Notice2023-01975
Privacy Act of 1974; System of Records
Primary source
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Published
January 31, 2023
Effective
March 2, 2023
Issuing agencies
Federal Maritime Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6259-6261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#4112242233243520333801272c226f262e37"><span class="__cf_email__" data-cfemail="0f5c6a6c7d6a7b6e7d764f69626c21686079">[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-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. <a href="/cdn-cgi/l/email-protection#481b2d2b3a2d3c293a31082e252b662f273e"><span class="__cf_email__" data-cfemail="8cdfe9effee9f8edfef5cceae1efa2ebe3fa">[email protected]</span></a>.
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, <a href="/cdn-cgi/l/email-protection#4417212736213025363d042229276a232b32"><span class="__cf_email__" data-cfemail="94c7f1f7e6f1e0f5e6edd4f2f9f7baf3fbe2">[email protected]</span></a>.
[[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:
<bullet> name;
<bullet> title;
<bullet> home address;
<bullet> business address;
<bullet> employer and employment history;
<bullet> organizational affiliation;
<bullet> phone number;
<bullet> email address;
<bullet> educational institutions attended, and degrees held;
<bullet> references/letters of recommendation, and other
information relevant to an individual's qualifications to serve on an
advisory committee;
<bullet> date of birth;
<bullet> social security number;
<bullet> gender;
<bullet> race;
<bullet> drivers license number and state of issuance;
<bullet> prior residences for purposes of obtaining a credit check
and criminal background check and the results of those checks;
<bullet> 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:
<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 or
committee name.
<bullet> 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.
<a href="https://www.archives.gov/files/records-mgmt/grs/trs30-sch-only.pdf">https://www.archives.gov/files/records-mgmt/grs/trs30-sch-only.pdf</a>
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)
[[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
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</html>Indexed from Federal Register on January 31, 2023.
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.