Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8171 

8 17 CFR 200.30–3(a)(12). 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–FINRA–2010–006 and 

should be submitted on or before March 

16, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3393 Filed 2–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974, as Amended; 

Proposed System of Records and 

Routine Use Disclosures 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Proposed System of Records and 

Routine Uses. 

SUMMARY: In accordance with the 

Privacy Act (5 U.S.C. 552a(e)(4) and 

(e)(11)), we are issuing public notice of 

our intent to establish a new system of 

records and routine uses applicable to 

this system of records entitled, the 

Administrative Law Judge/Public 

Alleged Misconduct Complaints System, 

60–0356 (the ALJ/PAMC system of 

records). We will use the information 

covered by the system of records to 

manage and monitor complaints filed 

against Administrative Law Judges 

(ALJ). We discuss the system of records 

and routine use disclosures in the 

Supplementary Information section 

below. We invite public comments on 

this proposal. 

DATES: We filed a report of the ALJ/ 

PAMC system of records and routine use 

disclosures with the Chairman of the 

Senate Committee on Homeland 

Security and Governmental Affairs, the 

Chairman of the House Committee on 

Oversight and Government Reform, and 

the Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on 

February 12, 2010. The ALJ/PAMC 

system of records and routine uses will 

become effective on March 14, 2010, 

unless we receive comments before that 

date that would result in a contrary 

determination. 

ADDRESSES: Interested persons may 

comment on this publication by writing 

to the Executive Director, Office of 

Privacy and Disclosure, Office of the 

General Counsel, Social Security 

Administration, Room 3–A–6 

Operations Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401. All comments we receive will be 

available for public inspection at the 

above address. 

FOR FURTHER INFORMATION CONTACT: 

Earlene Whitworth Hill, Social 

Insurance Specialist, Disclosure Policy 

Development and Services Division I, 

Office of Privacy and Disclosure, Office 

of the General Counsel, Social Security 

Administration, Room 3–A–6 

Operations Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, telephone: (410) 965–1817, e-mail: 

earlene.whitworth.hill@ssa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the ALJ/ 

PAMC System of Records 

A. General Background 

Our Office of Disability Adjudication 

and Review (ODAR) includes a 

nationwide field organization staffed 

with ALJs who conduct impartial 

hearings and make decisions on appeals 

filed by claimants and their advocates or 

representatives on their behalf. 

Claimants and their advocates or 

representatives may file a complaint 

against an ALJ if they believe the ALJ 

was biased or engaged in improper 

conduct. Persons may make complaints 

in writing to our Office of the Chief 

Administrative Law Judge and to our 

regional and hearing offices. We also 

receive complaints through our Appeals 

Council, agents at our National 800 

Telephone Number Network, our Office 

of the Inspector General Hotline, and 

congressional offices on behalf of their 

constituents. We review, investigate, 

and respond to such complaints. 

At present, we do not have a good 

mechanism to track complaints about 

ALJs from initiation to resolution. This 

weakness makes it difficult for us to 

identify and resolve service delivery 

issues, and also impairs customer 

service. This system of records will help 

us improve service to the public by 

creating a centrally managed, electronic 

method to collect, monitor, and retrieve 

information concerning complaints 

about ALJs. 

The ALJ/PAMC system of records will: 

• Provide us with information to 

manage and respond to complaints, 

which in turn will help us monitor and 

improve customer service and reduce 

manual work; 

• Provide us with information to 

process, review, or investigate 

complaints filed; 

• Provide us with information related 

to the complaint, including the name of 

the claimant and other identifying 

information, the name of the claimant’s 

advocate or representative, if any, and 

information about the ALJ who 

allegedly committed misconduct; and 

• Provide us with management 

information to document, monitor, and 

track complaints about ALJs, to identify 

patterns of improper ALJ behavior that 

may require further review and action, 

and to assist us in deterring recurring 

incidences of ALJ bias or misconduct. 

B. Collection and Maintenance of the 

Data for the ALJ/PAMC System of 

Records 

We will collect and maintain 

information from complaints filed 

against ALJs in an electronic system 

covered by the ALJ/PAMC system of 

records. We will collect information 

relating to the complaint, case analyses, 

results of the review or investigation, 

location of the hearing or regional office, 

ALJ duty station, Federal court if the 

complaint is raised at the Federal court 

level, and copies of relevant 

correspondence. 

We will collect information about the 

claimant (or claimant’s advocate or 

representative) filing the complaint such 

as name, Social Security number (SSN), 

date of birth, address, gender, race or 

ethnic background (if readily available), 

and relevant claims-related information. 

We will also collect information about 

the ALJ named in the complaint, such 

as name, ALJ assigned number, and 

tracking and control log numbers. 

Since we will retrieve information 

from this system using names and other 

personal identifiers, the ALJ/PAMC 

information collection is a system of 

records, as defined by the Privacy Act. 

II. Routine Use Disclosures of Data 

Covered by the ALJ/PAMC System of 

Records 

A. Routine Use Disclosures 

We propose to establish the following 

routine uses of information that will be 

covered by the ALJ/PAMC system of 

records. 

1. To the Office of the President in 

response to an inquiry from that office 

made at the request of the subject of the 

record or a third party on that person’s 

behalf. 

We will disclose information under 

this routine use only when the Office of 

the President makes an inquiry relating 

to information contained in this system 

of records and indicates that it is acting 

on behalf of the person whose record is 

requested (e.g., ALJ, claimant, 

claimant’s advocate or representative, if 

any). 

2. To a congressional office in 

response to an inquiry from that office 

made at the request of the subject of a 

mstockstill on DSKH9S0YB1PROD with NOTICES

8172 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

record or a third party on that person’s 

behalf. 

We will disclose information under 

this routine use only when a member of 

Congress, or member of his or her staff, 

makes an inquiry relating to information 

contained in this system of records and 

indicates that he or she is acting on 

behalf of the person whose record is 

requested. 

3. To the Department of Justice (DOJ), 

a court, other tribunal, or another party 

before such court or tribunal when: 

(a) The agency or any of our 

components; or 

(b) Any agency employee in his or her 

official capacity; or 

(c) Any agency employee in his or her 

individual capacity when DOJ (or the 

agency when we are authorized to do 

so) has agreed to represent the 

employee; or 

(d) The United States or any agency 

thereof when we determine that the 

litigation is likely to affect our 

operations or any of our components, is 

party to litigation or has an interest in 

such litigation, and we determine that 

the use of such records by DOJ, a court, 

other tribunal, or another party before 

such court or tribunal is relevant and 

necessary to the litigation. In each case, 

however, we must determine that such 

disclosure is compatible with the 

purpose for which we collected the 

records. 

We will disclose information under 

this routine use as necessary to enable 

DOJ to effectively defend us, our 

components, or our employees in 

litigation, when the use of information 

covered by this system of records is 

relevant and necessary to the litigation 

and compatible with the purpose of the 

information collection. We will also 

disclose information to ensure that 

courts, other tribunals, and parties 

before such courts or tribunals, have 

appropriate information when relevant 

and necessary. 

4. To student volunteers, persons 

working under a personal services 

contract, and others who are not 

technically Federal employees, when 

they are performing work for us as 

authorized by law, and they need access 

to information in our records in order to 

perform their assigned agency duties. 

We will disclose information under 

this routine use only when we use the 

services of student volunteers and 

participants in certain educational, 

training, employment, and community 

service programs when they need access 

to information covered by this system of 

records to perform their assigned agency 

duties. 

5. To the Equal Employment 

Opportunity Commission (EEOC) when 

they request information in connection 

with an investigation into alleged or 

possible discriminatory practices in the 

Federal sector, examination of Federal 

affirmative employment programs, 

compliance by Federal agencies with 

the Uniform Guidelines on Employee 

Selection Procedures, or other functions 

vested in the Commission. 

We will disclose information about 

our employees under this routine use to 

the EEOC, as necessary, to assist in 

reassessing requests for reasonable 

accommodations; to assist in 

investigations into alleged or possible 

discriminatory practices in the Federal 

sector; to combat and prevent fraud, 

waste, and abuse under the 

Rehabilitation Act of 1973; and to assist 

the Commission in carrying out its other 

functions. 

6. To the Federal Labor Relations 

Authority, the General Counsel, the 

Federal Mediation and Conciliation 

Service, the Federal Service Impasses 

Panel, or an arbitrator when they 

request information in connection with 

investigations of allegations of unfair 

practices or of other matters before an 

arbitrator or the Federal Service 

Impasses Panel. 

We will disclose information about 

our employees under this routine use, as 

necessary, to the Federal Labor 

Relations Authority, the General 

Counsel, the Federal Mediation and 

Conciliation Service, the Federal 

Service Impasses Panel, or an arbitrator, 

when all or part of the allegations 

involve the information covered by the 

ALJ/PAMC system of records. 

7. To the Office of Personnel 

Management, the Merit Systems 

Protection Board, or the Office of 

Special Counsel when they request 

information in connection with appeals, 

special studies of the civil service and 

other merit systems, review of those 

agencies’ rules and regulations, 

investigation of alleged or possible 

prohibited personnel practices, and for 

other such functions of these agencies as 

may be authorized by law. 

We will disclose information about 

our employees under this routine use, as 

necessary, to the Office of Personnel 

Management, the Merit Systems 

Protection Board, or to the Office of 

Special Counsel, when all or part of the 

allegations in the appeal or action 

involve the information covered by the 

ALJ/PAMC system of records. 

8. To Federal, State, and local law 

enforcement agencies and private 

security contractors, as appropriate, 

information necessary: 

a. To enable them to ensure the safety 

of our employees and customers, the 

security of our workplace, and the 

operation of our facilities; or 

b. To assist investigations or 

prosecutions with respect to activities 

that affect such safety, security, or 

activities that disrupt the operation of 

our facilities. 

We will disclose information under 

this routine use to law enforcement 

agencies and private security 

contractors when they need information 

to respond to, investigate, or prevent 

activities that jeopardize the security 

and safety of the public, employees, or 

our workplaces, or that otherwise 

disrupt the operation of our facilities. 

We will disclose information to assist in 

prosecuting persons charged with 

violating a Federal, State, or local law in 

connection with such activities. 

9. To contractors and other Federal 

agencies, as necessary, to assist us in 

efficiently administering our programs. 

We will disclose information under 

this routine use only in situations where 

we enter into a contractual agreement or 

similar agreement with a third party to 

assist in accomplishing an agency 

function relating to information covered 

by the ALJ/PAMC system of records. 

10. To the appropriate Federal, State, 

and local agencies, entities, and persons 

when: (1) We suspect or confirm that 

the security or confidentiality of 

information in this system of records 

has been compromised; (2) we 

determine that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, risk of identity theft 

or fraud, or harm to the security or 

integrity of this system or our other 

systems or programs that rely upon the 

compromised information; and (3) we 

determine that disclosing the 

information to such agencies, entities, 

and persons is necessary to assist in our 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. We 

will use this routine use to respond only 

to those incidents involving an 

unintentional release of our records. 

We will disclose information under 

this routine use specifically in 

connection with response and 

remediation efforts in the event of an 

unintentional release of agency 

information, otherwise known as a ‘‘data 

security breach.’’ This routine use will 

protect the interests of the people whose 

information is at risk by allowing us to 

take appropriate steps to facilitate a 

timely and effective response to a data 

breach. The routine use will also help 

us improve our ability to prevent, 

minimize, or remedy any harm that may 

result from a compromise of data 

covered by this system of records. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8173 

11. To a Federal, State, and local 

professional licensing board, at our 

initiative or at the request of the 

licensing board, when such records 

indicate a violation of ethical conduct 

by a current or former employee who is 

seeking to be licensed or is licensed 

before the professional board. 

We will disclose information under 

this routine use to a Federal, State, or 

local licensing board, at our initiative, 

or at the request of the licensing board, 

regarding the facts surrounding a 

potential ethical violation by a current 

or former employee who is licensed or 

seeking to be licensed before a 

professional board. 

12. To a Federal or State agency in 

response to its request, or at our 

initiative, in connection with decisions 

to hire an employee, issue a security 

clearance, conduct a security or 

suitability investigation of a person, 

classify a job, award a contract, or 

regarding the requesting agency’s 

decision to issue a license, grant, or 

other benefit. We may disclose for 

lawful statutory administrative or 

investigative purposes to the extent that 

the information is relevant and 

necessary to the requesting agency’s 

decision. 

We will disclose information in 

response to a request, or at our 

initiative, in connection with any of the 

circumstances specified in the routine 

use above. The request pertaining to 

such circumstances must meet lawful 

statutory administrative or investigative 

purposes and be consistent with our 

authority for maintaining the record. 

13. To officials of labor organizations 

recognized under 5 U.S.C. chapter 71, 

when relevant and necessary to their 

duties of exclusive representation 

concerning personnel policies, 

practices, and matters affecting 

conditions of employment. 

We will disclose information about 

our employees under this routine use, to 

the officials above as necessary, when 

all or part of the information requested 

involves information covered by the 

ALJ/PAMC system of records. 

14. To the General Services 

Administration (GSA) and the National 

Archives and Records Administration 

(NARA) under 44 U.S.C. 2904 and 2906, 

as amended by the NARA Act, 

information that is not restricted from 

disclosure by Federal law, for their use 

in conducting records management 

studies. 

We will disclose information under 

this routine use only when it is 

necessary for GSA and NARA to have 

access to the information covered by 

this system of records. The 

Administrator of GSA and the Archivist 

of NARA are authorized by Title 44 

U.S.C. 2904, as amended, to promulgate 

standards, procedures, and guidelines 

regarding records management and to 

conduct records management studies. 

Title 44 U.S.C. 2906, as amended, 

provides that GSA and NARA are 

authorized to inspect Federal agencies’ 

records for records management 

purposes and that agencies are to 

cooperate with GSA and NARA. 

B. Compatibility of Routine Uses 

We can disclose information when the 

disclosure is required by law (20 CFR 

401.120). We can also disclose 

information when the purpose is 

compatible with the purpose for which 

we collect the information and the 

disclosure is supported by a published 

routine use (20 CFR 401.150). The 

disclosures under routine uses numbers 

1 through 13 will ensure that we 

efficiently perform our functions 

relating to the purpose and 

administration of the ALJ/PAMC system 

of records. Federal law requires the 

disclosures that we make under routine 

use number 14. We will disclose 

information under routine use number 

14 to the extent another Federal law 

does not prohibit the disclosure. For 

example, the Internal Revenue Code 

generally prohibits us from disclosing 

tax return information which we receive 

to maintain individual earnings records. 

Therefore, all routine uses are 

appropriate and meet the relevant 

statutory and regulatory criteria. 

III. Records Storage Medium and 

Safeguards for the Information Covered 

by the ALJ/PAMC System of Records 

We will maintain information covered 

by the ALJ/PAMC system of records in 

electronic and paper form. We will keep 

paper records in locked cabinets or in 

other secure areas. We will safeguard 

the security of the electronic 

information covered by the ALJ/PAMC 

system of records by requiring the use 

of access codes to enter the computer 

system that will house the data. We will 

permit only our authorized employees 

and contractors, who require the 

information to perform their official 

duties to access the information covered 

by the ALJ/PAMC system of records. 

We annually provide all our 

employees and contractors with 

appropriate security awareness and 

training that includes reminders about 

the need to protect personally 

identifiable information and the 

criminal penalties that apply to 

unauthorized access to, or disclosure of, 

personally identifiable information. See 

5 U.S.C. 552a(i)(1). Furthermore, 

employees and contractors with access 

to databases maintaining personally 

identifiable information must annually 

sign a sanction document 

acknowledging their accountability for 

inappropriately accessing or disclosing 

such information. 

IV. Effects of the ALJ/PAMC System of 

Records on the Rights of Individuals 

We will maintain only information 

that is necessary to carry out our official 

functions under the Social Security Act 

and other applicable Federal statutes in 

the electronic system covered by the 

ALJ/PAMC system of records. We will 

employ safeguards to protect the 

confidentiality of all personally 

identifiable information in our 

possession. We will adhere to the 

provisions of the Privacy Act and other 

applicable Federal statutes that govern 

our use and disclosure of information 

that is covered by the ALJ/PAMC system 

of records. We will disclose information 

under the routine uses discussed in this 

publication only as necessary to 

accomplish the stated purposes. 

Therefore, we do not anticipate that the 

ALJ/PAMC system of records or routine 

use disclosures will have any 

unwarranted adverse effect on the 

privacy or other rights of persons. 

Dated: February 12, 2010. 

Michael J. Astrue, 

Commissioner. 

SYSTEM NUMBER: 

60–0356. 

SYSTEM NAME: 

Administrative Law Judge/Public 

Alleged Misconduct Complaints (ALJ/ 

PAMC) System. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

All SSA Office of Disability 

Adjudication and Review (ODAR) 

regional offices and the Office of the 

Chief Administrative Law Judge in Falls 

Church, Virginia. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Administrative Law Judges (ALJ) 

accused of misconduct or bias in 

connection with processing a claimant’s 

case and the claimant who was the 

subject of the alleged misconduct or 

bias. If the claimant’s advocate or 

representative files a complaint that an 

ALJ is biased against him or her, it may 

also cover a claimant’s advocate or 

representative. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information derived from complaints 

filed against ALJs; the information we 

mstockstill on DSKH9S0YB1PROD with NOTICES

8174 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

gather in processing, reviewing, or 

investigating such complaints; the 

results of the review or investigation; 

case analyses; the information related to 

the hearing office, the regional office, 

and the ALJ’s duty station; information 

related to the alleged complaint; the 

Federal court, if a complaint is raised at 

the Federal court level; and copies of 

relevant correspondence. The ALJ/ 

PAMC system may contain the 

following information about the 

claimant who filed the complaint: name, 

Social Security number (SSN), date of 

birth, address, and relevant claimsrelated information. In addition, the 

ALJ/PAMC system may contain 

information regarding the claimant’s 

gender and race or ethnic background, 

if that information is provided and is a 

basis for the complaint. The ALJ/PAMC 

system may contain information related 

to the claimant’s advocate or 

representative that is derived from the 

complaint (e.g., name, gender, race and/ 

or ethnic background, if provided and it 

is a basis for the complaint). The ALJ/ 

PAMC system may also contain the 

following information about the ALJ 

associated with the complaint: name, 

ALJ assigned number, and our assigned 

tracking and control log numbers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Sections 205 and 1631(d)(1) of the 

Social Security Act, as amended. 

PURPOSE(S): 

We will use the information covered 

by the system of records to manage and 

monitor complaints filed against ALJs. 

The information will: 

• Provide us with information to 

manage and respond to complaints, 

which in turn will help us monitor and 

improve customer service and reduce 

manual work; 

• Provide us with information to 

process, review, or investigate 

complaints filed; 

• Provide us with information related 

to the complaint, including the name of 

the claimant and other identifying 

information, the name of the claimant’s 

advocate or representative, if any, and 

information about the ALJ who 

allegedly committed misconduct; and 

• Provide us with management 

information to document, monitor, and 

track ALJ complaints, to identify 

patterns of improper ALJ behavior that 

may require further review and action, 

and to assist us in deterring recurring 

incidences of ALJ bias or misconduct. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES: 

Routine use disclosures are as 

indicated below. 

1. To the Office of the President in 

response to an inquiry from that office 

made at the request of the subject of the 

record or a third party on that person’s 

behalf. 

2. To a congressional office in 

response to an inquiry from that office 

made at the request of the subject of a 

record or a third party on that person’s 

behalf. 

3. To the Department of Justice (DOJ), 

a court, other tribunal, or another party 

before such court or tribunal when: 

(a) The agency or any of our 

components; 

(b) Any agency employee in his or her 

official capacity; 

(c) Any agency employee in his or her 

individual capacity when DOJ (or the 

agency when we are authorized to do 

so) has agreed to represent the 

employee; or 

(d) The United States or any agency 

thereof when we determine that the 

litigation is likely to affect our 

operations or any of our components, is 

party to litigation or has an interest in 

such litigation, and we determine that 

the use of such records by DOJ, a court, 

other tribunal, or another party before 

such court or tribunal is relevant and 

necessary to the litigation. In each case, 

however, we must determine that such 

disclosure is compatible with the 

purpose for which we collected the 

records. 

4. To student volunteers, persons 

working under a personal services 

contract, and others who are not 

technically Federal employees, when 

they need access to information in our 

records in order to perform their 

assigned agency duties. 

5. To the Equal Employment 

Opportunity Commission (EEOC) when 

they request information in connection 

with an investigation into alleged or 

possible discriminatory practices in the 

Federal sector, examination of Federal 

affirmative employment programs, 

compliance by Federal agencies with 

the Uniform Guidelines on Employee 

Selection Procedures, or other functions 

vested in the Commission. 

6. To the Federal Labor Relations 

Authority, the General Counsel, the 

Federal Mediation and Conciliation 

Service, the Federal Service Impasses 

Panel, or an arbitrator when information 

is requested in connection with 

investigations of allegations of unfair 

practices or of other matters before an 

arbitrator or the Federal Service 

Impasses Panel. 

7. To the Office of Personnel 

Management, the Merit Systems 

Protection Board, or the Office of 

Special Counsel when they request 

information in connection with appeals, 

special studies of the civil service and 

other merit systems, review of those 

agencies’ rules and regulations, 

investigation of alleged or possible 

prohibited personnel practices, and for 

other such functions of these agencies as 

may be authorized by law. 

8. To Federal, State, and local law 

enforcement agencies and private 

security contractors, as appropriate, 

information necessary: 

a. To enable them to ensure the safety 

of our employees and customers, the 

security of our workplace, and the 

operation of our facilities; or 

b. To assist investigations or 

prosecutions with respect to activities 

that affect such safety and security or 

activities that disrupt the operation of 

our facilities. 

9. To contractors and other Federal 

agencies, as necessary, to assist us in 

efficiently administering our programs. 

10. To the appropriate Federal, State, 

and local agencies, entities, and persons 

when: (1) We suspect or confirm that 

the security or confidentiality of 

information in this system of records 

has been compromised; (2) we 

determine that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, risk of identity theft 

or fraud, or harm to the security or 

integrity of this system or our other 

systems or programs that rely upon the 

compromised information; and (3) we 

determine that disclosing the 

information to such agencies, entities, 

and persons is necessary to assist in our 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. We 

will use this routine use to respond only 

to those incidents involving an 

unintentional release of our records. 

11. To Federal, State, and local 

professional licensing boards, at our 

initiative or at the request of the 

licensing board, when such records 

indicate a violation of ethical conduct 

by a current or former employee who is 

seeking to be licensed or is licensed 

before the professional board. 

12. To a Federal or State agency in 

response to its request, or at our 

initiation, in connection with decisions 

to hire an employee, issue a security 

clearance, conduct a security or 

suitability investigation of a person, 

classify a job, award a contract, or 

regarding the requesting agency’s 

decision to issue a license, grant, or 

other benefit. We may disclose for 

lawful statutory administrative or 

investigative purpose to the extent that 

the information is relevant and 

necessary to the requesting agency’s 

decision. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8175 

13. To officials of labor organizations 

recognized under 5 U.S.C. chapter 71 

when relevant and necessary to their 

duties of exclusive representation 

concerning personnel policies, 

practices, and matters affecting 

conditions of employment. 

14. To the General Services 

Administration and the National 

Archives Records Administration 

(NARA) under 44 U.S.C. 2904 and 2906, 

as amended by the NARA Act, 

information that is not restricted from 

disclosure by Federal law for their use 

in conducting records management 

studies. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

We will store records covered by the 

ALJ/PAMC system of records in 

electronic and paper form. 

RETRIEVABILITY: 

We will retrieve information covered 

by the ALJ/PAMC system of records by: 

• The name of the ALJ who is the 

subject of the complaint, the ALJ’s 

assigned numerical identifier, and the 

hearing or regional office where the ALJ 

is stationed; 

• The claimant’s name, SSN, date of 

birth, address, gender, and race or 

ethnic background, if the information is 

available; 

• The advocate’s or representative’s 

name, if any, and any other identifiable 

information pertaining to the complaint 

filed; 

• Our assigned tracking numbers, and 

other complaint and claims-related 

information; 

• The congressional office associated 

with the complaint, if any; and 

• The Appeals Council’s code. 

SAFEGUARDS: 

We will keep paper records in locked 

cabinets or in other secure areas. We 

will safeguard the security of the 

information by requiring the use of 

access codes to enter the computer 

system that will maintain the data, and 

will store computerized records in 

secure storage areas accessible only to 

our authorized employees and 

contractors who require the information 

to perform their official duties. 

We annually provide all our 

employees and contractors with 

appropriate security awareness and 

training that includes reminders about 

the need to protect personally 

identifiable information and the 

criminal penalties that apply to 

unauthorized access to, or disclosure of, 

personally identifiable information. See 

5 U.S.C. 552a(i)(1). Furthermore, 

employees and contractors with access 

to databases maintaining personally 

identifiable information must annually 

sign a sanction document, 

acknowledging their accountability for 

inappropriately accessing or disclosing 

such information. 

RETENTION AND DISPOSAL: 

We will maintain records at all agency 

ODAR regional offices and the Office of 

the Chief Administrative Law Judge in 

Falls Church, Virginia. We will delete or 

destroy records seven years after the 

date of the Office of the Chief 

Administrative Law Judge’s finding 

regarding the complaint, unless a 

special situation occurs. This seven-year 

requirement, which can be found in 

schedule N1–47–01, is consistent with 

the amount of time that we maintain 

most disability claim files. 

Special Situation—The following 

examples are situations in which we 

will maintain information beyond the 

scheduled period for destruction: 

• Fraud, waste, abuse, or misuse—We 

will not destroy information where we 

identify possible fraud, waste, abuse, or 

misuse or information involving 

investigations of fraud, waste, abuse, or 

misuse, until the Office of the Inspector 

General provides approval to dispose of 

such information. 

• Disciplinary action—We will not 

destroy information related to ALJ 

disciplinary action until the Office of 

the Chief Administrative Law Judge 

provides approval to dispose of such 

information. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Division of Quality Services, 

Office of the Chief Administrative Law 

Judge, Office of Disability Adjudication 

and Review, Social Security 

Administration, 5107 Leesburg Pike, 

Suite 1608, Falls Church, Virginia 

22041. 

NOTIFICATION PROCEDURES: 

Persons can determine if this system 

contains a record about them by writing 

to the system manager at the above 

address and providing their name, SSN, 

or other information in this system of 

records that will identify them. Persons 

requesting notification by mail must 

include a notarized statement to us to 

verify their identity or must certify in 

the request that they are the person they 

claim to be and that they understand 

that the knowing and willful request for, 

or acquisition of, a record pertaining to 

another person under false pretenses is 

a criminal offense. 

Persons requesting notification of 

records in person must provide the 

same information, as well as provide an 

identity document, preferably with a 

photograph, such as a driver’s license. 

Persons lacking identification 

documents sufficient to establish their 

identity must certify in writing that they 

are the person they claim to be and that 

they understand that the knowing and 

willful request for, or acquisition of, a 

record pertaining to another person 

under false pretenses is a criminal 

offense. 

Persons requesting notification by 

telephone must verify their identity by 

providing identifying information that 

parallels the information in the record 

about which they are requesting 

notification. If we determine that the 

identifying information the person 

provides by telephone is insufficient, 

we will require the person to submit a 

request in writing or in person. If a 

person requests information by 

telephone on behalf of another person, 

the subject person must be on the 

telephone with the requesting person 

and us in the same phone call. We will 

establish the subject person’s identity 

(his or her name, SSN, address, date of 

birth, and place of birth, along with one 

other piece of information such as 

mother’s maiden name) and ask for his 

or her consent to provide information to 

the requesting person. These procedures 

are in accordance with our regulations 

at 20 CFR 401.40 and 401.45. 

RECORD ACCESS PROCEDURES: 

Same as notification procedures. 

Persons should also reasonably specify 

the record contents they are seeking. 

These procedures are in accordance 

with our regulations at 20 CFR 

401.40(c). 

CONTESTING RECORD PROCEDURES: 

Same as notification procedures. 

Persons should also reasonably identify 

the record, specify the information they 

are contesting, and state the corrective 

action sought and the reasons for the 

correction with supporting justification 

showing how the record is incomplete, 

untimely, inaccurate, or irrelevant. 

These procedures are in accordance 

with our regulations (20 CFR 401.65(a)). 

RECORD SOURCE CATEGORIES: 

We obtain records covered by the ALJ/ 

PAMC system from the: 

• Complaint filed by the claimant or 

his or her advocate or representative, if 

any; 

• Information we receive from a 

congressional office regarding a 

claimant and a particular ALJ; 

• Documentation that we develop 

during our review or investigation of a 

complaint; and 

mstockstill on DSKH9S0YB1PROD with NOTICES

8176 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

• Appeals Council. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–3495 Filed 2–22–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice Number: 6372] 

U.S. Advisory Commission on Public 

Diplomacy; Notice of Meeting 

The U.S. Advisory Commission on 

Public Diplomacy has rescheduled its 

public meeting to March 15, 2010 from 

9 a.m. to 11 a.m. in the conference room 

of the International Foundation for 

Electoral Systems (IFES) located at 1850 

K Street, NW., Fifth Floor, Washington, 

DC 20006. This will replace the 

previously scheduled February 11 

meeting (canceled due to inclement 

weather) at the same location. 

The Commissioners will discuss 

public diplomacy issues, including 

interagency collaboration in advancing 

U.S. government public diplomacy 

efforts. 

The Commission is a bipartisan panel 

created by Congress in 1948 to assess 

public diplomacy policies and programs 

of the U.S. government and of publicly 

funded nongovernmental organizations. 

The Commission reports its findings 

and recommendations to the President, 

the Congress, the Secretary of State, and 

the American people. 

The public may attend this meeting as 

seating capacity allows. To attend this 

meeting and for further information, 

please contact Carl Chan at (202) 632– 

2823; e-mail: chanck@state.gov. Any 

member of the public requesting 

reasonable accommodation at this 

meeting should contact Mr. Chan prior 

to March 8th. Requests received after 

that date will be considered, but might 

not be possible to fulfill. 

Dated: February 16, 2010. 

Carl Chan, 

Executive Director, ACPD. 

[FR Doc. 2010–3563 Filed 2–22–10; 8:45 am] 

BILLING CODE 4710–11–P 

DEPARTMENT OF STATE 

[Public Notice 6879] 

Shipping Coordinating Committee; 

Notice of Committee Meeting 

The Shipping Coordinating 

Committee (SHC) will conduct an open 

meeting at 9:30 a.m. on Tuesday March 

9th, 2010, in Room 2415 of the United 

States Coast Guard Headquarters 

Building, 2100 Second Street, SW., 

Washington, DC 20593–0001. The 

primary purpose of the meeting is to 

prepare for the sixtieth Session of the 

International Maritime Organization 

(IMO) Marine Environmental Protection 

Committee to be held at the IMO 

headquarters in London, United 

Kingdom, from March 22 to March 26th, 

2010. 

The primary matters to be considered 

include: 

—Harmful aquatic organisms in ballast 

water 

—Recycling of ships 

—Prevention of air pollution from ships 

—Consideration and adoption of 

amendments to mandatory 

instruments 

—Interpretations of and amendments to 

MARPOL and related instruments 

—Implementation of the International 

Convention on Oil Pollution 

Preparedness, Response and 

Cooperation (OPRC) and the OPRCHazardous and Noxious Substances 

Protocol and relevant conference 

resolutions 

—Identification and protection of 

Special Areas and Particularly 

Sensitive Sea Areas 

—Inadequacy of reception facilities 

—Reports of sub-committees 

—Work of other bodies 

—Status of conventions 

—Harmful anti-fouling systems for ships 

—Promotion of implementation and 

enforcement of MARPOL and related 

instruments 

—Technical Cooperation Sub-program 

for the Protection of the Marine 

Environment 

—Role of the human element 

—Formal safety assessment 

—Noise from commercial shipping and 

its adverse impacts on marine life 

—Work program of the Committee and 

subsidiary bodies 

—Application of the Committees’ 

Guidelines 

—Consideration of the report of the 

Committee 

Members of the public may attend 

this meeting up to the seating capacity 

of the room. To facilitate the building 

security process, those who plan to 

attend should contact the meeting 

coordinator, LCDR Brian Moore, by email at brian.e.moore@uscg.mil, by 

phone at (202) 372–1434, by fax at (202) 

372–1925, or in writing at Commandant 

(CG–5224), U.S. Coast Guard, 2100 2nd 

Street, SW., Stop 7126, Washington, DC 

20593–7126 not later than March 2nd, 

2010, 7 days prior to the meeting. A 

member of the public requesting 

reasonable accommodation should also 

make such request prior to March 2nd, 

2010. Requests made after March 2nd, 

2010 might not be able to be 

accommodated. Please note that due to 

security considerations, two valid, 

government issued photo identifications 

must be presented to gain entrance to 

the Headquarters building. The 

Headquarters building is accessible by 

taxi and privately owned conveyance 

(public transportation is not generally 

available). 

However, parking in the vicinity of 

the building is extremely limited. 

Additional information regarding this 

and other IMO SHC public meetings 

may be found at: http://www.uscg.mil/ 

imo. 

Dated: February 12, 2010. 

Jon Trent Warner, 

Executive Secretary, Shipping Coordinating 

Committee, Department of State. 

[FR Doc. 2010–3565 Filed 2–22–10; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF STATE 

[Public Notice 6880] 

Advisory Committee on Historical 

Diplomatic Documentation; Notice of 

Meeting 

Summary: The Advisory Committee 

on Historical Diplomatic Documentation 

will meet on March 1 and March 2 at 

the Department of State, 2201 ‘‘C’’ Street 

NW., Washington, DC. 

Prior notification and a valid 

government-issued photo ID (such as 

driver’s license, passport, U. S. 

government or military ID) are required 

for entrance into the building. Members 

of the public planning to attend must 

notify Margaret Morrissey, Office of the 

Historian (202–663–3529) no later than 

February 25, 2010 to provide date of 

birth, valid government-issued photo 

identification number and type (such as 

driver’s license number/State, passport 

number/country, or US government ID 

number/agency or military ID number/ 

branch), and relevant telephone 

numbers. If you cannot provide one of 

the specified forms of ID, please consult 

with Margaret Morrissey for acceptable 

alternative forms of picture 

identification. In addition, any requests 

for reasonable accommodation should 

be made No later than February 23, 

2010. Requests for reasonable 

accommodation received after that time 

will be considered, but might be 

impossible to fulfill. 

The Committee will meet in open 

session from 1:30 p.m. through 2:30 

p.m. on Monday, March 1, 2010, in the 

Department of State, 2201 ‘‘C’’ Street 

NW., Washington, DC, in Conference 

mstockstill on DSKH9S0YB1PROD with NOTICES