[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]
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