51940 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974; as Amended 

Proposed Alteration to an Existing 

Privacy Act System of Records, and 

New Routine Use 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Altered system of records and 

routine use. 

SUMMARY: We are issuing public notice 

of our intent to alter an existing system 

of records and to add a routine use 

applicable to this system of records in 

accordance with the Privacy Act (5 

U.S.C. 552a(e)(4) and (e)(11)). The 

system of records is entitled the 

Attorney and Eligible Direct Pay NonAttorney (EDPNA) 1099–MISC File (60– 

0325), hereinafter referred to as the 

Appointed Representative File. 

We propose the following changes: 

• Expand the purpose for the 

Appointed Representative File system of 

records to allow us to collect, maintain, 

and use information covered by the 

system of records to administer 

activities (e.g., authentication, 

registration, payment, monitoring, and 

termination of appointment) of 

appointed representatives. 

• Expand the category of persons 

covered by the system of records to 

include non-professional persons (e.g., a 

friend, neighbor, or minister). In 2010, 

we will expand the category of persons 

further to include firms and other 

professional entities as representatives. 

• Expand the category of records we 

maintain in the system to include the 

representative’s date of birth, cell phone 

information, and assigned 

representative identification number. 

• Change the system of records name 

from the Attorney and Eligible Direct 

Pay Non-Attorney (EDPNA) 1099–MISC 

File to the Appointed Representative 

File to more accurately reflect the 

persons covered by the system of 

records. The change also reflects that we 

have created a single repository, 

identified as the Appointed 

Representative Database, in which we 

will maintain all representational data. 

• Add our data protection routine use 

to the system of records to allow us to 

release information to appropriate 

entities, persons, and Federal, State, and 

local agencies when we suspect or 

confirm an unauthorized release of 

personally identifiable information. 

We discuss the altered system of 

records and new routine use in the 

Supplementary Information section 

below. We invite public comments on 

this proposal. 

DATES: We filed a report of the altered 

Appointed Representative File system of 

records and new routine use disclosure 

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 Director, 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB) on September 23, 3009. 

The altered Appointed Representative 

File system of records and new routine 

use will become effective on November 

6, 2009, 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: 

Christine W. Johnson, Social Insurance 

Specialist (Senior Analyst), 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) 965–8563 or email: chris.w.johnson@ssa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the 

Appointed Representative File System 

of Records 

A. General Background 

In order to increase the number of 

disability claims and appeals filed 

online, we established the Disability 

Direct initiative and created a staggered 

roll-out process to automate the 

disability claims and services process, 

to the maximum extent possible. 

Through the Disability Direct initiative, 

we will: (1) Simplify the online 

application process; (2) establish an 

automated suite of services for 

appointed representatives; and (3) 

receive application data and medical 

records by direct transmission from 

third parties and medical service 

providers. The Disability Direct 

initiative will improve online disability 

claims and appeals to help offset our 

labor-intensive disability workload. 

On September 8, 2008, we published 

revisions to the Rules on Representation 

of Parties in the Federal Register (See 

73 FR 51963 (September 8, 2008)) to 

make it easier for representatives to do 

business with us electronically. We are 

altering the Appointed Representative 

File system of records specifically to 

implement an online suite of services 

for representatives. The online services 

will enable us to establish a framework 

of new business processes and systems 

enhancements and to provide 

comprehensive online services for 

representatives who wish to perform 

services on behalf of our claimants. 

To ensure that we administer the 

appointed representative business 

process in a more efficient and effective 

manner, we propose to: (1) Expand the 

purpose for which we collect, maintain, 

and use the information covered by this 

system of records to include the overall 

administration of all representational 

activities of appointed representatives; 

(2) expand the category of persons 

covered by the system of records to 

include non-professional persons (e.g., a 

friend, neighbor, or minister); (3) 

expand the category of records we 

maintain in the system to include the 

representative’s date of birth, cell phone 

information, and representative 

identification number; (4) change the 

name of the system of records to more 

accurately reflect the persons covered 

by the system of records; and (5) add 

our data protection routine use to the 

system of records. 

Our long-standing policy is to 

recognize only persons as 

representatives. However, in the 

decades since we adopted that policy, 

the business practices of claimants’ 

representatives have changed 

significantly. For example, many 

claimants prefer to hire a firm rather 

than a single person within a firm. 

Accordingly, to provide claimants better 

flexibility in pursuing matters before us, 

starting in 2010, we will recognize firms 

and other professional entities as 

representatives. 

We will maintain all information 

about appointed representatives, 

regardless of the category, payment 

type, or representational status of the 

representative, in a single repository 

identified as the Appointed 

Representative Database, covered by the 

Appointed Representative File system of 

records. 

B. Discussion of Appointed 

Representative File System of Records 

We believe that the proposed 

alteration will significantly strengthen 

the framework of the appointed 

representative business process, as well 

as our efforts to enhance the 

infrastructure for electronic paperless 

processes. The alteration brings together 

related information in a single 

repository designed to increase 

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Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 51941 

communication efficiency with other 

key agency systems. It will also increase 

accuracy in the way we administer the 

representative process. 

C. Discussion of New Routine Use 

As recommended by the President’s 

Identity Theft Task Force, as mandated 

by the Office of Management and 

Budget (OMB) in Memorandum M–07– 

16, and in accordance with the Privacy 

Act (5 U.S.C. 552a(e)(4) and (11)), we 

established a routine use that 

specifically permits us to disclose our 

information when we respond to the 

unintentional release of agency 

information (a data security breach). 

Such a routine use serves to 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. (See 72 FR 69723 (December 10, 

2007)). 

II. Records Storage Medium and 

Safeguards for the Information Covered 

by the Appointed Representative File 

System of Records 

We will maintain, in paper and 

electronic form, appointed 

representative information covered by 

the Appointed Representative File 

system of records. 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 Appointed 

Representative File system of records by 

requiring the use of access codes to 

enter the computer system that will 

house the data. 

We annually provide all of 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). Employees and 

contractors with access to databases 

maintaining personally identifiable 

information must sign a sanction 

document annually, acknowledging 

their accountability for inappropriately 

accessing or disclosing such 

information. 

III. Effects of the Appointed 

Representative File System of Records 

and Routine Use Disclosure on the 

Rights of Individuals 

A. Discussion Relating to the Alteration 

We propose altering the Appointed 

Representative File system of records as 

part of our responsibilities in continuing 

to expand our business processes. We 

will adhere to all applicable statutory 

requirements, including those under the 

Social Security Act and the Privacy Act, 

in carrying out our responsibilities. 

Therefore, we do not anticipate that the 

proposed alteration to this system of 

records will have any adverse effect on 

the privacy or other rights of the persons 

covered by the system of records. 

B. Discussion Relating to the New 

Routine Use 

The new routine use will serve to 

protect the interests of persons whose 

information could be at risk. We will 

take appropriate steps to facilitate a 

timely and effective response to a 

security breach of our data, thereby 

improving our ability to prevent, 

minimize, or remedy any harm that may 

result from a compromise of data 

maintained in our system of records. We 

do not anticipate that the new routine 

use will have any adverse effect on the 

rights of persons whose data might be 

disclosed. 

IV. Compatibility of Proposed Routine 

Use 

As mandated by OMB, as 

recommended by the President’s 

Identity Theft Task Force, and in 

accordance with the Privacy Act (5 

U.S.C. 552a(a)(7) and (b)(3)) and our 

disclosure regulation (20 CFR Part 401), 

we are permitted to release information 

under a published routine use for a 

purpose that is compatible with the 

purpose for which we collected the 

information. Section 401.20 of our 

regulations provides that we will 

disclose information required by law. 

Since OMB has mandated its 

publication, this routine use is 

appropriate and meets the relevant 

statutory and regulatory criteria. In 

addition, we disclose to other agencies, 

entities, and persons, when necessary, 

to respond to an unintentional release. 

These disclosures are compatible with 

the reasons we collect the information, 

as helping to prevent and minimize the 

potential for harm is consistent with 

taking appropriate steps to protect 

information entrusted to us. See 5 

U.S.C. 552a(e)(10). 

Dated: September 23, 2009. 

Michael J. Astrue, 

Commissioner. 

Social Security Administration 

Notice of System of Records Required 

by the Privacy Act of 1974; as Amended 

System Number: 

60–0325. 

SYSTEM NAME: 

Appointed Representative File, Social 

Security Administration (SSA), Office of 

Disability Adjudication and Review and 

Deputy Commissioner for Retirement 

and Disability Policy. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Social Security Administration, Office 

of Systems, 6401 Security Boulevard, 

Baltimore, Maryland 21235. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system covers all claimants’ 

representatives who are currently 

eligible to represent SSA claimants or 

have represented SSA claimants in the 

past at the administrative or court level 

in SSA matters. A representative may be 

any person (e.g., attorney, eligible direct 

pay non-attorney, or non-professional 

such as a friend, neighbor, or minister), 

a firm, or other professional entity that 

provides representative services, 

regardless of whether the representative 

charges or collects a fee for providing 

the representational services. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system will contain personally 

identifiable information and contact 

information for all appointed 

representatives. For example, we collect 

name (regardless of category, payment 

type, or representational status), date of 

birth, tax identification number (TIN)/ 

Social Security number (SSN), 

representative identification number, 

tax mailing address, notice address, 

payment address, telephone numbers 

(e.g., business, fax, and cell phone) and 

type of representative (i.e., attorney, 

eligible direct pay non-attorney, nonprofessional, a firm, or other 

professional entity). 

The system will also contain 

information about the representative’s 

legal standing and business affiliations. 

For example, we collect current bar and 

court information (e.g., year admitted, 

license number, present standing), 

sanction-related information (e.g., 

‘‘Disqualified or Suspended,’’ and start/ 

stop date of sanction), date the 

appointment was signed, termination of 

service date, business affiliation 

information (e.g., sole proprietor or 

single-member Limited Liability 

Company/Limited Liability partnership, 

partner, or salaried employee), name 

and address of the firm or entity, 

employer identification number (EIN) of 

the entity, and banking information. 

The system will also maintain 

relevant claimants’ SSNs. 

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51942 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Sections 205, 206, 1631(d)(1) and 

1631(d)(2) of the Social Security Act, as 

amended, sections 6041 and 6045 of the 

Internal Revenue Code, and 

implementing regulations at 26 CFR part 

1. 

PURPOSE(S): 

By altering the Appointed 

Representative File system of records, 

we will more efficiently collect, 

maintain, and use information about 

appointed representatives, regardless of 

category, payment type, or 

representational status, and strengthen 

the overall representative business 

process. We use information in this 

system to verify, document, and 

organize information about 

representatives. 

ROUTINE USES OF RECORDS COVERED BY THE

APPOINTED REPRESENTATIVE FILE SYSTEM OF

RECORDS, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Routine use disclosures are indicated 

below; however, we will not disclose 

any information defined as ‘‘return or 

return information’’ under 26 U.S.C. 

6103 of the Internal Revenue Code 

(IRC), unless authorized by the IRC, the 

Internal Revenue Service (IRS), or IRS 

regulations. 

1. To the Office of the President in 

response to an inquiry 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 the 

record or a third party on that person’s 

behalf. 

3. To the IRS and to State and local 

government tax agencies in response to 

inquiries regarding receipt of fees we 

paid directly starting in calendar year 

2007. 

4. To the IRS to permit its auditing of 

our compliance with the safeguard 

provisions of the IRC of 1986, as 

amended. 

5. To the Department of Justice (DOJ), 

a court, other tribunal, or another party 

before such court or tribunal when: 

(a) SSA or any component thereof; 

(b) any SSA employee in his or her 

official capacity; 

(c) any SSA employee in his or her 

individual capacity when DOJ (or SSA 

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 the 

operations of SSA or any of its 

components, is a 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. 

6. To DOJ for: 

(a) investigating and prosecuting 

violations of the Social Security Act to 

which criminal penalties attach; 

(b) representing the Commissioner; or 

(c) investigating issues of fraud or 

violation of civil rights by agency 

officers or employees. 

7. 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 in which 

we may enter into a contractual or 

similar agreement with a third party to 

assist in accomplishing an agency 

function relating to this system of 

records. 

8. 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 duties. 

9. To Federal, State, and local law 

enforcement agencies and private 

security contractors as appropriate, 

information as necessary: 

(a) to enable them to assure 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. 

10. To the General Services 

Administration 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. 

11. To employers to assist us in 

collecting debts owed by claimants’ 

representatives who received an excess 

or erroneous representational fee 

payment and owe a delinquent debt to 

us. Disclosure under this routine use is 

authorized under the Debt Collection 

Improvement Act of 1966 (Pub. L. 104– 

134) and implemented through 

administrative wage garnishment 

provisions of this Act. See 31 U.S.C. 

3720D. 

12. To employers of claimants’ 

representatives (e.g., law firms, 

partnerships, or other business entities) 

in accordance with the requirements of 

sections 6041 and 6045(f) of the IRC as 

implemented by the IRS Regulations 

found at 26 CFR 1.6041–1, and as 

necessary for us to carry out the 

requirements for fee reporting to 

appointed representatives. 

13. 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 appointed 

representative 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 in this system of records. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Pursuant to 5 U.S.C. 552a(b)(12) of the 

Privacy Act, we may disclose 

information to consumer reporting 

agencies as defined in the Fair Credit 

Reporting Act (15 U.S.C. 1681a(f)) or the 

Federal Claims Collection Act of 1966 

(31 U.S.C. 3701, et seq.), as amended. 

We will make the disclosure in 

accordance with 31 U.S.C. 3711(e) when 

authorized by sections 204(f), 808(e), or 

1631(b)(4) of the Social Security Act (42 

U.S.C. 404(f), 1008(e), or 1383(b)(4)). We 

may disclose under these circumstances 

to facilitate the collection of outstanding 

debts owed to the Federal government, 

to provide an incentive for debtors to 

repay delinquent Federal government 

debts by making the debts part of their 

credit records. The information we 

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Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 51943 

disclose is limited to the person’s name, 

address, SSN, and other information 

necessary to establish the person’s 

identity, the amount, status, and history 

of the debt, and the agency or program 

under which the debt arose. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

We will store records in this system 

in paper and electronic form. 

RETRIEVABILITY: 

We will retrieve records by SSN, 

representative identification number, or 

alphabetically by the person’s name. 

SAFEGUARDS: 

We retain paper and electronic files 

with personal identifiers in secure 

storage areas accessible only to our 

authorized employees and contractors. 

We limit access to data with personal 

identifiers from this system to only our 

authorized personnel who have a need 

for the information when performing 

their official duties. 

We provide appropriate security 

awareness and training annually to all 

our employees and contractors that 

include 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)(l). 

Furthermore, employees and contractors 

with access to databases maintaining 

personally identifiable information must 

sign a sanction document annually, 

acknowledging their accountability for 

inappropriately accessing or disclosing 

such information. 

RETENTION AND DISPOSAL: 

For purposes of records management 

dispositions authority, we follow the 

NARA and Department of Defense 

(DOD) 5015.2 regulations (DOD Design 

Criteria Standard for Electronic Records 

Management Software Applications). 

We will destroy paper and electronic 

records three years after the final action 

is taken. 

SYSTEM MANAGER(S) AND ADDRESS(ES): 

Deputy Commissioner for Budget, 

Finance and Management, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, MD 21235. 

NOTIFICATION PROCEDURES: 

Persons can determine if this system 

contains a record about them by writing 

to the system manager at the above 

address to verify their identity or they 

must certify in the request that they are 

the person they claim to be and 

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 should 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 SSA Regulations 

(20 CFR 401.40 and 401.45). 

RECORD ACCESS PROCEDURES: 

Same as notification procedures. 

Requesters also should reasonably 

specify the record contents they are 

seeking. These procedures are in 

accordance with SSA Regulations (20 

CFR 401.40(c)). 

CONTESTING RECORD PROCEDURES: 

Same as notification procedures. 

Persons also should 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 SSA Regulations (20 CFR 

401.65(a)). 

RECORD SOURCE CATEGORIES: 

We obtain information covered by the 

Appointed Representative File system of 

records from claimant representatives 

and SSA records, such as the Master 

Beneficiary Record, Supplemental 

Security Record, and Master Files of 

Social Security Number (SSN) Holders 

and SSN Applications. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. E9–24275 Filed 10–7–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0161] 

Notice 1 Receipt of Petition for 

Decision That Nonconforming 2009 

Harley Davidson FX, FL, XL and VR 

Series Motorcycles Are Eligible for 

Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2009 

Harley Davidson FX, FL, XL and VR 

Series Motorcycles are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2009 Harley 

Davidson FX, FL, XL and VR Series 

Motorcycles that were not originally 

manufactured to comply with all 

applicable Federal motor vehicle safety 

standards (FMVSS) are eligible for 

importation into the United States 

because (1) they are substantially 

similar to vehicles that were originally 

manufactured for sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards, and (2) they are 

capable of being readily altered to 

conform to the standards. 

DATES: The closing date for comments 

on the petition is November 9, 2009. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

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