Privacy Act of 1974; System of Records
| Published date | 26 October 2020 |
| Citation | 85 FR 67740 |
| Record Number | 2020-23651 |
| Section | Notices |
| Court | Federal Mediation And Conciliation Service |
67740
Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
continuing information collection
(reinstatement with change) described
in this notice. The public is invited to
comment on the proposed information
collection pursuant to the Paperwork
Reduction Act of 1995.
DATES
: Written comments must be
submitted at the addresses below on or
before November 25, 2020.
ADDRESSES
: Comments should be
addressed to: Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Shannon Joyce, Desk Officer for Federal
Maritime Commission, 725 17th Street
NW, Washington, DC 20503, OIRA_
Submission@OMB.EOP.GOV, Fax (202)
395–5167, and to: Karen V. Gregory,
Managing Director, OMD@fmc.gov.
FOR FURTHER INFORMATION CONTACT
:
Copies of the submission(s) may be
obtained by contacting Donna Lee at
202–523–5800 or email: omd@fmc.gov.
SUPPLEMENTARY INFORMATION
:
Request for Comment
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the
Commission invites the general public
and other Federal agencies to comment
on the proposed information collection.
On April 16, 2020, the Commission
published a notice and request for
comment in the Federal Register (85 FR
21233) regarding the agency’s request
for extension from OMB for this
information collection as required by
the Paperwork Reduction Act of 1995.
The Commission received no comments
on the request for extension of OMB
approval. The subject information
collection expired on May 31, 2020. The
Commission has submitted the
described information collection to
OMB for reinstatement.
In response to this notice, comments
and suggestions should address one or
more of the following points: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
Information Collection Open for
Comment
Title: 46 CFR part 540—Application
for Certificate of Financial
Responsibility/Form FMC–131.
OMB Approval Number: 3072–0012
(Expired May 31, 2020).
Abstract: Sections 2 and 3 of Public
Law 89–777 (46 U.S.C. 44101–44106)
require owners, charterers, or operators
of passenger vessels with 50 or more
passenger berths or stateroom
accommodations and embarking
passengers at United States ports and
territories to establish their financial
responsibility to meet liability incurred
for death or injury to passengers and
other persons, and to indemnify
passengers in the event of
nonperformance of transportation. The
Commission’s regulations at 46 CFR part
540 implement Public Law 89–777 and
specify financial responsibility coverage
requirements for such owners,
charterers, or operators.
Current Actions: There are changes to
this information collection, and it is
being submitted for reinstatement and
approval of changes. Twelve fields have
been eliminated due to being captured
on the financial instrument and we have
reduced several questions regarding
financial responsibility into two
questions. Our intent is to make the
form more intuitive and easier to use
and understand. Additionally,
information collected in a data format,
as opposed to receiving this information
in a narrative format, will assist us in
analyzing the submissions.
Type of Review: Reinstatement with
change.
Needs and Uses: The information will
be used by the Commission’s staff to
ensure that passenger vessel owners,
charterers, and operators have
evidenced financial responsibility to
indemnify passengers and others in the
event of nonperformance or casualty.
Frequency: This information is
collected when applicants apply for a
certificate or when existing certificates
change any information in their
application forms.
Affected Public Who Will Be Asked or
Required to Respond: Respondents are
owners, charterers, or operators of
passenger vessels with 50 or more
passenger berths that embark passengers
from U.S. ports or territories.
Number of Annual Respondents: The
Commission estimates the total number
of respondents at 52 annually.
Estimated Time per Response: The
time per response ranges from 0.5 to 8
hours for reporting and recordkeeping
requirements contained in the
regulations, and 8 hours for completing
Application Form FMC–131.
Total Annual Burden: The
Commission estimates the total burden
at 1,233 hours per year.
Rachel Dickon,
Secretary.
[FR Doc. 2020–23666 Filed 10–23–20; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Privacy Act of 1974; System of
Records
AGENCY
: Office of General Counsel
(OGC), FMCS.
ACTION
: Notice of a New System of
Records.
SUMMARY
: The Federal Mediation and
Conciliation Service (FMCS) is
establishing a new system of records for
Freedom of Information Act records
(FOIA) and Privacy Act records
processing and a FOIA and Privacy Act
information technology system new to
FMCS that will enable requesters to
submit, receive, and appeal their FOIA
and Privacy Act requests and decisions
via an online portal.
DATES
: This notice will go in to effect
without further notice on October 28,
2020, unless otherwise revised pursuant
to comments received. New routine uses
will go into effect on November 25,
2020. Comments must be received on or
before November 25, 2020.
ADDRESSES
: Office of General Counsel,
250 E Street SW, Washington, DC
20427: foia@fmcs.gov. Comments may
be submitted via email at foia@fmcs.gov
or via fax at (202) 606–5444. All
submissions must refer to the System
Name and Number FMCS–1–FOIA/PA.
FOR FURTHER INFORMATION CONTACT
:
Anna Davis, Deputy General Counsel,
adavis@fmcs.gov.
SUPPLEMENTARY INFORMATION
: This
describes a new system for receiving,
processing, and storing FOIA and
Privacy Act requests, responses, and
appeals.
SYSTEM NAME AND NUMBER
:
FMCS–1–FOIA/PA.
SECURITY CLASSIFICATION
:
Unclassified.
SYSTEM LOCATION
:
Federal Mediation and Conciliation
Service, 250 E Street SW, Washington,
DC 20427; AINS 806 W. Diamond
Avenue, Gaithersburg, MD 20878.
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67741
Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
SYSTEM MANAGER
(
S
):
Sarah Cudahy, General Counsel,
FMCS 250 E Street SW, Washington, DC
20427.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
Federal Mediation and Conciliation
Service, 29 U.S.C. 172, et seq.; Freedom
of Information Act, 5 U.S.C. 552; The
Privacy Act of 1974, 5 U.S.C. 552a; 5
U.S.C. 301.
PURPOSE
(
S
)
OF THE SYSTEM
:
This system is maintained for the
purpose of processing access requests
and administrative appeals under the
FOIA (including system access records
for requesters and staff), and access and
amendment requests and appeals under
the Privacy Act; corresponding with the
Office of Information Policy (OIP) in the
Department of Justice regarding federal
agency compliance with the FOIA; and
for the purpose of assisting FMCS in
carrying out any other responsibilities
under the FOIA and the Privacy Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
Individuals filing requests for access
to information under the FOIA and
Privacy Act, maintaining an account
through which to file FOIA requests and
appeals, and FMCS staff assigned to
help process, consider, and respond to
such requests, including any appeals.
CATEGORIES OF RECORDS IN THE SYSTEM
:
The system consists of records created
or compiled in response to FOIA and
Privacy Act requests and appeals,
including: The original requests and
administrative appeals; responses to
such requests and administrative
appeals; all related memoranda,
correspondence, notes, other supporting
documentation, and system access
records for both requesters and FMCS
staff (usernames and passwords).
Information collected and maintained
about individuals includes name,
contact information, phone numbers,
email addresses, and mailing addresses.
Records may contain information about
people named in them. This system also
consists of records related to inquiries
submitted to OIP regarding federal
agency compliance with the FOIA, and
all records related to the resolution of
such inquiries.
RECORD SOURCE CATEGORIES
:
Individuals about whom the record is
maintained, and agency staff assigned to
help process, review, or respond to the
access request, including any appeal.
Records pertaining to accessing the
FOIA processing system will also be
included in this records system.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES
:
(a) To a federal, state, or local agency
or entity for the purpose of consulting
with that agency or entity to enable
FMCS to make a determination as to
access to or correction of information;
for the purpose of verifying the identity
of an individual or the accuracy of
information submitted by an individual
who has requested access to or
amendment of information.
(b) To a federal agency or entity that
furnished the record or information for
the purpose of permitting that agency or
entity to make a decision as to access or
correction of the record or information,
or to a federal agency or entity for
purposes of providing guidance or
advice regarding the handling of
particular requests.
(c) To a submitter or subject of a
record or information in order to obtain
assistance to FMCS in making a
determination as to access or
amendment.
(d) To the National Archives and
Records Administration for the purpose
of adjudicating an appeal from an FMCS
denial or a request.
(e) To appropriate agencies for the
purpose of resolving an inquiry
regarding FMCS compliance with the
FOIA.
(f) To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
responsibilities under 5 U.S.C. 552(h) to
review administrative policies,
procedures, and compliance with the
FOIA, and to facilitate OGIS’ offering of
mediation services to resolve disputes
between persons making FOIA requests
and administrative agencies.
(g) To contractors, experts,
consultants, and others performing or
working on a contract service
agreement, or other assignments for the
federal government, when necessary to
accomplish an agency function related
to this system of records.
(h) To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
(i) To any component of the
Department of Justice for the purpose of
representing FMCS, or its components,
officers, employees, or members in
pending or potential litigation to which
the record is pertinent.
(j) In an appropriate proceeding before
a court, grand jury, or administrative
body, when FMC determines the records
are relevant to the proceeding; or in an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
(k) To the news media and the public,
unless it is determined that the release
of specific information in the context of
the particular case would constitute an
unwarranted invasion of privacy.
(l) To such recipients and under such
circumstances and procedures as are
mandated by federal statute or
regulation.
(m) To appropriate agencies, entities,
and persons when (1) the Commission
suspects or has confirmed that there has
been a breach of the system of records,
(2) the Commission has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Commission (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 Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
(n) To another Federal agency or
Federal entity, when the Commission
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
:
Records are maintained electronically
using a commercial software application
run on the agency’s internal servers and
shared drives run on the agency’s
internal servers. Hardcopy records are
maintained in a locked file cabinet that
require two badged access points.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
Indexed by name of requesting party
and subject matter of request. Records
can also be searched by name, address,
phone number, fax number, and email
of the requesting party, subject matter of
the request, requestor organization,
FOIA number, and staff members
assigned to the request.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
Records are retained and disposed of
in accordance with General Records
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
Schedule 4.2, issued by the National
Archives and Records Administration.
ADMINSTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
Access to nonpublic system records is
restricted to FMCS personnel or
contractors whose responsibilities
require access. Nonpublic paper records
are temporary, maintained in lockable
file cabinets or offices, and destroyed
once the request and appeal process is
complete. Access to electronic records is
controlled by a ‘‘user ID’’ and password
combination and other electronic access
or network controls (e.g., firewalls).
FMCS buildings are guarded and
monitored by security personnel,
cameras, ID checks, and other physical
security measures.
RECORD ACCESS PROCEDURES
:
See 29 CFR 1410.3—Individual access
requests. Requests can be submitted via
the fmcs.gov website, via email to
privacy@fmcs.gov or via mail at Chief
Privacy Officer at FMCS 250 E Street
SW, Washington, DC 20427.
CONTESTING RECORDS PROCEDURES
:
See 29 CFR 1410.6 Appeals from
denials of requests can be submitted via
email to privacy@fmcs.gov or via mail at
Chief Privacy Officer at FMCS.
NOTIFICATION PROCEDURES
:
See 29 CFR 1410.3(a), et seq.
Individuals who desire to know whether
the agency maintains a system of
records pertaining to them by
submitting a written request to the Chief
Privacy Officer at privacy@fmcs.gov or
Chief Privacy Officer, FMCS, 250 E
Street SW, Washington, DC 20427.
EXEMPTIONS PROMULGATED FOR THE SYSTEM
:
None.
HISTORY
:
None.
Dated: October 21, 2020.
Sarah Cudahy,
General Counsel.
[FR Doc. 2020–23651 Filed 10–23–20; 8:45 am]
BILLING CODE 6732–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Docket No. 2020–0053; Sequence No. 13]
Information Collection; Payment by
Electronic Fund Transfer-Other Than
System for Award Management—OMB
Control No. 9000–0144
AGENCY
: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Notice and request for
comments.
SUMMARY
: In accordance with section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, and the Office of
Management and Budget (OMB)
regulations, DoD, GSA, and NASA
invite the public to comment on a
revision and renewal concerning
payment by electronic fund transfer
(other than System for Award
Management). DoD, GSA, and NASA
invite comments on: Whether the
proposed collection of information is
necessary for the proper performance of
the functions of Federal Government
acquisitions, including whether the
information will have practical utility;
the accuracy of the estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
OMB has approved this information
collection for use through January 31,
2021. DoD, GSA, and NASA propose
that OMB extend its approval for use for
three additional years beyond the
current expiration date.
DATES
: DoD, GSA, and NASA will
consider all comments received by
December 28, 2020.
ADDRESSES
: DoD, GSA, and NASA
invite interested persons to submit
comments on this collection through
http://www.regulations.gov and follow
the instructions on the site. This website
provides the ability to type short
comments directly into the comment
field or attach a file for lengthier
comments. If there are difficulties
submitting comments, contact the GSA
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Instructions: All items submitted
must cite Information Collection 9000–
0144, Payment by Electronic Fund
Transfer-Other than System for Award
Management. Comments received
generally will be posted without change
to http://www.regulations.gov, including
any personal and/or business
confidential information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two-to-three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT
:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION
:
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0144, Payment by Electronic
Fund Transfer-Other than System for
Award Management.
B. Need and Uses
This clearance covers the information
that contractors must submit to comply
with the following Federal Acquisition
Regulation (FAR) requirement:
•52.232–34, Payment by Electronic
Funds Transfer—Other than System for
Award Management. This clause
requires contractors to provide the
following information to enable the
Government to make payments under
the contract by electronic funds transfer
(EFT):
(1) The contract number (or other
procurement identification number).
(2) The Contractor’s name and
remittance address, as stated in the
contract(s).
(3) The signature (manual or
electronic, as appropriate), title, and
telephone number of the Contractor
official authorized to provide this
information.
(4) The name, address, and 9-digit
Routing Transit Number of the
Contractor’s financial agent.
(5) The Contractor’s account number
and the type of account (checking,
saving, or lockbox).
(6) If applicable, the Fedwire Transfer
System telegraphic abbreviation of the
Contractor’s financial agent.
(7) If applicable, the Contractor shall
also provide the name, address,
telegraphic abbreviation, and 9-digit
Routing Transit Number of the
correspondent financial institution
receiving the wire transfer payment if
the Contractor’s financial agent is not
directly on-line to the Fedwire Transfer
System; and, therefore, not the receiver
of the wire transfer payment.
The burden to provide the
information required by the FAR clause
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