Privacy Act of 1974; System of Records, 59163-59164 [2021-23000]

Agencies

• Federal Maritime Commission

[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59163-59164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23000]


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FEDERAL MARITIME COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Federal Maritime Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: Non-attorneys that wish to be admitted to practice and conduct 
business before the FMC on behalf of a regulated industry client, must 
complete and submit a Form FMC-12 package. The FMC-2 Non-Attorney 
Practitioner Files-FMC system of records contains information collected 
by the form FMC-12 application process, relevant to a non-attorney's 
qualifications to practice before the Commission.

DATES: Written comments must be received no later than November 26, 
2021. The revisions will become effective as proposed on November 26, 
2021 unless the Commission receives comments that would result in a 
contrary determination.

ADDRESSES: Submit written comments to Rachel E. Dickon, Secretary, 
Federal Maritime Commission, 800 N Capitol Street NW, Washington, DC 
20573-0001; or email comments to: [email protected] (email comments as 
an attachment in MS Word or PDF). Include in the Subject Line: Comments 
on Systems of Records Notice FMC-2.

FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Office of the 
Secretary, 800 N Capitol Street NW, Suite 1046, Washington, DC 20573-
0001. (202) 523-5725. [email protected].

SUPPLEMENTARY INFORMATION: This system is being updated to:
     Change the name from, FMC-2 Non-Attorney Practitioner 
File-FMC to FMC-2 Non-Attorney Practitioner Files;
     Conform with the publication format required by Office of 
Management and Budget (OMB) Circular A-108;
     Incorporate two additional routine uses as directed 
pursuant to OMB Memorandum M-17-12; and
     Update the ``Categories of Records in the System'' section 
to delete the collection of Social Security/Taxpayer Identification 
Numbers and provide more specific information regarding collection.

SYSTEM NAME AND NUMBER:
    FMC-2 Non-Attorney Practitioner Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Secretary, Federal Maritime Commission, 800 North 
Capitol Street NW, Washington, DC 20573-0001.

SYSTEM MANAGER(S):
    Secretary, Federal Maritime Commission, 800 N Capitol Street NW, 
Washington, DC 20573-0001, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    46 CFR 502.27.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to maintain a relevant verification 
source of information on non-attorney practitioners who are registered 
to practice before the Commission. The Federal Maritime Commission 
administers the Non-Attorneys Practicing Before the Commission program, 
as authorized under 46 CFR 502.27, which allows any U.S. citizen who is 
not an attorney at law to conduct business with the FMC on behalf of a 
regulated industry client. Only non-attorneys must submit a completed 
form FMC-12 package to be considered for and granted admission to 
practice before the Commission.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, who are not attorneys, who apply for and are granted 
permission to practice before the Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Application forms containing descriptions of educational and 
professional experience and qualifications, and letters of reference 
related to non-attorney practitioners which may include the following:
     Residence address
     Citizenship status
     Date/place of birth
     Education
     Criminal Prosecutions

RECORD SOURCE CATEGORIES:
    Applicants.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, the records in this system of records are 
used or may be used:
    1. 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.
    2. 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.
    3. 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.
    4. To disclose information to the public when disclosures are made 
on the record in a judicial or administrative proceeding. To disclose 
relevant and necessary information to any component of the Department 
of Justice for the purpose of representing the FMC, its officers, 
employees, or members in pending or potential litigation to which the 
record is pertinent.
    5. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the FMC or other 
Agency representing the FMC determines the records are relevant and 
necessary to the proceeding to which the government is a party; or in 
an appropriate proceeding before an administrative or adjudicative body 
when the adjudicator determines the records to be relevant to the 
proceeding.
    6. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government when 
necessary to accomplish an agency function related to this System of 
Records.
    7. To appropriate agencies, entities, and persons when (1) the FMC 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the FMC has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the FMC 
(including its information systems, programs, and operations), the 
Federal

[[Page 59164]]

Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the FMC's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    8. To another Federal agency or Federal entity, when the FMC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
     Physical records are maintained in file folders in a 
limited access location.
     Electronic records are maintained within the confines of 
the FMC General Support System (FMC GSS).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
     Physical records are indexed alphabetically by name.
     Electronic records are retrievable by name, address, 
company, application date, admission date, or card number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    These files will be destroyed 30 years after the applicant no 
longer practices before the Federal Maritime Commission. https://www.archives.gov/files/records-mgmt/rcs/schedules/independent-agencies/rg-0358/daa-0358-2017-0007_sf115.pdf.
    See Sequence 3, Non-Attorney Practitioner files, N1-358-09-7/2 Cut 
off at end of calendar year in which it is established that applicant 
no longer practices before the Commission. Destroy 15 years after cut-
off.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
     Access to physical records in this system are limited to 
those individuals who have a need to know the information for 
performance of their official duties and who have appropriate 
clearances or permission.
     Electronic files are safeguarded to meet multiple National 
Institute of Standards and Technology (NIST) Security Standards with 
password and identification protections. File access is limited to 
individuals who have a need to know the information for performance of 
their official duties and who have appropriate clearances or 
permission.

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 46 CFR 503.65.

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 set out in of 46 CFR 503.66.

NOTIFICATION PROCEDURES:
    Any individual shall be informed whether or not any Commission 
system of records contains a record pertaining to him or her when 
requested in accordance with the requirements of 46 CFR 503.63(a).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    78 FR 55703--https://www.federalregister.gov/documents/2013/09/11/2013-22072/privacy-act-of-1974-systems-of-records.

Rachel E. Dickon,
Secretary.
[FR Doc. 2021-23000 Filed 10-25-21; 8:45 am]
BILLING CODE 6730-02-P