25904 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

17 15 U.S.C. 78s(b)(2). 

18 17 CFR 200.30–3(a)(12). 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,17 that the 

proposed rule change (SR–NYSE–2010– 

23) be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–10953 Filed 5–7–10; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974; as Amended; 

Proposed Alteration to an Existing 

Privacy Act System of Records, 

Housekeeping Changes, and New 

Routine Uses 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Altered system of records, 

housekeeping changes, 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 alter an existing system of 

records, make housekeeping and other 

miscellaneous changes, and add routine 

uses applicable to our system of records 

entitled the Representative 

Disqualification/Suspension 

Information System (60–0219), 

hereinafter referred to as the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File. 

We propose the following changes: 

• Expand the existing category of 

representatives covered by the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records to 

include persons who allegedly fail to 

meet our qualifications to serve as a 

claimant’s representative. 

• Expand the category of records we 

maintain in the system to include the 

name, Social Security number (SSN), 

date of birth, address, and other relevant 

information about persons who want to 

serve as representatives for our 

claimants. The expanded category will 

also include information about 

representatives, such as the 

representative’s date of birth, SSN, 

representative identification number, 

telephone and facsimile (fax) numbers, 

and e-mail address. 

We will also include the type of 

representative (e.g., attorney, nonattorney, eligible direct pay nonattorney), attorney status (e.g., 

suspended, disqualified, convicted of a 

violation), bar, court, and Federal 

agency program admission information 

(e.g., year admitted, license number, 

present standing, and disciplinary 

history), and employer identification 

number. 

• Expand the record storage medium 

to house records in paper and electronic 

form. 

• Change the system of records name 

from the Representative 

Disqualification/Suspension 

Information System to the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File to more accurately 

reflect the persons and representatives 

covered by the system of records. 

• Add new routine uses 2–4, 6, and 

8–10 to allow us to release information 

about persons who allegedly fail to meet 

our qualifications to serve as a 

claimant’s representative, 

representatives whom we have 

disqualified or suspended from 

representing claimants and beneficiaries 

before us, and pursue the investigation 

of, and litigation against, representatives 

alleged to have violated the provisions 

of the Social Security Act or our 

regulations. We are also adding our data 

protection routine use to the system of 

records. The routine use, listed as 

number 12 in this system of records, 

will allow us to respond to incidents 

involving the unintentional release of 

our records. 

• Make edits throughout the 

document to ensure a more readerfriendly document and correct 

miscellaneous and stylistic format 

errors. 

We discuss the system of records, 

housekeeping changes, and new routine 

uses in the Supplementary Information 

section below. We invite public 

comments on this proposal. 

DATES: We filed a report of the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records and 

new 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 Director, 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), on April 29, 2010. The 

altered Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records and 

new routine uses will become effective 

on June 7, 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: 

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, 3–A–6 Operations 

Building, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401, 

telephone: (410) 965–8563 or e-mail: 

chris.w.johnson@ssa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File System of Records 

A. General Background 

The Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records 

allows us to collect, maintain, and use 

information about persons who fail to 

meet our qualifications to serve as 

representatives for our claimants and 

beneficiaries, representatives about 

whom we have received complaints 

alleging that they have violated the 

provisions of the Social Security Act or 

regulations, and representatives who we 

have disqualified or suspended from 

representing claimants and beneficiaries 

in matters before us. 

We require the information covered 

by this system of records to efficiently 

administer the disqualified or 

suspended representative business 

process. For example, the information 

enables us to identify and monitor 

persons who fail to meet the criteria to 

represent our claimants and 

beneficiaries, determine whether a 

violation has occurred, investigate 

alleged violations, and administratively 

prosecute disciplinary actions against 

representatives, in a more efficient and 

timely manner. 

B. Discussion of Representative 

Disqualification, Suspension, and NonRecognition Information File System of 

Records 

The proposed alteration will 

significantly strengthen the disqualified 


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and suspended representative business 

process. The alteration brings together 

key information that will not only 

increase our communication and 

response efficiency, it will also improve 

accuracy and efficiency in the way we 

administer the overall disqualified and 

suspended representative process. 

C. Discussion of New Routine Uses 

New routine uses 2–4, 6, and 8–10 

will enhance our ability to investigate 

and administratively prosecute 

disciplinary actions against 

representatives whom we suspect have 

violated the Social Security Act or 

regulations. The routine uses will also 

expand our ability to inform members of 

the public and other interested parties 

that we have disqualified or suspended 

a representative, or not recognized a 

person as a claimant’s representative. 

New data protection routine use 

number 12 will allow us to disclose 

information in connection with 

response and remediation efforts in the 

event of 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).) 

Accordingly, we are establishing 

routine uses 2–4, 6, 8–10, and 12 in the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records: 

2. To a Federal court, State court, 

administrative tribunal, or bar 

disciplinary authority in the Federal 

jurisdiction(s) or State(s) in which an 

attorney is admitted to practice that we 

have disqualified or suspended the 

attorney from representing claimants or 

beneficiaries before us, and the basis for 

our action. 

We will disclose information under 

this routine use to Federal and State 

entities for the purpose of, and to the 

extent necessary, to inform the entity 

about the status of, and infractions 

against, attorneys that we have 

prohibited from representing our 

claimants and beneficiaries. We may 

also disclose information under this 

routine use for the purpose of assisting 

the entity to carry out its own 

investigative and administrative actions. 

3. To an official or employee of a 

Federal, State, or local agency that we 

have disqualified or suspended a 

representative from representing 

claimants and beneficiaries before us, 

and the basis for our action in order to 

permit that agency to perform its official 

duties related to representation of 

parties before that agency. 

We will disclose information under 

this routine use to a Federal, State, or 

local entity for the purpose of, and to 

the extent necessary, to inform the 

entity about the status of, and 

infractions against, representatives that 

we have prohibited from representing 

our claimants. We may also disclose 

information under this routine use for 

the purpose of enabling the entity to 

determine whether to take independent 

action. 

4. To any person or entity from which 

we need information to pursue the 

investigation or litigation of any action 

against a representative, to the extent 

necessary to identify the representative 

about whom the record is maintained, 

inform the person or entity of the 

purpose(s) of the request, and identify 

the type of information needed. 

We will disclose information under 

this routine use to any person or entity 

for the purpose of, and to the extent 

necessary, to identify the representative 

of record, explain the purpose of our 

request, and identify the type of 

information we need to facilitate our 

investigation of, or litigation against, the 

representative. 

6. To the Department of Justice, the 

Federal Bureau of Investigation, Offices 

of United States Attorneys, and other 

Federal law enforcement agencies, for 

investigation and potential prosecution 

of violations of the Social Security Act. 

We will disclose information under 

this routine use to the above Federal 

entities for the purpose of, and to the 

extent necessary, to effectively represent 

us in matters concerning violations of 

the Social Security Act. 

8. To the public via our Internet Web 

site located at http:// 

www.socialsecurity.gov that we have 

disqualified or suspended a 

representative from representation 

before us, or not recognized a person as 

a claimant’s representative. 

We will disclose certain information 

under this routine use to the public for 

the purpose of informing the public 

about persons and representatives not 

authorized to represent claimants before 

us. We disclose this type information to 

allow the public to make more informed 

decisions about potential 

representatives and to prevent ineligible 

representatives from representing our 

claimants. 

9. To persons, groups, organizations, 

or government entities that routinely 

refer potential claimants or beneficiaries 

to attorneys or persons other than 

attorneys for the purpose of putting 

such persons, groups, organizations, or 

government entities on notice that we 

have disqualified or suspended a 

representative from representation 

before us, or not recognized a person as 

a claimant’s representative. 

We will disclose information under 

this routine use to persons, groups, 

organizations, or government entities for 

the purpose of, and to the extent 

necessary, to inform them about the 

status of, and infractions against, 

representatives that we have prohibited 

from representing our claimants. We 

disclose information under this routine 

use for the purpose of ensuring that only 

qualified persons and representatives 

are referred to our claimants and 

beneficiaries. 

10. To any person or entity with 

whom the representative is affiliated or 

has indicated that he or she wants to be 

affiliated in representing claimants 

before us, for notifying them that we 

have disqualified or suspended the 

affiliated or potentially affiliated 

representative from representation 

before us, or not recognized that person 

as a claimant’s representative. 

We will disclose information under 

this routine use to current and 

prospective affiliations of the 

representative for the purpose of, and 

extent necessary, to convey that the 

representative has lost the privilege to 

represent our claimants or failed to meet 

our criteria to be recognized as a 

claimant’s representative. 

12. 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 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 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 


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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. 

II. Compatibility of Proposed Routine 

Uses 

New routine uses 2–4, 6, and 8–10 

will allow us to release information 

about representatives whom we have 

disqualified or suspended from 

representing claimants and persons we 

have not recognized as a claimant’s 

representative. The routine uses will 

also improve our ability to investigate 

and administratively prosecute actions 

against representatives whom we 

suspect have violated the Social 

Security Act or our regulations. In 

accordance with the Privacy Act (5 

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

disclosure regulations (20 CFR part 

401), we can disclose information 

maintained in a system of records 

pursuant to a published routine use 

when the use is compatible with the 

purpose for which we collected the 

information. These routine uses meet 

the relevant regulatory criteria. 

New data protection routine use 

number 12 will allow us to respond to 

incidents involving the unintentional 

release of our records. As mandated by 

OMB and recommended by the 

President’s Identity Theft Task Force, 

and in accordance with the Privacy Act 

and our disclosure regulations, we are 

permitted to release information under 

a published routine use for a compatible 

purpose. Section 401.120 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 w ith 

taking appropriate steps to protect 

information entrusted to us. See 5 

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

III. Records Storage Medium and 

Safeguards for the Information Covered 

by the Representative Disqualification, 

Suspension, and Non-Recognition 

Information File System of Records 

We will maintain, in paper and 

electronic form, information covered by 

the Representative Disqualification, 

Suspension, and Non-Recognition 

Information 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 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information 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 our 

employees and contractors with 

appropriate security awareness 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. 

IV. Effects of the Representative 

Disqualification, Suspension, and NonRecognition Information File System of 

Records and Routine Use Disclosures 

on the Rights of Individuals 

A. Discussion Relating to the Alteration 

We propose altering the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records as 

part of our responsibilities in continuing 

to expand our business processes and 

protecting our claimants. 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 

or representatives covered by the system 

of records. 

B. Discussion Relating to the New 

Routine Uses 

The new routine uses will enable us 

to investigate and take action against 

disqualified or suspended 

representatives, expand our ability to 

inform members of the public and other 

interested parties that we have 

disqualified, suspended, or not 

recognized a person as a claimant’s 

representative, and serve to protect the 

interests of representatives whose 

information could be at risk. As a result, 

we do not anticipate that the new 

routine uses will have any adverse effect 

on the rights of persons or 

representatives whose data might be 

disclosed. 

V. Housekeeping and Other 

Miscellaneous Changes in the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File System of Records 

We are making housekeeping changes 

that include changing the system of 

records name from Representative 

Disqualification/Suspension 

Information System to the 

Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records to 

more accurately reflect the persons and 

representatives covered by the system. 

The changes also include editing 

throughout the document to ensure a 

more reader-friendly document and 

correcting miscellaneous and stylistic 

format errors. 

Dated: April 29, 2010. 

Michael J. Astrue, 

Commissioner. 

Social Security Administration 

Notice of System of Records; Required 

by the Privacy Act of 1974; as Amended 

SYSTEM NUMBER: 

60–0219. 

SYSTEM NAME: 

Representative Disqualification, 

Suspension and Non-Recognition 

Information File, Social Security 

Administration, Office of the General 

Counsel. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Social Security Administration, Office 

of the General Counsel, Office of 

General Law, 6401 Security Boulevard, 

Room 617 Altmeyer Building, Baltimore 

MD 21235, and Regional Chief Counsels 

Offices as follows: 

OGC Boston, Room 625, JFK Federal 

Building, Boston, MA 02203. 

OGC New York, 26 Federal Plaza, 

Room 3904, New York, NY 10278. 

OGC Philadelphia, 300 Spring Garden 

Street, 6th Floor, Philadelphia, PA 

19123. 

OGC Atlanta, Atlanta Federal Center, 

61 Forsyth Street SW., Suite 20T45, 

Atlanta, GA 30303. 

OGC Chicago, 200 W. Adams Street, 

30th Floor, Chicago, IL 60606. 

OGC Dallas, 1301 Young Street, Room 

A–702, Dallas, TX 75202–5433. 

OGC Kansas City, 601 East 12th 

Street, Room 965, Federal Office 

Building, Kansas City, MO 64106. 


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OGC Denver, 1961 Stout Street, 

Federal Office Building, 10th Floor, 

Denver, CO 80294. 

OGC San Francisco, 333 Market 

Street, Suite 1500, San Francisco, CA 

94105–2116. 

OGC Seattle, 701 Fifth Avenue, Suite 

2900 M/S 901, Seattle, WA 98104–7075. 

CATEGORIES OF PERSONS COVERED BY THE

SYSTEM: 

This system covers persons who 

allegedly fail to meet our qualifications 

to serve as a claimant’s representative, 

as provided by the Social Security Act 

or regulations relating to representation 

of claimants and beneficiaries before us. 

It includes representatives alleged to 

have violated the provisions of the 

Social Security Act or our regulations 

relating to representation of claimants 

and beneficiaries, representatives whom 

we have found to have committed such 

violations and have disqualified or 

suspended, and representatives we have 

investigated, but have not disqualified 

or suspended because we resolved the 

matter without an action to disqualify or 

suspend the representative or because 

we found that a violation did not occur. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

As applicable, the system will contain 

information about persons seeking to 

represent our claimants as well as 

representatives who have represented 

claimants and beneficiaries before us. 

For example, we collect name, date of 

birth, Social Security number (SSN), 

representative identification number, 

home or business address(es), telephone 

and facsimile (fax) numbers, e-mail 

address, and type of representative (e.g., 

attorney, non-attorney, eligible direct 

pay non-attorney). 

The system will also contain 

information about the representative’s 

legal standing and business affiliations. 

For example, we collect status of the 

representative (e.g., suspended, 

disqualified), bar, court, and Federal 

program or agency admission 

information (e.g., year admitted, license 

number, present standing, and 

disciplinary history), copies of all 

documentation resulting from our 

investigation and actions taken due to 

violations of the Social Security Act and 

regulations relating to the 

representative, and employer 

identification number. The system will 

also maintain relevant claimant and 

beneficiary information. 

The following are examples of 

information covered by this system of 

records relating to the representation of 

claimants and beneficiaries: 

Documentation resulting from our 

investigation or actions taken due to 

violations of the Social Security Act or 

our regulations; Documentation relating 

to any request for recognition or 

reinstatement that a non-recognized 

person or disqualified or suspended 

representative files with us; 

documentation pertaining to hearings 

on charges of alleged violations of the 

Social Security Act or our regulations; 

and representation attestations made 

and information provided on our paper 

and electronic forms. 

The system may also contain 

documentation pertaining to Appeals 

Council reviews of the decisions 

rendered in hearings on charges of 

violations of the Social Security Act or 

our regulations, or of requests for 

reinstatement to practice as a claimant’s 

representative before us; copies of 

notifications of a representative’s 

disqualification or suspension or a 

person’s non-recognition; 

documentation pertaining to any legal 

or administrative action that a 

disqualified or suspended 

representative, or non-recognized 

person brings against us; and 

documentation of any disclosures made 

pursuant to the routine uses in this 

system of records. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Sections 206(a) and 1631(d)(2) of the 

Social Security Act (42 U.S.C. 406(a) 

and 1383(d)(2)). 

PURPOSE(S): 

The Representative Disqualification, 

Suspension, and Non-Recognition 

Information File system of records 

provides us real-time access to 

information key to decisionmaking in 

the disqualified or suspended 

representative business process. For 

example, the records provide timely 

access to information we need to make 

decisions about whether persons meet 

our qualifications to serve as a 

claimant’s representative and whether 

violations of the provisions of the Social 

Security Act or regulations relating to 

representation have previously 

occurred. 

The records also enable us to more 

efficiently investigate alleged 

administrative or criminal violations; 

take action against representatives; 

respond to the Appeals Council when a 

representative has requested 

reinstatement; provide detailed notice 

of, and information on, cases in which 

we have disqualified or suspended a 

representative; and assist the 

Department of Justice in Federal court 

litigation, including that which relates 

to our decision to disqualify or suspend 

a representative or not recognize a 

person as a claimant’s representative. 

ROUTINE USES OF RECORDS COVERED BY THE

REPRESENTATIVE DISQUALIFICATION, 

SUSPENSION, AND NON-RECOGNITION

INFORMATION FILE SYSTEM OF RECORDS SYSTEM, 

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 applicants for benefits or 

payments, claimants, and beneficiaries 

to inform them that we have 

disqualified or suspended the 

representative from further 

representation before us or that the 

person was not recognized as a 

representative, and the basis for our 

action. 

2. To a Federal court, State court, 

administrative tribunal, or bar 

disciplinary authority in the Federal 

jurisdiction(s) or State(s) in which an 

attorney is admitted to practice that we 

have disqualified or suspended the 

attorney from representing claimants or 

beneficiaries before us and the basis for 

our action. 

3. To an official or employee of a 

Federal, State, or local agency that we 

have disqualified or suspended a 

claimant’s representative from 

representing claimants and beneficiaries 

before us, and the basis for our action 

in order to permit that agency to 

perform its official duties related to 

representation of parties before that 

agency. 

4. To any person or entity from which 

we need information to pursue the 

investigation or litigation of any action 

against a representative, to the extent 

necessary to identify the representative 

about whom the record is maintained, 

inform the person or entity of the 

purpose(s) of the request, and identify 

the type of information needed. 

5. To the Department of Justice (DOJ), 

a court, other tribunal, or another party 

before such court or tribunal when: 

(a) SSA or any of our components; 

(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 


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by DOJ, the 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, the Federal Bureau of 

Investigation, Offices of United States 

Attorneys, and other Federal law 

enforcement agencies, for investigation 

and potential prosecution of violations 

of the Social Security Act. 

7. 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. 

8. To the public via our Internet Web 

site located at http:// 

www.socialsecurity.gov that we have 

disqualified or suspended a 

representative from representation 

before us, or not recognized a person as 

a claimant’s representative. 

9. To persons, groups, organizations, 

or government entities that routinely 

refer potential claimants or beneficiaries 

to attorneys or persons other than 

attorneys for the purpose of putting 

such persons, groups, organizations or 

government entities on notice that we 

have disqualified or suspended a 

representative from representation 

before us, or not recognized a person as 

a claimant’s representative. 

10. To any person or entity with 

whom the representative is affiliated or 

has indicated that he or she wants to be 

affiliated in representing claimants 

before us, notice that we have 

disqualified or suspended the affiliated 

or potentially affiliated representative 

from representation before us, or not 

recognized that person as a claimant’s 

representative. 

11. 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. 

12. 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 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. 

13. 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. 

14. 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. 

15. 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, and 

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. 

16. To contractors and other Federal 

agencies, as necessary, for the purpose 

of assisting us in the efficient 

administration of our programs. We will 

disclose information under the 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. 

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 representative’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 

authorized personnel who have a need 

for the information in the performance 

of their official duties. We annually 

provide all of our employees and 

contractors with appropriate security 

awareness 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)(l). 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 retain for 25 years records about 

the non-recognition of a person, the 

disqualification or suspension of a 

representative, and the investigation of 

representatives that we did not suspend 

or disqualify because we were able to 

resolve the matter without a 

disqualification or suspension. We will 

maintain for 2 years from the date of 

closure those records that indicate we 

investigated a representative, but did 

not disqualify or suspend the 

representative because we found that a 

violation did not occur. We will erase or 

destroy records in electronic form and 

shred records in paper form. 

SYSTEM MANAGER(S) AND ADDRESS(ES): 

Associate General Counsel for General 

Law, Office of the General Counsel, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, MD 

21235. Regional Chief Counsels (see 

addresses in the System Location 

section of this notice). 

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 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25909 

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 

to which notification is being requested. 

If we determine that the identifying 

information the person provides by 

telephone is insufficient, the person will 

be required 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 telephone 

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 (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 our regulations (20 

CFR 401.40(c)). 

CONTESTING RECORD PROCEDURES: 

Same as notification procedures. 

Requesters 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 our 

regulations (20 CFR 401.65(a)). 

RECORD SOURCE CATEGORIES: 

We obtain information covered by this 

system of records from existing records 

we maintain (e.g., the Claims Folder 

System, 60–0089), which contain 

information relating to the 

representation of claimants before us. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2010–10668 Filed 5–7–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice 6992; OMB Control Number 

1405–0091] 

60-Day Notice of Proposed Information 

Collection: Form DS–117, Application 

To Determine Returning Resident 

Status 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Application to Determine Returning 

Resident Status. 

• OMB Control Number: 1405–0091. 

• Type of Request: Extension of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Consular Affairs, Department of State 

(CA/VO). 

• Form Number: DS–117. 

• Respondents: Aliens applying for 

special immigrant classification as a 

returning resident. 

• Estimated Number of Respondents: 

875 per year. 

• Estimated Number of Responses: 

875. 

• Average Hours per Response: 30 

minutes. 

• Total Estimated Burden: 438 hours 

per year. 

• Frequency: Once per respondent. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

DATES: The Department will accept 

comments from the public up to 60 days 

from May 10, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: VisaRegs@state.gov (Subject 

line must read DS–117 Reauthorization). 

• Mail (paper, disk, or CD–ROM 

submissions): Chief, Legislation and 

Regulation Division, Visa Services—DS– 

0117 Reauthorization, 2401 E Street, 

NW., Washington, DC 20520–30106. 

• Fax: (202) 663–3898. 

You must include the DS form 

number (if applicable), information 

collection title, and OMB control 

number in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Lauren Prosnik of the Office of Visa 

Services, U.S. Department of State, 2401 

E Street, NW., L–603, Washington, DC 

20522, who may be reached at (202) 

663–2951. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of proposed collection: Form 

DS–117 is used by consular officers to 

determine the eligibility of an alien 

applicant for special immigrant status as 

a returning resident. 

Methodology: Information will be 

collected by mail. 

Dated: April 19, 2010. 

Edward J. Ramotowski, 

Acting Deputy Assistant Secretary, Bureau 

of Consular Affairs, Department of State. 

[FR Doc. 2010–11020 Filed 5–7–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF STATE 

[Public Notice 6991] 

60-Day Notice of Proposed Information 

Collection: Form DS–156K, 

Nonimmigrant Fiance ́(e) Visa 

Application, OMB Control Number 

1405–0096 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Nonimmigrant Fiance ́(e) Visa 

Application. 

• OMB Control Number: 1405–0096. 

• Type of Request: Extension of a 

Currently Approved Collection. 


jlentini on DSKJ8SOYB1PROD with NOTICES