Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-030 Merchant Seamen's Records System of Records, 30308-30311 [E9-14911]
Download as PDF
<![CDATA[
30308
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
case number, USCG unit entering data
or incident location.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated and paper
systems security and access policies.
Strict controls have been imposed to
minimize the risk of compromising the
information that is being stored. Access
to the computer system and paper files
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:
Records are retained indefinitely
because the records schedules are
currently pending. A copy of this
system has been transferred to the
National Archives and Records
Administration permanent records
collection. The following records
schedule has been proposed:
A. Notifications associated with a
Case or Activity are considered
historically important and so are
maintained permanently by the National
Archives. USCG will transfer the
records to the National Archives at least
every five years after the close of a case
or activity. In some cases, information
may transferred prior to the five years.
B. Notifications not associated with a
Case or Activity are maintained for five
years and then destroyed or deleted.
Information collected by MISLE is
stored for a minimum of five years after
the record is created, after which the
information will be retained, archived
or destroyed in accordance with the
MISLE Records Schedule approved by
the National Archives and Records
Administration. All system hardware
and data is stored at OSC, Kearneysville,
WV. Backups are performed daily.
Copies of backups are stored at an offsite location.
SYSTEM MANAGER AND ADDRESS:
sroberts on PROD1PC70 with NOTICES
United States Coast Guard, Operations
Systems Management Division, CG–635,
2100 2nd Street, SW., Washington, DC
20593–0001; Boating Safety Division,
CG–5422; United States Coast Guard
National Vessel Documentation Center,
792 T J Jackson Drive, Falling Waters,
WV 25419.
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
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
request in writing to USCG,
Commandant (CG–611), 2100 2nd St.,
SW., Attn: FOIA Coordinator,
Washington, DC 20593–0001. Specific
FOIA contact information can be found
at https://www.dhs.gov/foia under
‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
USCG 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 subscribed to pursuant
to 28 U.S.C. 1746, a law that permits
statements to be made under penalty or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose form
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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 this bulleted information the
USCG 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:
All information entered into the
MISLE is gathered from USCG boarding,
USCG inspections, and USCG
documentation offices, vessel notice of
arrival reports in the course of normal
routine business. This information is
gathered from the owners, operators,
crew members, agents, passengers,
witnesses, other government agencies
and United States Coast Guard
personnel.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system from
subsections (c)(3) and (4); (d); (e)(1), (2),
(3), (5), and (8); and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). In
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
additional, the Secretary of Homeland
Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer,
Department of Homeland Security.
[FR Doc. E9–14906 Filed 6–24–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0016]
Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—030 Merchant Seamen’s
Records System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
system DOT/CG 589 United States
Merchant Seamen’s Records, April 11,
2000, as a Department of Homeland
Security system of records notice titled
DHS/USCG—030 United States
Merchant Seamen’s Records. The
Department of Homeland Security uses
DHS/USCG—030 United States
Merchant Seamen’s Records to
administer the Commercial Vessel
Safety Program and to determine
domestic and international qualification
for the issuance of licenses, documents,
and staff officer certifications.
Categories of individuals, categories of
records, and the routine uses of this
legacy system of records notice have
been reviewed and updated to better
reflect the United States Merchant
Seamen’s Records system. Additionally,
DHS is issuing a Notice of Proposed
Rulemaking (NPRM) concurrent with
this SORN elsewhere in the Federal
Register. The exemptions for the legacy
system of records notices will continue
to be applicable until the final rule for
this SORN has been completed. This
new system will be included in the
Department of Homeland Security’s
inventory of record systems.
E:\FR\FM\25JNN1.SGM
25JNN1
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
DATES: Written comments must be
submitted on or before July 27, 2009.
This new system will be effective July
27, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0016] by one of the following
methods:
• Federal e-Rulemaking Portal: http:
//www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–3099.
• Mail: Mary Ellen Callahan, 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 and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: David
Roberts (202–475–3521), Privacy
Officer, United States Coast Guard. For
privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with NOTICES
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–306, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS)/United States Coast Guard
(USCG) has relied on previous Privacy
Act systems of records notices for the
collection maintenance of records that
concern the United States Merchant
Seamen’s Records system of records.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a DHS/USCG
system of records under the Privacy Act
(5 U.S.C. 552a) that deals with United
States Merchant Seamen’s Records
program management. The collection
and maintenance of this information
will assist DHS/USCG in meeting its
obligation to administer the United
States Merchant Seamen’s Records
program.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
records notices, DHS/USCG is giving
notice that it proposes to update and
reissue the following legacy record
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
system DOT/CG 589 United States
Merchant Seamen’s Records (65 FR
19476 April 11, 2000) as a DHS/USCG
system of records notice titled, DHS/
USCG—030 United States Merchant
Seamen’s Records. The DHS/USCG—
030 United States Merchant Seamen’s
Records system is the USCG’s
information system that administers the
Commercial Vessel Safety Program to
determine domestic and international
qualifications for the issuance of
licenses, documents, and staff officer
certifications. Categories of individuals,
categories of records, and the routine
uses for this legacy system of records
notice have been reviewed and updated
to better reflect the United States
Merchant Seamen’s Records record
system. This new system will be
included in DHS’s inventory of record
systems. Additionally, DHS is issuing a
Notice of Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in
the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this SORN has been
completed. This new system will be
included in the Department of
Homeland Security’s inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates 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
for 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
30309
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
United States Merchant Seamen’s
Records System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM OF RECORDS
DHS/USCG–030
SYSTEM NAME:
DHS/USCG—030 United States
Merchant Seamen’s Records
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the
National Maritime Center in
Martinsburg, WV, the USCG
Headquarters in Washington, DC, the
USCG Operations Systems Center in
Kearneysville, WV, and in Regional
Examination Centers. Archived records
are located at the regional Federal
Records Centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include all current and
former United States Merchant Seamen,
as well as applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Full name (including maiden name,
if applicable);
• Employee identification number;
• Mailing address;
• Date and place of birth;
• Phone number(s), include home,
work, fax;
• E-mail Address;
• Next of Kin’s Name, mailing
address, phone number and email
address;
• Country of citizenship;
• Social Security number;
• Color of eyes, hair, weight and
height;
• Type of license or certificate for
which the individual is applying;
• Shipping articles;
• Log books;
• Seamen’s license records;
• Seamen’s biometrics including
photographs and fingerprint records;
• Disciplinary records;
• Security records;
• Current state of application,
including granted or denied with place
and date of issuance;
E:\FR\FM\25JNN1.SGM
25JNN1
30310
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
• Information related to narcotics,
drinking while under the influence, and
conviction records; and
• Character references, including full
name, contact information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C.
2103, 7302, 7305, 7314, 7316, 7319,
7502, 7701, 8701; 46 CFR 12.02–25; 49
CFR 1.45, 1.46.
PURPOSE(S):
The principle purpose of this system
is to administer the Commercial Vessel
Safety Program to determine domestic
and international qualifications for the
issuance of licenses, documents, and
staff officer certifications. This includes
establishing eligibility of a merchant
mariner’s document, duplicate
documents, or additional endorsements
issued by the Coast Guard and
establishing and maintaining
continuous records of the persons
documentation transactions.
sroberts on PROD1PC70 with NOTICES
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 of 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
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body when it is
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 of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
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 or other Federal
government agencies pursuant to
VerDate Nov<24>2008
16:25 Jun 24, 2009
Jkt 217001
records management inspections being
conducted under the authority of 44
U.S.C. 3004 and 3006.
D. To an agency, organization, or
individual 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. The Department 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 DHS or another agency or
entity) or harm to the individual who
relies 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.
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, where 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 private organizations when
considered beneficial to the seaman.
I. To other Federal Agencies, such as
the Veteran’s Administration, the Social
Security Administration, the Internal
Revenue Service, in connection with
benefits and services administered by
those agencies.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
J. 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.
K. To designated officers and
employees of Federal, State, local or
international agencies in connection
with the hiring or continued
employment of an individual, the
conduct of a suitability or security
investigation of an individual, the grant,
renewal, suspension, or revocation of a
security clearance, or the certification of
security clearances, to the extent that
DHS determines the information is
relevant and necessary to the hiring
agency’s decision.
L. To the Maritime Administration for
the purpose of merchant mariner callups related to national security.
M. To the U.S. Navy for the purpose
of verifying the credential status of Navy
personnel.
N. 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:
Disclosures pursuant to 5
U.S.C552a(b)(12) may be made from this
system to ‘‘consumer reporting
agencies,’’ as defined in the Fair Credit
Reporting Act (15 U.S. C. 1681a(f)) or
Federal Claims Collection Act of 1982
(31 U.S.C 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper files are stored at a secure,
controlled access site managed by either
Coast Guard personnel or contract
personnel with oversight from Coast
Guard personnel. Electronic records are
stored on a secure database server at the
Coast Guard Operation Systems Center.
E:\FR\FM\25JNN1.SGM
25JNN1
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
Inactive records are stored by the
National Archives and Records
Administration at that agency’s Federal
Records Centers facilities.
RETRIEVABILITY:
Information is retrieved by
individual’s name and identifying
number (e.g. Social Security, MMLD
assigned system number or Continuous
Discharge Book number) .
SAFEGUARDS:
Electronic records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. 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.
Paper records related to issuance of
Merchant Mariners’ Licenses and
Documents (MMLD) are located in Coast
Guard Regional Examination Centers or
the National Maritime Center in locked
file cabinets. Access to records is
limited to personnel requiring access for
their jobs.
Paper records related to issuance of
Merchant Mariner Licenses and
Documents are held on site for five
years past the last activity with the file.
After that time they are then transferred
to the Washington National Records
Center in Suitland, MD. As disposition
is pending on this system contingent on
NARA approval, records are maintained
indefinitely.
SYSTEM MANAGER AND ADDRESS:
United States Coast Guard, National
Maritime Center, NMC–4, 100 Forbes
Drive, Martinsburg, WV 25404.
sroberts on PROD1PC70 with NOTICES
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 United States Coast
Guard, National Maritime Center, NMC–
4, 100 Forbes Drive, Martinsburg, WV
25404.
When seeking records about yourself
from this system of records or any other
USCG 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
16:25 Jun 24, 2009
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
RETENTION AND DISPOSAL:
VerDate Nov<24>2008
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 Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you;
• Specify when you believe the
records would have been created;
• 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 this bulleted information the
USCG 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.
Jkt 217001
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Personnel File-seamen, United States
Coast Guard officials, other Federal
Agencies, and employer. Shipping
Articles—Vessels’ operators, seamen,
masters of vessels, State Department,
and Coast Guard officials. Training
records—schools certified to provide
training for U.S. mariners. Medical
records—physicians, hospitals and
other medical providers authorized by
mariners to provide this information on
their behalf. Disciplinary Records-Coast
Guard Investigating Officers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–14911 Filed 6–24–09; 8:45 am]
BILLING CODE 4910–15–P
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
30311
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: H–2 Petitioner’s
Employment Related or Fee Related
Notification; Extension of an Existing
Information Collection; Comment
Request
ACTION: 30-day notice of information
collection under review: H–2
Petitioner’s Employment Related or Fee
Related Notification; OMB Control No.
1615–0107.
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS) has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection was
previously published in the Federal
Register on April 15, 2009, at 74 FR
17503, allowing for a 60-day public
comment period. USCIS did not receive
any comments.
The purpose of this notice is to allow
an additional 30 days for public
comments. Comments are encouraged
and will be accepted until July 27, 2009.
This process is conducted in accordance
with 5 CFR 1320.10.
Written comments and/or suggestions
regarding the item(s) contained in this
notice, especially regarding the
estimated public burden and associated
response time, should be directed to the
Department of Homeland Security
(DHS), and to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), USCIS
Desk Officer. Comments may be
submitted to: USCIS, Chief, Regulatory
Products Division, Clearance Office, 111
Massachusetts Avenue, Washington, DC
20529–2210. Comments may also be
submitted to DHS via facsimile to 202–
272–8352 or via e-mail at
rfs.regs@dhs.gov, and to the OMB USCIS
Desk Officer via facsimile at 202–395–
5806 or via e-mail at
oira_submission@omb.eop.gov.
When submitting comments by email, please make sure to add OMB
Control No. 1615–0107 in the subject
box. Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
E:\FR\FM\25JNN1.SGM
25JNN1
]]>Agencies
[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30308-30311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14911]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0016]
Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--030 Merchant Seamen's Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system DOT/CG 589 United States Merchant Seamen's
Records, April 11, 2000, as a Department of Homeland Security system of
records notice titled DHS/USCG--030 United States Merchant Seamen's
Records. The Department of Homeland Security uses DHS/USCG--030 United
States Merchant Seamen's Records to administer the Commercial Vessel
Safety Program and to determine domestic and international
qualification for the issuance of licenses, documents, and staff
officer certifications. Categories of individuals, categories of
records, and the routine uses of this legacy system of records notice
have been reviewed and updated to better reflect the United States
Merchant Seamen's Records system. Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in
the Federal Register. The exemptions for the legacy system of records
notices will continue to be applicable until the final rule for this
SORN has been completed. This new system will be included in the
Department of Homeland Security's inventory of record systems.
[[Page 30309]]
DATES: Written comments must be submitted on or before July 27, 2009.
This new system will be effective July 27, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0016] by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-3099.
Mail: Mary Ellen Callahan, 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 and may be read at https://www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
David Roberts (202-475-3521), Privacy Officer, United States Coast
Guard. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-306, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/United States Coast
Guard (USCG) has relied on previous Privacy Act systems of records
notices for the collection maintenance of records that concern the
United States Merchant Seamen's Records system of records.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/USCG system of records
under the Privacy Act (5 U.S.C. 552a) that deals with United States
Merchant Seamen's Records program management. The collection and
maintenance of this information will assist DHS/USCG in meeting its
obligation to administer the United States Merchant Seamen's Records
program.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS/USCG is giving notice that it proposes to update and reissue the
following legacy record system DOT/CG 589 United States Merchant
Seamen's Records (65 FR 19476 April 11, 2000) as a DHS/USCG system of
records notice titled, DHS/USCG--030 United States Merchant Seamen's
Records. The DHS/USCG--030 United States Merchant Seamen's Records
system is the USCG's information system that administers the Commercial
Vessel Safety Program to determine domestic and international
qualifications for the issuance of licenses, documents, and staff
officer certifications. Categories of individuals, categories of
records, and the routine uses for this legacy system of records notice
have been reviewed and updated to better reflect the United States
Merchant Seamen's Records record system. This new system will be
included in DHS's inventory of record systems. Additionally, DHS is
issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this
SORN elsewhere in the Federal Register. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed. This new system will be
included in the Department of Homeland Security's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the United States
Merchant Seamen's Records System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
SYSTEM OF RECORDS
DHS/USCG-030
SYSTEM NAME:
DHS/USCG--030 United States Merchant Seamen's Records
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the National Maritime Center in
Martinsburg, WV, the USCG Headquarters in Washington, DC, the USCG
Operations Systems Center in Kearneysville, WV, and in Regional
Examination Centers. Archived records are located at the regional
Federal Records Centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include all
current and former United States Merchant Seamen, as well as
applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
Full name (including maiden name, if applicable);
Employee identification number;
Mailing address;
Date and place of birth;
Phone number(s), include home, work, fax;
E-mail Address;
Next of Kin's Name, mailing address, phone number and
email address;
Country of citizenship;
Social Security number;
Color of eyes, hair, weight and height;
Type of license or certificate for which the individual is
applying;
Shipping articles;
Log books;
Seamen's license records;
Seamen's biometrics including photographs and fingerprint
records;
Disciplinary records;
Security records;
Current state of application, including granted or denied
with place and date of issuance;
[[Page 30310]]
Information related to narcotics, drinking while under the
influence, and conviction records; and
Character references, including full name, contact
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C. 2103, 7302, 7305, 7314,
7316, 7319, 7502, 7701, 8701; 46 CFR 12.02-25; 49 CFR 1.45, 1.46.
PURPOSE(S):
The principle purpose of this system is to administer the
Commercial Vessel Safety Program to determine domestic and
international qualifications for the issuance of licenses, documents,
and staff officer certifications. This includes establishing
eligibility of a merchant mariner's document, duplicate documents, or
additional endorsements issued by the Coast Guard and establishing and
maintaining continuous records of the persons documentation
transactions.
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 of
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 (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 3004 and 3006.
D. To an agency, organization, or individual 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. The Department 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 DHS or another agency or entity) or harm to the
individual who relies 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.
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, where 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 private organizations when considered beneficial to the
seaman.
I. To other Federal Agencies, such as the Veteran's Administration,
the Social Security Administration, the Internal Revenue Service, in
connection with benefits and services administered by those agencies.
J. 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.
K. To designated officers and employees of Federal, State, local or
international agencies in connection with the hiring or continued
employment of an individual, the conduct of a suitability or security
investigation of an individual, the grant, renewal, suspension, or
revocation of a security clearance, or the certification of security
clearances, to the extent that DHS determines the information is
relevant and necessary to the hiring agency's decision.
L. To the Maritime Administration for the purpose of merchant
mariner call-ups related to national security.
M. To the U.S. Navy for the purpose of verifying the credential
status of Navy personnel.
N. 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:
Disclosures pursuant to 5 U.S.C552a(b)(12) may be made from this
system to ``consumer reporting agencies,'' as defined in the Fair
Credit Reporting Act (15 U.S. C. 1681a(f)) or Federal Claims Collection
Act of 1982 (31 U.S.C 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper files are stored at a secure, controlled access site managed
by either Coast Guard personnel or contract personnel with oversight
from Coast Guard personnel. Electronic records are stored on a secure
database server at the Coast Guard Operation Systems Center.
[[Page 30311]]
Inactive records are stored by the National Archives and Records
Administration at that agency's Federal Records Centers facilities.
RETRIEVABILITY:
Information is retrieved by individual's name and identifying
number (e.g. Social Security, MMLD assigned system number or Continuous
Discharge Book number) .
SAFEGUARDS:
Electronic records in this system are safeguarded in accordance
with applicable rules and policies, including all applicable DHS
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. 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. Paper records related to
issuance of Merchant Mariners' Licenses and Documents (MMLD) are
located in Coast Guard Regional Examination Centers or the National
Maritime Center in locked file cabinets. Access to records is limited
to personnel requiring access for their jobs.
RETENTION AND DISPOSAL:
Paper records related to issuance of Merchant Mariner Licenses and
Documents are held on site for five years past the last activity with
the file. After that time they are then transferred to the Washington
National Records Center in Suitland, MD. As disposition is pending on
this system contingent on NARA approval, records are maintained
indefinitely.
SYSTEM MANAGER AND ADDRESS:
United States Coast Guard, National Maritime Center, NMC-4, 100
Forbes Drive, Martinsburg, WV 25404.
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 United States Coast Guard, National
Maritime Center, NMC-4, 100 Forbes Drive, Martinsburg, WV 25404.
When seeking records about yourself from this system of records or
any other USCG 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 Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you;
Specify when you believe the records would have been
created;
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 this bulleted information the USCG 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:
Personnel File-seamen, United States Coast Guard officials, other
Federal Agencies, and employer. Shipping Articles--Vessels' operators,
seamen, masters of vessels, State Department, and Coast Guard
officials. Training records--schools certified to provide training for
U.S. mariners. Medical records--physicians, hospitals and other medical
providers authorized by mariners to provide this information on their
behalf. Disciplinary Records-Coast Guard Investigating Officers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-14911 Filed 6-24-09; 8:45 am]
BILLING CODE 4910-15-P
