Privacy Act of 1974, Amended System of Records, 61157-61160 [2015-25747]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61157-61160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25747]


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DEPARTMENT OF COMMERCE

[Docket No. 150911845-5845-01]
RIN 0605-XC027


Privacy Act of 1974, Amended System of Records

AGENCY: National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce.

ACTION: Notice of Proposed Amendment to Privacy Act System of Records: 
COMMERCE/NOAA-16, Crab Economic Data Report (EDR) for BSAI off the 
Coast of Alaska.

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SUMMARY: This notice announces the Department of Commerce's 
(Department) intention to amend the system of records entitled 
``COMMERCE/NOAA-16, Crab Economic Data Report (EDR) for BSAI off the 
Coast of Alaska,'' by updating the routine uses to include: (1) 
Disclosure for breach notifications, (2) disclosure to Federal, state, 
or local agencies for licensing and human resources decisions; (3) 
disclosure pursuant to Federal, state, local, or international 
requests, in connection to decisions to grant a benefit to an 
individual; (4) disclosure to the medical advisor if, in the judgment 
of the Department, disclosure to the individual could have an adverse 
effect upon the individual; (5) disclosure pursuant to an Office of 
Management and Budget (OMB) request in connection to private relief 
legislation as set forth in OMB Circular No. A-19; (6) disclosure 
pursuant to an OMB request, for statistical purposes; and (7) 
disclosure to the Administrator of the General Services Administration, 
or a designee thereof, for the purpose of inspection of agency records 
management practices; and by renaming the system from ``Crab Economic 
Data Report (EDR) for BSAI off the Coast of Alaska'' to ``Economic Data 
Reports for Alaska Federally Regulated Fisheries off the coast of 
Alaska.''
    The National Oceanic and Atmospheric Administration's (NOAA) 
National Marine Fisheries Service (NMFS), Alaska Region, is also 
revising its system of records for the mandatory collections of 
economic data reports (EDRs) in the Alaska Region consisting of the 
Crab Rationalization (CR) Program, to include the Amendment 80 EDR and 
the Chinook Salmon EDR, for use with a variety of fisheries management 
programs. We invite public comment on the amended system announced in 
this publication.

DATES: To be considered, written comments must be submitted on or 
before November 9, 2015. Unless comments are received, the revised 
system of records will become effective as proposed on the date of 
publication of a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Sarah Brabson, NOAA Office of the 
Chief Information Officer, Room 9856, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS Alaska Region, 
Suite 401, 709 West Ninth Street, P.O. Box 21668, Juneau, Alaska, 
99802.

SUPPLEMENTARY INFORMATION: Information for this system of records would 
be requested from individuals under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and the American Fisheries Act. The collection of information is 
necessary to identify participants and their roles in these fisheries 
and to evaluate the programs in which they participate, which includes 
the costs of fishing and processing, revenues for harvesters and 
processors, and employment information. NMFS will collect information 
from individuals in order to evaluate the economic effects of fisheries 
programs, specifically the

[[Page 61158]]

effects on the harvesting and processing sectors, and to determine the 
economic efficiency and distributional effects of the programs. 
Information obtained through the EDRs will be accessible by an 
independent Data Collection Agent (DCA) under cooperative agreement 
with NMFS, Alaska Region, to distribute forms, receive forms, review, 
and verify information in the economic surveys (see System Location 
section). Each vessel owner or lessee and each plant owner or lessee 
that participated in the specified fisheries off the coast of Alaska 
since 1996 will be required to submit an EDR to the DCA by mail, FAX, 
or electronic file. In addition, NMFS would provide information to the 
Department of Justice (DOJ) and Federal Trade Commission (FTC) to 
assist in anti-trust analysis of the fisheries programs. This mandatory 
collection of the Tax Identification Number (Employer Identification 
Number or Social Security Number) is authorized by 31 U.S.C. 7701.
    The resulting system of records, as amended, appears below.
COMMERCE/NOAA-16

SYSTEM NAME:
    COMMERCE-16, Economic Data Reports for Alaska Federally Regulated 
Fisheries off the coast of Alaska.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    a. Pacific States Marine Fisheries Commission, 205 Southeast 
Spokane, Suite 100, Portland, OR 97202.
    b. NMFS Alaska Region, 709 West Ninth Street, Juneau, AK 99801.

CATEGEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Owners or lessees of catcher vessels, catcher/processors, shoreside 
processors, and stationary floating processors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. The Tax Identification Number (TIN): Employer Identification 
Number (EIN) or Social Security Number (SSN) is required for all 
permits, under the authority 31 U.S.C. 7701. For purposes of 
administering the various NMFS fisheries permit and registration 
programs, a person shall be considered to be doing business with a 
Federal agency including but not limited to if the person is an 
applicant for, or recipient of, a Federal license, permit, right-of-
way, grant, or benefit payment administered by the agency or insurance 
administered by the agency pursuant to subsection (c)(2)(B) of Section 
7701.
    2. This system includes records for historical, annual, and current 
EDRs including financial information, harvest activity and cost, 
product and cost information, labor cost information for crew, and 
sales information. The crab EDRs request data on cost, revenue, 
ownership, and employment and will be used to study the economic 
impacts of the CR Program on affected harvesters, processors, and 
communities.
    3. Each report includes the following: The name, title, telephone 
number, FAX number, and email address of the person completing the EDR; 
name and address of the owner or lessee of the plant or vessel; Federal 
fisheries permit number; Federal processor permit number; Alaska vessel 
registration number; crew license number and city of residence, 
assigned internal individual identifier.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Magnuson-Stevens Fishery Conservation and Management Act, 16 
U.S.C. 1801 et seq. 16 U.S.C. 1862, and 16 U.S.C. 1853; the American 
Fisheries Act, Title II, Public Law 105-277.

PURPOSE(S):
    This information will allow NMFS to evaluate the economic effects 
of the three EDR Programs, specifically the harvesting and processing 
sectors; the determination of the economic efficiency and 
distributional effects of the Program; and distribution of information 
to the DOJ and FTC to assist in anti-trust analysis of the programs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the Department. The 
records or information contained therein may specifically be disclosed 
as a routine use, as stated below. The Department will, when so 
authorized, make the determination as to the relevancy of a record 
prior to its decision to disclose a document.
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records, may be 
referred to the appropriate agency, whether Federal, State, local, or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, rule, regulation, or order issued pursuant 
thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate, hearing officer 
or administrative tribunal, including disclosures to opposing counsel 
in the course of settlement negotiations, administrative appeals and 
hearings.
    3. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    4. A record in this system will be disclosed to the Department of 
Treasury for the purpose of reporting and recouping delinquent debts 
owed the United States pursuant to the Debt Collection Improvement Act 
of 1996.
    5. A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    6. A record in this system of records may be disclosed to the 
applicable Fishery Management Council (Council) staff and contractors 
tasked with the development of analyses to support Council decisions 
about Fishery Management Programs.
    7. A record in this system of records may be disclosed to the 
Department of Justice and the Federal Trade Commission to assist in 
antitrust analysis of the fisheries programs in the supplementary 
information and later on.
    8. A record in this system of records may be disclosed to 
appropriate agencies, entities and Persons when: (1) It is suspected or 
determined 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 
systems or programs (whether maintained by the Department 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 the Department's

[[Page 61159]]

efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy such harm.
    9. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state or local agency maintaining civil, 
criminal or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary to obtain 
information relevant to a Department decision concerning the 
assignment, hiring or retention of an individual, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant or other benefit.
    10. A record from this system of records may be disclosed, as a 
routine use, to a Federal, state, local, or international agency, in 
response to its request, in connection with the assignment, hiring or 
retention of an individual, the issuance of a security clearance, the 
reporting of an investigation of an individual, the letting of a 
contract, or the issuance of a license, grant, or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    11. A record in this system of records which contains medical 
information may be disclosed, as a routine use, to the medical advisor 
of any individual submitting a request for access to the record under 
the Act and 15 CFR part 4b if, in the sole judgment of the Department, 
disclosure could have an adverse effect upon the individual, under the 
provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 15 CFR 
part 4b.6.
    12. A record in this system of records may be disclosed, as a 
routine use, to the Office of Management and Budget in connection with 
the review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process as set forth in that Circular.
    13. A record in this system may be transferred, as a routine use, 
to the Office of Personnel Management: For personnel research purposes; 
as a data source for management information; for the production of 
summary descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained; or for 
related manpower studies.
    14. A record from this system of records may be disclosed, as a 
routine use, to the Administrator, General Services Administration 
(GSA), or his designee, during an inspection of records conducted by 
GSA as part of that agency's responsibility to recommend improvements 
in records management practices and programs, under authority of 44 
U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with 
the GSA regulations governing inspection of records for this purpose, 
and any other relevant (i.e. GSA or Commerce) directive. Such 
disclosure shall not be used to make determinations about individuals.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosure to consumer reporting agencies pursuant to 5 U.S.C. 
552a(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)) and the Federal Claims Collection Act of 1966 (31 U.S.C. 
3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Computerized data base; CDs; back-up files stored on tape; paper 
records in file folders in locked metal cabinets and/or locked rooms.

RETRIEVABILITY:
    Records are organized and retrieved by NMFS internal identification 
number, name of owner or lessee, vessel permit number, plant permit 
number, crew license number, vessel name, or plant name. Records can be 
accessed by any file element or any combination thereof.

SAFEGUARDS:
    1. The system of records is stored in a building with doors that 
are locked during and after business hours. Visitors to the facility 
must register with security guards and must be accompanied by Federal 
personnel at all times. Only those that have the need to know, to carry 
out the official duties of their job, have access to the information. 
Paper records are maintained in secured file cabinets in areas that are 
accessible only to authorized personnel of the DCA. Electronic records 
containing Privacy Act information are protected by a user 
identification/password. The user identification/password is issued to 
individuals by authorized personnel.
    2. NMFS Alaska Region contractors, to whom access to this 
information is granted in accordance with this system of records 
routine uses provision, are instructed on the confidential nature of 
this information.
    3. All electronic information disseminated by NOAA adheres to the 
standards set out in Appendix III, Security of Automated Information 
Resources, OMB Circular A-130; the Computer Security Act (15 U.S.C. 
278g-3 and 278g-4); and the Government Information Security Reform Act, 
Public Law 106-398; and follows NIST SP 800-18, Guide for Developing 
Security Plans for Federal Information Systems; NIST SP 800-26, 
Security Self-Assessment Guide for Information Technology Systems; and 
NIST SP 800-53, Recommended Security Controls for Federal Information 
Systems.
    4. The EDR system is designed as follows: (1) Participants are 
required to submit an annual EDR to the NOAA-approved DCA; (2) The DCA 
provides the EDR information without individual identifiers to NMFS 
Alaska Region, State of Alaska Department of Fish and Game, and the 
North Pacific Fishery Management Council; (3) Upon request, the DCA 
will provide the EDR information with individual identifiers to NOAA 
Office for Enforcement and the U.S. Coast Guard; and (4) Upon request, 
the DCA will provide the EDR information with individual identifiers to 
the DOJ and FTC to assist in anti-trust analysis of the Program.

RETENTION AND DISPOSAL:
    All records are retained and disposed of in accordance with 
National Archives and Records Administration regulations (36 CFR 
Chapter B--Records Management); Departmental directives and 
comprehensive records schedules; NOAA Administrative Order 205-01; and 
the NMFS Records Disposition Schedule, Chapter 1500.

SYSTEMS MANAGER(S) AND ADDRESSES:
    For records at location a.: Regional Administrator, NMFS Alaska 
Region, 709 West Ninth Street, Juneau, AK 99801.
    For records at location b.: Pacific States Marine Fisheries 
Commission, 205 Southeast Spokane, Suite 100, Portland, OR 97202.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquires 
to the national or regional Privacy Act Officer:
    1. Privacy Act Officer, NOAA, 1315 East-West Highway, Room 9719, 
Silver Spring, MD 20910.
    2. Privacy Act Officer, NMFS Alaska Region, P.O. Box 21668, Juneau, 
Alaska 99802, or delivered to the Federal Building, 709 West 9th Street 
Juneau, Alaska, 99801. Written requests must be signed by the 
requesting individual. Requestor must make the request in writing and 
provide his/her name, address, and date of the request and record 
sought. All such requests must

[[Page 61160]]

comply with the inquiry provisions of the Department's Privacy Act 
rules which appear at 15 CFR part 4, Appendix A.

RECORDS ACCESS PROCEDURES:
    Requests for access to records maintained in this system of records 
should be addressed to the same address given in the Notification 
section above.

CONTESTING RECORD PROCEDURES:
    The Department's rules for access, for contesting contents, and 
appealing initial determinations by the individual concerned are 
provided for in 15 CFR part 4, Appendix A.

RECORD SOURCE CATEGORIES:
    Information contained in this system will be collected from 
individuals participating in any of the three Alaska EDR Programs.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: October 2, 2015.
Michael J. Toland,
Department of Commerce, Acting Freedom of Information/Privacy Act 
Officer.
[FR Doc. 2015-25747 Filed 10-8-15; 8:45 am]
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