Notice2021-23000
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 26, 2021
Effective
November 26, 2021
Issuing agencies
Federal Maritime Commission
Abstract
Non-attorneys that wish to be admitted to practice and conduct business before the FMC on behalf of a regulated industry client, must complete and submit a Form FMC-12 package. The FMC-2 Non-Attorney Practitioner Files-FMC system of records contains information collected by the form FMC-12 application process, relevant to a non-attorney's qualifications to practice before the Commission.
Full Text
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<title>Federal Register, Volume 86 Issue 204 (Tuesday, October 26, 2021)</title>
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[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59163-59164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23000]
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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 modified system of records.
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SUMMARY: Non-attorneys that wish to be admitted to practice and conduct
business before the FMC on behalf of a regulated industry client, must
complete and submit a Form FMC-12 package. The FMC-2 Non-Attorney
Practitioner Files-FMC system of records contains information collected
by the form FMC-12 application process, relevant to a non-attorney's
qualifications to practice before the Commission.
DATES: Written comments must be received no later than November 26,
2021. The revisions will become effective as proposed on November 26,
2021 unless the Commission receives comments that would result in a
contrary determination.
ADDRESSES: Submit written comments to Rachel E. Dickon, Secretary,
Federal Maritime Commission, 800 N Capitol Street NW, Washington, DC
20573-0001; or email comments to: <a href="/cdn-cgi/l/email-protection#782b1d1b0a1d0c190a01381e151b561f170e"><span class="__cf_email__" data-cfemail="a9facccadbccddc8dbd0e9cfc4ca87cec6df">[email protected]</span></a> (email comments as
an attachment in MS Word or PDF). Include in the Subject Line: Comments
on Systems of Records Notice FMC-2.
FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Office of the
Secretary, 800 N Capitol Street NW, Suite 1046, Washington, DC 20573-
0001. (202) 523-5725. <a href="/cdn-cgi/l/email-protection#3467515746514055464d745259571a535b42"><span class="__cf_email__" data-cfemail="d586b0b6a7b0a1b4a7ac95b3b8b6fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This system is being updated to:
<bullet> Change the name from, FMC-2 Non-Attorney Practitioner
File-FMC to FMC-2 Non-Attorney Practitioner Files;
<bullet> Conform with the publication format required by Office of
Management and Budget (OMB) Circular A-108;
<bullet> Incorporate two additional routine uses as directed
pursuant to OMB Memorandum M-17-12; and
<bullet> Update the ``Categories of Records in the System'' section
to delete the collection of Social Security/Taxpayer Identification
Numbers and provide more specific information regarding collection.
SYSTEM NAME AND NUMBER:
FMC-2 Non-Attorney Practitioner 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, <a href="/cdn-cgi/l/email-protection#d784b2b4a5b2a3b6a5ae97b1bab4f9b0b8a1"><span class="__cf_email__" data-cfemail="1c4f797f6e79687d6e655c7a717f327b736a">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
46 CFR 502.27.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to maintain a relevant verification
source of information on non-attorney practitioners who are registered
to practice before the Commission. The Federal Maritime Commission
administers the Non-Attorneys Practicing Before the Commission program,
as authorized under 46 CFR 502.27, which allows any U.S. citizen who is
not an attorney at law to conduct business with the FMC on behalf of a
regulated industry client. Only non-attorneys must submit a completed
form FMC-12 package to be considered for and granted admission to
practice before the Commission.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, who are not attorneys, who apply for and are granted
permission to practice before the Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
Application forms containing descriptions of educational and
professional experience and qualifications, and letters of reference
related to non-attorney practitioners which may include the following:
<bullet> Residence address
<bullet> Citizenship status
<bullet> Date/place of birth
<bullet> Education
<bullet> Criminal Prosecutions
RECORD SOURCE CATEGORIES:
Applicants.
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) of the Privacy Act, the records in this system of records are
used or may be used:
1. To refer, where there is an indication of a violation or
potential violation of law, whether civil or 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, rule, regulation or order issued pursuant thereto.
2. 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 hiring or retention of
an employee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant, or other benefit.
3. To provide or disclose information 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 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.
4. To disclose information to the public when disclosures are made
on the record in a judicial or administrative proceeding. To disclose
relevant and necessary information to any component of the Department
of Justice for the purpose of representing the FMC, its officers,
employees, or members in pending or potential litigation to which the
record is pertinent.
5. In 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.
6. 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.
7. To appropriate agencies, entities, and persons when (1) the FMC
suspects or has confirmed that there has been a breach of the system of
records; (2) the FMC has determined 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
[[Page 59164]]
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.
8. 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:
<bullet> Physical records are maintained in file folders in a
limited access location.
<bullet> Electronic records are maintained within the confines of
the FMC General Support System (FMC GSS).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
<bullet> Physical records are indexed alphabetically by name.
<bullet> Electronic records are retrievable by name, address,
company, application date, admission date, or card number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These files will be destroyed 30 years after the applicant no
longer practices before the Federal Maritime Commission. <a href="https://www.archives.gov/files/records-mgmt/rcs/schedules/independent-agencies/rg-0358/daa-0358-2017-0007_sf115.pdf">https://www.archives.gov/files/records-mgmt/rcs/schedules/independent-agencies/rg-0358/daa-0358-2017-0007_sf115.pdf</a>.
See Sequence 3, Non-Attorney Practitioner files, N1-358-09-7/2 Cut
off at end of calendar year in which it is established that applicant
no longer practices before the Commission. Destroy 15 years after cut-
off.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
<bullet> 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.
<bullet> Electronic files are safeguarded to meet multiple National
Institute of Standards and Technology (NIST) 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 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:
78 FR 55703--<a href="https://www.federalregister.gov/documents/2013/09/11/2013-22072/privacy-act-of-1974-systems-of-records">https://www.federalregister.gov/documents/2013/09/11/2013-22072/privacy-act-of-1974-systems-of-records</a>.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021-23000 Filed 10-25-21; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on October 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.