Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-060 Homeport System of Records, 74747-74749 [2014-29354]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74747-74749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29354]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0072]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard--060 Homeport System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard Homeport System of Records.'' This 
system of records allows the Department of Homeland Security/United 
States Coast Guard to validate the suitability and identify the 
eligibility of those who request permission and/or have access to the 
system. As a result of the biennial review of this system, the system 
manager and address category has been updated. Additionally, this 
notice includes non-substantive changes to simplify the formatting and 
text of the previously published notice. This updated system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Submit comments on or before January 15, 2015. This updated 
system will be effective January 15, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0072 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Marilyn Scott-Perez (202) 475-3515, Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/United States Coast Guard-060 Homeport System of Records. The 
collection and maintenance of this information will assist DHS/USCG in 
meeting its maritime security requirements under the Maritime 
Transportation Security Act (MTSA) of 2002. As a result of a biennial 
review of the system, the system manager and address category has been 
updated to include the new office symbol, and mail stop.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-060 Homeport System of Records may be shared 
with other DHS components that have a need to know the information to 
carry out their national security, law enforcement, immigration, 
intelligence, or other homeland security functions. In addition, 
information may be shared with appropriate federal, state, local, 
tribal, territorial, foreign, or international government agencies 
consistent with the routine uses set forth in this system of records 
notice. This updated system will be included in DHS's inventory of 
record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/USCG-060 Homeport System of 
Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records

Department of Homeland Security (DHS)/USCG -060

System name:
    DHS/USCG-060 Homeport System of Records.

[[Page 74748]]

Security classification:
    Classified, sensitive, and unclassified

System location:
    Records are maintained at the United States Coast Guard 
Headquarters in Washington, DC, the USCG Operations Systems Center, 600 
Coast Guard Drive, Kearneysville, WV, and field offices. Homeport is 
the information technology (IT) system in which records associated with 
this function are maintained.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    Representatives of the maritime industry, such as: Members of Area 
Maritime Security Committees (AMSC); National Harbor Safety Committees 
and Environmental Committees (NHSCEC); and other entities regulated 
under the Maritime Transportation Security Act (MTSA).
    Federal, State and local government agency members involved in 
maritime safety, security, and environmental protection missions. These 
persons may complete on-line forms and/or request an account to provide 
the information required by the USCG, access sensitive but unclassified 
information, and participate in collaboration communities.
    Individuals for whom background screening will be conducted for the 
purpose of facilitating the establishment of AMSC membership and to 
inform owners, operators, and security officers of MTSA regulated 
entities of the names of persons who have passed the background 
screening including, but not limited to Owners and Operators and their 
employees, and non-employees who require regular access privileges to 
such regulated vessels and facilities, as well as many credentialed 
merchant mariners.

Categories of records in the system:
    To participate in the Homeport portal for information dissemination 
and collection, the following information may be included in this 
record system:
     Full name;
     Complete address;
     Country;
     Company or organization name;
     Work phone;
     Mobile phone;
     24 hour contact phone;
     Fax;
     Pager;
     Email address;
     Alternate email address; and
     Referral full name/work and cell phone/email address.
    For USCG active duty and civilian personnel, the following fields 
are pre-populated using data from the Direct Access system, the USCG's 
enterprise human resource system:
     Employee ID;
     Billet control number;
     Government Service Grade or Military Rate/Rank; and
     Position number.
    For purposes of establishing AMSC membership, the following 
information will be included in accordance with 33 CFR 103.305 
``Composition of an Area Maritime Security (AMS) Committee:''
     Full name;
     Date of birth; and
     Alien identification number (if applicable).
    For purposes of establishing Transportation Worker Identification 
Credential (TWIC) New Hire query, the following information will be 
included in accordance with Navigation and Vessel Inspection Circulars 
(NVIC) 03-07:
     Full name; and
     Social Security number (last 4 digits only) should it be 
provided (not required).

Authority for maintenance of the system:
    46 U.S.C. 3717; 46 U.S.C. 12501; 44 U.S.C. 3507; 33 U.S.C. 1223; 50 
U.S.C. 191; 14 U.S.C. 93(a)(6); and 33 CFR part 125.

Purpose(s):
    The Homeport system is an enterprise tool that facilitates 
compliance with the requirements set forth in the Maritime 
Transportation Security Act (MTSA) of 2002, by providing secure 
information dissemination, advanced collaboration, electronic 
submission and approval for vessel and facility security plans, and 
complex electronic and telecommunication notification capabilities. The 
collection of personally identifiable information concerning those with 
access to the Homeport system allows the USCG to validate the 
suitability and identify the eligibility of those who request 
permission and/or have access to the system.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
United States Attorneys, or other federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.

[[Page 74749]]

    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    USCG stores Homeport information electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, or digital media.

Retrievability:
    USCG retrieves homeport records by first name, last name, city, 
state, Captain of the Port Zone, vessel role, facility role, committee 
membership, vessel association, case identification number, or facility 
association.

Safeguards:
    USCG safeguards Homeport records in accordance with applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCG imposes strict safeguards to 
minimize the risk of compromising the information stored in Homeport. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    In accordance with NARA disposition Authority Number N1-026-06-06, 
records of registration information are destroyed upon account 
termination. Maritime personnel screening data is destroyed after two 
years. Response-associated information, such as personal data needed 
for search and rescue purposes, is destroyed 120 days following 
completion of response operations.

System Manager and address:
    Commandant (CG-633), United States Coast Guard, Mail Stop 7710, 
Washington, DC 20593-0001.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Commandant (CG-611), United 
States Coast Guard, Mail Stop 7710, Washington, DC 20593. If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained by registered users; the general public (if 
completing an on-line form during marine casualty incidents or natural 
disasters); individuals who are authorized to have access to maritime 
facilities; government agencies; and USCG personnel.

Exemptions claimed for the system:
    None.

    Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-29354 Filed 12-15-14; 8:45 am]
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