[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: 94-3216] [[Page Unknown]] [Federal Register: February 11, 1994] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION Privacy Act of 1974; Proposed Altered Systems of Records AGENCY: Federal Maritime Commission. ACTION: Notice of proposed altered systems of records. ----------------------------------------------------------------------- SUMMARY: This Notice proposes the amendment of various systems of records maintained by the Commission. The amendments reflect changes in various system locations, changes in categories of records contained in the investigative records and inspector general systems, additions to routine uses in the inspector general system and adoption of additional exemptions for various systems. DATES: Comments must be submitted on or before March 14, 1994. The alterations will be effective on March 23, 1994, unless comments are received that would result in a contrary determination. ADDRESSES: Comments may be submitted to: Joseph C. Polking, Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-0001 (202) 523-5725. FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, (202) 523-5725. SUPPLEMENTARY INFORMATION: Notice is given that, pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, the Commission proposes to amend various systems of records as described herein. The Commission's latest prior publication updating its systems of records was on December 26, 1989 (54 FR 52996). Included in the amendments is a proposal to invoke additional exemptions regarding systems containing investigatory records. A proposed rulemaking to adopt the additional exemptions is being published simultaneously with this notice. Additional amendments proposed herein reflect changes in various system locations, changes in categories of records contained in the investigative records and inspector general systems, and additions to the routine uses in the inspector general system. The Commission's systems of records are proposed to be amended as follows. 1. In each Commission system of records, the street address of the Federal Maritime Commission headquarters is amended to read 800 North Capitol Street NW, wherever it appears under the provisions designated ``System location,'' ``System manager and address,'' and ``Notification procedure.'' 2. In Commission system of records designated FMC-23--Parking Applications, the authority provision is revised to read: FMC-23 * * * * * Federal Property Management Regulations section 101-20-104. * * * * * FMC-30 [Amended] 3. In Commission system of records designated FMC-30 - Procurement Integrity Certification Files - FMC the system location is amended to read ``Office of the Managing Director'' and the system manager is amended to read ``Deputy Managing Director.'' 4. In the Commission's system of records designated FMC-1 - Personnel Security File, the exemption provision is revised to read as follows: FMC-1 * * * * * 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. * * * * * 5. In the Commission's systems of records designated FMC-7 - Personnel Security File and FMC-24 - Informal Inquiries and Complaints File, the exemption provisions are revised to read as follows: FMC-7 and FMC-24 * * * * * 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. * * * * * 6. In the Commission's system of records designated FMC-26 - Administrative Grievance File, the exemption provision is revised to read as follows: FMC-26 * * * * * 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. 7. In the Commission's system of records designated FMC-22 - Investigatory Files, the Appendix is removed and certain provisions are revised to read as follows: FMC-22 Investigative Records Information System--FMC. Bureau of Investigations, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573. New York District--Director, New York District, Federal Maritime Commission, 6 World Trade Center, Suite 614, New York, New York 10048- 0949. Miami District--Director, Miami District, Federal Maritime Commission, 18441 N.W. 2nd Avenue, Suite 302, Miami, Florida 33169. Puerto Rico District--Director, Puerto Rico District, Federal Maritime Commission, U.S. District Courthouse, Federal Office Building, Room 762, 150 Carlos Chardon Avenue, Hato Rey, Puerto Rico 00918-1735. New Orleans District--Director, New Orleans District, Federal Maritime Commission, 1 Canal Place Tower, 365 Canal Street, Suite 2260, New Orleans, Louisiana 70130-1134. Houston District--Director, Houston District, Federal Maritime Commission, 14950 Heathrow Forest Parkway, Suite 110, Houston, Texas 77032-3842. Los Angeles District--Director, Los Angeles District, Federal Maritime Commission, 11 Golden Shore, Suite 270, Long Beach, California 90802. San Francisco District--Director, San Francisco District, Federal Maritime Commission, 525 Market Street, Suite 3510, San Francisco, California 94105-2743. 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. 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 Investigations. 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. Shipping Act of 1984, Intercoastal Shipping Act, 1933, and Shipping Act, 1916 (46 U.S.C. app. 1701, 843, and 801). * * * * * 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. 8. In Commission system of records FMC-25 Inspector General File-- FMC, various provisions are revised and new routine uses are added reading as follows: FMC-25 Inspector General File. Office of The Inspector General, Federal Maritime Commission, 800 North Capitol Street, N.W. Washington, DC 20573-0001. 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. 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. * * * * * * * * * * 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. 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. 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. * * * * * 1. Files containing information or allegations which are of an investigative nature but do not relate to a specific investigation are retained for five years. 2. Other investigative case files are retained for ten years. Inspector General, Office of The Inspector General, Federal Maritime Commission, Room 1072, 800 North Capitol Street, N.W., Washington, DC 20573-0001. 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. * * * * * 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. Interested parties may participate by filing with the Secretary, Federal Maritime Commission, an original and 15 copies of their views and comments pertaining to this notice. All suggestions for changes in the text should be accompanied by drafts of the language thought necessary to accomplish the desired changes and should be accompanied by supportive statements and arguments. An altered systems report for major changes contained herein has been filed. By the Commission. Joseph C. Polking, Secretary. [FR Doc. 94-3216 Filed 2-10-94; 8:45 am] BILLING CODE 6730-01-P