Privacy Act of 1974; Systems of Records, 55703-55716 [2013-22072]

Download as PDF Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices CONTESTING RECORD PROCEDURES: External user applications enable users to submit edits to a person or organization registration for review. Further inquiries may be directed towards individual departments responsible for record analysis. RECORD SOURCE CATEGORIES: 1. User submitted person and organization registration information and documentation. 2. Analyst reviews and rulings on appropriated tasks. 3. Automated record keeping from user devices. By the Commission. Karen V. Gregory, Secretary. [FR Doc. 2013–22071 Filed 9–10–13; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION Privacy Act of 1974; Systems of Records Federal Maritime Commission. Notice to modify systems of records and republication. AGENCY: ACTION: The Federal Maritime Commission proposes to update a number of Privacy Act Systems of Records in its existing inventory of record systems subject to the Privacy Act of 1974, as amended, and to republish the Commission’s complete Systems of Records. DATES: Written Comments must be received no later than October 11, 2013. The amendments will become effective as proposed on October 11, 2013 unless the Commission receives comments that would result in a contrary determination. ADDRESSES: You may submit written comments to: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 N. Capitol Street NW., Washington, DC 20573–0001, Secretary@fmc.gov. Or email comments to: Secretary@FMC.gov (email Comments as an attachment in MS Word or PDF). Include in the Subject Line: ‘‘Comments on Systems of Records Notice’’. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573– 0001, (202) 523–5725, Secretary@ fmc.gov. emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: The Federal Maritime Commission’s (FMC) notices for system of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 as amended, have been published in the Federal Register and are available from the Secretary, Federal Maritime Commission, or from the FMC’s Web site at FMC Systems of Records Based on Privacy Act Issuances. Notice is given that, pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, the Federal Maritime Commission proposes to revise its current inventory of Systems of Records (SOR) and to republish the FMC’s complete SOR. FMC–8 maintains records information related to the Official Personnel Folder. The Privacy Act notice is being updated to reflect the current System Name and automation of the files in this system. FMC–18 maintains records information related to Travel Orders/ Vouchers File. The Privacy Act notice is being updated to reflect the current office name for the system location and system manager. FMC–22 maintains records or individuals involved in official investigations conducted by the agency. The Privacy Act notice is being updated to reflect the current system location, individuals covered by the system, records in the system, authority for maintenance of the system, safeguards, retention and disposal, and record source. FMC–24 maintains records information related to Informal Inquiries and Complaints Files. The Privacy Act notice is being updated to reflect the current system location, individuals covered by the system, routine uses of records maintained in the system, the system manager and address, and record source. FMC–31 maintains records information related to Debt Collection Files. The Privacy Act notice is being updated to reflect the current system location, system manager and address. FMC–34 maintains records information related to the Travel Charge Card Program. The Privacy Act notice is being updated to reflect the system location. Accordingly, the Commission’s complete Systems of Records inventory, inclusive of the above listed changes is published in its entirety below. 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 55703 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–32 Regulated Persons Index FMC–33 Payroll/Personnel System FMC–34 Travel Charge Card Program FMC–35 Transit Benefits File FMC–36 SmartPay Purchase Charge Card Program FMC–1 SYSTEM NAME: Personnel Security File-FMC. SECURITY CLASSIFICATION: Unclassified. 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 E:\FR\FM\11SEN1.SGM 11SEN1 55704 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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. 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. emcdonald on DSK67QTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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. 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 therefore, 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. Frm 00029 Fmt 4703 Sfmt 4703 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: PO 00000 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 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. 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 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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: Applicants. FMC–7 SYSTEM NAME: Licensed Ocean Transportation Intermediaries Files (Form FMC–18). Unclassified. Physical records are maintained in file folders in a limited access location. Electronic records are maintained within the confines of FMC–39, FMC General Support System (FMC GSS). RETRIEVABILITY: SAFEGUARDS: Physical records are maintained in file cabinets under the control of personnel in the Secretary’s office. Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS). 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. 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 16:50 Sep 10, 2013 Jkt 229001 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: Physical records are indexed alphabetically by name. Electronic records are retrievable by name, address, company, application date, admission date, or card number. emcdonald on DSK67QTVN1PROD with NOTICES RECORD SOURCE CATEGORIES: SECURITY CLASSIFICATION: STORAGE: VerDate Mar<15>2010 Secretary at the above listed address. Such requests shall specify the desired amendments and the reasons therefore, and shall meet the requirements of section 503.66 of Title 46 of the Code of Federal Regulations. 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, OTIs may operate as 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). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 55705 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 and the 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 E:\FR\FM\11SEN1.SGM 11SEN1 55706 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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 in a limited access location. Electronic records are maintained within the confines of FMC–39, FMC General Support System (FMC GSS) and FMC–41, FMC SQL Database (FMCDB). RETRIEVABILITY: Records are indexed by name and license or organization number. Physical records are maintained in an area of restricted accessibility. Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS) and FMC– 41, FMC SQL Database (FMCDB). RETENTION AND DISPOSAL: Applicant and licensee files are kept as long as the application and/or license are active. Files for withdrawn and denied applications, as well as revoked and surrendered licenses are retained for ten years after final action. Thereafter, such files are destroyed in accordance with the Federal Maritime Commission Records Disposition Schedule (Revised June 2010). 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. emcdonald on DSK67QTVN1PROD with NOTICES 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. 16:50 Sep 10, 2013 Jkt 229001 1. Information submitted by applicants and licensees. 2. Information submitted by Commission Area Representatives. 3. Information submitted by the general public (e.g., through comments or 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., Accurint and Dun & Bradstreet). SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: SAFEGUARDS: VerDate Mar<15>2010 RECORD SOURCE CATEGORIES: 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 and Electronic Official Personnel Folder (eOPF)-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. 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. FMC–10 SYSTEM NAME: Desk Audit File-FMC. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Office of Human Resources, Federal Maritime Commission, 800 North PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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. 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: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Classification Appeals File-FMC. SYSTEM LOCATION: 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: 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: Records are maintained as long as the position audited remains essential, current, and accurate, after which they are destroyed. SECURITY CLASSIFICATION: SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: Director of Human Resources, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. Office of Budget and Finance, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. NOTIFICATION PROCEDURE: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: 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. emcdonald on DSK67QTVN1PROD with 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 therefore, and shall meet the requirements of section 503.66 of Title 46 of the Code of Federal Regulations. VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 Travel Orders/Vouchers File-FMC. Unclassified. 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. 55707 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 Budget and Finance. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: Federal Travel Regulation, 41 CFR parts 301–304. The records are maintained for six years and are then destroyed by shredding (in accordance with General Records Schedule 9). 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. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Budget and Finance, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. E:\FR\FM\11SEN1.SGM 11SEN1 55708 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / 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 therefore, 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: emcdonald on DSK67QTVN1PROD with NOTICES Bureau of Enforcement and Director of Field Investigations, Office of Managing Director, 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, officers, directors, and owners of ocean common carriers, non-vessel-operating common carriers (NVOCCs), ocean freight forwarders, passenger vessel VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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 Director of Field Investigations and the Bureau of Enforcement (BOE), 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, ocean transportation intermediary (NVOCC and ocean freight forwarder) application inquiries, OTI application checks, OTI compliance checks, service contract audits, common carrier audits, passenger vessel audits, special inquiries, BOE correspondence with possible unlicensed or unbonded OTIs, 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 also includes reports or extracts of reports derived from databases maintained by other government agencies. The FMC has concluded a Memorandum of Understanding (MOU) with U.S. Customs and Border Protection for PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 access to import data collected within the Automated Customs Environment system (ACE), and has executed a separate MOU with the U.S. Census Bureau with respect to export data collected within the Automated Export System (AES). By agreement, this information is received by BOE for investigative purposes only. Reports or extracts of reports are derived from the ACE and AES databases only to the extent necessary to support the agency’s investigations. 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 (46 U.S.C. 40101–41309), Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301– 42307, Section 19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101– 42109), and Public Law 89–777 (46 U.S.C. 44101–44106. 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 E:\FR\FM\11SEN1.SGM 11SEN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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 VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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. 55709 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, NVOCCs, ocean freight forwarders, those authorized by the individual to furnish information, trade sources, trade databases including ACE and AES, investigative agencies, investigative personnel and attorneys of the Bureau of Enforcement and other sources of information. 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 located in a secured room with access limited to those whose official duties require access. Computer information is safeguarded with an access code. Access to ACE and AES data may be further limited only to certain FMC agency personnel having need to know and other qualifications as specified in a MOU with CBP or the Census Bureau. Files are maintained in buildings that have 24 hour security guards. 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. Information derived from other governmental sources, e.g. Customs and Border Protection and Census Bureau, may be subject to additional exemptions pursuant to their governing statutes. RETENTION AND DISPOSAL: FMC–24 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 12 years after cutoff. SYSTEM NAME: 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. Frm 00034 Fmt 4703 Sfmt 4703 SECURITY CLASSIFICATION: Unclassified. SYSTEM MANAGER(S) AND ADDRESS: PO 00000 Informal Inquiries and Complaints Files–FMC. SYSTEM LOCATION: Office of Consumer Affairs & Dispute Resolution Services, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals and regulated entities seeking Commission provided alternative dispute resolution services to resolve regulatory and commercial shipping disputes. CATEGORIES OF RECORDS IN THE SYSTEM: Copies of complaints and correspondence developed in their resolution complaint tracking logs; and complaint tracking electronic summary database. E:\FR\FM\11SEN1.SGM 11SEN1 55710 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SAFEGUARDS: SYSTEM LOCATION: Executive Order 12160, September 26, 1979. Physical records are maintained in an area of restricted accessibility. Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS) and FMC– 41, FMC SQL Database (FMCDB). Office of the Inspector General, Federal Maritime Commission, 800 North Capitol Street NW. Washington, DC 20573–0001. RETENTION AND DISPOSAL: 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. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. § 552a(b), the following may be disclosed as a ‘‘routine use’’ pursuant to 5 U.S.C. § 552a(b)(3): 1. Information may be disclosed to staff in various bureaus and offices to determine whether a complaint can be resolved. 2. Information may be disclosed to a business entity regulated by the Commission to determine whether a complaint can be resolved. 3. Information may be disclosed to another agency at the Federal, State, or local level to determine whether a complaint can be resolved. 4. Information may be disclosed to the Commission to provide information on developments or trends in the character of complaints which might suggest policy directions, proposed rules or programs. 5. Information may be disclosed 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: emcdonald on DSK67QTVN1PROD with NOTICES STORAGE: Physical records are maintained in file folders. Electronic records are maintained within the confines of FMC– 39, FMC General Support System (FMC GSS) and FMC–41, FMC SQL Database (FMCDB). Physical and electronic records are serially numbered and indexed by complainant and respondents. 16:50 Sep 10, 2013 SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Consumer Affairs & Dispute Resolution Services, 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 therefore, and shall meet the requirements of section 503.66 of Title 46 of the Code of Federal Regulations. RECORD SOURCE CATEGORIES: Entities who have requested alternative dispute resolution services. 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: RETRIEVABILITY: VerDate Mar<15>2010 Records are maintained by the Federal Maritime Commission for four years and then destroyed. The electronic summary database is permanently maintained. Jkt 229001 Inspector General File. SYSTEM CLASSIFICATION: Frm 00035 Fmt 4703 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. Unclassified. PO 00000 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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. emcdonald on DSK67QTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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 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. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 55711 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 therefore, 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. E:\FR\FM\11SEN1.SGM 11SEN1 55712 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / 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. 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. emcdonald on DSK67QTVN1PROD with NOTICES 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. VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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 therefore, 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 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices SECURITY CLASSIFICATION: and/or by his or her representative, human resource specialists, grievance examiners, and any parties providing information bearing directly on the grievance. Unclassified. SYSTEM LOCATION: 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. Records are located in the Office of Budget and Finance, 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: Equal Employment Opportunity Complaint Files-FMC. 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). SYSTEM LOCATION: PURPOSE(S): 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. 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 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. FMC–28 SYSTEM NAME: FMC–29 SYSTEM NAME: Employee Performance File System Records-FMC. emcdonald on DSK67QTVN1PROD with NOTICES SYSTEM LOCATION: 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. FMC–31 SYSTEM NAME: Debt Collection Files. VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 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). PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 55713 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: Physical records are maintained in notebooks, file folders, and on lists and forms. Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS). 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: Physical records are maintained in locked containers and/or room in areas accessible only to authorized personnel. Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS). All records are maintained in areas that are secured by building guards during non-business hours. RETENTION AND DISPOSAL: 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 Budget and Finance, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573. E:\FR\FM\11SEN1.SGM 11SEN1 55714 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: 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. The system contains names, addresses, phone/fax numbers of regulated entities and, where applicable, tax payer identification numbers (which may be Social Security Numbers), or names, addresses, and Social Security Numbers (or alternatively, driver’s license numbers, passport, visa, or alien registration numbers) of the stockholders, officers, managers/ members, and directors of individual ocean transportation intermediaries (OTIs); financial responsibility information including name of financial institutions, instrument identification numbers and amount of instruments; and, internal processing and licenses information pertinent to OTIs. Under the Shipping Act of 1984, OTIs may operate as an ocean freight forwarder, a non-vessel-operating common carrier, or both. RECORD ACCESS PROCEDURES: Same as Notification procedures above. 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. FMC–32 SYSTEM NAME: Regulated Persons Index (‘‘RPI’’). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Bureau of Certification and Licensing, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. emcdonald on DSK67QTVN1PROD with NOTICES CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Records are maintained on persons, which may include passenger vessel operators, vessel-operating common carriers, marine terminal operators, sole proprietorships, association or agreement of persons, financial institutions, third party filers, practitioners before the Commission, ocean freight forwarders, non-vesseloperating common carriers, members of partnerships, and officers and owners of corporate licensees, managers/members and owners of limited liability companies, ex-licensees, and applicants for licenses. VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 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), 46 App. U.S.C. 1704 (recodified as 46 U.S.C. 40302–40303), 46 App. U.S.C. 1707 (recodified as 46 U.S.C. 40501–40503), 46 App. U.S.C. 817(d) and (e) (recodified 46 U.S.C. 44101–44106), 46 CFR 502.27, 46 CFR 520.3(d). 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 the Commission staff for monitoring the activities of regulated entities to ensure they are in compliance with Commission regulations. 2. By Commission staff for evaluation of applicants for licensing and certificates. 3. 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 the Trade Act of 2002 and related CBP requirements (or any other successor agency or organization) and to verify that passenger vessels with 50 or more passenger berths embarking passengers from U.S. ports have valid certificates. 4. Selected data reports containing names, addresses, phone/fax numbers are available to the public on the Commission’s Web site while more detailed reports are available for a fee. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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: Electronic records are maintained within the confines of FMC–39, FMC General Support System (FMC GSS) and FMC–41, FMC SQL Database (FMCDB). RETRIEVABILITY: Records are indexed by name, organization number, or license number. SAFEGUARDS: Electronic records are secured in accordance with FMC–39, FMC General Support System (FMC GSS) and FMC– 41, FMC SQL Database (FMCDB). RETENTION AND DISPOSAL: In accordance with the Federal Maritime Commission Records Disposition Schedule (Revised June 2010) data cutoff is at the end of the calendar year in which an entity ceases to exist or offer services regulated by the Commission, and are destroyed 25 years after the cutoff. 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 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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 therefore, 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, licensees, certificants, practitioners, third party filers, vesseloperating common carriers, marine terminal operators, financial entities including surety companies. 2. OTI license status information. 3. Information submitted by Commission Area Representatives. 4. Information obtained through Internet Web site searches and selected commercial and government database searches conducted by BCL staff in processing OTI and PVO applications (e.g., Accurint and Dun & Bradstreet). 5. Information submitted by the general public (e.g., through comments or complaints). 6. Information submitted by surety companies. 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 exempted 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–33 SYSTEM NAME: Payroll/Personnel System. SYSTEM CLASSIFICATION: Unclassified. emcdonald on DSK67QTVN1PROD with NOTICES SYSTEM LOCATION: Hard copies of personnel records and payroll transactions and reports are located at the Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. Electronic data are located at the U.S. Department of Agriculture, National Finance Center, New Orleans, LA 70129. The electronic records are subject to the Office of Personnel VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 Management’s government-wide system notice, OPM/GOVT–1. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current and former employees of the Federal Maritime Commission. CATEGORIES OF RECORDS IN THE SYSTEM: All official personnel actions and/or payroll transaction information on Commission employees. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301, 2302(b)(20)(B), 2302(b)(10), 7311, 7313; Executive Order 10450; 5 CFR 731.103. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program state, or by regulation, rule 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. A record from this system of records may be disclosed as a ‘‘routine use’’: 1. 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 agency decision concerning the hiring or retention of any employee, the issuance of a security clearance, the letting of a contract or the issuance of a license grant or other benefit. 2. 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 reporting of an investigation of an employee, 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 in the matter. 3. To the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services Federal Parent Locator Service (FPLS) and Federal Tax Offset System for use in locating individuals and identifying PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 55715 their income sources to establish paternity, establish and modify orders of support and for enforcement action. 4. To the Office of Child Support Enforcement for release to the Social Security Administration for verifying Social Security Numbers in connection with the operation of the FPLS by the Office of Child Support Enforcement. 5. To the Office of Child Support Enforcement for release to the Department of Treasury for purposes of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verifying a claim with respect to employment in a tax return. 6. To an authorized appeal grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. A record from this system of records may be disclosed to the Office of Personnel Management in accordance with the agency’s responsibility for evaluation and oversight of Federal personnel management. 7. To officers and employees of a Federal agency for purposes of audit. 8. To a Member of Congress or to a congressional staff member in response to an inquiry of the congressional office made at the request of the individual about whom the record is maintained. 9. To officers and employees of the National Finance Center in connection with administrative services provided to this agency under agreement with NFC. 10. To GAO for audit; to the Internal Revenue Service for investigation; and to private attorneys, pursuant to a power of attorney. 11. To the Merit Systems Protection Board, the Office of Special Counsel, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority, in connection with functions vested in those agencies. 12. To the Office of Management and Budget in connection with private relief legislation. 13. In litigation before a court or in an administrative proceeding being conducted by a Federal agency. 14. To the National Archives and Records Administration for records management inspections. 15. To Federal agencies as a data source for management information through the production of summary descriptive statistics and analytical studies in support of the functions for which the records are maintained for related studies. 16. To appropriate agencies, entities, and persons when (a) the Federal E:\FR\FM\11SEN1.SGM 11SEN1 emcdonald on DSK67QTVN1PROD with NOTICES 55716 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices 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. 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, Pub. L. 93–579. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Paper records are stored in Official Personnel Folders and payroll files at the FMC. Electronic records reside at the National Finance Center. Office of Budget and Finance, 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. RETRIEVABILITY: FM–35 Hard copy records are retrievable by name. Electronic data can be retrieved by Social Security Number. SYSTEM NAME: STORAGE: 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 maintained as hard copy documents by the FMC’s Office of Human Resources in secured cabinets located within a secured room. RETENTION AND DISPOSAL: 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. 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: The subject individual; the Commission. FMC–34 Travel Charge Card Program-FMC. 16:50 Sep 10, 2013 Jkt 229001 PO 00000 Frm 00041 Transit Benefits File-FMC. SYSTEM LOCATION: SAFEGUARDS: SYSTEM NAME: VerDate Mar<15>2010 SYSTEM LOCATION: Fmt 4703 Sfmt 4703 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 government-wide system notice, DOT/ALL–8. FMC–36 SYSTEM NAME: 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, Secretary. [FR Doc. 2013–22072 Filed 9–10–13; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company 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 shares of 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 offices 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 September 25, 2013. E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55703-55716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22072]


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FEDERAL MARITIME COMMISSION


Privacy Act of 1974; Systems of Records

AGENCY: Federal Maritime Commission.

ACTION: Notice to modify systems of records and republication.

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SUMMARY: The Federal Maritime Commission proposes to update a number of 
Privacy Act Systems of Records in its existing inventory of record 
systems subject to the Privacy Act of 1974, as amended, and to 
republish the Commission's complete Systems of Records.

DATES: Written Comments must be received no later than October 11, 
2013. The amendments will become effective as proposed on October 11, 
2013 unless the Commission receives comments that would result in a 
contrary determination.

ADDRESSES: You may submit written comments to: Karen V. Gregory, 
Secretary, Federal Maritime Commission, 800 N. Capitol Street NW., 
Washington, DC 20573-0001, Secretary@fmc.gov. Or email comments to: 
Secretary@FMC.gov (email Comments as an attachment in MS Word or PDF). 
Include in the Subject Line: ``Comments on Systems of Records Notice''.

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-
0001, (202) 523-5725, Secretary@fmc.gov.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission's (FMC) 
notices for system of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the Secretary, Federal Maritime Commission, or 
from the FMC's Web site at FMC Systems of Records Based on Privacy Act 
Issuances. Notice is given that, pursuant to the Privacy Act of 1974, 5 
U.S.C. 552a, the Federal Maritime Commission proposes to revise its 
current inventory of Systems of Records (SOR) and to republish the 
FMC's complete SOR.
    FMC-8 maintains records information related to the Official 
Personnel Folder. The Privacy Act notice is being updated to reflect 
the current System Name and automation of the files in this system.
    FMC-18 maintains records information related to Travel Orders/
Vouchers File. The Privacy Act notice is being updated to reflect the 
current office name for the system location and system manager.
    FMC-22 maintains records or individuals involved in official 
investigations conducted by the agency. The Privacy Act notice is being 
updated to reflect the current system location, individuals covered by 
the system, records in the system, authority for maintenance of the 
system, safeguards, retention and disposal, and record source.
    FMC-24 maintains records information related to Informal Inquiries 
and Complaints Files. The Privacy Act notice is being updated to 
reflect the current system location, individuals covered by the system, 
routine uses of records maintained in the system, the system manager 
and address, and record source.
    FMC-31 maintains records information related to Debt Collection 
Files. The Privacy Act notice is being updated to reflect the current 
system location, system manager and address.
    FMC-34 maintains records information related to the Travel Charge 
Card Program. The Privacy Act notice is being updated to reflect the 
system location.
    Accordingly, the Commission's complete Systems of Records 
inventory, inclusive of the above listed changes is published in its 
entirety below.

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-32 Regulated Persons Index
FMC-33 Payroll/Personnel System
FMC-34 Travel Charge Card Program
FMC-35 Transit Benefits File
FMC-36 SmartPay Purchase Charge Card Program
FMC-1

System name:
    Personnel Security File-FMC.

Security Classification:
    Unclassified.
    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

[[Page 55704]]

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.

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 therefore, 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

[[Page 55705]]

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 in a limited access 
location. Electronic records are maintained within the confines of FMC-
39, FMC General Support System (FMC GSS).

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 secured 
in accordance with FMC-39, FMC General Support System (FMC GSS).

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.

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 therefore, 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, OTIs may operate as 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 and the 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

[[Page 55706]]

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 in a limited access 
location. Electronic records are maintained within the confines of FMC-
39, FMC General Support System (FMC GSS) and FMC-41, FMC SQL Database 
(FMCDB).

Retrievability:
    Records are indexed by name and license or organization number.

Safeguards:
    Physical records are maintained in an area of restricted 
accessibility. Electronic records are secured in accordance with FMC-
39, FMC General Support System (FMC GSS) and FMC-41, FMC SQL Database 
(FMCDB).

Retention and disposal:
    Applicant and licensee files are kept as long as the application 
and/or license are active. Files for withdrawn and denied applications, 
as well as revoked and surrendered licenses are retained for ten years 
after final action. Thereafter, such files are destroyed in accordance 
with the Federal Maritime Commission Records Disposition Schedule 
(Revised June 2010).

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.

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 
comments or 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., Accurint 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 and Electronic Official Personnel Folder 
(eOPF)-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

[[Page 55707]]

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.

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 therefore, 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 Budget and Finance, 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 Budget and Finance.

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 Budget and Finance, Federal Maritime 
Commission, 800 North Capitol Street NW., Washington, DC 20573-0001.

[[Page 55708]]

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 therefore, 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 and Director of Field Investigations, Office 
of Managing Director, 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, officers, directors, and owners of ocean common carriers, 
non-vessel-operating common carriers (NVOCCs), 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 Director of Field 
Investigations and the Bureau of Enforcement (BOE), 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, ocean transportation intermediary 
(NVOCC and ocean freight forwarder) application inquiries, OTI 
application checks, OTI compliance checks, service contract audits, 
common carrier audits, passenger vessel audits, special inquiries, BOE 
correspondence with possible unlicensed or unbonded OTIs, 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 also includes reports or extracts of 
reports derived from databases maintained by other government agencies. 
The FMC has concluded a Memorandum of Understanding (MOU) with U.S. 
Customs and Border Protection for access to import data collected 
within the Automated Customs Environment system (ACE), and has executed 
a separate MOU with the U.S. Census Bureau with respect to export data 
collected within the Automated Export System (AES). By agreement, this 
information is received by BOE for investigative purposes only. Reports 
or extracts of reports are derived from the ACE and AES databases only 
to the extent necessary to support the agency's investigations.
    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 (46 U.S.C. 40101-41309), Foreign Shipping 
Practices Act of 1988 (46 U.S.C. 42301-42307, Section 19 of the 
Merchant Marine Act, 1920 (46 U.S.C. 42101-42109), and Public Law 89-
777 (46 U.S.C. 44101-44106.

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

[[Page 55709]]

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.

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 
located in a secured room with access limited to those whose official 
duties require access. Computer information is safeguarded with an 
access code. Access to ACE and AES data may be further limited only to 
certain FMC agency personnel having need to know and other 
qualifications as specified in a MOU with CBP or the Census Bureau. 
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 
12 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, NVOCCs, ocean freight forwarders, 
those authorized by the individual to furnish information, trade 
sources, trade databases including ACE and AES, investigative agencies, 
investigative personnel and attorneys 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. Information derived from other governmental sources, 
e.g. Customs and Border Protection and Census Bureau, may be subject to 
additional exemptions pursuant to their governing statutes.
FMC-24

System name:
    Informal Inquiries and Complaints Files-FMC.

Security Classification:
    Unclassified.

System location:
    Office of Consumer Affairs & Dispute Resolution Services, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001.

Categories of individuals covered by the system:
    Individuals and regulated entities seeking Commission provided 
alternative dispute resolution services to resolve regulatory and 
commercial shipping disputes.

Categories of records in the system:
    Copies of complaints and correspondence developed in their 
resolution complaint tracking logs; and complaint tracking electronic 
summary database.

[[Page 55710]]

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:
    In addition to those disclosures generally permitted under 5 U.S.C. 
Sec.  552a(b), the following may be disclosed as a ``routine use'' 
pursuant to 5 U.S.C. Sec.  552a(b)(3):
    1. Information may be disclosed to staff in various bureaus and 
offices to determine whether a complaint can be resolved.
    2. Information may be disclosed to a business entity regulated by 
the Commission to determine whether a complaint can be resolved.
    3. Information may be disclosed to another agency at the Federal, 
State, or local level to determine whether a complaint can be resolved.
    4. Information may be disclosed to the Commission to provide 
information on developments or trends in the character of complaints 
which might suggest policy directions, proposed rules or programs.
    5. Information may be disclosed 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 within the confines of FMC-39, FMC General Support 
System (FMC GSS) and FMC-41, FMC SQL Database (FMCDB).

Retrievability:
    Physical and electronic records are serially numbered and indexed 
by complainant and respondents.

Safeguards:
    Physical records are maintained in an area of restricted 
accessibility. Electronic records are secured in accordance with FMC-
39, FMC General Support System (FMC GSS) and FMC-41, FMC SQL Database 
(FMCDB).

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 Consumer Affairs & Dispute Resolution Services, 
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 therefore, and shall 
meet the requirements of section 503.66 of Title 46 of the Code of 
Federal Regulations.

Record source categories:
    Entities who have requested alternative dispute resolution 
services.

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.

[[Page 55711]]

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 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 therefore, 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.

[[Page 55712]]

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 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 therefore, 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

[[Page 55713]]

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 records is covered by the Equal Employment 
Opportunity Commission's Government-wide system notice, EEOC/GOVT-1.
FMC-29

System name:
    Employee Performance File System Records-FMC.

System location:
    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.
FMC-31

System name:
    Debt Collection Files.

Security Classification:
    Unclassified.

System location:
    Records are located in the Office of Budget and Finance, 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:
    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 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.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    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:
    Physical records are maintained in notebooks, file folders, and on 
lists and forms. Electronic records are secured in accordance with FMC-
39, FMC General Support System (FMC GSS).

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:
    Physical records are maintained in locked containers and/or room in 
areas accessible only to authorized personnel. Electronic records are 
secured in accordance with FMC-39, FMC General Support System (FMC 
GSS). All records are maintained in areas that are secured by building 
guards during non-business hours.

Retention and disposal:
    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 Budget and Finance, Federal Maritime 
Commission, 800 North Capitol Street NW., Washington, DC 20573.

[[Page 55714]]

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.

Record access procedures:
    Same as Notification procedures above.

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.
FMC-32

System name:
    Regulated Persons Index (``RPI'').

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 persons, which may include passenger 
vessel operators, vessel-operating common carriers, marine terminal 
operators, sole proprietorships, association or agreement of persons, 
financial institutions, third party filers, practitioners before the 
Commission, ocean freight forwarders, non-vessel-operating common 
carriers, members of partnerships, and officers and owners of corporate 
licensees, managers/members and owners of limited liability companies, 
ex-licensees, and applicants for licenses.

Categories of records in the system:
    The system contains names, addresses, phone/fax numbers of 
regulated entities and, where applicable, tax payer identification 
numbers (which may be Social Security Numbers), or names, addresses, 
and Social Security Numbers (or alternatively, driver's license 
numbers, passport, visa, or alien registration numbers) of the 
stockholders, officers, managers/members, and directors of individual 
ocean transportation intermediaries (OTIs); financial responsibility 
information including name of financial institutions, instrument 
identification numbers and amount of instruments; and, internal 
processing and licenses information pertinent to OTIs. Under the 
Shipping Act of 1984, OTIs may operate as 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), 46 App. 
U.S.C. 1704 (recodified as 46 U.S.C. 40302-40303), 46 App. U.S.C. 1707 
(recodified as 46 U.S.C. 40501-40503), 46 App. U.S.C. 817(d) and (e) 
(recodified 46 U.S.C. 44101-44106), 46 CFR 502.27, 46 CFR 520.3(d).

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 the Commission staff for monitoring the activities of 
regulated entities to ensure they are in compliance with Commission 
regulations.
    2. By Commission staff for evaluation of applicants for licensing 
and certificates.
    3. 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 the Trade Act of 2002 and related CBP 
requirements (or any other successor agency or organization) and to 
verify that passenger vessels with 50 or more passenger berths 
embarking passengers from U.S. ports have valid certificates.
    4. Selected data reports containing names, addresses, phone/fax 
numbers are available to the public on the Commission's Web site while 
more detailed reports are available for a fee.
    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:
    Electronic records are maintained within the confines of FMC-39, 
FMC General Support System (FMC GSS) and FMC-41, FMC SQL Database 
(FMCDB).

Retrievability:
    Records are indexed by name, organization number, or license 
number.

Safeguards:
    Electronic records are secured in accordance with FMC-39, FMC 
General Support System (FMC GSS) and FMC-41, FMC SQL Database (FMCDB).

Retention and disposal:
    In accordance with the Federal Maritime Commission Records 
Disposition Schedule (Revised June 2010) data cutoff is at the end of 
the calendar year in which an entity ceases to exist or offer services 
regulated by the Commission, and are destroyed 25 years after the 
cutoff.

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

[[Page 55715]]

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 therefore, 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, licensees, certificants, 
practitioners, third party filers, vessel-operating common carriers, 
marine terminal operators, financial entities including surety 
companies.
    2. OTI license status information.
    3. Information submitted by Commission Area Representatives.
    4. Information obtained through Internet Web site searches and 
selected commercial and government database searches conducted by BCL 
staff in processing OTI and PVO applications (e.g., Accurint and Dun & 
Bradstreet).
    5. Information submitted by the general public (e.g., through 
comments or complaints).
    6. Information submitted by surety companies.

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 exempted 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-33

System name:
    Payroll/Personnel System.

System classification:
    Unclassified.

System location:
    Hard copies of personnel records and payroll transactions and 
reports are located at the Federal Maritime Commission, 800 North 
Capitol Street NW., Washington, DC 20573-0001. Electronic data are 
located at the U.S. Department of Agriculture, National Finance Center, 
New Orleans, LA 70129. The electronic records are subject to the Office 
of Personnel Management's government-wide system notice, OPM/GOVT-1.

Categories of individuals covered by the system:
    Current and former employees of the Federal Maritime Commission.

Categories of records in the system:
    All official personnel actions and/or payroll transaction 
information on Commission employees.

Authority for maintenance of the system:
    5 U.S.C. 301, 2302(b)(20)(B), 2302(b)(10), 7311, 7313; Executive 
Order 10450; 5 CFR 731.103.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In the event that a system of records maintained by this agency to 
carry out its functions indicates a violation or potential violation of 
law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program state, or by 
regulation, rule 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.
    A record from this system of records may be disclosed as a 
``routine use'':
    1. 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 agency decision concerning the hiring or 
retention of any employee, the issuance of a security clearance, the 
letting of a contract or the issuance of a license grant or other 
benefit.
    2. 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 reporting of an investigation of an employee, 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 in the 
matter.
    3. To the Office of Child Support Enforcement, Administration for 
Children and Families, Department of Health and Human Services Federal 
Parent Locator Service (FPLS) and Federal Tax Offset System for use in 
locating individuals and identifying their income sources to establish 
paternity, establish and modify orders of support and for enforcement 
action.
    4. To the Office of Child Support Enforcement for release to the 
Social Security Administration for verifying Social Security Numbers in 
connection with the operation of the FPLS by the Office of Child 
Support Enforcement.
    5. To the Office of Child Support Enforcement for release to the 
Department of Treasury for purposes of administering the Earned Income 
Tax Credit Program (Section 32, Internal Revenue Code of 1986) and 
verifying a claim with respect to employment in a tax return.
    6. To an authorized appeal grievance examiner, formal complaints 
examiner, equal employment opportunity investigator, arbitrator or 
other duly authorized official engaged in investigation or settlement 
of a grievance, complaint, or appeal filed by an employee. A record 
from this system of records may be disclosed to the Office of Personnel 
Management in accordance with the agency's responsibility for 
evaluation and oversight of Federal personnel management.
    7. To officers and employees of a Federal agency for purposes of 
audit.
    8. To a Member of Congress or to a congressional staff member in 
response to an inquiry of the congressional office made at the request 
of the individual about whom the record is maintained.
    9. To officers and employees of the National Finance Center in 
connection with administrative services provided to this agency under 
agreement with NFC.
    10. To GAO for audit; to the Internal Revenue Service for 
investigation; and to private attorneys, pursuant to a power of 
attorney.
    11. To the Merit Systems Protection Board, the Office of Special 
Counsel, the Equal Employment Opportunity Commission, or the Federal 
Labor Relations Authority, in connection with functions vested in those 
agencies.
    12. To the Office of Management and Budget in connection with 
private relief legislation.
    13. In litigation before a court or in an administrative proceeding 
being conducted by a Federal agency.
    14. To the National Archives and Records Administration for records 
management inspections.
    15. To Federal agencies as a data source for management information 
through the production of summary descriptive statistics and analytical 
studies in support of the functions for which the records are 
maintained for related studies.
    16. To appropriate agencies, entities, and persons when (a) the 
Federal

[[Page 55716]]

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.
    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, Pub. L. 93-579.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    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.

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 maintained as hard copy 
documents by the FMC's Office of Human Resources in secured cabinets 
located within a secured room.

Retention and disposal:
    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.

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:
    The subject individual; the Commission.
FMC-34

System name:
    Travel Charge Card Program-FMC.

System location:
    Office of Budget and Finance, Federal Maritime Commission, 800 
North Capitol Street NW., Washington, DC 20573-0001.
    This system is covered by the General Services Administration's 
government-wide system notice, GSA/GOVT-3.
FM-35

System name:
    Transit Benefits File-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 Department of Transportation's 
government-wide system notice, DOT/ALL-8.
FMC-36

System name:
    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 
government-wide system notice, GSA/GOVT-6.

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2013-22072 Filed 9-10-13; 8:45 am]
BILLING CODE 6730-01-P