Privacy Act of 1974; Systems of Records, 55703-55716 [2013-22072]
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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:
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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
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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
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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
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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
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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).
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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
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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.
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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:
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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
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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
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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.
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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.
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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.
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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
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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
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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
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11SEN1
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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
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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.
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11SEN1
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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:
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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]
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
Privacy Act of 1974; Systems of Records
AGENCY: Federal Maritime Commission.
ACTION: Notice to modify systems of records and republication.
-----------------------------------------------------------------------
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