Privacy Act System of Records, 77872-77875 [2010-31356]
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77872
Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is found at sections 1, 4, 225, and 303(r)
of the Communications Act of 1934, as
amended (Act), 47 U.S.C. 151, 154, 225,
and 303(r).
Total Annual Burden: 3 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information (PII) from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: In document FCC
10–88, the Commission finds good
cause to adopt an interim rule requiring
the Chief Executive Officer, Chief
Financial Officer, or other senior
executive of a Telecommunications
Relay Service (TRS) provider submitting
minutes to the Interstate TRS Fund
(Fund) administrator for compensation
on a monthly basis to certify, under
penalty of perjury, that the submitted
minutes were handled in compliance
with section 225 of the Act and the
Commission’s rules and orders. Also in
this document, the Commission requires
such an executive to certify, under
penalty of perjury, that cost and demand
data submitted to the Fund
administrator on an annual basis related
to the determination of compensation
rates or methodologies are true and
correct. The explosive growth in the
Fund in recent years and evidence of
fraud against the Fund, as evidenced by
recent indictments and guilty pleas from
call center managers and employees
admitting to defrauding the Fund of tens
of millions of dollars, require the
Commission to take immediate steps in
preserving the Fund to ensure the
continued availability of TRS. By
requiring providers to be more
accountable for their submissions, the
Commission takes necessary, affirmative
steps to preserve the TRS Fund.
Marlene H. Dortch,
Secretary, Federal Communications
Commission.
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FEDERAL COMMUNICATIONS
COMMISSION
[Report No. 2922]
Petition for Reconsideration of Action
in Rulemaking Proceeding
December 1, 2010.
A Petition for Reconsideration has
been filed in the Commission’s
Rulemaking proceeding listed in this
Public Notice and published pursuant to
47 CFR 1.429(e). The full text of this
document is available for viewing and
copying in Room CY–B402, 445 12th
Street, SW., Washington, DC or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
(BCPI) (1–800–378–3160). Oppositions
to this petition must be filed by
December 29, 2010. See Section
1.4(b)(1) of the Commission’s rules
(47 CFR 1.4(b)(1)). Replies to an
opposition must be filed within 10 days
after the time for filing oppositions has
expired.
Subject: In the Matter Amendment of
Section 73.202(b), Table of Allotments
FM Broadcast Stations (Markham,
Ganado and Victoria, Texas) (MB Docket
No. 07–163).
Number of Petitions Filed: 1.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–31352 Filed 12–13–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[Report No. 2923]
Petition for Reconsideration of Action
in Rulemaking Proceeding
December 3, 2010.
A Petition for Reconsideration has
been filed in the Commission’s
Rulemaking proceeding listed in this
document and published pursuant to
47 CFR 1.429(e). The full text of this
document is available for viewing and
copying in Room CY–B402, 445 12th
Street, SW., Washington, DC, or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
(BCPI) (1–800–378–3160). Oppositions
to this petition must be filed by
December 29, 2010. See Section
1.4(b)(1) of the Commission’s rules
(47 CFR 1.4(b)(1)). Replies to an
opposition must be filed within 10 days
after the time for filing oppositions has
expired.
Subject: In the Matter of Amendment
of Part 101 of the Commission’s Rules
to Accommodate 30 Megahertz
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Channels in the 6525–6875 MHz Band
(WT Docket No. 09–114).
Amendment of Part 101 of the
Commission’s Rules to Provide for
Conditional Authorization on
Additional Channels in the 21.8–22.0
GHz and 23.0–23.2 GHz Band.
Number of Petitions Filed: 1.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–31354 Filed 12–13–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC, Commission, or the
Agency).
ACTION: Notice; one new Privacy Act
system of records; two deleted systems
of records.
AGENCY:
Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(‘‘Privacy Act’’), 5 U.S.C. 552a, the FCC
proposes to add one new, consolidated
system of records, FCC/EB–5,
‘‘Enforcement Bureau Activity Tracking
System (EBATS).’’ FCC/EB–5, ‘‘EBATS’’
will incorporate the information, e.g.,
personally identifiable information (PII),
presently covered by two FCC systems
of records, FCC/EB–1, ‘‘Violators Files,’’
and FCC/EB–3, ‘‘Investigations and
Hearings,’’ and also add new and
updated information that pertains to the
mission and activities of the FCC’s
Enforcement Bureau (EB or Bureau),
including spectrum enforcement. Upon
both the approval and deployment of
FCC/EB–5, ‘‘EBATS,’’ the Commission
will cancel FCC/EB–1 and FCC/EB–3.
The purposes for adding this new
system of records, FCC/EB–5, ‘‘EBATS,’’
are for EB to use the records in this
system of records to improve the
Bureau’s operations and work flow,
increase its reporting capabilities, and
improve the reliability and consistency
of its data. The new system of records
will consolidate the systems of records
that the Bureau currently uses so that all
the PII data in the various EB
information systems are now housed in
a single, Bureau-wide, and consistentlydefined system of records.
DATES: In accordance with subsections
(e)(4) and (e)(11) of the Privacy Act, any
interested person may submit written
comments concerning the alteration of
this system of records on or before
January 13, 2011. The Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget (OMB), which has oversight
SUMMARY:
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responsibility under the Privacy Act to
review the system of records, and
Congress may submit comments on or
before January 24, 2011. The proposed
new system of records will become
effective on January 24, 2011 unless the
FCC receives comments that require a
contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary. As
required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting
reports on this proposed new system to
OMB and Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554, (202) 418–0217, or via the
Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Leslie F. Smith, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554,
(202) 418–0217 or via the Internet at
Leslie.Smith@fcc.gov.
As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of this proposed new system of records
maintained by the FCC. The FCC
previously gave complete notice of the
two systems of records, FCC/EB–1,
‘‘Violators Files’’ and FCC/EB–3,
‘‘Investigations and Hearings,’’ which it
intends to cancel upon both the
approval and deployment of FCC/EB–5,
‘‘EBATS,’’ as referenced under this
Notice by publication in the Federal
Register on April 5, 2006 (71 FR 17234,
17237 and 17238 respectively). This
notice is a summary of the more
detailed information about the proposed
new system of records, which may be
viewed at the location given above in
the ADDRESSES section. The purposes for
adding this new system of records, FCC/
EB–5, ‘‘EBATS,’’ are for the FCC’s
Enforcement Bureau (EB) to use the
records in FCC/EB–5, ‘‘EBATS,’’ to
improve the Bureau’s operations and
workflow, increase its reporting
capacities, and improve the reliability
and consistency of its data. The new
system of records will consolidate the
separate and independent systems of
records that the Bureau currently uses
so that all PII data in the various EB
information systems are now housed in
a single, Bureau-wide, and consistentlydefined system of records.
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SUPPLEMENTARY INFORMATION:
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This notice meets the requirement
documenting the change to the systems
of records that the FCC maintains, and
provides the public, OMB, and Congress
with an opportunity to comment.
FCC/EB–5
SYSTEM NAME: ENFORCEMENT BUREAU ACTIVITY
TRACKING SYSTEM (EBATS).
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Primary: Enforcement Bureau (EB),
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554; and
Secondary: Various field facilities.
Information about FCC Field Offices can
also be found at https://www.fcc.gov/eb/
rfo.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The records in this system include:
1. Individuals, including FCC
employees, who have filed complaints
alleging violations of the
Communications Act of 1934, as
amended (the ‘‘Communications Act’’);
FCC regulations; other statutes and
regulations subject to the FCC’s
jurisdiction; and/or international
treaties (collectively referred to hereafter
as ‘‘FCC Rules and Regulations’’) by FCC
licensees or regulates, or individuals
who have filed such complaints on
behalf of business(es), institution(s),
etc., and who may have included their
personally identifiable information (PII)
in the complaint;
2. Individuals who are or have been
the subjects of Federal Communications
Commission (FCC) field monitoring,
inspection, and/or investigation, etc., for
possible violations of FCC Rules and
Regulations;
3. Licensees, applicants, regulatees,
and unlicensed individuals about whom
there are questions of compliance with
FCC Rules and Regulations; and
4. FCC employees, contractors, and
interns who perform work on behalf of
the Enforcement Bureau.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include:
1. Information that is associated with
those individuals who file complaints or
who are being investigated for possible
enforcement actions, e.g., violators, etc.
The information may include:
(a) An individual’s name, Social
Security Number (SSN) or Taxpayer
Identification Number (TIN), gender,
race/ethnicity, birth date/age, place of
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birth, biometric data (photograph(s)),
marital status, spousal data,
miscellaneous family data, home
address, home address history, home
telephone number(s), personal cell
phone number(s), personal fax
number(s), personal e-mail address(es),
credit card number(s), driver license
number(s), bank account data, financial
data, law enforcement data, background
investigatory data, national security
data, employment and/or employer
data, and other miscellaneous materials,
documents, and files, etc., which are
used for background information and
data verification, etc.;
(b) Inspection reports, audit reports,
complaints, referrals, monitoring
reports, inspection cases, referral
memos, correspondence, discrepancy
notifications, warning notices, and
forfeiture actions, etc.; and
(c) Miscellaneous materials,
documents, files, and records that are
used for background information and
data verification concerning individuals
who may be accused or have violated
the Commission’s rules and regulations.
2. The information that is associated
with the same or similar current
enforcement cases and historic records
and other archival, background, and
research data and materials that are
stored for reference in enforcement
actions, i.e., inspection reports,
complaints, monitoring reports,
investigative cases, referral memos,
correspondence, discrepancy
notifications, warning notices, and
forfeiture actions; and
3. Other, miscellaneous information
that complainants may have included
on FCC Forms 475B, 501, 1088, and/or
2000, as well as any additional FCC
forms that may be used from time to
time to report possible violations of FCC
Rules and Regulations (as defined
above) to the FCC or associated with
case files.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303,
309(e), 312, 315, 318, 362, 364, 386, 501,
502, 503, 507, and 510.
PURPOSE(S):
The Enforcement Bureau uses the
information in this information system:
1. To track the status of enforcement
cases of entities (including individuals)
that have been identified as possible
violators of the FCC’s Rules and
Regulations (as defined above);
2. To determine the levels of
compliance among FCC licensees, and
other regulatees;
3. To document Commission
monitoring, audits, inspections and
investigations for compliance and
enforcement purposes;
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been determined to be sufficiently
reliable to support a referral to another
office within the Agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action;
4. Adjudication and Litigation—
Where by careful review, the Agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
Agency to be for a purpose that is
compatible with the purpose for which
the Agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The Agency or any component
thereof; or (b) any employee of the
Agency in his or her official capacity; or
(c) any employee of the Agency in his
or her individual capacity where the
Agency has agreed to represent the
employee; or (d) the United States
ROUTINE USES OF RECORDS MAINTAINED IN THE
Government is a party to litigation or
SYSTEM, INCLUDING CATEGORIES OF USERS AND
has an interest in such litigation;
THE PURPOSES OF SUCH USES:
5. Law enforcement and
Information about individuals in this
Investigation—Where there is an
system of records may routinely be
indication of a violation or potential
disclosed under the following
violation of a statute, regulation, rule, or
conditions:
order, records from this system may be
1. Public Access—Copies of FCC
shared with appropriate Federal, State,
enforcement actions are available for
or local authorities either for purposes
public inspection via the Internet at
of obtaining additional information
https://www.fcc.gov/eb/, and in the FCC’s relevant to a FCC decision or for
Reference Information Center at https://
referring the record for investigation,
www.fcc.gov/cgb/ric.html;
enforcement, or prosecution by another
2. Employment, Clearances,
agency;
Licensing, Contract, Grant, or other
6. Congressional Inquiries—When
Benefits Decisions by the Agency—
requested by a Congressional office in
Disclosure may be made to a Federal,
response to an inquiry by an individual
State, local, or foreign agency
made to the Congressional office for
maintaining civil, criminal, or other
their own records;
relevant enforcement records, other
7. Government-wide Program
pertinent records, or to another public
Management and Oversight—When
authority or professional organization, if requested by the National Archives and
necessary to obtain information relevant Records Administration (NARA) for the
to an investigation concerning the
purpose of records management
retention of an employee or other
inspections conducted under authority
personnel action (other than hiring), the of 44 U.S.C. 2904 and 2906; when the
retention of a security clearance, the
U.S. Department of Justice (DOJ) is
letting of a contract, or the issuance or
contacted in order to obtain that
retention of a grant or other benefit;
department’s advice regarding
3. Employment, Clearances,
disclosure obligations under the
Licensing, Contract, Grant, or other
Freedom of Information Act; or when
Benefits Decisions by an Entity other
the Office of Management and Budget
than the Agency—Disclosure may be
(OMB) is contacted in order to obtain
made to a Federal, State, local, foreign,
that office’s advice regarding obligations
Tribal, or other public authority of the
under the Privacy Act;
8. FCC Enforcement Actions—When a
fact that this system of records contains
record in this system involves an
information relevant to the retention of
informal complaint filed alleging a
an employee, the retention of a security
violation of FCC Rules and Regulations
clearance, the letting of a contract, or
(as defined above) by an applicant,
the issuance or retention of a license,
grant, or other benefit. The other agency licensee, regulated entity or an
or licensing organization may then make unlicensed person or entity, the
complaint may be provided to the
a request supported by the written
alleged violator for a response. When an
consent of the individual for the entire
order or other Commission-issued
records if it so chooses. No disclosure
will be made unless the information has document that includes consideration of
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4. To provide a basis for the various
administrative and civil, or criminal
actions against violators by the
Enforcement Bureau (EB), other
appropriate Commission bureaus or
offices, and/or other government
agencies;
5. To gather background information
for reference materials from various
external databases and resources, etc., to
insure that the information that is being
compiled is accurate and up-to-date
(‘‘cross-checking’’) in the course of
investigating consumer complaints and/
or enforcement cases;
6. To maintain archival information
(paper documents and files) for
reference in enforcement investigations
and other actions; and
7. To prevent duplication of FCC’s
enforcement actions, e.g., for crossreference purposes, etc.
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an informal complaint or complaints is
issued by the FCC to implement or to
enforce FCC Rules and Regulations (as
defined above), the complainant’s name
may be made public in that order or
document. Where a complainant in
filing his or her complaint explicitly
requests that confidentiality of his or
her name from public disclosure, the
Commission will endeavor to protect
such information from public
disclosure. Complaints that contain
requests for confidentiality may be
dismissed if the Commission determines
that the request impedes the
Commission’s ability to investigate and/
or resolve the complaint;
9. Breach of Federal Data—A record
from this system may be disclosed to
appropriate agencies, entities, and
persons when (1) the Commission
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Commission
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
Commission or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm;
10. Due Diligence Inquiries—Where
there is an indication of a violation or
potential violation of FCC Rules and
Regulations (as defined above), records
from this system may be shared with a
requesting individual, or representative
thereof, for purposes of obtaining such
information so long as relevant to a
pending transaction of a FCC-issued
license.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this information
system consists of electronic records,
files, and data that are stored in the
FCC’s computer network databases, at
headquarters and in the field offices,
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and paper records, documents, and files
that are stored in filing cabinets in the
EB office suites at headquarters and in
field offices.
RETRIEVABILITY:
1. Information in the electronic
database information can be retrieved by
the name(s) of the individual(s) who
filed the complaint(s), the individual
who is subject of the complaint, and by
a unique case number assigned to each
type of activity conducted by the
Bureau, e.g., inspections, audits,
investigations, hearings, due diligence
requests, etc.
2. Information in the central files, e.g.,
paper documents, records, and files,
etc., includes all the other information
pertaining to these complainant
investigations and/or cases, i.e., name,
address, telephone number, etc., and is
maintained for reference and archival
purposes. This information is retrieved
by a unique identification number
assigned to each complainant
investigation and/or case.
SAFEGUARDS:
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The paper files, documents, and
records are stored in file cabinets in
non-public areas in the EB office suites
at headquarters and in field offices. The
file cabinets are locked at the end of
each business day or when not in use.
The electronic records, data, and files
are maintained in the FCC computer
network databases at headquarters and
in the field offices. Access to both the
paper files and the electronic files is
restricted to authorized EB supervisors
and staff. Authorized staff and
contractors in the FCC’s Information
Technology Center (ITC) have access to
the electronic files. Other employees,
interns, and contractors may be granted
access to the paper files and/or the
electronic files on a ‘‘need-to-know’’
basis. The FCC’s computer network
databases are protected by the FCC’s
security protocols, which include
controlled access, passwords, and other
security features. Information resident
on the database servers is backed-up
routinely onto magnetic media. Backup
tapes are stored on-site and at a secured,
off-site location. The information that is
stored in the computer databases in the
EB field offices is protected by similar
security protocols and safeguards.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA). [check with
Records Management]
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SYSTEM MANAGER(S) AND ADDRESS:
Enforcement Bureau (EB), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
77875
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Federal Communications
Commission.
[FR Doc. 2010–31356 Filed 12–13–10; 8:45 am]
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NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its notification
procedure for this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its record access
procedure for this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR Section 0.561)
that this system of records is exempt
from disclosing its record sources for
this system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
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FEDERAL MARITIME COMMISSION
[Docket No. 10–10]
Draft Cargoways India (PVT.) LTD. v.
DAMCO U.S.A., INC., DAMCO A/S, A.P.
Moller–Maersk A/S, Glencore LTD., and
Allegheny Alloys Trading LP; Notice of
Filing of Amended Complaint
Notice is given that an Amended
Complaint has been filed with the
Federal Maritime Commission
(‘‘Commission’’) by DRAFT
CARGOWAYS (INDIA) PVT. LTD.
(‘‘Complainant’’) in this proceeding
against DAMCO USA, INC., DAMCO A/
S, AND A.P. MOLLER–MAERSK A/S
(‘‘Respondent’’) noticed on November
16, 2010 (75 FR 20005). Complainant
asserted in its original complaint that
Respondents violated Sections 8(a)(1),
10(b)(2)(A), 10(b)(11), 10(b)(13) and
10(d)(1) of the Shipping Act of 1984, 46
U.S.C. 40501(a)(1), 41104(2) and (11),
41103(a) and 41102(c). Complainant
alleged that Respondents ‘‘invoiced and
attempted to collect amounts from
Complainant for demurrage and
detention’’ on the shipments at issue
and that ‘‘DAMCO A/S’ published tariff
did not contain any demurrage and
detention provisions * * *.’’
Complainant alleged that Respondent
DAMCO US has ‘‘made * * * false
representations, misleading statements
or omissions in a Complaint (* * *)
filed in the United States District Court
for the Eastern District of Virginia’’
pertaining to the same shipping
transactions. Complainant also alleged
that Respondents ‘‘have repeatedly
utilized a ‘bait and switch’ scheme
* * * in misleading the shipping
public, including DRAFT, * * * by
utilizing DAMCO US, DAMCO A/S, and
MAERSK as interchangeable parts’’ and
that the scheme is a ‘‘practice.’’
Complainant asserted that by using this
scheme Respondents ‘‘knowingly
disclosed, offered, solicited and
received information concerning the
nature, kind, quantity, destination,
shipper, consignee, and routing of the
property * * * without the consent of
DRAFT and us(ed) that information to
the detriment and disadvantage to
DRAFT.’’ Complainant asserted that it
‘‘has lost significant business to
MAERSK generated by its Indian
accounts related to subject shipments.’’
E:\FR\FM\14DEN1.SGM
14DEN1
Agencies
[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77872-77875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31356]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC, Commission, or the
Agency).
ACTION: Notice; one new Privacy Act system of records; two deleted
systems of records.
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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to add one
new, consolidated system of records, FCC/EB-5, ``Enforcement Bureau
Activity Tracking System (EBATS).'' FCC/EB-5, ``EBATS'' will
incorporate the information, e.g., personally identifiable information
(PII), presently covered by two FCC systems of records, FCC/EB-1,
``Violators Files,'' and FCC/EB-3, ``Investigations and Hearings,'' and
also add new and updated information that pertains to the mission and
activities of the FCC's Enforcement Bureau (EB or Bureau), including
spectrum enforcement. Upon both the approval and deployment of FCC/EB-
5, ``EBATS,'' the Commission will cancel FCC/EB-1 and FCC/EB-3. The
purposes for adding this new system of records, FCC/EB-5, ``EBATS,''
are for EB to use the records in this system of records to improve the
Bureau's operations and work flow, increase its reporting capabilities,
and improve the reliability and consistency of its data. The new system
of records will consolidate the systems of records that the Bureau
currently uses so that all the PII data in the various EB information
systems are now housed in a single, Bureau-wide, and consistently-
defined system of records.
DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy
Act, any interested person may submit written comments concerning the
alteration of this system of records on or before January 13, 2011. The
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), which has oversight
[[Page 77873]]
responsibility under the Privacy Act to review the system of records,
and Congress may submit comments on or before January 24, 2011. The
proposed new system of records will become effective on January 24,
2011 unless the FCC receives comments that require a contrary
determination. The Commission will publish a document in the Federal
Register notifying the public if any changes are necessary. As required
by 5 U.S.C. 552a(r) of the Privacy Act, the FCC is submitting reports
on this proposed new system to OMB and Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554, (202) 418-0217, or via the Internet at
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
(202) 418-0217 or via the Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of this proposed new system of records maintained by the FCC.
The FCC previously gave complete notice of the two systems of records,
FCC/EB-1, ``Violators Files'' and FCC/EB-3, ``Investigations and
Hearings,'' which it intends to cancel upon both the approval and
deployment of FCC/EB-5, ``EBATS,'' as referenced under this Notice by
publication in the Federal Register on April 5, 2006 (71 FR 17234,
17237 and 17238 respectively). This notice is a summary of the more
detailed information about the proposed new system of records, which
may be viewed at the location given above in the ADDRESSES section. The
purposes for adding this new system of records, FCC/EB-5, ``EBATS,''
are for the FCC's Enforcement Bureau (EB) to use the records in FCC/EB-
5, ``EBATS,'' to improve the Bureau's operations and workflow, increase
its reporting capacities, and improve the reliability and consistency
of its data. The new system of records will consolidate the separate
and independent systems of records that the Bureau currently uses so
that all PII data in the various EB information systems are now housed
in a single, Bureau-wide, and consistently-defined system of records.
This notice meets the requirement documenting the change to the
systems of records that the FCC maintains, and provides the public,
OMB, and Congress with an opportunity to comment.
FCC/EB-5
SYSTEM NAME: Enforcement Bureau Activity Tracking System (EBATS).
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
Primary: Enforcement Bureau (EB), Federal Communications Commission
(FCC), 445 12th Street, SW., Washington, DC 20554; and
Secondary: Various field facilities. Information about FCC Field
Offices can also be found at https://www.fcc.gov/eb/rfo.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records in this system include:
1. Individuals, including FCC employees, who have filed complaints
alleging violations of the Communications Act of 1934, as amended (the
``Communications Act''); FCC regulations; other statutes and
regulations subject to the FCC's jurisdiction; and/or international
treaties (collectively referred to hereafter as ``FCC Rules and
Regulations'') by FCC licensees or regulates, or individuals who have
filed such complaints on behalf of business(es), institution(s), etc.,
and who may have included their personally identifiable information
(PII) in the complaint;
2. Individuals who are or have been the subjects of Federal
Communications Commission (FCC) field monitoring, inspection, and/or
investigation, etc., for possible violations of FCC Rules and
Regulations;
3. Licensees, applicants, regulatees, and unlicensed individuals
about whom there are questions of compliance with FCC Rules and
Regulations; and
4. FCC employees, contractors, and interns who perform work on
behalf of the Enforcement Bureau.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include:
1. Information that is associated with those individuals who file
complaints or who are being investigated for possible enforcement
actions, e.g., violators, etc. The information may include:
(a) An individual's name, Social Security Number (SSN) or Taxpayer
Identification Number (TIN), gender, race/ethnicity, birth date/age,
place of birth, biometric data (photograph(s)), marital status, spousal
data, miscellaneous family data, home address, home address history,
home telephone number(s), personal cell phone number(s), personal fax
number(s), personal e-mail address(es), credit card number(s), driver
license number(s), bank account data, financial data, law enforcement
data, background investigatory data, national security data, employment
and/or employer data, and other miscellaneous materials, documents, and
files, etc., which are used for background information and data
verification, etc.;
(b) Inspection reports, audit reports, complaints, referrals,
monitoring reports, inspection cases, referral memos, correspondence,
discrepancy notifications, warning notices, and forfeiture actions,
etc.; and
(c) Miscellaneous materials, documents, files, and records that are
used for background information and data verification concerning
individuals who may be accused or have violated the Commission's rules
and regulations.
2. The information that is associated with the same or similar
current enforcement cases and historic records and other archival,
background, and research data and materials that are stored for
reference in enforcement actions, i.e., inspection reports, complaints,
monitoring reports, investigative cases, referral memos,
correspondence, discrepancy notifications, warning notices, and
forfeiture actions; and
3. Other, miscellaneous information that complainants may have
included on FCC Forms 475B, 501, 1088, and/or 2000, as well as any
additional FCC forms that may be used from time to time to report
possible violations of FCC Rules and Regulations (as defined above) to
the FCC or associated with case files.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303, 309(e), 312, 315, 318, 362, 364,
386, 501, 502, 503, 507, and 510.
PURPOSE(S):
The Enforcement Bureau uses the information in this information
system:
1. To track the status of enforcement cases of entities (including
individuals) that have been identified as possible violators of the
FCC's Rules and Regulations (as defined above);
2. To determine the levels of compliance among FCC licensees, and
other regulatees;
3. To document Commission monitoring, audits, inspections and
investigations for compliance and enforcement purposes;
[[Page 77874]]
4. To provide a basis for the various administrative and civil, or
criminal actions against violators by the Enforcement Bureau (EB),
other appropriate Commission bureaus or offices, and/or other
government agencies;
5. To gather background information for reference materials from
various external databases and resources, etc., to insure that the
information that is being compiled is accurate and up-to-date (``cross-
checking'') in the course of investigating consumer complaints and/or
enforcement cases;
6. To maintain archival information (paper documents and files) for
reference in enforcement investigations and other actions; and
7. To prevent duplication of FCC's enforcement actions, e.g., for
cross-reference purposes, etc.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Public Access--Copies of FCC enforcement actions are available
for public inspection via the Internet at https://www.fcc.gov/eb/, and
in the FCC's Reference Information Center at https://www.fcc.gov/cgb/ric.html;
2. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the Agency--Disclosure may be made to a Federal,
State, local, or foreign agency maintaining civil, criminal, or other
relevant enforcement records, other pertinent records, or to another
public authority or professional organization, if necessary to obtain
information relevant to an investigation concerning the retention of an
employee or other personnel action (other than hiring), the retention
of a security clearance, the letting of a contract, or the issuance or
retention of a grant or other benefit;
3. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by an Entity other than the Agency--Disclosure may
be made to a Federal, State, local, foreign, Tribal, or other public
authority of the fact that this system of records contains information
relevant to the retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
license, grant, or other benefit. The other agency or licensing
organization may then make a request supported by the written consent
of the individual for the entire records if it so chooses. No
disclosure will be made unless the information has been determined to
be sufficiently reliable to support a referral to another office within
the Agency or to another Federal agency for criminal, civil,
administrative, personnel, or regulatory action;
4. Adjudication and Litigation--Where by careful review, the Agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the Agency to be
for a purpose that is compatible with the purpose for which the Agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The Agency or any component
thereof; or (b) any employee of the Agency in his or her official
capacity; or (c) any employee of the Agency in his or her individual
capacity where the Agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
5. Law enforcement and Investigation--Where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
6. Congressional Inquiries--When requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records;
7. Government-wide Program Management and Oversight--When requested
by the National Archives and Records Administration (NARA) for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906; when the U.S. Department of Justice (DOJ) is
contacted in order to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act; or when
the Office of Management and Budget (OMB) is contacted in order to
obtain that office's advice regarding obligations under the Privacy
Act;
8. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of FCC Rules and
Regulations (as defined above) by an applicant, licensee, regulated
entity or an unlicensed person or entity, the complaint may be provided
to the alleged violator for a response. When an order or other
Commission-issued document that includes consideration of an informal
complaint or complaints is issued by the FCC to implement or to enforce
FCC Rules and Regulations (as defined above), the complainant's name
may be made public in that order or document. Where a complainant in
filing his or her complaint explicitly requests that confidentiality of
his or her name from public disclosure, the Commission will endeavor to
protect such information from public disclosure. Complaints that
contain requests for confidentiality may be dismissed if the Commission
determines that the request impedes the Commission's ability to
investigate and/or resolve the complaint;
9. Breach of Federal Data--A record from this system may be
disclosed to appropriate agencies, entities, and persons when (1) the
Commission suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Commission 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 Commission or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Commission's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm;
10. Due Diligence Inquiries--Where there is an indication of a
violation or potential violation of FCC Rules and Regulations (as
defined above), records from this system may be shared with a
requesting individual, or representative thereof, for purposes of
obtaining such information so long as relevant to a pending transaction
of a FCC-issued license.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this information system consists of electronic
records, files, and data that are stored in the FCC's computer network
databases, at headquarters and in the field offices,
[[Page 77875]]
and paper records, documents, and files that are stored in filing
cabinets in the EB office suites at headquarters and in field offices.
RETRIEVABILITY:
1. Information in the electronic database information can be
retrieved by the name(s) of the individual(s) who filed the
complaint(s), the individual who is subject of the complaint, and by a
unique case number assigned to each type of activity conducted by the
Bureau, e.g., inspections, audits, investigations, hearings, due
diligence requests, etc.
2. Information in the central files, e.g., paper documents,
records, and files, etc., includes all the other information pertaining
to these complainant investigations and/or cases, i.e., name, address,
telephone number, etc., and is maintained for reference and archival
purposes. This information is retrieved by a unique identification
number assigned to each complainant investigation and/or case.
SAFEGUARDS:
The paper files, documents, and records are stored in file cabinets
in non-public areas in the EB office suites at headquarters and in
field offices. The file cabinets are locked at the end of each business
day or when not in use.
The electronic records, data, and files are maintained in the FCC
computer network databases at headquarters and in the field offices.
Access to both the paper files and the electronic files is restricted
to authorized EB supervisors and staff. Authorized staff and
contractors in the FCC's Information Technology Center (ITC) have
access to the electronic files. Other employees, interns, and
contractors may be granted access to the paper files and/or the
electronic files on a ``need-to-know'' basis. The FCC's computer
network databases are protected by the FCC's security protocols, which
include controlled access, passwords, and other security features.
Information resident on the database servers is backed-up routinely
onto magnetic media. Backup tapes are stored on-site and at a secured,
off-site location. The information that is stored in the computer
databases in the EB field offices is protected by similar security
protocols and safeguards.
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
[check with Records Management]
SYSTEM MANAGER(S) AND ADDRESS:
Enforcement Bureau (EB), Federal Communications Commission (FCC),
445 12th Street, SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its notification procedure for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its record access procedure for
this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its contesting record procedure
for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR Section 0.561) that this system
of records is exempt from disclosing its record sources for this system
of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE ACT:
This system of records is exempt from sections (c)(3), (d),
(e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C.
552a, and from 47 CFR 0.554-0.557 of the Commission's rules. These
provisions concern the notification, record access, and contesting
procedures described above, and also the publication of record sources.
The system is exempt from these provisions because it contains the
following types of information:
1. Investigative material compiled for law enforcement purposes as
defined in Section (k)(2) of the Privacy Act;
2. Properly classified information, obtained from another Federal
agency during the course of a personnel investigation, which pertains
to national defense and foreign policy, as stated in Section (k)(1) of
the Privacy Act; and
3. Investigative material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, as described in Section (k)(5) of the Privacy Act,
as amended.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. 2010-31356 Filed 12-13-10; 8:45 am]
BILLING CODE 6712-01-P