Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3141 

February 8, 2007. See Section 1.4(b)(1) 

of the Commission’s rules (47 CFR 

1.4(b)(1)). Replies to an opposition must 

be filed within 10 days after the time for 

filing oppositions have expired. 

Subject: In the Matter of Amendment 

of Section 73.202(b), Table of 

Allotments, FM Broadcast Stations (Port 

Norris, New Jersey, Fruitland, and 

Willards, Maryland, Chester, Lakeside, 

and Warsaw, Virginia) (MB Docket No. 

04–409) (RM–11108) (RM–11234). 

Number of Petitions Filed: 1. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–1020 Filed 1–23–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

[Notice 2007–1] 

Privacy Act of 1974; Systems of 

Records 

AGENCY: Federal Election Commission. 

ACTION: Proposed Notice of Revised 

System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a, the Federal Election 

Commission (‘‘the Commission’’ or ‘‘the 

FEC’’) is publishing for comment a 

revised system of records that is 

maintained by the Commission. The 

system entitled Inspector General 

Investigative Records (FEC 12) has been 

revised to: include additional routine 

uses (3 through 17); expand the list of 

‘‘Categories of records in the system;’’

include additional data elements 

required for systems of records notices, 

including ‘‘Security Classification,’’

‘‘Purpose,’’ ‘‘Disclosure to consumer 

reporting agencies,’’ and ‘‘Exemptions 

claimed for the system;’’ and 

incorporate administrative and 

technical changes that have taken place 

since the last publication of FEC 

systems of records on December 15, 

1997. 62 FR 65694. The minor changes 

include: clarifying the ‘‘System 

location;’’ adding new language to 

explain but not increase the ‘‘Categories 

of individuals covered by the system;’’

clarifying the language for ‘‘Storage;’’

adding new language under 

‘‘Retrievability;’’ expanding the 

‘‘Safeguards;’’ adding language to 

‘‘Retention and disposal;’’ making a 

technical change to the ‘‘System 

manager(s);’’ clarifying the 

‘‘Notification,’’ ‘‘Record access,’’ and 

‘‘Contesting record’’ procedures; and 

updating the ‘‘Record source 

categories.’’ The revised system of 

records should provide improved 

protection for the privacy rights of 

individuals. 

DATES: Comments on the proposed 

revisions to the existing records system, 

must be received no later than February 

23, 2007. The revisions will be effective 

March 5, 2007 unless the Commission 

receives comments that would result in 

a contrary determination. 

ADDRESSES: Comments should be 

addressed in writing to Thomasenia P. 

Duncan, Privacy Act Officer, Federal 

Election Commission, 999 E Street, 

NW., Washington, DC 20463, and must 

be received by close of business on 

February 23, 2007. Comments also may 

be sent via electronic mail to 

Privacy@fec.gov. 

SUPPLEMENTARY INFORMATION: The 

primary purpose for this publication is 

to revise a system of records maintained 

by the FEC. The FEC has undertaken a 

review of its Privacy Act system of 

records, and as a result of this review, 

the FEC proposes to amend the system 

entitled Inspector General Investigative 

Files (FEC 12) to: include additional 

routine uses (3 through 17); expand the 

list of ‘‘Categories of records in the 

system;’’ include additional data 

elements required in a system of 

records, including ‘‘Security 

classification,’’ ‘‘Purpose,’’ ‘‘Disclosure 

to consumer reporting agencies,’’ and 

‘‘Exemptions claimed for the system;’’

and incorporate administrative and 

technical changes that have taken place 

since the last publication. The minor 

changes include: clarifying the ‘‘System 

location;’’ adding new language to 

explain but not increase the ‘‘Categories 

of individuals covered by the system;’’

clarifying the language for ‘‘Storage;’’

adding new language under 

‘‘Retrievability;’’ expanding the 

‘‘Safeguards;’’ adding language to 

‘‘Retention and disposal;’’ making a 

technical change to the ‘‘System 

manager(s);’’ clarifying the 

‘‘Notification,’’ ‘‘Record access,’’ and 

‘‘Contesting record’’ procedures; and 

updating the ‘‘Record source 

categories.’’

As required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, and 

OMB Circular A–130, Appendix I, the 

FEC has submitted a report describing 

the altered system of records covered by 

this notice to the Office of Management 

and Budget and to Congress. 

Dated: January 11, 2007. 

Robert D. Lenhard, 

Chairman, Federal Election Commission. 

Table of Contents 

FEC 12 Inspector General Investigative Files. 

FEC 12 

SYSTEM NAME: 

Inspector General Investigative Files. 

SECURITY CLASSIFICATION: 

Records in this system are sensitive 

but unclassified. 

SYSTEM LOCATION: 

Federal Election Commission, Office 

of the Inspector General (OIG), 999 E 

Street, NW., Washington, DC 20463. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who are the subjects of 

complaints relating to the programs and 

operations of the Commission. Subjects 

include, but are not limited to, current 

and former FEC employees; current and 

former employees of contractors and 

subcontractors in their personal 

capacity, where applicable; and other 

persons whose actions affect the FEC, its 

programs or operations. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Complaints, referrals from other 

agencies, correspondence, investigative 

notes, interviews, statements from 

witnesses, transcripts taken during 

investigation, affidavits, copies of all 

subpoenas issued and responses thereto, 

interrogatories and responses thereto, 

reports, internal staff memoranda, staff 

working papers and other documents 

and records or copies obtained or 

relating to complaints and 

investigations. May include the name, 

address, telephone number, e-mail 

address, employment information, and 

financial records of the subjects. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Inspector General Act Amendments of 

1988, Pub. L. 100–504, amending the 

Inspector General Act of 1978, Pub. L. 

95–452, 5 U.S.C. app. 3. 

PURPOSE(S): 

These records are used to document 

the conduct and outcome of inquiries, 

complaints, and investigations 

concerning allegations of fraud, waste, 

and abuse that affect the FEC. The 

information is used to report the results 

of investigations to FEC management, 

contractors, prosecutors, law 

enforcement agencies, Congress, and 

others for an action deemed appropriate. 

These records are used also to retain 

sufficient information to fulfill reporting 

requirements and to maintain records 

related to the OIG’s activities. 


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3142 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

These records and information 

contained in these records may be 

disclosed as follows: 

1. To the Department of Justice when: 

a. The agency, or any component 

thereof; or 

b. Any employee of the agency in his 

or her official capacity; or 

c. Any employee of the agency in his 

or her individual capacity where the 

Department of Justice has agreed to 

represent the employee; or 

d. The United States, where the 

agency determines that litigation is 

likely to affect the agency or any of its 

components, is a party to litigation or 

has an interest in such litigation, and 

the use of such reports by the 

Department of Justice is deemed by the 

Inspector General, after careful review, 

to be relevant and necessary to the 

litigation, provided, however, that in 

each case the Inspector General 

determines that disclosure of the 

records to the Department of Justice is 

a use of the information contained in 

the records that is compatible with the 

purpose for which the records were 

collected. 

2. To disclose them in a proceeding 

before a court or adjudicative body 

before which the agency is authorized to 

appear when: 

a. The agency, or any component 

thereof; or 

b. Any employee of the agency in his 

or her official capacity; or 

c. Any employee of the agency in his 

or her individual capacity where the 

agency has agreed to represent the 

employee; or 

d. The United States, where the 

agency determines that litigation is 

likely to affect the agency, or any of its 

components, is a party to litigation or 

has an interest in such litigation, and 

the Inspector General determines that, 

after careful review, the use of such 

records is relevant and necessary to the 

litigation, provided, however, that the 

Inspector General determines that 

disclosure of the records is compatible 

with the purpose for which the records 

were collected. 

3. To the appropriate Federal, foreign, 

State, local, tribal, or other public 

authority responsible for enforcing, 

investigating or prosecuting such 

violation or charged with enforcing or 

implementing the statute, rule, 

regulation, or order issued pursuant 

thereto, when information indicates a 

violation or potential violation of law, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute, or 

by regulation, rule, or order issued 

pursuant thereto, if the information 

disclosed is relevant to any 

enforcement, regulatory, investigative or 

prosecutorial responsibility of the 

receiving entity. 

4. To any source or potential source 

from which information is requested in 

the course of an investigation 

concerning the retention of an employee 

or other personnel action (other than 

hiring), or the retention of a security 

clearance, contract, grant, license, or 

other benefit, to the extent necessary to 

identify the individual, inform the 

source of the nature and purpose of the 

investigation, and to identify the type of 

information requested. 

5. To a Federal, State, local, foreign, 

tribal or other public authority of the 

fact that this system of records contains 

information relevant to the retention of 

an employee, the retention of a security 

clearance, the letting of a contract, or 

the issuance or retention of a license, 

grant, or other benefit. The other agency 

or licensing organization may then make 

a request supported by written consent 

of the individual for the entire record if 

it so chooses. No disclosure will be 

made unless the information has been 

determined to be sufficiently reliable to 

support a referral to another office 

within the agency or to another Federal 

agency for criminal, civil, 

administrative, personnel, or regulatory 

action. 

6. To the White House in response to 

an inquiry made at the written request 

of the individual about whom the record 

is maintained. Disclosure will not be 

made until the White House has 

furnished appropriate documentation of 

the individual’s request, such as a copy 

of the individual’s written request. 

7. To a congressional office from the 

record of an individual in response to 

an inquiry from the congressional office 

made at the written request of the 

individual about whom the record is 

maintained. Disclosure will not be made 

until the congressional office has 

furnished appropriate documentation of 

the individual’s request, such as a copy 

of the individual’s written request. 

8. To the National Archives and 

Records Administration or to the 

General Services Administration for 

records management inspections 

conducted under 44 U.S.C. 2903 and 

2904. 

9. To agency or OIG contractors 

(including employees of contractors), 

grantees, experts, or volunteers who 

have been engaged to assist the agency 

or OIG in the performance of a contract, 

service, grant, cooperative agreement, or 

other activity related to this system of 

records and who need to have access to 

the records in order to perform the 

activity for the agency or OIG. 

Recipients shall be required to comply 

with the requirements of the Privacy Act 

of 1974, as amended, 5 U.S.C. 552a. 

10. To an authorized appeal grievance 

examiner, formal complaints examiner, 

equal employment opportunity 

investigator, arbitrator or other person 

properly engaged in investigation or 

settlement of an administrative 

grievance, complaint, claim, or appeal 

filed by an employee or former 

employee, but only to the extent that 

information is relevant and necessary to 

the proceeding. Agencies that may 

obtain information under this routine 

use include, but are not limited to, the 

Office of Personnel Management, Office 

of Special Counsel, Merit Systems 

Protection Board, Federal Labor 

Relations Authority, Equal Employment 

Opportunity Commission, and Office of 

Government Ethics. 

11. To the Office of Personnel 

Management for matters concerned with 

oversight activities (necessary for the 

Office of Personnel Management to 

carry out its legally-authorized 

Government-wide personnel 

management programs and functions) 

and in their role as an investigation 

agency. 

12. To officials of labor organizations 

when relevant and necessary to their 

duties of exclusive representation 

concerning personnel policies, 

practices, and matters affecting work 

conditions. 

13. To agencies, offices, or 

establishments of the executive, 

legislative, or judicial branch of the 

Federal or State government after 

receipt of request and where the records 

or information is relevant and necessary 

to a decision on an employee’s 

disciplinary or other administrative 

action (excluding a decision on hiring). 

The agency will take reasonable steps to 

ensure that the records are timely, 

relevant, accurate, and complete enough 

to assure fairness to the employee 

affected by the disciplinary or 

administrative action. 

14. To debt collection contractors to 

collect debts owed to the Government, 

as authorized under the Debt Collection 

Act of 1982, 31 U.S.C. 3718, and subject 

to the Privacy Act safeguards. 

15. To officials who have been 

engaged to assist the Office of Inspector 

General in the conduct of inquiries, 

complaints, and investigations who 

need to have access to the records in 

order to perform the work. This 

disclosure category includes members of 

the President’s Council on Integrity and 

Efficiency and the Executive Council on 

Integrity and Efficiency, and officials 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3143 

and administrative staff within their 

chain of command. Recipients shall be 

required to comply with the 

requirements of the Privacy Act. 

16. Information may be disclosed to 

officials charged with the responsibility 

to conduct qualitative assessment 

reviews of internal safeguards and 

management procedures employed in 

investigative operations. This disclosure 

category includes members of the 

President’s Council on Integrity and 

Efficiency, Executive Council on 

Integrity and Efficiency, and officials 

and administrative staff within their 

investigative chain of command, as well 

as authorized officials of the Department 

of Justice and the Federal Bureau of 

Investigation. Recipients shall be 

required to comply with the 

requirements of the Privacy Act. 

17. To appropriate agencies, entities, 

and persons when (1) It is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Commission has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Commission or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure is 

made to such agencies, entities, and 

persons who are reasonably necessary to 

assist in connection with the 

Commission’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

We may disclose the record or 

information from this system, pursuant 

to 5 U.S.C. 552a(b)(12), 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, as amended, 31 U.S.C. 3701(a)(3), 

in accordance with section 3711(f) of 

Title 31. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored in both a paper and 

electronic format. 

RETRIEVABILITY: 

The records may be retrieved by the 

name of the subject of the complaint/ 

investigation or by a unique control 

number assigned to each complaint/ 

investigation. 

SAFEGUARDS: 

The records are maintained in limited 

access areas within the building. Access 

is limited to Office of Inspector General 

employees whose official duties require 

access. The paper records and electronic 

information not stored on computers are 

maintained in lockable cabinets in a 

locked room. Information stored on 

computers is on a restricted access 

server located in a locked room. All 

electronic records are protected from 

unauthorized access through 

appropriate administrative, physical, 

and technical safeguards. These 

safeguards include the application of 

appropriate access control mechanisms 

to ensure the confidentiality, integrity, 

and availability of those records are 

only accessed by those with a need to 

know and dictated by their official 

duties. 

RETENTION AND DISPOSAL: 

These records will be maintained 

permanently until disposition authority 

is granted by the National Archives and 

Records Administration. Upon 

approval, the records will be retained in 

accordance with NARA’s schedule and 

disposed of in a secure manner. 

SYSTEM MANAGER(S) AND ADDRESS: 

Inspector General, Federal Election 

Commission, 999 E Street, NW., 

Washington, DC 20463, (202/694–1015). 

NOTIFICATION PROCEDURE: 

A request for notification of the 

existence of records may be made in 

person or in writing to the FEC 

Inspector General, 999 E Street, NW., 

Washington, DC 20463. For additional 

information, refer to the Commission’s 

access regulations at 11 CFR parts 1.1–

1.5, 41 FR 43064 (1976). 

RECORD ACCESS PROCEDURES: 

An individual interested in gaining 

access to a record pertaining to him or 

her may make a request in person or in 

writing to the FEC Inspector General at 

the following address: 999 E Street, 

NW., Washington, DC 20463. For 

additional information, refer to the 

Commission’s access regulations at 11 

CFR parts 1.1–1.5, 41 FR 43064 (1976). 

CONTESTING RECORD PROCEDURES: 

Individuals interested in contesting 

the information contained in their 

records or the denial of access to such 

information should notify the FEC 

Inspector General at the following 

address: 999 E Street, NW., Washington, 

DC, 20463. For additional information, 

refer to the Commission’s regulations for 

contesting initial denials for access to or 

amendment of records, 11 CFR parts 

1.7–1.9, 41 FR 43064 (1976). 

RECORD SOURCE CATEGORIES: 

Complaints, subjects, third parties 

who have been requested to produce 

relevant information, referring agencies, 

and OIG personnel assigned to handle 

complaints/investigations. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

System exempt under 5 U.S.C. 

552a(j)(2) and 5 U.S.C. 552a(k)(2). See 

11 CFR 1.14. 

[FR Doc. E7–955 Filed 1–23–07; 8:45 am] 

BILLING CODE 6715–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on agreements to the Secretary, Federal 

Maritime Commission, Washington, DC 

20573, within ten days of the date this 

notice appears in the Federal Register. 

Copies of agreements are available 

through the Commission’s Office of 

Agreements (202–523–5793 or 

tradeanalysis@fmc.gov). 

Agreement No.: 011654–017. 

Title: Middle East Indian 

Subcontinent Discussion Agreement. 

Parties: A.P. Moller-Maersk A/S; 

China Shipping Navigation Co., Ltd. 

d/b/a Indotrans; CMA CGM S.A.; 

Emirates Shipping Line FZE; HapagLloyd AG; MacAndrews & Company 

Limited; Shipping Corporation of India, 

Ltd.; The National Shipping Company 

of Saudi Arabia; United Arab Shipping 

Company (S.A.G.); and Zim Integrated 

Shipping Services, Ltd. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW., Suite 900; Washington, DC 20036. 

Synopsis: The amendment changes 

China Shipping Navigation Co.’s name 

to Swire Shipping Limited and updates 

that entity’s address. 

Agreement No.: 011985. 

Title: CSAV/NYK ECUS–WCSA Space 

Charter Agreement. 

Parties: Compania Sud Americana de 

Vapores S.A. and Nippon Yusen Kaisha. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW.; Suite 900; Washington, DC 20036. 

Synopsis: The agreement authorizes 

CSAV to charter space to NYK for the 

carriage of motor vehicles on car carriers 

from Baltimore and Miami to ports in 

Chile and Peru through February 15, 

2007. 

Agreement No.: 011986. 

Title: CMA CGM/MARUBA Central 

America to Miami Space Charter 

Agreement. 


pwalker on PROD1PC71 with NOTICES