[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7914]
[[Page Unknown]]
[Federal Register: April 4, 1994]
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FEDERAL MARITIME COMMISSION
46 CFR Part 503
[Docket No. 94-02]
Access to any Record of Identifiable Personal Information
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is amending its Privacy Act
(``Act'') regulations to adopt additional exemptions from requirements
of the Act in regard to information about individuals which is included
in certain investigatory material systems of records. The amendments
are required to avoid compromise of ongoing investigations, disclosure
of confidential sources and unwarranted invasion of privacy of third
parties.
EFFECTIVE DATE: May 4, 1994.
FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Secretary, Federal
Maritime Commission, 800 North Capital Street, NW., Washington, DC
20573-0001, (202) 523-5725.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission, by Notice
of Proposed Rulemaking (``NPR'') published February 11, 1994; 59 FR
6610, proposed amendments to its regulations implementing the Privacy
Act, 5 U.S.C. 552a. The Commission previously had exempted certain
systems of records containing investigatory materials from the
provisions of subsections (c)(3) and (d) of the Act which require an
accounting of disclosures and permit access to records in the systems.
The NPR proposed additional exemptions under subsections (k)(2) and (5)
of the Act for various systems of records within the agency. These
exemptions would apply to those systems of records which include
investigatory material compiled either for law enforcment purposes or,
to the extent disclosure would reveal the identity of a confidential
source, for the purpose of determining suitability for Federal civilian
employment or for access to classified information. An additional
exemption under subsection (j)(2) of the Act was proposed for the
``Inspector General File'' system of records in regards to activity
pertaining to the enforcement of criminal laws. The thrust of the NPR
was to invoke the full reach of permitted exemptions so that the
provisions of certain subsections of the Act would not routinely limit
the sources from which information is obtained and the types of
information permitted to be collected, or require procedures for
notification of the existence of and access to these classes of
records.
No comments were filed in response to the NPR and the Commission
has determined to adopt the amendments proposed therein as final. The
new exemptions pertaining to law enforcement records are appropriate to
avoid compromise of ongoing investigations, disclosure of the identity
of confidential sources, and invasion of personal privacy of third
parties. The exemptions pertaining to personnel-related investigatory
records will protect confidential sources.
The Chairman of the Commission certifies pursuant to section 605(b)
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities, including small businesses, small
organizational units or small governmental organizations because
individuals affected by the rule do not appear to fall within the
meaning of ``small entity.''
List of Subjects in 46 CFR Part 503
Classified information, Freedom of Information, Privacy, Sunshine
Act.
Therefore, pursuant to 5 U.S.C. 552a (j) and (k) and 533, part 503
of title 46, Code of Federal Regulations is amended as follows:
1. The authority citation for part 503 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a, 552b, 553; E.O. 12356, 47 FR
14874, 15557, 3 CFR 1982 Comp., p. 167.
2. Section 503.68 is revised to read as follows:
Sec. 503.68 Exemptions.
(a) The system of records designated FMC-25 Inspector General File
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) to the extent it contains information meeting the criteria
of 5 U.S.C. 552a(j)(2) pertaining to the enforcement of criminal laws.
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.
(b) The following systems of records are exempt from the provisions
of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f),
which otherwise require the Commission, among other things, to provide
the individual named in the records an accounting of disclosures and
access to and opportunity to amend the records. The scope of the
exemptions and the reasons therefor are described for each particular
system of records.
(1) FMC-1 Personnel Security File. 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.
Exemption is required to honor promises of confidentiality.
(3) FMC-7 Licensed Ocean Freight Forwarders File. All information
that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
materials compiled for law enforcement purposes. 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.
(3) FMC-22 Investigatory Files. All information that meets the
criteria of 5 U.S.C. 552a(k)(2) regarding investigatory material
compiled for law enforcement purposes. 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.
(4) FMC-24 Informal Inquiries and Complaint Files. All information
that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
material compiled for law enforcement purposes. Exemption is
appropriate to avoid compromise of ongoing investigations, disclosure
of the identity of confidential sources and unwarranted invasion of
personal privacy of third parties.
(5) FMC-25 Inspector General File. (i) All information that meets
the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory material
compiled for law enforcement purposes. 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.
(ii) 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 the disclosure would reveal the identity of
a source who furnished information to the Commission under the promises
of confidentiality. Exemption is required to honor promises of
confidentiality.
(6) FMC-26 Administrative Grievance File. (i) All information that
meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory
material compiled for law enforcement purposes, 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.
(ii) All information about individuals that meets the criteria of 5
U.S.C. 552a(k)(5), regarding suitability, eligibility or qualification
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. Exemption is required to honor promises of
confidentiality.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-7914 Filed 4-1-94; 8:45 am]
BILLING CODE 6730-01-M