[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 37956-37959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15037]


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FEDERAL MARITIME COMMISSION


Privacy Act of 1974; Proposed New Systems of Records

Agency: Federal Maritime Commission.

ACTION: Notice of Proposed New Systems of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Federal 
Maritime Commission is issuing notice of the establishment of new 
systems of records.

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 August 1, 2008. 
The new systems will be effective August 11, 2008, unless comments are 
received that would result in a contrary determination.

ADDRESSES: Address all comments concerning this notice to: Karen V. 
Gregory, Assistant Secretary, Federal Maritime Commission, 800 N. 
Capitol Street, NW., Washington, DC 20573-0001, [email protected].

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Assistant Secretary, 
Federal Maritime Commission, 800 N.

[[Page 37957]]

Capitol Street, NW., Washington, DC 20573-0001, (202) 523-5725, 
[email protected].

SUPPLEMENTARY INFORMATION: The Commission proposes to adopt the 
following additional Systems of Records (``SOR''). Interested parties 
may participate by filing with the Assistant Secretary, Federal 
Maritime Commission their views and comments pertaining to this Notice. 
All suggestions for changes in the text should be accompanied by draft 
language necessary to accomplish the desired changes and should be 
accompanied by supportive statements and arguments. Comments must be 
submitted in the prescribed time or the proposed SOR will become 
effective as scheduled.
    Notice is hereby given, that pursuant to the Privacy Act of 1974, 5 
U.S.C 552a, the Commission proposed to establish new Systems of Records 
reading as follows:
FMC-32

System Name:
    Regulated Persons Index (``RPI'').

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 persons, including passenger vessel 
operators, vessel operating common carriers, marine terminal operators, 
sole proprietorships, association or agreement of persons, financial 
institutions, third party filers, practitioners before the Commission, 
ocean freight forwarders, non-vessel-operating common carriers, members 
of partnerships, and officers and owners of corporate licensees, 
managers/members and owners of limited liability companies, ex-
licensees, and applicants for licenses.

Categories of records in the system:
    The system contains names, addresses, phone/fax numbers of 
regulated entities and, where applicable, tax payer identification 
numbers (which may be Social Security Numbers), or names, addresses, 
and Social Security Numbers (or alternatively, driver's license 
numbers, passport, visa, or alien registration numbers) of the 
stockholders, officers, managers/members, and directors of individual 
ocean transportation intermediaries (OTIs); financial responsibility 
information including name of financial institutions, instrument 
identification numbers and amount of instruments; and, internal 
processing and licenses information pertinent to OTIs. Under the 
Shipping Act of 1984, as amended, OTIs may be 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, 41302-41303, and 41305), 46 App. 
U.S.C. 1704 (recodified as 46 U.S.C. 40302-40303), 46 App. U.S.C. 1707 
(recodified as 46 U.S.C. 40501-40503), 46 App. U.S.C. 817(d) and (e) 
(recodified 46 U.S.C. 44101-44106), 46 CFR 502.27, 46 CFR 520.3(d).

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 the Commission staff for monitoring the activities of 
regulated entities to ensure they are in compliance with Commission 
regulations.
    2. By Commission staff for evaluation of applicants for licensing 
and certificates.
    3. 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 the Trade Act of 2002 and related CBP 
requirements (or any other successor agency or organization) and to 
verify that passenger vessels with 50 or more passenger berths 
embarking passengers from U.S. ports have valid certificates.
    4. Selected data such as name, address, phone/fax number are 
available to the public at a fee.
    5. To appropriate agencies, entities, and persons when (a) the 
Federal Maritime Commission suspects or has confirmed that the security 
or confidentiality of information in the system of records has been 
compromised; (b) the agency has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the agency or another agency or entity) that rely upon 
the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the agency's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in file folders and LAN environment at 
Commission headquarters.

Retrievability:
    Records are indexed by name, organization number, or license 
number.

Safeguards:
    Records are maintained in an area of restricted accessibility.

Retention and disposal:
    Passenger vessel applicant and certificate files and OTI applicant 
and licensee files are kept as long as the application and/or 
certificate/license is active. Files for withdrawn and denied 
applicants, and revoked licensees as well as passenger vessel operators 
no longer active in the program 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 therefore, and shall 
meet the requirements of section 503.66 of title 46 of the Code of 
Federal Regulations.

[[Page 37958]]

Record source categories:
    1. Information submitted by applicants, licensees, certificants, 
practitioners, third party filers, vessel operating common carriers, 
marine terminal operators, financial entities including surety 
companies.
    2. OTI license status information.
    3. Information submitted by Commission Area Representatives.
    4. Information obtained through Internet web site searches and 
selected commercial and government database searches conducted by BCL 
staff in processing OTI and PVO applications (e.g., ChoicePoint and Dun 
& Bradstreet).
    5. Information submitted by the general public.
    6. Information submitted by 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 materials compiled for law enforcement purposes 
is exempted 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.
FMC-33

System name:
    Payroll/Personnel System.

System classification:
    Unclassified.

System location:
    Hard copies of personnel records and payroll transactions and 
reports are located at the Federal Maritime Commission, 800 North 
Capitol Street, NW., Washington, DC 20573-0001. Electronic data are 
located at the U.S. Department of Agriculture, National Finance Center, 
New Orleans, LA 70129. The electronic records are subject to the Office 
of Personnel Management's government-wide system notice, OPM/GOVT-1.

Categories of individuals covered by the system:
    Current and former employees of the Federal Maritime Commission.

Categories of records in the system:
    All official personnel actions and/or payroll transaction 
information on Commission employees.

Authority for maintenance of the system:
    5 U.S.C. 301, 2302(b)(20)(B), 2302(b)(10), 7311, 7313; Executive 
Order 10450; 5 CFR 731.103.

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 National Finance Center in 
connection with administrative services provided to this agency under 
agreement with NFC.
    10. To GAO for audit; to the Internal Revenue Service for 
investigation; and to private attorneys, pursuant to a power of 
attorney.
    11. To the Merit Systems Protection Board, the Office of Special 
Counsel, the Equal Employment Opportunity Commission, or the Federal 
Labor Relations Authority, in connection with functions vested in those 
agencies.
    12. To the Office of Management and Budget in connection with 
private relief legislation.
    13. In litigation before a court or in an administrative proceeding 
being conducted by a Federal agency.
    14. To the National Archives and Records Administration for records 
management inspections.
    15. To Federal agencies as a data source for management information 
through the production of summary descriptive statistics and analytical 
studies in support of the functions for which the records are 
maintained for related studies.
    16. To appropriate agencies, entities, and persons when (a) the 
Federal Maritime Commission suspects or has confirmed that the security 
or confidentiality of information in the system of records has been 
compromised; (b) the agency has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the agency or another agency or entity) that rely upon 
the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in

[[Page 37959]]

connection with the agency's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    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, NW., 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, Public Law 93-579.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records are stored in Official Personnel Folders and payroll 
files at the FMC. Electronic records reside at the National Finance 
Center.

Retrievability:
    Hard copy records are retrievable by name. Electronic data can be 
retrieved by Social Security Number.

Safeguards:
    Electronic records are stored at the National Finance Center, which 
is located in a secured Federal complex with controlled access. Access 
to data is limited to those individuals to whom NFC has granted access/
security. Output documents from the system are maintained as hard copy 
documents by the FMC's Office of Human Resources in secured cabinets 
located within a secured room.

Retention and disposal:
    Disposition of records shall be in accordance with General Records 
Schedule 2.

System manager(s) and address:
    Director of Human Resources, 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-34

System name:
    Travel Charge Card Program--FMC.

System location:
    Office of Financial Management, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573-0001.
    This system is covered by the General Services Administration's 
government-wide system notice, GSA/GOVT-3.
FMC-35

System name:
    Transit Benefits File--FMC.

System location:
    Office of Management Services, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573-0001.
    This system is covered by the Department of Transportation's 
government-wide system notice, DOT/ALL-8.
FMC-36

System name:
    SmartPay Purchase Charge Card Program--FMC.

System location:
    Office of Management Services, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573-0001.
    This system is covered by the General Services Administration's 
government-wide system notice, GSA/GOVT-6.

By the Commission.
Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-15037 Filed 7-1-08; 8:45 am]
BILLING CODE 6730-01-P