[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6259-6261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01975]


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FEDERAL MARITIME COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Federal Maritime Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The Federal Maritime Commission (FMC or Commission) sponsors 
advisory committees in accordance with the Federal Advisory Committee 
Act when the FMC or Congress deems it would be beneficial to obtain 
advice or recommendations on issues or policies under consideration by 
the FMC. The Commission appoints advisory committee members which may 
include special government employees, Federal employees, or 
representatives of outside organizations, such as trade groups or 
industry. The FMC collects information about applicants to assess their 
qualifications to serve as a committee member, such as employment 
history, education, references, and other information relevant to the 
applicant's qualifications.

DATES: Written comments must be received no later than March 2, 2023. 
The revisions will become effective as proposed on March 2, 2023 unless 
the Commission receives comments that would result in a contrary 
determination.

ADDRESSES: Submit written comments to the Secretary, Federal Maritime 
Commission, 800 N Capitol Street NW, Washington, DC 20573-0001; or 
email comments to: [email protected] (email comments as an attachment 
in MS Word or PDF). Include in the Subject Line: Comments on Systems of 
Records Notice FMC-44.

FOR FURTHER INFORMATION CONTACT: William Cody, Office of the Secretary, 
800 N Capitol Street NW, Suite 1046, Washington, DC 20573-0001. (202) 
523-5725. [email protected].

SUPPLEMENTARY INFORMATION: This is a new system of records for records 
related to Federal advisory committees that the Commission supports.

SYSTEM NAME AND NUMBER:
    FMC-44 Federal Advisory Committee Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Secretary, Federal Maritime Commission, 800 North 
Capitol Street NW, Washington, DC 20573-0001.

SYSTEM MANAGER(S):
    Secretary, Federal Maritime Commission, 800 N Capitol Street NW, 
Washington, DC 20573-0001, [email protected].

[[Page 6260]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Advisory Committee Act, 5 U.S.C. appendix 2.
    46 U.S.C. chapter 425 (establishing the National Shipper Advisory 
Committee).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to evaluate and select members of 
advisory committees within the jurisdiction of the FMC, and for the 
management of advisory committees, including the preparation of 
reports, documenting membership, and the nomination and appointment of 
members, member terms, vacancies, acceptance, and separation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Appointed members of the Commission's advisory committees, 
applicants or nominees to the Commission's advisory committees, and 
individual participants in the Commission's advisory committees' 
working groups or subcommittees who are not necessarily appointed 
members of the advisory committees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Applications containing descriptions of educational and 
professional experience and qualifications, and letters of reference 
which may also include the following:
     name;
     title;
     home address;
     business address;
     employer and employment history;
     organizational affiliation;
     phone number;
     email address;
     educational institutions attended, and degrees held;
     references/letters of recommendation, and other 
information relevant to an individual's qualifications to serve on an 
advisory committee;
     date of birth;
     social security number;
     gender;
     race;
     drivers license number and state of issuance;
     prior residences for purposes of obtaining a credit check 
and criminal background check and the results of those checks;
     information about the member's position on the committee, 
including documentation of their appointment, date of appointment, 
term, date of separation, and reason for separation.

RECORD SOURCE CATEGORIES:
    Records are obtained from applicants who seek to serve on advisory 
committees, references for applicants, Members of Congress, and 
applicants' former employers. Information may also be obtained from 
publicly available sources with the applicant's consent.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), the Commission may:
    1. Use the records to determine suitability for Committee 
membership of an applicant or retention of a current member or to make 
a determination whether to appoint an individual to an advisory 
committee or retain the individual as an advisory committee member.
    2. Provide these records to the Executive Office of the President, 
the Office of Management and Budget, or the General Services 
Administration, when necessary, in the administration of the FMC's 
advisory committees, including complying with reporting obligations;
    3. Share advisory committee records with the public when the FMC 
deems it necessary to inform the public of advisory committee 
membership or activities. This routine use does not permit disclosure 
of an individual's home address, date of birth, social security number, 
gender, race, school or university transcripts, drivers license number 
and state of issuance, or prior residences.
    4. Provide such records during an appropriate proceeding before a 
court, grand jury, or administrative or adjudicative body or official, 
when the FMC or other Agency representing the FMC determines the 
records are relevant and necessary to the proceeding to which the 
government is a party; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding,
    5. Provide such records to contractors, grantees, experts, 
consultants, students, and others performing or working on a contract, 
service, grant, cooperative agreement, or other assignment for the 
Federal Government when necessary to accomplish an agency function 
related to this System of Records.
    6. Provide such records to appropriate agencies, entities, and 
persons when (1) the FMC suspects or confirms that there has been a 
breach of the system of records; (2) the FMC determines that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the FMC (including its information systems, programs, and 
operations), the Federal Government, or national security; and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the FMC's efforts to respond to 
the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    7. Provide such records to another Federal agency or Federal 
entity, when the FMC determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
     Physical records are maintained in file folders in a 
limited access location.
     Electronic records are maintained within the confines of 
the FMC General Support System (FMC GSS).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
     Physical records are indexed alphabetically by name or 
committee name.
     Electronic records are retrievable by individual name or 
committee name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Resumes and references of members and applicants are retained and 
disposed of when they are superseded, obsolete, or no longer needed, in 
accordance with General Records Schedule 6.2, Item 050. Records related 
to the selection and membership of committee members are permanent and 
transferred to the National Archives and Records Administration when 
they are 15 years old or the committee is terminated, whichever is 
sooner, in accordance with General Records Schedule 6.2, Item 010. 
https://www.archives.gov/files/records-mgmt/grs/trs30-sch-only.pdf

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
     Access to physical records in this system are limited to 
those individuals who have a need to know the information for 
performance of their official duties and who have appropriate 
clearances or permission.
     Electronic files are safeguarded to meet multiple National 
Institute of Standards and Technology (NIST)

[[Page 6261]]

Security Standards with password and identification protections. File 
access is limited to individuals who have a need to know the 
information for performance of their official duties and who have 
appropriate clearances or permission.

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 out in 46 CFR 503.65.

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 therefore and 
shall meet the requirements set out in of 46 CFR 503.66.

NOTIFICATION PROCEDURES:
    Any individual shall be informed whether or not any Commission 
system of records contains a record pertaining to him or her when 
requested in accordance with the requirements of 46 CFR 503.63(a).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    N/A.

William Cody,
Secretary.
[FR Doc. 2023-01975 Filed 1-30-23; 8:45 am]
BILLING CODE 6730-02-P