[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FEDERAL MARITIME COMMISSION
Table of Contents
FMC-- 1 Personnel Security File
FMC-- 2 Non-Attorney Practitioner File
FMC-- 7 Licensed Ocean Freight Forwarders File
FMC-- 8 Official Personnel Folder
FMC-- 9 Training Program Records
FMC--10 Desk Audit File
FMC--14 Medical Examination File
FMC--15 Service Control File
FMC--16 Classification Appeals File
FMC--18 Travel Orders/Vouchers File
FMC--19 Statement of Employment and Financial Interests
FMC--21 Payroll Records
FMC--22 Investigatory Files
FMC--24 Informal Inquiries and Complaints Files
FMC--25 Inspector General File
FMC--26 Administrative Grievance File
FMC--28 Equal Employment Opportunity Complaints Files
FMC--29 Employee Performance File System Records
FMC--30 Procurement Integrity Certification Files
FMC--30 Debt Collection Files.
FMC-1
System name: Personnel Security File-FMC.
System location:
Bureau of Administration, Federal Maritime Commission, 800 North
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 to
determine whether employment or continued employment of an individual
can reasonably be expected to be clearly consistent with national
security interests.
Authority for maintenance of the system:
Executive Order 10450.
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 make a determination that the employment
of an applicant or retention of employment of a current employee
within the Commission is clearly consistent with the interests of
national security. 2. To refer, where there is an indication of a
violation or potential violation of law, whether civil or criminal or
regulatory in nature, information to the appropriate agency, whether
Federal, State, or local, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, rule, regulation or order issued
pursuant thereto. 3. To request from a Federal, State, or local
agency maintaining civil, criminal, or other relevant enforcement
information, data relevant to a Commission decision concerning the
hiring or retention of an employee or the issuance of a security
clearance. 4. To provide or disclose information to a Federal agency
in response to its request in connection with the hiring or retention
of an employee, the issuance of a security clearance, the letting of
a contract, or the issuance of a license, grant or other benefit by
the requesting agency, to the extent that the information is relevant
and necessary to the requesting agency's decision on that matter. 5.
By a court of law or appropriate administrative board or hearing
having review or oversight authority.
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 his/her duly authorized
representatives.
Retention and disposal:
Return record copies of reports furnished by Office of Personnel
Management after information has been reviewed and maintain other FMC
records on file until termination of employee from agency. Destroy
within 30 days after employee leaves.
System manager(s) and address:
Security Officer, Federal Maritime Commission, 800 North Capitol
Street NW, Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Office of Personnel Management report, and reports from other
Federal agencies.
Systems exempted from certain provisions of the act:
All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or
qualifications for Federal civilian employment or for access to
classified information, to the extent that disclosure would reveal
the identity of a source who furnished information to the Commission
under a promise of confidentiality is exempt from the provisions of 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is required to honor promises of confidentiality.
FMC-2
System name: Non-Attorney Practitioner File-FMC.
System location:
Office of Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Persons, not attorneys, who apply for and/or are granted
permission to practice before the Commission.
Categories of records in the system:
Application forms containing description of educational and
professional experience and qualifications, taxpayer identification
numbers (which may be the social security number) and a 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Physical records are maintained in file folders. Electronic
records are maintained in a database on a computer hard drive.
Retrievability:
Records are indexed alphabetically by name. Electronic records
are retrievable by name, address, company, application date,
admission date, or card number.
Safeguards:
Physical records are maintained in file cabinets under the
control of personnel in the Secretary's office. Electronic records
are password protected.
Retention and disposal:
Records are maintained in the Office of the Secretary for 10
years after applicant ceases to practice and then are transferred to
the Federal Records Center. Records are destroyed 20 years
thereafter.
System manager(s) and address:
Secretary, Federal Maritime Commission, 800 North Capitol Street
NW, Washington, DC 20573-0001.
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:
Request for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Applicants.
FMC-7
System name: Licensed Ocean Freight Forwarders File-FMC.
System location:
Bureau of Tariffs, 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 sole proprietorships, partnerships and
corporate licensees, exlicensees, and applicants for licenses.
Categories of records in the system:
The System contains freight forwarder names, addresses and
taxpayer identification numbers (which may be the social security
number) as well as the names and addresses of the stockholders,
officers, and directors of individual freight forwarders;
descriptions of the relationships the freight forwarder may have with
other business entities; credit references; a record of the
forwarder's past experience in forwarding; and any financial
information and/or criminal convictions pertinent to the licensing of
the forwarder.
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 (46 U.S.C. App. 1702, 1707, 1709, 1710, 1712, 1714, 1716 and
1718).
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
Commission staff for evaluation of applications for licensing. 2. By
Commission staff for monitoring the activities of licensees to ensure
they are in compliance with Commission regulations. 3. To refer,
where there is an indication of a violation or potential violation of
law whether civil, criminal or regulatory in nature, information to
the appropriate agency, whether Federal, State, or local, charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute,
rules, regulations, or orders issued pursuant thereto. 4. To request
from a Federal, State, or local agency maintaining civil, criminal or
other relevant enforcement information, data relevant to a Commission
decision concerning the 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. 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, 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders and in a personal
computer.
Retrievability:
Records are indexed by name and license or application number.
Safeguards:
Records are maintained in an area of restricted accessibility.
Retention and disposal:
Applicant and licensee files are kept as long as the application
and/or license is active. Files for withdrawn and denied applicants,
and revoked licenses remain in the Record Location Center for two
years after final action and are then transferred to the Federal
Records Center. Then, after ten years the files are destroyed.
System manager(s) and address:
Director, Bureau of Tariffs, 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.
Commission Area Representatives. 3. General Public (e.g.,
complaints). 4. 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 material 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, dislclosure of the
identity of confidential sources and unwarranted invasions of
personal privacy of third parties.
FMC-8
System name: Official Personnel Folder-FMC.
System location:
Office of Personnel, 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:
Bureau of Administration, 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-1.
FMC-10
System name: Desk Audit File-FMC.
System location:
Office of Personnel, 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 audit.
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, 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.
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 shredded.
System manager(s) and address:
Director of Personnel, 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:
Personnel specialists of the Commission.
FMC-14
System name: Medical Examination File--FMC.
System location:
Office of Personnel, 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-10.
FMC-15
System name: Service Control File-FMC.
System location:
Office of Personnel, 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:
This system consists of Service Record Cards (Standard Forms 7
and 7-B), and a Position Identification Strip (Standard Form 7D).
This file provides summary information of organizational structure,
budgeted positions, and historical and current status data on
employees only for the time they have been with the Commission. The
service record of each employee who leaves the agency is filed
separately and retained for historical reference.
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:
The records in this system of records are used or may be used: 1.
By appropriate Commission officials for personnel actions such as
within grade increases, conversions to career tenure, probationary
ratings, terminations of limited assignments, and expiration of
authorized absences. 2. By the Office of Personnel Management in the
course of an investigation of a particular employee of the
Commission, or for management analysis and statistical purposes. 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, 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on index cards.
Retrievability:
Records are indexed alphabetically by name.
Safeguards:
Records are maintained in locked file cabinets.
Retention and disposal:
Records are maintained while the individual is employed by the
Commission and are destroyed by shredding three years after
separation or transfer of employee.
System manager(s) and address:
Director of Personnel, 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:
Personnel specialists of the Federal Maritime Commission.
FMC-16
System name: Classification Appeals File-FMC.
System location:
Office of Personnel, 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.
System location:
Office of Budget and Financial Management, Federal Maritime
Commission, 800 North Capitol Street NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Employees of the Federal Maritime Commission.
Categories of records in the system:
The record consists of the initial travel order for the
individual and the subsequent travel voucher prepared from
information supplied by the individual which includes hotel bills,
subsistence breakdown, cab fares and air fares.
Authority for maintenance of the system:
Federal Travel Regulations 41 CFR part 300-304.
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 Office of Thrift Supervision 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.
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 locking file cabinet and monitored by
the Director of the Office of Budget and Financial Management.
Retention and disposal:
The records are maintained for six years and are then destroyed
by shredding.
System manager(s) and address:
Director, Office of Budget and Financial Management, Federal
Maritime Commission, 800 North Capitol Street NW, Washington, DC
20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Individual to whom the record pertains, hotel bills, individual's
subsistence record, and Travel Requests (Airline or train).
FMC-19
System name: Financial Disclosure Reports and Other Ethics
Program Records-FMC.
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-21
System name: Payroll Records-Federal Maritime Commission.
System location:
Office of Thrift Supervision (``OTS''), U.S. Department of the
Treasury; copies held by the FMC. (OTS holds records for the Federal
Maritime Commission under contract.)
Categories of records in the system:
Varied payroll records, including, among other documents: Time
and attendance cards, payment vouchers, comprehensive listing of
employees, health benefits records, requests for deduction, tax
forms, W-2 forms, overtime requests, leave data, retirement records.
Records are used by FMC and OTS employees to maintain adequate
payroll information for FMC employees, and otherwise by the FMC and
OTS employees who have a need for the record in the performance of
their duties.
Authority for maintenance of the system:
31 U.S.C. generally.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
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 Office of Thrift Supervision
in connection with administrative services provided to this agency
under agreement with OTS.
10. To GAO for audit; to the Internal Revenue Service for
investigation; and to private attorneys, pursuant to a power of
attorney.
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, N.W., 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 and microfilm records are stored at the FMC. The Office of
Thrift Supervision maintains computerized records.
Retrievability:
Social Security Number.
Safeguards:
Stored in guarded building; released only to authorized
personnel.
Retention and disposal:
Disposition of records shall be in accordance with the OTS
Records Maintenance and Disposition System.
System manager(s) and address:
Director, Office of Budget and Financial Management, Federal
Maritime Commission, 800 North Capitol Street NW, Washington, DC
20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
The subject individual; the Commission.
FMC-22
System name:
Investigative Records Information System--FMC.
System location:
Bureau of Enforcement, Federal Maritime Commission, 800 N.
Capitol Street, NW., Washington, DC 20573-0001.
Categories of individuals covered by the system:
Individuals whose names may be found in the system include
employees, officers, directors, and owners of ocean common carriers,
non-vessel operating common carriers, ocean freight forwarders,
passenger vessel operators, ports and terminal operators, shippers,
consignees, conferences and agreements between ocean common carriers,
and other entities associated with any of the foregoing. Included are
individuals alleged to have violated one of the statutes or
regulations administered by the Federal Maritime Commission,
individuals who provided information during an investigation, and
others necessary to the full development of an investigation. Not
included are attorneys, government officials, Federal Maritime
Commission employees, or individuals only incidentally involved in an
investigation.
Categories of records in the system:
The Investigative Records Information System includes records on
individuals involved in official investigations conducted by the
Bureau of Investigations, fact finding and formal proceedings
instituted by the Federal Maritime Commission, court proceedings, and
civil and criminal investigations conducted in association with other
government agencies. Investigations include investigations of alleged
violations of the statutes or regulations administered by the
Commission, freight forwarder application inquiries, freight
forwarder application checks, freight forwarder compliance checks,
service contract audits, common carrier audits, passenger vessel
audits, special inquiries, undeveloped leads, intelligence
activities, and other matters authorized by the Bureau of
Enforcement.
The Investigative Records Information 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 Investigative Records Information 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 pursuant to the requirements of the General Records
Schedule.
Authority for maintenance of the system:
Shipping Act of 1984, Intercoastal Shipping Act, 1933, and
Shipping Act, 1916 (46 U.S.C. app. 1701, 843, and 801).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by the FMC to
carry out its functions indicates a violation or potential violation
of law or contract, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by rule, regulation, or order issued pursuant thereto, the
relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State, local
or foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed, as a
routine use, to a Federal, State or local agency maintaining civil,
criminal or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to an FMC decision concerning the assignment,
hiring or retention of an individual, the issuance of a security
clearance, or the issuance of a license, grant or other benefit.
3. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, local or international agency, in
response to its request, in connection with the assignment, hiring or
retention of an individual, the issuance of a security clearance, the
reporting of an investigation of an individual, the letting of a
contract, or the issuance of 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 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 or 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.
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 locked with a key and the key is secured in a locked file
cabinet. Computer information is safeguarded with an access code.
Files are maintained in buildings that have 24 hour security guards.
Retention and disposal:
(a) Bureau of Enforcement-Records are retained for 7 years after
case is closed, and then transferred to the Federal Records Center.
Records are destroyed 14 years after case is closed. (b) Field
Offices-Records are destroyed 7 years after case is closed.
System manager(s) and address:
Director, Bureau of Enforcement, Federal Maritime Commission, 800
North Capitol Street NW, Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations.
Record source categories:
Individual shippers, carriers, freight forwarders, those
authorized by the individual to furnish information, trade sources,
investigative agencies, investigative personnel of the Bureau of
Enforcement and other sources of information.
Systems exempted from certain provisions of the act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement
purposes is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is appropriate to
avoid compromise of ongoing investigations, disclosure of the
identity of confidential sources and unwarranted invasions of
personal privacy of third parties.
Appendix
Los Angeles District, U.S. Customs House Building, 300 S. Ferry
Street, Room 2040A, PO Box 3184, Terminal Island Station, San Pedro,
CA 90731
Miami District, 1001 North America Way, Room 115, Miami, FL 33132
New Orleans District, 600 South Maestri Place, Room 1035, PO Box
30550, New Orleans, LA 70190-0550
New York District, 6 World Trade Center, Suite 614, New York, NY
10048-0949
Houston District, 4141 East Beltway 8, Suite 102, Houston, TX
77032
Puerto Rico District, U.S. District Courthouse, Federal Office
Building, Room 762, Carlos Chardon Street, Hato Rey, PR 00918-2254.
San Francisco District, 525 Market Street, 35th Floor, Suite
3510, San Francisco, CA 94105
FMC-23
System name: Parking Applications-FMC.
System location:
Office of Administrative Services, Federal Maritime Commission,
800 North Capitol Street NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Employees and their carpool members desiring agency controlled
parking.
Categories of records in the system:
Names; office locations and telephone numbers; home addresses;
make, year, model, and license number of vehicles; carpool usage;
handicap and special designation; signatures.
Authority for maintenance of the system:
Federal Property Management Regulations sections 101-20-104.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Used by Agency employees responsible for allocation and control
of parking spaces, and to assist in creating carpools.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
By applicant name or space assignment.
Safeguards:
Records are maintained in a file cabinet in a locked room, with
24 hour building security guards.
Retention and disposal:
Records voided upon update or parking permit cancellation. Files
destroyed after second overall reallocation of permits.
System manager(s) and address:
Director, Office of Administrative 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 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:
Individuals to whom the records pertain.
FMC-24
System name: Informal Inquiries and Complaints Files-FMC.
System location:
Office of Informal Inquiries and Complaints, Federal Maritime
Commission, 800 North Capitol Street NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Consumers complaining against business entities regulated by the
Commission.
Categories of records in the system:
Copies of complaints and correspondence developed in their
resolution, complaint tracking logs; and maintained on the
Commission's local area network.
Authority for maintenance of the system:
Executive Order 12160, September 26, 1979.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information in this system of records is used or may be used: 1.
To determine whether a complaint can be resolved by staff in various
bureaus and offices. 2. To determine whether a complaint can be
resolved by a business entity regulated by the Commission. 3. To
determine whether the complaint can be resolved by reference to
another agency at the Federal, State or local level. 4. To provide
information to the Commission on developments or trends in the
character of complaints which might suggest policy directions,
proposed rules or programs.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Physical records are maintained in file folders; the electronic
database is maintained on the Commission's local area network.
Retrievability:
Physical and electronic records are serially numbered and indexed
by complainant and defendant.
Safeguards:
Physical records are maintained in locked file cabinets; access
to electronic records is password protected.
Retention and disposal:
Records are maintained by the Federal Maritime Commission for
four years, then destroyed. The electronic summary database is
permanently maintained.
System manager(s) and address:
Director, Office of Informal Inquiries and Complaints, Federal
Maritime Commission, 800 North Capitol Street NW, Washington, DC
20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations.
Contesting record procedures:
An individual desiring to amend a record shall direct such 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:
Consumers who have filed complaints.
Systems exempted from certain provisions of the act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory material 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, dislclosure of the
identity of confidential sources and unwarranted invasions of
personal privacy of third parties.
FMC-25
System name:
Inspector General File.
System location:
Office of The Inspector General, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Individuals and entities who are or have been the subjects of
investigations conducted by the OIG, including present and former FMC
employees; consultants, contractors, and subcontractors and their
employees; and other individuals and entities doing business with the
FMC.
Categories of records in the system:
A. Investigative Case Files
1. Case Index. Selected information from each case file indexed
by case file number, and case title which may include names of
subjects of investigations.
2. Hard Copy Files. Case files developed during investigations of
known or alleged fraud and abuse and irregularities and violations of
laws and regulations. Cases relate to agency personnel and programs
and operations administered by the agency, including contractors and
others having a relationship with the agency. Files consist of
investigative reports and related documents, such as correspondence,
internal staff memoranda, copies of all subpoenas issued during the
investigation, affidavits, statements from witnesses, transcripts of
testimony taken in the investigation and accompanying exhibits,
notes, attachments, and working papers. Files containing information
or allegations which are of an investigative nature but do not relate
to a specific investigation.
B. Hotline Complaints
1. Hotline Index. Selected information from each hotline
complaint file indexed by hotline case number and title which may
include names of subject of hotline complaint.
2. Hard Copy Files. Information obtained from hotline
complainants reporting indications of waste, fraud, and
mismanagement. Specific information to include name and address of
complainant, date complaint received, program area, nature and
subject of complaint, and any additional contacts and specific
information provided by the complainant. Information on OIG
disposition.
Authority for maintenance of the system:
The Inspector General Act of 1978 (5 U.S.C. App. 3), as amended
by Pub. L. 100-504; 44 U.S.C. 3101 et seq.; Commission Order No. 113.
Purpose(s):
The records maintained in the system are used by the OIG in
furtherance of the responsibilities of the Inspector General,
pursuant to the Inspector General Act of 1978, as amended, to conduct
and supervise audits and investigations relating to programs and
operations of the FMC; to promote economy, efficiency, and
effectiveness in the administration of such programs and operations;
and to prevent and detect fraud and abuse in such programs and
operations.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The records in the system may be used and disseminated to further
the purposes described above. The following routine uses apply to the
records maintained in this system:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
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 dand disposal:
1. Files containing information or allegations which are of an
investigative nature but do not relate to a specific inveastigation
are retained for ten years.
2. Other investigative case files are retained for fifteen years.
System manager(s) and address:
Inspector General, Office of The Inspector General, Federal
Maritime Commission, Room 1072, 800 North Capitol Street, NW,
Washington, DC 20573-0001.
Notification procedure:
All inquiries regarding this system of records should be
addressed to: Secretary, Federal Maritime Commission, 800 North
Capitol Street, NW, Washington, DC 20573-0001. However, see Exemption
section below.
Record access procedures:
Requests for access to a record should be directed to the
Secretary listed at the above address. Requests may be in person or
by mail and shall meet the requirements set out in section 503.65 of
title 46 of the Code of Federal Regulations. However, see Exemption
section below.
Contesting record procedures:
An individual desiring to amend a record shall direct such a
request to the Secretary at the above listed address. Such requests
shall specify the desired amendments and the reasons therefor, and
shall meet the requirements of section 503.66 of title 46 of the Code
of Federal Regulations. However, see Exemption section below.
Record source categories:
Agency employees, reports and contracts from other agencies, and
internal and external documents.
Systems exempted from certain provisions of the act:
All information that meets the criteria of 5 U.S.C. 552a(k)(2)
regarding investigatory materials compiled for law enforcement
purposes is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is appropriate to
avoid compromise of ongoing investigations, disclosure of the
identity of confidential sources and unwarranted invasions of
personal privacy of third parties.
All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or
qualifications for Federal civilian employment or for access to
classified information, to the extent that disclosure would reveal
the identity of a source who furnished information to the Commission
under a promise of confidentiality is exempt from the provisions of 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
Exemption is required to honor promises of confidentiality.
All information meeting the criteria of 5 U.S.C. 552a(j)(2)
pertaining to the enforcement of criminal laws is exempt from the
provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i).
Exemption is appropriate to avoid compromise of ongoing
investigations, disclosure of the identity of confidential sources
and unwarranted invasions of personal privacy of third parties.
FMC-26
System name: Administrative Grievance File-FMC.
System location:
Office of Personnel, 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 (subject to the
exclusions in 5 CFR 771.206(b)) who has filed a grievance with the
agency (alleging that coercion, reprisal, or retaliation has been
practiced against him or her).
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., 5 CFR
293.202.
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.
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:
The Administrative Grievance File is maintained for three years
after the decision is issued and is then shredded.
System manager(s) and address:
Director of Personnel, 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:
Information is supplied by the individual to whom the record
pertains and/or by his or her representative, personnel 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 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 Generql Counsel, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Note: This system of records is covered by the Equal Employment
Opportunity Commission's Government-wide systems notice, EEOC/GOVT-1.
FMC-29
System name: Employee Performance File System Records-FMC.
System location:
Office of Personnel, Federal Maritime Commission, 800 North
Capitol Street NW, Washington, DC 20573-0001.
Note: This system of records is covered by the Office of
Personnel Management's Government-wide systems notice, OPM/GOVT-2.
FMC-30
System name: Procurement Integrity Certification Files-FMC.
System location:
Office of the Managing Director, Federal Maritime Commission, 800
North Capitol Street NW, Washington, DC 20573-0001.
Categories of individuals covered by the system:
Current and former officials and employees of the Federal
Maritime Commission and relevant outside contractors.
Categories of records in the system:
Records include certifications by individuals affected by the
Office of Federal Procurement Policy Act Amendments of 1988,
specifically section 27 dealing with Procurement Integrity; the non-
disclosure provisions of the Federal Acquisition Regulations, and the
contract for development of the Commission's Automated Tariff Filing
and Information (ATFI) system. The certificants attest they will not
engage in activities prohibited by applicable statutes, regulations,
and contracts. Records include information on individuals, including
name and title. This system does not include official personnel files
covered by the Office of Personnel Management's systems of records
OPM/GOVT-1 through 10.
Authority for maintenance of the system:
Office of Federal Procurement Policy Act Amendments of 1988 (Pub.
L. 100-679), (41 U.S.C. 423); and the Federal Acquisition
Regulations.
Purpose(s):
The system is established to maintain records on officials and
employees affected by the Office of Federal Procurement Policy Act
Amendments of 1988, specifically section 27 dealing with Procurement
Integrity; the non-disclosure provisions of the FAR, and the contract
for development of the Commission's Automated Tariff Filing and
Information (ATFI) system.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Records in this system of records may be used to disclose
information to:
1. A Federal, State, local, or foreign agency responsible for
investigating, prosecuting, enforcing, or carrying out a statute,
rule, regulation, or order, where the Federal Maritime Commission
becomes aware of a violation or potential violation of civil or
criminal law or regulation.
2. Another Federal agency or a court when the Government is party
to a judicial proceeding.
3. A requesting Federal agency in connection with hiring or
retaining an employee; issuing a security clearance; reporting an
employee investigation; clarifying a job; letting a contract; or
issuing a license, grant or other benefit by the requesting agency
where the information is relevant and necessary for a decision.
4. The Merit Systems Protection Board officials, including the
Office of Special Counsel; the Federal Labor Relations Authority and
its General Counsel; or the Equal Employment Opportunity Commission
in performing their duties.
5. An appeal, grievance, or formal complaints examiner, equal
employment opportunity investigator, arbitrator, exclusive
representative, or other official engaged in investigating or
settling a grievance, complaint, or appeal filed by an employee.
6. The Office of Personnel Management (OPM) under the agency's
responsibility for evaluating Federal personnel management. When
official personnel records in the custody of the FMC are covered in
systems of records published by the Office of Personnel Management as
Government-wide records, they are considered part of that system.
Other official personnel records covered by notices published by the
FMC are separate systems of records and may be transferred to OPM
under official personnel programs and activities as a routine use.
7. 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 who 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.
8. An expert, a consultant, or contractor of the FMC in
performing a Federal duty.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
Filed at the described location by name.
Safeguards:
Records stored in lockable file cabinets, lockable desk drawers,
and/or secured rooms.
Retention and disposal:
Records are maintained until 6 months after the date on which the
contracting officer received evidence of physical completion of the
contract, after which they are shredded. See Federal Acquisition
Regulations section 4.804-1(2) and General Records Schedule 3, item
3(c).
System manager(s) and address:
Deputy Managing Director, Bureau of Office of the Managing
Director, 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:
Individuals, supervisors, or personnel records.
FMC-9
System name:
Debt Collection Files.
Security classification:
Unclassified .
System location:
Records are located in the Office of Budget and Financial
Managment, Federal Maritime Commission, 800 North Capitol Street, NW,
Washington, DC 20573.
Categories of individuals convered by the system:
Individulas 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 amounts; 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:
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.
Disclosure to consumer reporting agencies:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): 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)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in notebooks, file folders, on lists and
forms, and in computer processible storage media.
Retrievability:
The system files are filed by bill for collection number, name,
or taxpayer's identification number (which may be the social security
number).
Safeguards:
Personnel screening, hardware, and software computer security
measures; paper records are maintained in locked containers and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel.
Retention and disposal:
Records are covered by General Records Schedule 6. The file on
each debt on which administrative collection action has been
completed shall be retained by Debt Collection Officer not less than
one year after the applicable statute of limitation has run out. The
file is then transferred to the National Archives and Records
Administration for a period of six years and three months after the
end of the fiscal year in which the debt was closed out by means of
the debt being paid, terminated, compromised, or the statute of
limitations had run out.
System manager(s) and address:
Director, Office of Budget and Financial Management, Federal
Maritime Commission, 800 North Capitol Street, NW, Washington, DC
20573.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification--that is, driver's license, employing
organization identification card, or other picture identification
card.
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.
FEDERAL MARITIME COMMISSION
Title 46-Shipping
Chapter IV-Federal Maritime Commission
PART 503-PUBLIC INFORMATION
Subpart G-Access to Any Record of Identifiable Personal Information
Sec.
503.60 Definitions.
503.61 Conditions of disclosure.
503.62 Accounting of disclosures.
503.63 Request for information.
503.64 Commission procedure on request for information.
503.65 Request for access to records.
503.66 Amendment of a record.
503.67 Appeals from denial of request for amendment of a record.
503.68 Exemptions.
503.69 Fees.
Subpart G-Access to Any Record of Identifiable Peronsal Information
Authority: Privacy Act of 1974 (Sec. (f), Pub. L. 93-579, 88 Stat.
1897 (5 U.S.C. 552a.)
Source: 49 FR 44401, Nov. 6, 1984
Sec. 503.60 Definitions.
For the purpose of this subpart:
(a) Agency means each authority of the government of the United States
as defined in 5 U.S.C. 551(1) and shall include any executive
department, military department, government corporation, government
controlled corporation or other establishment in the executive branch of
the government (including the Executive Office of the President), or any
independent regulatory agency.
(b) Commission means the Federal Maritime Commission.
(c) Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence to whom a record pertains.
(d) Maintain includes maintain, collect, use, or disseminate.
(e) Person means any person not an individual and shall include, but
is not limited to, corporations, associations, partnerships, trustees,
receivers, personal representatives, and public or private
organizations.
(f) Record means any item, collection, or grouping of information
about an individual that is maintained by the Federal Maritime
Commission including but not limited to his education, financial
transactions, medical history, and criminal or employment history and
that contains his name, or the identifying number, symbol or other
identifying particular assigned to the individual such as a finger or
voice print, or a photograph.
(g) Routine use means (with respect to the disclosure of a record),
the use of such records for a purpose which is compatible with the
purpose for which it was collected.
(h) Statistical record means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual but shall not include matter pertaining to the
Census as defined in 13 U.S.C. 8.
(i) System of records means a group of any records under the control
of the Commission from which information is retrieved by the name of the
individual or by some identifying number, symbol or other identifying
particular assigned to the individual.
[49 Fr 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984]
Sec. 503.61 Conditions of disclosure.
(a) Subject to the conditions of paragraphs (b) and (c) of this
section, the Commission shall not disclose any record which is contained
in a system of records, by any means of communication to any person or
other agency who is not an individual to whom the record pertains.
(b) Upon written request or with prior written consent of the
individual to whom the record pertains, the Commission may disclose any
such record to any person or other agency.
(c) In the absence of a written consent from the individual to whom
the record pertains, the Commission may disclose any such record
provided such disclosure is:
(1) To those officers and employees of the Commission who have a need
for the record in the performance of their duties;
(2) Required under the Freedom of Information Act (5 U.S.C. 552);
(3) For a routine use;
(4) To the Bureau of Census for purposes of planning or carrying out a
census or survey or related activity under the provisions of Title 13 of
the United States Code;
(5) To a recipient who has provided the Commission with adequate
advance written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(6) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States government, or for evaluation by the
Administrator of General Services or his designee to determine whether
the record has such value;
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity authorized by law, provided
the head of the agency or instrumentality has made a prior written
request to the Secretary of the Commission specifying the particular
record and the law enforcement activity for which it is sought;
(8) To either House of Congress, and to the extent of a matter within
its jurisdiction, any committee or subcommittee, or joint committee of
Congress;
(9) To the Comptroller General, or any of his authorized
representatives in the course of the performance of the duties of the
GAO; or
(10) Under an order of a court of competent jurisdiction.
[49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984]
Sec. 503.62 Accounting of disclosures.
(a) The Secretary shall make an accounting of each disclosure by him
of any record contained in a system of records in accordance with 5
U.S.C. 552a(c) (1) and (2).
(b) Except for a disclosure made under Sec. 503.61(c)(7) of this
subpart the Secretary shall make the accounting described in paragraph
(a) of this section available to any individual upon written request
made in accordance with Sec. 503.63 (b) or (c) of this subpart.
(c) The Secretary shall make reasonable efforts to notify an
individual when any record which pertains to him is disclosed to any
person under compulsory legal process when such process becomes a matter
of public record.
Sec. 503.63 Request for information.
(a) Upon request in person or by mail made in accordance with the
provisions of paragraph (b) or (c) of the section, any individual shall
be informed whether or not any Commission system of records contains a
record pertaining to him.
(b) Any individual requesting such information in person shall present
himself at the Office of the Secretary, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573 and shall:
(1) Provide information sufficient in the opinion of the Secretary to
identify the record, e.g. the individual's own name, date of birth,
place of birth, etc.;
(2) Provide identification acceptable to the Secretary to verify the
individual's identity; e.g. driver's license, employee identification
card or medicare card;
(3) Complete and sign the appropriate form provided by the Assistant
Managing Director.
(c) Any individual requesting such information by mail shall address
such request to the Secretary, Federal Maritime Commission, 800 North
Capitol Street, NW, Washington, DC 20573 and shall include in such
request the following:
(1) Information sufficient in the opinion of the Secretary to identify
the record, e.g. the individual's own name, date of birth, place of
birth, etc.;
(2) A signed notarized statement to verify his identity.
[49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 63
FR 50535, Sept. 22, 1998]
Sec. 503.64 Commission procedure on request for information.
Upon request for information made in accordance with Sec. 503.63 of
this subpart, the Secretary or his delegate shall within 10 days
(excluding Saturdays, Sundays, and legal public holidays), furnish in
writing to the requesting party notice of the existence or nonexistence
of any records described in such request.
Sec. 503.65 Request for access to records.
(a) General. Upon request by any individual made in accordance with
the procedures set forth in paragraph (b) of this section, such
individual shall be granted access to any record pertaining to him which
is contained in a Commission system of records. However, nothing in this
section shall allow an individual access to any information compiled by
the Commission in reasonable anticipation of a civil or criminal action
or proceeding.
(b) Procedures for requests for access to records. Any individual may
request access to a record pertaining to him in person or by mail in
accordance with paragraph (b) (1) and (2) of this section.
(1) Any individual making such request in person shall present himself
at the Office of the Secretary, Federal Maritime Commission, 800 North
Capitol Street, NW, Washington, DC 20573 and shall:
(i) Provide identification acceptable to the Secretary to verify the
individual's identity, e.g. driver's license, employee identification
card, or medicare card; and
(ii) Complete and sign the appropriate form provided by the Secretary.
(2) Any individual making a request for access to records by mail
shall address such request to the Secretary, Federal Maritime
Commission, 800 North Capitol Street, NW, Washington, DC 20573 and shall
include therein a signed notarized statement to verify his identity.
(3) Any individual requesting access to records under this section in
person may be accompanied by a person of his own choosing while
reviewing the record requested. If an individual elects to be so
accompanied, he shall notify the Secretary of such election in his
request and shall provide a written statement authorizing disclosure of
the record in the presence of the accompanying person. Failure to so
notify the Secretary in a request for access shall be deemed to be a
decision by the individual not to be accompanied.
(c) Commission determination of requests for access. (1) Upon request
made in accordance with this section, the Secretary or his delegate
shall:
(i) Determine whether or not such request shall be granted;
(ii) Make such determination and provide notification within 10 days
(excluding Saturdays, Sundays, and legal public holidays) after receipt
of such request, and, if such request is granted, shall;
(iii) Notify the individual that fees for reproducing copies will be
made in accordance with Sec. 503.69.
(2) If access to a record is denied because such information has been
compiled by the Commission in reasonable anticipation of a civil or
criminal action or proceeding, or for any other reason, the Secretary
shall notify the individual of such determination and his right to
judicial appeal under 5 U.S.C. 552a(g).
(d) Manner of providing access. (1) If access is granted, the
individual making such request shall notify the Secretary whether the
records requested are to be copied and mailed to the individual.
(2) If records are to be made available for personal inspection, the
individual shall arrange with the Secretary a mutually agreeable time
and place for inspection of the record.
(3) Fees for reproducing and mailing copies of records will be made in
accordance with Sec. 503.69 of this subpart.
[49 FR 44401, Nov. 6, 1984; 49 FR 46395, Dec. 4, 1984, as amended at 63
FR 50535, Sept. 25, 1998]
Sec. 503.66 Amendment of a record.
(a) General. Any individual may request amendment of a record
pertaining to him according to the procedure in paragraph (b) of this
section.
(b) Procedure to request amendment of a record. After inspection of a
record pertaining to him, an individual may file a request, in person or
by mail, with the Secretary for amendment of a record. Such request
shall specify the particular portions of the record to be amended, the
desired amendments and the reasons therefor.
(c) Commission procedure on request for amendment of a record. (1) Not
later than 10 days (excluding Saturdays, Sundays, and legal public
holidays) after the date of receipt of a request made in accordance with
this section to amend a record in whole or in part, the Secretary or his
delegate shall:
(i) Make any correction of any portion of the record which the
individual believes is not accurate, relevant, timely or complete and
thereafter inform the individual of such correction; or
(ii) Inform the individual, by certified mail return receipt
requested, of refusal to amend the record setting out the reasons
therefor, and notify the individual of his right to appeal that
determination to the Chairman of the Commission under Sec. 503.67 of
this subpart.
(2) The Secretary shall inform any person or other agency to whom a
record has been disclosed of any correction or notation of dispute made
by the Assistant Managing Director with respect to such records in
accordance with 5 U.S.C. 552a(c)(4) referring to amendment of a record,
if an accounting of such disclosure has been made.
[49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984]
Sec. 503.67 Appeals from denial of request for amendment of a
record.
(a) General. An individual whose request for amendment of a record
pertaining to him is denied, may further request a review of such
determination in accordance with paragraph (b) of this section.
(b) Procedure for appeal. Not later than 30 days (excluding Saturdays,
Sundays and legal public holidays) following receipt of notification of
refusal to amend, an individual may file an appeal to amend the record.
Such appeal shall:
(1) Be addressed to the Chairman, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573; and
(2) Specify the reasons for which the refusal to amend is challenged.
(c) Commission procedure on appeal. (1) Upon appeal from a denial to
amend a record, the Chairman of the Commission or the officer designated
by the Chairman to act in his absence, shall make a determination
whether or not to amend the record and shall notify the individual of
that determination by certified mail return receipt requested not later
than 30 days (excluding Saturdays, Sundays and legal public holidays)
after receipt of such appeal, unless extended pursuant to paragraph (d)
of this section.
(2) The Chairman shall also notify the individual of the provisions of
5 U.S.C. 552a(g)(1)(A) regarding judicial review of the Chairman's
determination.
(3) If on appeal the refusal to amend the record is upheld, the
Commission shall permit the individual to file a statement setting forth
the reasons for his disagreement with the Commission's determination.
(d) The Chairman or his delegate in his absence may extend up to 30
days the time period prescribed in paragraph (c)(1) of this section
within which to make a determination on an appeal from refusal to amend
a record for the reason that a fair and equitable review cannot be
completed within the prescribed time period.
[49 FR 44401, Nov. 6, 1984, as amended at 63 FR 50536, Sept. 22, 1998]
Sec. 503.68 Exemptions.
(a) The system of records designated FMC-25 Inspector General File 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) to the extent it contains information meeting the criteria of 5
U.S.C. 552a(j)(2) pertaining to the enforcement of criminal laws.
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.
(b) The following systems of records are exempt from the provisions of
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f), which
otherwise require the Commission, among other things, to provide the
individual named in the records an accounting of disclosures and access
to and opportunity to amend the records. The scope of the exemptions and
the reasons therefor are described for each particular system of
records.
(1) FMC-1 Personnel Security File. 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. Exemption is required to
honor promises of confidentiality.
(2) FMC-7 Licensed Ocean Freight Forwarders File. All information
that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
materials compiled for law enforcement purposes. 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.
(3) FMC-22 Investigatory Files. All information that meets the
criteria of 5 U.S.C. 552a(k)(2) regarding investigatory material
compiled for law enforcement purposes. 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.
(4) FMC-24 Informal Inquiries and Complaint Files. All information
that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
material compiled for law enforcement purposes. Exemption is appropriate
to avoid compromise of ongoing investigations, disclosure of the
identity of confidential sources and unwarranted invasion of personal
privacy of third parties.
(5) FMC-25 Inspector General File. (i) All information that meets the
criteria of 5 U.S.C. 552a(k)(2) regarding investigatory material
compiled for law enforcement purposes. 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.
(ii) 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 the disclosure would reveal the identity of a source who
furnished information to the Commission under the promises of
confidentiality. Exemption is required to honor promises of
confidentiality.
(6) FMC-26 Administrative Grievance File. (i) All information that
meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
material compiled for law enforcement purposes, 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.
(ii) All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or qualification
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. Exemption is required to honor promises of
confidentiality.
[59 FR 15636, Apr. 4, 1994]
Sec. 503.69 Fees.
(a) General. The following Commission services are available, with
respect to requests made under the provisions of this subpart, for which
fees will be charged as provided in paragraphs (b) and (c) of this
section:
(1) Copying records/documents.
(2) Certification of copies of documents.
(b) Fees for services. The fees set forth below provide for documents
to be mailed with ordinary first-class postage prepaid. If a copy is to
be transmitted by registered certified, air, or special delivery mail,
postage therefor will be added to the basic fee. Also, if special
handling or packaging is required, costs thereof will be added to the
basic fee.
(1) The copying of records and documents will be available at the rate
of 30 cents per page (one side), limited to size 8\1/4\'' x 14'' or
smaller.
(2) The certification and validation (with Federal Maritime Commission
seal) of documents filed with or issued by the Commission will be
available at $55 for each certification.
(c) Payment of fees and charges. The fees charged for special services
may be paid by check, draft or postal money order, payable to the
Federal Maritime Commission.
[49 FR 44401, Nov. 6, 1984, as amended at 59 FR 59171, Nov. 16, 1994; 63
FR 50536, Sept. 22, 1998]