[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]
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FEDERAL MARITIME COMMISSION
Privacy Act of 1974; Proposed Altered Systems of Records
AGENCY: Federal Maritime Commission.
ACTION: Notice of proposed altered systems of records.
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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
