[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 30009-30011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10381]


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FEDERAL MARITIME COMMISSION


Privacy Act of 1974; Systems of Records

Issued: May 24, 2007.
AGENCY: Federal Maritime Commission.

ACTION: Proposed notice of revised system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5 
U.S.C. 552a), the Federal Maritime Commission (``Commission'' or 
``FMC'') is publishing for comment, a revised system of records that is 
currently maintained by the Commission. The system of records 
designated as FMC-7, entitled: ``Licensed Ocean Freight Forwarders 
File-FMC'', is being revised to: (1) Change its title; (2) clarify the 
location of the system; (3) clarify the categories of individuals 
covered by the system; (4) expand the list of categories of records in 
the system; (5) expand the list of routine uses of records maintained 
in the system; and (6) expand the list of record source categories.

DATES: Submit an original and 15 copies of comments (paper), or e-mail 
comments as an attachment in WordPerfect 10, Microsoft Word 2003, or 
earlier versions of these applications, no later than June 30, 2007. 
These revisions will become effective on July 9, 2007, unless the 
Commission receives comments that would result in a contrary 
determination.

ADDRESSES: Comments may be submitted to: Bryant L. VanBrakle, 
Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., 
Washington, DC 20573-0001, (202) 523-5725, e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Secretary, 
Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 
20573-0001, (202) 523-5725, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
as amended, the FMC proposes to revise the system of records designated 
as FMC-7 (Licensed Ocean Freight Forwarders File-FMC) by changing the 
system name to ``Licensed Ocean Transportation Intermediaries Files 
(Form FMC-18)'' and by clarifying that the system is located in the 
Commission's Bureau of Certification and Licensing. The proposed 
modifications to the system title and location reflect changes due to 
statutory amendments under the Ocean Shipping Reform Act of 1998 (Pub. 
L. 105-258), and Commission organizational changes that have taken 
place since the last update and publication of this system of records 
on June 24, 1999. 64 FR 33862. The categories of individuals covered by 
the system have been clarified to better identify the individuals and 
titles of corporate applicants. The categories of records in the system 
have been expanded to include the use of Social Security Numbers (or 
alternatively, the driver's license numbers, passport numbers or alien 
registration numbers) of the stockholders, officers, and directors of 
individual ocean transportation intermediaries (OTIs); corporate 
organizational documents and business licenses; and the inclusion of 
surety bond information required by statute with respect to licensed 
OTIs. This additional information is required for the staff to be able 
to determine whether or not an applicant, or existing licensee, is 
qualified for licensing or continues to meet the regulatory 
requirements of an OTI. Routine uses of the information maintained in 
the system have been expanded to reflect that the Commission may 
provide or update information maintained in the U.S. Customs and Border 
Protection's (CBP) Automated Commercial Environment/International Trade 
Data System for the purpose of verifying the licensed or registered 
status of OTIs under the Trade Act of 2002 and for related CBP 
purposes. Also, a new record source category has been added to show 
that staff conduct and utilize Internet Web site searches and reviews 
of selected commercial and government

[[Page 30010]]

database searches to access information relevant to processing OTI 
license applications. This new record source enables the staff to 
perform a more thorough search of information regarding the 
qualifications/character of an applicant/licensee.
    As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as 
amended, and OMB Circular A-130, Appendix I, the Federal Maritime 
Commission has submitted a report describing the altered system of 
records covered by this notice to the Office of Management and Budget 
and to Congress.
FMC-7

SYSTEM NAME:
    Licensed Ocean Transportation Intermediaries Files (Form FMC-18).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Bureau of 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 individuals, including sole 
proprietorships, members of partnerships, and officers and owners of 
corporate licensees, managers and owners of limited liability 
companies, ex-licensees, and applicants for licenses.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The System contains ocean transportation intermediaries (OTIs) 
names, addresses and taxpayer identification numbers (which may be the 
Social Security Numbers), as well as the names, addresses, and Social 
Security Numbers (or alternatively, driver's license numbers, passport 
numbers or alien registration numbers) of the stockholders, officers, 
and directors of individual OTIs; descriptions of the relationships the 
OTI may have with other business entities; corporate organizational 
documents and business licenses; a record of the OTI's past experience 
in providing or procuring ocean transportation services; surety bond 
information with respect to licensed OTIs; and any financial 
information and/or criminal convictions pertinent to the licensing of 
the OTIs. Under the Shipping Act of 1984, as amended, OTIs may be 
either an ocean freight forwarder, a non-vessel-operating common 
carrier or both.

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 (recodified October 2006 as 46 U.S.C. 305, 40102, 40104, 40501-
40503, 40901-40904, 41101-41109, 41301-41302, and 41305).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and information contained in these records may be 
disclosed as follows:
    1. By Commission staff for evaluation of applicants 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 issuance of a license.
    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 previously employed by a licensee, 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.
    6. To provide or update information maintained in the U.S. Customs 
and Border Protection's (CBP) Automated Commercial Environment/
International Trade Data System (ACE/ITDS) to verify licensed or 
registered status of OTIs under Trade Act of 2002 and related CBP 
requirements, or any other successor agency or organization.

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 
on-site at Commission headquarters.

RETRIEVABILITY:
    Records are indexed by name and license or organization 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 ten years 
after final action. After ten years the files are destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Bureau of 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. Information submitted by Commission Area Representatives.
    3. Information submitted by the general public (e.g., through 
complaints).
    4. Information submitted by surety companies.
    5. Information obtained through Internet Web site searches and 
selected commercial and government database searches conducted by 
Bureau of Certification and Licensing staff in processing OTI license 
applications (e.g., Choicepoint and Dun & Bradstreet).

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

[[Page 30011]]

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.

    By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. E7-10381 Filed 5-29-07; 8:45 am]
BILLING CODE 6730-01-P