[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3215]


[[Page Unknown]]

[Federal Register: February 11, 1994]


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FEDERAL MARITIME COMMISSION

46 CFR Part 503

[Docket No. 94-02]

 

Access to any Record of Identifiable Personal Information

AGENCY: Federal Maritime Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Maritime Commission is proposing amendments to its 
Privacy Act (``Act'') regulations to adopt additional exemptions from 
requirements of the Act in regard to information about individuals 
which is included in certain investigatory material systems of records. 
The amendments are required to avoid compromise of ongoing 
investigations, disclosure of confidential sources and unwarranted 
invasion of privacy of third parties.

DATES: Comments due on or before March 14, 1994.

ADDRESSES: Send comments (original and fifteen copies) to: Joseph C. 
Polking, Secretary, Federal Maritime Commission, 800 North Capitol 
Street, NW., Washington, DC 20573-0001 (202) 523-5725.

FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Secretary, Federal 
Maritime Commission, 800 North Capitol Street, NW., Washington, DC 
20573-0001, (202) 523-5725.

SUPPLEMENTARY INFORMATION: Notice is given that the Federal Maritime 
Commission (``Commission'') is proposing to amend its regulations 
implementing the Privacy Act, 5 U.S.C. 552a. The Commission previously 
exempted certain systems of records containing investigatory materials 
from the provisions of subsections (c)(3) and (d) of the Act which 
require an accounting of disclosures and permit access to records in 
the systems. This proposed amendment would promulgate additional 
exemptions under subsections (k)(2) and (5) of the Act for various 
systems of records within the agency. These exemptions would apply to 
those systems of records which include either investigatory material 
compiled for law enforcement purposes or investigatory material 
compiled for the purpose of determining suitability for Federal 
civilian employment or for access to classified information, but, in 
regard to the latter, only to the extent disclosure would reveal the 
identity of a confidential source. An additional exemption under 
subsection (j)(2) of the Act is proposed for the ``Inspector General 
File'' system of records in regard to activity pertaining to the 
enforcement of criminal laws. The thrust of these proposed amendments 
is to invoke the full reach of permitted exemptions so that the 
provisions of certain subsections of the Act, which, among other 
things, would limit the sources from which information is obtained and 
the types of information permitted to be collected and would require 
procedures for notification of the existence of and access to records 
would not routinely apply in regard to these classes of records. The 
exemptions are appropriate in regard to law enforcement records to 
avoid compromise of ongoing investigations, disclosure of the identity 
of confidential sources, and invasion of personal privacy of third 
parties. The exemptions are appropriate in regard to personnel related 
investigatory records to protect confidential sources.
    The Chairman of the Commission certifies pursuant to section 605(b) 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this rule, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities, including small businesses, small 
organizational units or small governmental organizations because 
individuals affected by the rule do not appear to fall within the 
meaning of ``small entity.''

List of Subjects in 46 CFR Part 503

    Classified information, Freedom of Information, Privacy, Sunshine 
Act.

    Therefore, pursuant to 5 U.S.C. 552a(j) and (k) and 553, part 503 
of title 46, Code of Federal Regulations is proposed to be amended as 
follows:
    1. The authority citation for part 503 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a, 552b, 553; E.O. 12356, 47 FR 
14874, 15557, 3 CFR 1982 Comp., p. 167.

    2. Section 503.68 is revised to read as follows:


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, subject to the 
disclosure limitation proviso in that subsection. 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, subject to the disclosure 
limitation proviso in that subsection. 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 
invasions 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, subject to the disclosure 
limitation proviso in that subsection. 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 a promise 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, subject to the 
disclosure limitation proviso in that subsection. 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.


    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-3215 Filed 2-10-94; 8:45 am]
BILLING CODE 6730-01-P