may be the social security number), and letters of
reference in relation to non-attorney practitioners.
Authority for maintenance of the system:
46 CFR 502.27.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records in this system of records are used or may be used:
1. By personnel of the Secretary's Office to determine whether a
non-attorney should be admitted to practice before the Commission.
2. To refer, where there is an indication of a violation or
potential violation of law, whether civil or criminal or regulatory in
nature, information to the appropriate agency, whether Federal, State,
or local, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation or order issued pursuant thereto.
3. To request from a Federal, State, or local agency maintaining
civil, criminal, or other relevant enforcement information, data
relevant to a Commission decision concerning the hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant, or other benefit.
4. To provide or disclose information to a Federal agency in
response to its request in connection with the hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on that matter.
5. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Physical records are maintained in file folders. Electronic records
are maintained in a database on a computer hard drive.
Retrievability:
Physical records are indexed alphabetically by name. Electronic
records are retrievable by name, address, company, application date,
admission date, or card number.
Safeguards:
Physical records are maintained in file cabinets under the control
of personnel in the Secretary's office. Electronic records are password
protected.
Retention and disposal:
Records are maintained in the Office of the Secretary for 10 years
after applicant ceases to practice and then are transferred to the
Federal Records Center. Records are destroyed 20 years thereafter.
System manager(s) and address:
Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
[[Page 37962]]
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Applicants.
FMC-7
System name:
Licensed Ocean Transportation Intermediaries Files (Form FMC-18).
Security Classification:
Unclassified.
System location:
Bureau of Certification and Licensing, Federal Maritime Commission,
800 North Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Records are maintained on individuals, including sole
proprietorships, members of partnerships, and officers and owners of
corporate licensees, managers and owners of limited liability
companies, ex-licensees, and applicants for licenses.
Categories of records in the system:
The System contains ocean transportation intermediaries (OTIs)
names, addresses and taxpayer identification numbers (which may be the
Social Security Numbers), as well as the names, addresses, and Social
Security Numbers (or alternatively, driver's license numbers, passport
numbers or alien registration numbers) of the stockholders, officers,
and directors of individual OTIs; descriptions of the relationships the
OTI may have with other business entities; corporate organizational
documents and business licenses; a record of the OTI's past experience
in providing or procuring ocean transportation services; surety bond
information with respect to licensed OTIs; and any financial
information and/or criminal convictions pertinent to the licensing of
the OTIs. Under the Shipping Act of 1984, as amended, OTIs may be
either an ocean freight forwarder, a non-vessel-operating common
carrier or both.
Authority for maintenance of the system:
5 U.S.C. 553; secs. 3, 8, 10, 11, 13, 15, 17 and 19, Shipping Act
of 1984 (recodified October 2006 as 46 U.S.C. 305, 40102, 40104, 40501-
40503, 40901-40904, 41101-41109, 41302-41303, and 41305).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records and information contained in these records may be
disclosed as follows:
1. By Commission staff for evaluation of applicants for licensing.
2. By Commission staff for monitoring the activities of licensees
to ensure they are in compliance with Commission regulations.
3. To refer, where there is an indication of a violation or
potential violation of law whether civil, criminal or regulatory in
nature, information to the appropriate agency, whether Federal, State,
or local, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rules, regulations, or orders issued pursuant thereto.
4. To request from a Federal, State, or local agency maintaining
civil, criminal or other relevant enforcement information, data
relevant to a Commission decision concerning the issuance of a license.
5. To provide or disclose information to a Federal agency in
response to its request in connection with the hiring or retention of
an employee previously employed by a licensee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to the requesting
agency's decision on that matter.
6. To provide or update information maintained in the U.S. Customs
and Border Protection's (CBP) Automated Commercial Environment/
International Trade Data System (ACE/ITDS) to verify licensed or
registered status of OTIs under Trade Act of 2002 and related CBP
requirements, or any other successor agency or organization.
7. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders and in a personal computer
on-site at Commission headquarters.
Retrievability:
Records are indexed by name and license or organization number.
Safeguards:
Records are maintained in an area of restricted accessibility.
Retention and disposal:
Applicant and licensee files are kept as long as the application
and/or license is active. Files for withdrawn and denied applicants,
and revoked licenses remain in the Record Location Center ten years
after final action. After ten years the files are destroyed.
System manager(s) and address:
Director, Bureau of Certification and Licensing, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Request may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
[[Page 37963]]
Contesting record procedures:
An individual desiring to amend a record shall direct such request
to the Secretary at the above listed address. Such requests shall
specify the desired amendments and the reasons therefor, and shall meet
the requirements of section 503.66 of title 46 of the Code of Federal
Regulations.
Record source categories:
1. Information submitted by applicants and licensees.
2. Information submitted by Commission Area Representatives.
3. Information submitted by the general public (e.g., through
complaints).
4. Information submitted by surety companies.
5. Information obtained through Internet Web site searches and
selected commercial and government database searches conducted by
Bureau of Certification and Licensing staff in processing OTI license
applications (e.g., Choicepoint and Dun & Bradstreet).
Systems exempted from certain provisions of the Act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement purposes
is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid
compromise of ongoing investigations, disclosure of the identity of
confidential sources and unwarranted invasions of personal privacy of
third parties.
FMC-8
System name:
Official Personnel Folder--FMC.
System location:
Office of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
This system is covered by the Office of Personnel Management's
government-wide system notice, OPM/GOVT-1.
FMC-9
System name:
Training Program Records--FMC.
System location:
Office of Human Resources, Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC 20573-0001.
This system is covered by the Office of Personnel Management's
government-wide system notice, OPM/GOVT-1.
FMC-10
System name:
Desk Audit File--FMC.
Security Classification:
Unclassified.
System location:
Office of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Current and former employees of the Federal Maritime Commission.
Categories of records in the system:
Each record consists of the position classification specialist's
notes of conversations, evaluation reports, background papers, and/or
research material used to support the final position classification.
Authority for maintenance of the system:
44 U.S.C. 3101 et seq., 5 U.S.C. 1302 and the regulations issued
pursuant thereto.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system of records is used or may be used:
1. By Commission officials to support decisions on the proper
classification of a position.
2. To refer, where there is an indication of a violation or
potential violation of law, whether civil or criminal or regulatory in
nature, information to the appropriate agency, whether Federal, State,
or local, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation or order issued pursuant thereto.
3. To request from a Federal, State, or local agency maintaining
civil, criminal, or other relevant enforcement information, data
relevant to a Commission decision concerning the hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant, or other benefit.
4. To provide or disclose information to a Federal agency in
response to its request in connection with the hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on that matter.
5. By the Office of Personnel Management in the course of an
investigation, or evaluating for statistical or management analysis
purposes.
6. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are maintained in locked file cabinets.
Retention and disposal:
Records are maintained as long as the position audited remains
essential, current, and accurate, after which they are destroyed.
System manager(s) and address:
Director of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
[[Page 37964]]
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Human Resources Specialists of the Commission.
FMC-14
System name:
Medical Examination File--FMC.
System location:
Office of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
This system is covered by the Office of Personnel Management's
government-wide system notice, OPM/GOVT-10.
FMC-16
System name:
Classification Appeals File-FMC.
System location:
Office of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
Note: This system is covered by the Office of Personnel
Management's government-wide system notice, OPM/GOVT-9.
FMC-18
System name:
Travel Orders/Vouchers File--FMC.
Security Classification:
Unclassified.
System location:
Office of Financial Management, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Employees of the Federal Maritime Commission.
Categories of records in the system:
The record consists of the initial travel order for the individual
and the subsequent travel voucher prepared from information supplied by
the individual which includes hotel bills, subsistence breakdown, cab
fares and air fares.
Authority for maintenance of the system:
Federal Travel Regulation, 41 CFR parts 301-304.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in this system of records are used or may be used:
1. By the Commission for the authorization of travel performed by
personnel of the Commission.
2. By the Commission to prepare travel vouchers for submission to
the Bureau of Public Debt through E-Gov and to maintain internal
control of travel expenses within this agency.
3. To refer, where there is an indication of a violation or
potential violation of law, whether civil or criminal in nature,
information to the appropriate agency, whether Federal, State or local,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute or
rule, regulation or order issued pursuant thereto.
4. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are indexed by name or bureau.
Safeguards:
Records are maintained in a locking file cabinet and monitored by
the Director of the Office of Financial Management.
Retention and disposal:
The records are maintained for six years and are then destroyed by
shredding (in accordance with General Records Schedule 9).
System manager(s) and address:
Director, Office of Financial Management, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Individual to whom the record pertains, hotel bills, individual's
subsistence record, and Travel Requests (airline or train).
FMC-19
System name:
Financial Disclosure Reports and Other Ethics Program Records.
System location:
Office of the General Counsel, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001.
Note: This system is covered by the Office of Government Ethics'
government-wide systems notices, OGE/GOVT-1 and OGE/GOVT-2.
FMC-22
System name:
Records Tracking System.
System Classification:
Unclassified.
System location:
Bureau of Enforcement, Federal Maritime Commission, 800 N. Capitol
Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Individuals whose names may be found in the system include
employees,
[[Page 37965]]
officers, directors, and owners of ocean common carriers, non-vessel
operating common carriers, ocean freight forwarders, passenger vessel
operators, ports and terminal operators, shippers, consignees,
conferences and agreements between ocean common carriers, and other
entities associated with any of the foregoing. Included are individuals
alleged to have violated one of the statutes or regulations
administered by the Federal Maritime Commission, individuals who
provided information during an investigation, and others necessary to
the full development of an investigation. Not included are attorneys,
government officials, Federal Maritime Commission employees, or
individuals only incidentally involved in an investigation.
Categories of records in the system:
The Records Tracking System includes records on individuals
involved in official investigations conducted by the Bureau of
Enforcement, fact finding and formal proceedings instituted by the
Federal Maritime Commission, court proceedings, and civil and criminal
investigations conducted in association with other government agencies.
Investigations include investigations of alleged violations of the
statutes or regulations administered by the Commission, freight
forwarder application inquiries, freight forwarder application checks,
freight forwarder compliance checks, service contract audits, common
carrier audits, passenger vessel audits, special inquiries, undeveloped
leads, intelligence activities, and other matters authorized by the
Bureau of Enforcement.
The Records Tracking System includes all files and records of the
Bureau, wherever located. The system also includes reports or other
information from other government agencies, shipping and commercial
records, investigative work product, notes of interviews, documents
obtained from any source, schedules of data, investigative plans and
directives, disclosures, settlement agreements, and any other records
prepared in conjunction with a case including information which tends
to explain, interpret, or substantiate any of the above. The system
also includes indices of these records, tracking systems, and listings
of information otherwise included within the system.
The Records Tracking System contains information in electronic and
paper media. Information within the system may be stored in files or
data bases by specific subject or in general groupings. The information
remains within the system through analysis, research, corroboration,
field investigation, reporting, and referral within the Commission or
to another government agency. Information remains within the system
whether a case is open or closed or the matter becomes inactive.
Information also remains within the system when records are retired to
storage or are otherwise purged.
Authority for maintenance of the system:
Shipping Act of 1984, Intercoastal Shipping Act, 1933, and Shipping
Act, 1916 (46 U.S.C. app. 1701, 843, and 801).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. In the event that a system of records maintained by the FMC to
carry out its functions indicates a violation or potential violation of
law or contract, whether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or by
rule, regulation, or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed, as a
routine use, to a Federal, State or local agency maintaining civil,
criminal or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to an FMC decision concerning the assignment,
hiring or retention of an individual, the issuance of a security
clearance, or the issuance of a license, grant or other benefit.
3. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, local or international agency, in
response to its request, in connection with the assignment, hiring or
retention of an individual, the issuance of a security clearance, the
reporting of an investigation of an individual, the letting of a
contract, or the issuance of license, grant, or other benefit by the
requesting agency to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
4. A record from this system of records may be disclosed, as a
routine use, in the course of presenting evidence to a court magistrate
or administrative tribunal, including disclosures to opposing counsel
in the course of settlement negotiations.
5. A record in this system of records may be disclosed as a routine
use to either House of Congress, or to the extent of matter within its
jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of such joint committee.
6. A record in this system of records may be disclosed, as a
routine use, to the Department of Justice in connection with
determining whether disclosure thereof is required by the Freedom of
Information Act (5 U.S.C. 552).
7. A record in this system may be transferred, as a routine use, to
the Office of Personnel Management for personnel research purposes; as
a data source for management information; for the production of summary
descriptive statistics and analytical studies in support of the
function for which the records are collected and maintained; or for
related manpower studies.
8. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in paper form in filing cabinets and in a
Lektriever, Series 80. Statistical data taken from record forms are
maintained in a personal computer.
Retrievability:
Information filed by case of subject file. Records pertaining to
individuals are accessed by reference to the Bureau of Enforcement's
name-relationship index system.
[[Page 37966]]
Safeguards:
Records are located in locked metal file cabinets or in metal file
cabinets in secured rooms or secured premises with access limited to
those whose official duties require access. The Lektriever files are
locked with a key and the key is secured in a locked file cabinet.
Computer information is safeguarded with an access code. Files are
maintained in buildings that have 24 hour security guards.
Retention and disposal:
Records are retained for 7 years after the end of the calendar year
in which the case file actions are concluded; the records are destroyed
25 years after cutoff.
System manager(s) and address:
Director, Bureau of Enforcement, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Individual shippers, carriers, freight forwarders, those authorized
by the individual to furnish information, trade sources, investigative
agencies, investigative personnel of the Bureau of Enforcement and
other sources of information.
Systems exempted from certain provisions of the Act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement purposes
is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid
compromise of ongoing investigations, disclosure of the identity of
confidential sources and unwarranted invasions of personal privacy of
third parties.
FMC-24
System name:
Informal Inquiries and Complaints Files--FMC.
Security Classification:
Unclassified.
System location:
Office of Informal Inquiries and Complaints, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Consumers complaining against business entities regulated by the
Commission
Categories of records in the system:
Copies of complaints and correspondence developed in their
resolution complaint tracking logs; and complaint tracking electronic
summary database.
Authority for maintenance of the system:
Executive Order 12160, September 26, 1979.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system of records is used or may be used:
1. To determine whether a complaint can be resolved by staff in
various bureaus and offices.
2. To determine whether a complaint can be resolved by a business
entity regulated by the Commission.
3. To determine whether the complaint can be resolved by reference
to another agency at the Federal, State or local level.
4. To provide information to the Commission on developments or
trends in the character of complaints which might suggest policy
directions, proposed rules or programs.
5. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Physical records are maintained in file folders; the electronic
database is maintained on the Commission's local area network.
Retrievability:
Physical and electronic records are serially numbered and indexed
by complainant and respondents.
Safeguards:
Physical records are maintained in locked file cabinets; access to
electronic records is password protected.
Retention and disposal:
Records are maintained by the Federal Maritime Commission for four
years and then destroyed. The electronic summary database is
permanently maintained.
System manager(s) and address:
Director, Office of Informal Inquiries and Complaints, Federal
Maritime Commission, 800 North Capitol Street, NW., Washington, DC
20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such request
to the Secretary at the above listed address. Such requests shall
specify the desired amendments and the reasons therefor, and shall meet
the requirements of section 503.66 of title 46 of the Code of Federal
Regulations.
Record source categories:
Consumers who have filed complaints.
[[Page 37967]]
Systems exempted from certain provisions of the Act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement purposes
is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid
compromise of ongoing investigations, disclosure of the identity of
confidential sources and unwarranted invasions of personal privacy of
third parties.
FMC-25
System name:
Inspector General File.
System Classification:
Unclassified.
System location:
Office of the Inspector General, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Individuals and entities who are or have been the subjects of
investigations conducted by the OIG, including present and former FMC
employees; consultants, contractors, and subcontractors and their
employees; and other individuals and entities doing business with the
FMC.
Categories of records in the system:
A. Investigative Case Files
1. Case Index
Selected information from each case file indexed by case file
number, and case title which may include names of subjects of
investigations.
2. Hard Copy Files
Case files developed during investigations of known or alleged
fraud and abuse and irregularities and violations of laws and
regulations. Cases relate to agency personnel and programs and
operations administered by the agency, including contractors and others
having a relationship with the agency. Files consist of investigative
reports and related documents, such as correspondence, internal staff
memoranda, copies of all subpoenas issued during the investigation,
affidavits, statements from witnesses, transcripts of testimony taken
in the investigation and accompanying exhibits, notes, attachments, and
working papers. Files containing information or allegations which are
of an investigative nature but do not relate to a specific
investigation.
B. Hotline Complaints
1. Hotline Index
Selected information from each hotline complaint file indexed by
hotline case number and title which may include names of subject of
hotline complaint.
2. Hard Copy Files
Information obtained from hotline complainants reporting
indications of waste, fraud, and mismanagement. Specific information to
include name and address of complainant, date complaint received,
program area, nature and subject of complaint, and any additional
contacts and specific information provided by the complainant.
Information on OIG disposition.
Authority for maintenance of the system:
The Inspector General Act of 1978 (5 U.S.C. App. 3), as amended by
Pub. L. 100-504; 44 U.S.C. 3101 et seq.; Commission Order No. 113.
Purpose(s):
The records maintained in the system are used by the OIG in
furtherance of the responsibilities of the Inspector General, pursuant
to the Inspector General Act of 1978, as amended, to conduct and
supervise audits and investigations relating to programs and operations
of the FMC; to promote economy, efficiency, and effectiveness in the
administration of such programs and operations; and to prevent and
detect fraud and abuse in such programs and operations.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The records in the system may be used and disseminated to further
the purposes described above. The following routine uses apply to the
records maintained in this system:
1. A record may be disclosed to an individual, or to a Federal,
State, local, or international agency when necessary to further the
ends of a legitimate investigation or audit.
2. A record which indicates either by itself or in combination with
other information within the agency's possession, a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, and whether arising by general statute or particular program
statute, or by rule, regulation, or order issued pursuant thereto, or
which indicates a violation or potential violation of a contract, may
be disclosed to the appropriate agency, whether Federal, State, local
or international, charged with the responsibility of investigating or
prosecuting such violation, or of enforcing or implementing the
statute, or rule, regulation, or order issued pursuant thereto, or of
enforcing the contract.
3. A record may be disclosed to a Federal, State, local or
international agency, in response to its request, in connection with
the assignment, hiring, or retention of an individual, the issuance of
a security clearance, the reporting of an investigation of an
individual, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
4. A record may be disclosed to a Member of Congress who submits an
inquiry on behalf of an individual, when the Member of Congress informs
the FMC that the individual to whom the record pertains has authorized
the Member of Congress to have access to the record. In such cases, the
Member of Congress has no more right to the record than does the
individual.
5. A record may be disclosed to the Office of Government Ethics for
any purpose consistent with that Office's mission, including the
compilation of statistical data.
6. A record may be disclosed to the U.S. Department of Justice in
order to obtain that Department's advice regarding an agency's
disclosure obligation under the Freedom of Information Act.
7. A record may be disclosed to the Office of Management and Budget
in order to obtain that Office's advice regarding an agency's
obligations under the Privacy Act.
8. A record may be disclosed to a grand jury agent pursuant either
to a federal or state grand jury subpoena or to a prosecution request
that such record be released for the purpose of its introduction to a
grand jury.
9. A record may be disclosed to a ``consumer reporting agency'' as
that term is defined in the Fair Credit Reporting Act and the Federal
Claims Collection Act of 1966 in accordance with section 3711(f) of 31
U.S.C. and for the purposes of obtaining information in the course of
an investigation or audit.
10. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the
[[Page 37968]]
agency or another agency or entity) that rely upon the compromised
information; and (c) the disclosure made to such agencies, entities,
and persons is reasonably necessary to assist in connection with the
agency's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The investigative case index and the hotline case index are stored
on a hard disk on a personal computer. The hard copy files are stored
in file folders. All records are stored under secured conditions.
Retrievability:
Records in the investigative and hotline case index are retrieved
by case title which may include the name of the subject of an
investigation and by case number. Records in the hard copy files are
retrieved by case numbers.
Safeguards:
Direct access is limited to authorized staff of the OIG. Additional
access within FMC is limited to authorized officials on a need-to-know
basis. All records, when not in a possession of an authorized
individual are stored in locked cabinets or a locked, standalone,
personal computer in a locked room.
Retention and disposal:
1. Files containing information or allegations which are of an
investigative nature but do not relate to a specific investigation are
retained for seven years.
2. Other investigative case files are retained for ten years.
System manager(s) and address:
Inspector General, Office of The Inspector General, Federal
Maritime Commission, Room 1072, 800 North Capitol Street, NW.,
Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001. However, see Exemption section below.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations. However, see Exemption section below.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations. However, see Exemption section below.
Record source categories:
Agency employees, reports and contracts from other agencies, and
internal and external documents.
Systems exempted from certain provisions of the act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement purposes
is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid
compromise of ongoing investigations, disclosure of the identity of
confidential sources and unwarranted invasions of personal privacy of
third parties.
All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or qualifications
for Federal civilian employment or for access to classified
information, to the extent that disclosure would reveal the identity of
a source who furnished information to the Commission under a promise of
confidentiality is exempt from the provisions of 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is required to
honor promises of confidentiality.
All information meeting the criteria of 5 U.S.C. 552a(j)(2)
pertaining to the enforcement of criminal laws is exempt from the
provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i).
Exemption is appropriate to avoid compromise of ongoing investigations,
disclosure of the identity of confidential sources and unwarranted
invasions of personal privacy of third parties.
FMC-26
System name:
Administrative Grievance File--FMC.
System Classification:
Unclassified.
System location:
Office of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Any employee of the Federal Maritime Commission, including any
former employee for whom a remedy can be provided.
Categories of records in the system:
Administrative Grievance Files contain all documents related to a
particular grievance, including but not limited to any statements of
witnesses, records or copies thereof, the report of the hearing when
one is held, statements made by the parties to the grievance, and the
decision.
Authority for maintenance of the system:
5 U.S.C. 1302, 3301, 3302, 7301, E.O. 9830, 3 CFR 1943-1948 Comp.,
pp. 606-624; E.O. 11222, 3 CFR 2964-2969 Comp., p. 306.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Information in this system of records is used or may be used:
1. By Commission officials designated as grievance examiners for
the purpose of adjudication, by the Director of EEO in the event of an
investigation when the EEO complaint relates to the grievance, or for
information concerning the outcome of the grievance.
2. By the Office of Personnel Management in the course of an
investigation of a particular employee of the Commission, for
statistical analysis purposes, or for program compliance checks.
3. By the Merit Systems Protection Board if necessitated by an
appeal.
4. By the appropriate District Court of the United States to render
a decision when the Commission has refused to release a current or
former employee's record under the Freedom of Information Act.
5. To refer, where there is an indication of a violation or
potential violation of law, whether civil, criminal or regulatory in
nature, information to the appropriate agency, whether Federal, State,
or local, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rules, regulation or order issued pursuant thereto.
6. To request from a Federal, State, or local agency maintaining
civil, criminal, or other relevant enforcement information, data
relevant to a Commission decision concerning the hiring or retention of
an employee.
7. To provide or disclose information to a Federal agency in
response to its
[[Page 37969]]
request in connection with the hiring or retention of an employee, to
the extent that the information is relevant and necessary to the
requesting agency's decision on that matter.
8. By the employee or his/her designated representative in order to
gather or provide information necessary to process the grievance.
9. To appropriate agencies, entities, and persons when (a) The
Federal Maritime Commission suspects or has confirmed that the security
or confidentiality of information in the system of records has been
compromised; (b) the agency has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the agency or another agency or entity) that rely upon
the compromised information; and (c) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the agency's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are stored in locked file cabinets.
Retention and disposal:
In accordance with General Records Schedule 1, the Administrative
Grievance File is destroyed 4 years after case is closed.
System manager(s) and address:
Director of Human Resources, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be addressed
to: Secretary, Federal Maritime Commission, 800 North Capitol Street,
NW., Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the Secretary
listed at the above address. Requests may be in person or by mail and
shall meet the requirements set out in section 503.65 of title 46 of
the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such request
to the Secretary at the above listed address. Such requests shall
specify the desired amendments and the reasons therefor, and shall meet
the requirements of section 503.66 of title 46 of the Code of Federal
Regulations.
Record source categories:
Information is supplied by the individual to whom the record
pertains and/or by his or her representative, human resource
specialists, grievance examiners, and any parties providing information
bearing directly on the grievance.
Systems exempted from certain provisions of the Act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement purposes
is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid
compromise of ongoing investigations, disclosure of the identity of
confidential sources and unwarranted invasions of personal privacy of
third parties.
All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or qualifications
for Federal civilian employment or for access to classified
information, to the extent that disclosure would reveal the identity of
a source who furnished information to the Commission under a promise of
confidentiality is exempt from the provisions of 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is required to
honor promises of confidentiality.
FMC-28
System name:
Equal Employment Opportunity Complaint Files--FMC.
System location:
Office of General Counsel, Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC 20573-0001.
Note: This system of
