Privacy Act of 1974; System of Records, 44593-44596 [2016-16171]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices 30 minutes; Sablefish ownership interest form, 10 minutes ; EFP Applications, 32 hours; EFP Trip Notifications 2 minutes; EFP Harvest Plans: 16 hours; EFP Data Reports: 2 hours;; EFP Summary Reports: interim report, 4 hours; final report, 20 hours. Burden Hours: 2,000. Needs and Uses: This request is for extension of a currently approved information collection. The Magnuson-Stevens Act (16 U.S.C. 1801) provides that the Secretary of Commerce is responsible for the conservation and management of marine fisheries resources in Exclusive Economic Zone (3–200 miles) of the United States (U.S.). NOAA Fisheries, West Coast Region—Northwest manages the Pacific Coast Groundfish Fishery in the Exclusive Economic Zone (EEZ) off Washington, Oregon, and California under the Pacific Coast Groundfish Fishery Management Plan. The regulations implementing the Pacific Groundfish Fishery require that those vessels participating in the limited entry fishery to be registered to a valid limited entry permit. Participation in the fishery and access to a limited entry permit has been restricted to control the overall harvest capacity. The regulations implementing the limited entry program are found at 50 CFR part 660, subpart G. NOAA Fisheries seeks comment on the extension of permit information collections required for: (1) Renewal and transfer of Pacific Coast Groundfish limited entry permits; (2) implementation of certain provisions of the sablefish permit stacking program as provided for at 50 CFR 660.231 and 660.25; and (3) issuing and fulfilling the terms and conditions of certain exempted fishing permits (EFPs). Also, NOAA Fisheries requires an information collection to implement certain aspects of the sablefish permit stacking program which prevents excessive fleet consolidation. As part of the annual renewal process, NOAA Fisheries requires a corporation or partnership that owns or holds (as vessel owner) a sablefish endorsed permit to provide a complete ownership interest form listing all individuals with ownership interest in the entity. Similarly, any sablefish endorsed permit transfer involving registration of a business entity requires an ownership interest form if either the permit owner or vessel owner is a corporation or partnership. This information is used to determine if individuals own or hold sablefish permits in excess of the limit of 3 permits. Also, for transfer requests made during the sablefish primary season (April 1st through October 31st), VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 the permit owner is required to report the remaining tier pounds not yet harvested on the sablefish endorsed permit at the time of transfer. Applicants for an exempted fishing permit (EFP) must submit written information that allows NOAA Fisheries and the Pacific Fishery Management Council to evaluate the proposed exempted fishing project activities and weigh the benefits and costs of the proposed activities. The Council makes a recommendation on each EFP application and for successful applicants, NOAA Fisheries issues the EFPs which contains terms and conditions for the project including various reporting requirements. The information included in an application is specified at 50 CFR 600.745(b)(2) and the Council Operating Procedure #19. Permit holders are required to file preseason harvest plans, interim and/or final summary reports on the results of the project and in some cases individual vessels and other permit holders are required to provide data reports (logbooks and/or catch reports The results of EFPs are commonly used to explore ways to reduce effort on depressed stocks, encourage innovation and efficiency in the fishery, provide access to constrained stocks which directly measuring the bycatch associated with such strategies and evaluate/revise current and proposed management measures. Affected Public: Business or other forprofit organizations, individuals or households, not-for-profit institutions; state, local or tribal government. Frequency: Annually, semi-annually, monthly and on occasion. Respondent’s Obligation: Required to obtain or retain benefits. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Dated: July 5, 2016. Sarah Brabson, NOAA PRA Clearance Officer. [FR Doc. 2016–16173 Filed 7–7–16; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 44593 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 160606490–6490–01] Privacy Act of 1974; System of Records National Oceanic and Atmospheric Administration, U.S Department of Commerce. ACTION: Notice of a New Privacy Act System of Records: COMMERCE/ NOAA–21, Financial Systems Division. AGENCY: This notice announces the Department of Commerce’s (Department’s) proposal for a new system of records under the Privacy Act. The National Oceanic and Atmospheric Administration’s (NOAA’s) National Marine Fisheries Service (NMFS) is creating a new system of records for the Financial Services Division’s financial assistance programs. Information will be collected from individuals and businesses under the authority of title XI of the Merchant Marine Act of 1936, as amended and codified, and the Magnuson-Stevens Fishery Conservation and Management Act, as amended. This new record system is necessary to determine whether applicants for program financing, Fishermen’s Contingency claims, or participants in Capital Construction Fund accounts or Fishery Capacity Reduction programs are eligible and are creditworthy. DATES: To be considered, written comments must be submitted on or before August 8, 2016. Unless comments are received, the new system of records will become effective as proposed on August 17, 2016. If comments are received, the Department will publish a subsequent notice in the Federal Register within 10 days after the comment period closes, stating that the current system of records will remain in effect until publication of a final action in the Federal Register. ADDRESSES: Comments may be mailed to: Paul Marx, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Paul Marx, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910. SUPPLEMENTARY INFORMATION: NMFS will use the information contained in this system of records to determine whether applicants for the Fisheries Financing Program (FFP) are both SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1 44594 Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices eligible and creditworthy; whether applicants for fishing gear reimbursements under the Fishermen’s Contingency Fund (FCF) are eligible and present valid claims; whether participants under the Capital Construction Fund (CCF) are eligible to participate; and whether participants in Fisheries Capacity Reduction programs (Buyback) are providing correct information. The information collected is essential for financial assistance and program eligibility determinations. It is comparable to what is usually required by commercial lending institutions when making lending decisions, or insurance institutions when adjusting claims. Applicants with a history of credit problems (including delinquent Federal debt), litigation or bankruptcy, lack of capital, etc., may be unable to meet the FFP’s stringent credit standards and may be denied financing. Applicants for CCF accounts with an ineligible vessel or an ineligible project may be unable to meet the CCF program requirements. Claimants with insufficient or incorrect documentation may be ineligible to receive reimbursements for fishing gear lost on the Outer Continental Shelf. Participants in the Capacity Reduction programs who fail to remit fees or fail to remit them timely may face penalties and late charges. The information collection is requested from individuals and businesses under the authority of title XI of the Merchant Marine Act of 1936, as amended and codified, and the Magnuson-Stevens Fishery Conservation and Management Act, as amended. The information collection includes collecting each applicant’s Tax Identification Number (TIN), either an Employer Identification Number (EIN) or Social Security Number (SSN). Collection of a TIN is required under 31 U.S.C. 7701. The primary purpose for requesting the TIN is to correctly identify the applicant for background and credit investigations and program eligibility, and may be used to report or collect any delinquent amounts arising out of an applicant’s relationship with the Government. COMMERCE/NOAA–21 asabaliauskas on DSK3SPTVN1PROD with NOTICES SYSTEM NAME: COMMERCE/NOAA–21, Financial Services Division. SECURITY CLASSIFICATION: Moderate. SYSTEM LOCATIONS: a. NMFS Northeast Financial Services Branch, MB51, 55 Great Republic Drive, VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 Suite 02–700, Gloucester, MA 01930– 2209. b. NMFS Southeast Financial Services Branch, MB52, 263–13th Avenue South, St. Petersburg, FL 33702–2432. c. NMFS Northwest Financial Services Branch, MB53, 7600 Sand Point Way NW., Bin C15700, Building #1, Seattle, WA 98115. d. NMFS Financial Services Division, 1315 East West Highway, Silver Spring, MD 20910. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Applicants for Fisheries Finance Program financial assistance, including: Direct loans for vessels, shoreside facilities, aquaculture, mariculture, and individual fishing quota (IFQ) loans; applicants for Capital Construction Fund (CCF) accounts; fishers and fish buyers participating in Capacity Reduction loan (Buyback) programs; and claimants under the Fishermen’s Contingency Fund. CATEGORIES OF RECORDS IN THE SYSTEM: The system will include general personal and financial data including: The loan applicant’s identity (including full name, address, and, as applicable, the SSN or EIN); the amount of financing applied for, the purpose of the loan; an appraisal of the vessel, facility or project being financed; Coast Guard documentation or Abstracts of title to vessels; income and financial information, including the applicant’s last three Federal tax returns; LLC or Partnership agreements; a list of creditors and buyers with relevant credit terms; identification of authorized representatives (accountant, attorney, insurance agent); loan servicing actions and financial transactions; and the applicant’s legal and credit history (status regarding bankruptcy, litigation, delinquency on debt, etc.). This information will be collected and maintained by the Financial Services Division and its branches. The system will also include the CCF account holder’s identity (including full name, address, and as applicable, the SSN or EIN); the nature of the account, banking information, the description of the project for which the account is to be created; income, business and financial information including the applicant and/or account holder’s tax return, LLC and Partnership agreements; Coast Guard documentation, bills of sale, mortgages, etc.; identification of authorized representatives (accountant, attorney); and reports of account activity including all deposits and withdrawals. The system of records will include FCF claimants’ identity (including full name, PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 address, and, as applicable, the SSN or EIN); Vessel name and characteristics; fishing results for the three most recent trips; receipts for gear and equipment replaced; and information about the claimant’s prior claims. The system of records will include Capacity Reduction program participants’ identity (including full name, address, and, as applicable, the SSN or EIN); processor number, fish ticket information, receipt and payment information, and banking information. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: Title XI of the Merchant Marine Act of 1936 as amended and codified, 46 U.S.C. 1177 and 46 U.S.C. 53701 et seq., the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., and provisions of the Debt Collection Improvement Act as codified at 31 U.S.C. 7701. PURPOSE(S): This information will allow NMFS to identify applicants and program participants and evaluate them for Financial Services Division financial assistance. 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, these records or information contained therein may specifically be disclosed outside of the Department. These 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, contract or rule, regulation or order issued pursuant thereto, or protecting the interests of the Department. 2. A record from this system of records may be disclosed in the course E:\FR\FM\08JYN1.SGM 08JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. 3. A record in this system of records may be disclosed to the Department of Justice in connection with determining whether the Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof. 4. 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. 5. A record in this system will be disclosed to the Department of Treasury for the purpose of reporting and recouping delinquent debts owed to the United States pursuant to the Debt Collection Improvement Act of 1996. 6. 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). 7. A record in this system of records may be disclosed to appropriate agencies, entities, and persons when: (1) It is suspected or confirmed that the security of 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 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 efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. 8. A record or information in this system of records may be disclosed to private sector appraisers, marine architects, attorneys, accountants, banks, lending institutions, real estate agents, brokers, title companies, state or local agencies, commercial registries, VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 credit bureaus, rating agencies, and/or other persons and entities for the purpose of making credit and eligibility evaluations; lender due diligence investigations; CCF account validations; FCF claim adjustments; and/or the creation, attachment, perfection, maintenance, realization, or foreclosure of security interests. 9. A record in this system of records may be disclosed, as a routine use, 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. 10. 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. 11. 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 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: Financial Services Divisions applications and related information are stored in a computerized database; CDs or DVDs; paper records stored in file folders in locked metal cabinets and/or locked rooms. Retrievability: Records are organized and retrieved by an NMFS internal identification number, name of entity, case number, vessel name or identification number, plant name, processor number, or claim number. Records can be accessed by any file element or any combination thereof. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 44595 Safeguards: 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. Paper records are stored in a locked room and/or a locked file cabinet. Electronic records containing Privacy Act information are protected by a user identification/password, and reside on an internal computer system protected by an electronic ‘‘firewall’’ to prevent access from outside the Federal facility. The user identification/ password is issued to individuals by authorized personnel. 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 SelfAssessment Guide for Information Technology Systems; and NITS SP 800– 53, Recommended Security Controls for Federal Information Systems. Retention and Disposal: All records are retained and disposed of in accordance with National Archives and Records Administration regulations (35 CFR chapter XII, subchapter B—Records Management); Departmental directives and comprehensive records schedules; NOAA Administrative Order 205–01; and the NMFS Records Disposition Schedule, Chapter 1500. SYSTEM MANAGERS AND ADDRESSES: For records at location a.: Chief, Northeast Financial Services Branch, 55 Great Republic Drive, Suite 02–700, Gloucester, MA 01930–2209. For records at location b.: Chief, Southeast Financial Services Branch, 263 13th Avenue, South, St. Petersburg, FL 33702–2432. For records at location c.: Chief, Northwest Financial Services Branch, 7600 Sand Point Way NW., (Bin C15700) Bldg. #1, Seattle, WA 98115. For records at location d.: Chief, Financial Services Division, 1315 East West Highway, Silver Spring, MD 20910. NOTIFICATION PROCEDURE: Individuals or businesses seeking to determine whether information about themselves is contained in this system should address written inquiries to the NOAA Privacy Act Officer: Privacy Act Officer, NOAA, 1315 East West E:\FR\FM\08JYN1.SGM 08JYN1 44596 Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices Highway, Room 10641, Silver Spring, MD 20910. 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 the nature of the record sought. All such requests must comply with the inquiry provisions of the Department’s Privacy Act rules which appear at 15 CFR part 4, Appendix A. RECORD 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 content, and for appealing initial determinations by the individual or business concerned are provided for in 15 CFR part 4, Appendix A. RECORD SOURCE CATEGORIES: Information in this system will be collected from individuals and businesses applying for Financial Systems Division financial assistance. EXEMPTION CLAIMS FOR SYSTEM: None. Dated: July 5, 2016. Michael J. Toland, Department of Commerce, Freedom of Information/Privacy Act Officer. [FR Doc. 2016–16171 Filed 7–7–16; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and deletions from the Procurement List. This action adds products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products and services from the Procurement List previously furnished by such agencies. DATES: Effective Date: August 7, 2016. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202–4149. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) asabaliauskas on DSK3SPTVN1PROD with NOTICES VerDate Sep<11>2014 17:00 Jul 07, 2016 Jkt 238001 Additions On 3/25/2016 (81 FR 16145–16146) and 6/3/2016 (81 FR 35749–35750), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and service and impact of the additions on the current or most recent contractors, the Committee has determined that the products and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. The action will result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the products and service proposed for addition to the Procurement List. End of Certification AGENCY: SUMMARY: 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: Accordingly, the following products and service are added to the Procurement List: Products NSN(s)—Product Name(s): MR 10739—Herb Stripper, Includes Shipper 20739 MR 10732—Hershey’s Lava Cake Maker, Shipper 20732 MR 10733—Reese’s Lava Cake Maker, Shipper 20732 Mandatory for: Military commissaries and exchanges in accordance with the Code of Federal Regulations, Chapter 51, 51– 6.4 Mandatory Source(s) of Supply: WinstonSalem Industries for the Blind, Inc., Winston-Salem, NC Contracting Activity: Defense Commissary Agency Distribution: C-List NSN(s)—Product Name(s): PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 7220–00–NSH–0022—Mat, Floor, Chair, 45″ x 53″ x .110″, w/20″ x 12″ Lip 7220–00–NSH–0023—Mat, Floor, Chair, 45″ x 53″ x .110″, w/25″ x 12″ Lip 7220–00–NSH–0024—Mat, Floor, Chair, 46″ x 60″ x .110″, w/25″ x 12″ Lip 7220–00–NSH–0025—Mat, Floor, Chair, 46″ x 60″ x .110″, Without Lip 7220–00–NSH–0026—Mat, Floor, Chair, 60″ x 60″ x .110″, Without Lip 7220–00–NSH–0030—Mat, Floor, Chair, 36″ x 48″ x .150″, w/20″ x 12″ Lip 7220–00–NSH–0031—Mat, Floor, Chair, 45″ x 53″ x .150″, w/25″ x 12″ Lip 7220–00–NSH–0032—Mat, Floor, Chair, 45″ x 53″ x .150″, w/20″ x 12″ Lip 7220–00–NSH–0033—Mat, Floor, Chair, 45″ x 53″ x .220″, w/20″ x 12″ Lip 7220–00–NSH–0035—Mat, Floor, Chair, 46″ x 60″ x .150″, Without Lip 7220–00–NSH–0036—Mat, Floor, Chair, 46″ x 60″ x .150″, w/25″ x 12″ Lip 7220–00–NSH–0038—Mat, Floor, Chair, 46″ x 60″ x .220″, w/25″ x 12″ Lip 7220–00–NSH–0039—Mat, Floor, Chair, 46″ x 60″ x .220″, Without Lip 7220–00–NSH–0040—Mat, Floor, Chair, 60″ x 60″ x .150″, Without Lip Mandatory for: Total Government Requirement Mandatory Source(s) of Supply: Northeastern Michigan Rehabilitation and Opportunity Center (NEMROC), Alpena, MI Contracting Activity: General Services Administration, Fort Worth, TX Distribution: A-List Service Service Type: Base Supply Center Mandatory for: US Army, Walter Reed Army Institute of Research, Silver Spring, MD Mandatory Source(s) of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Dept of the Army, W4PZ USA MED RSCH ACQUIS ACT Deletions On 6/3/2016 (81 FR 35749–35750), 6/ 10/2016 (81 FR 37581–37582), and 6/ 17/2016 (81 FR 39630), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed deletions from the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the product(s) and/or service(s) listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities. E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44593-44596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 160606490-6490-01]


Privacy Act of 1974; System of Records

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

ACTION: Notice of a New Privacy Act System of Records: COMMERCE/NOAA-
21, Financial Systems Division.

-----------------------------------------------------------------------

SUMMARY: This notice announces the Department of Commerce's 
(Department's) proposal for a new system of records under the Privacy 
Act. The National Oceanic and Atmospheric Administration's (NOAA's) 
National Marine Fisheries Service (NMFS) is creating a new system of 
records for the Financial Services Division's financial assistance 
programs. Information will be collected from individuals and businesses 
under the authority of title XI of the Merchant Marine Act of 1936, as 
amended and codified, and the Magnuson-Stevens Fishery Conservation and 
Management Act, as amended. This new record system is necessary to 
determine whether applicants for program financing, Fishermen's 
Contingency claims, or participants in Capital Construction Fund 
accounts or Fishery Capacity Reduction programs are eligible and are 
creditworthy.

DATES: To be considered, written comments must be submitted on or 
before August 8, 2016. Unless comments are received, the new system of 
records will become effective as proposed on August 17, 2016. If 
comments are received, the Department will publish a subsequent notice 
in the Federal Register within 10 days after the comment period closes, 
stating that the current system of records will remain in effect until 
publication of a final action in the Federal Register.

ADDRESSES: Comments may be mailed to: Paul Marx, Chief, Financial 
Services Division, National Marine Fisheries Service, 1315 East West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Paul Marx, Chief, Financial Services 
Division, National Marine Fisheries Service, 1315 East West Highway, 
Silver Spring, MD 20910.

SUPPLEMENTARY INFORMATION: NMFS will use the information contained in 
this system of records to determine whether applicants for the 
Fisheries Financing Program (FFP) are both

[[Page 44594]]

eligible and creditworthy; whether applicants for fishing gear 
reimbursements under the Fishermen's Contingency Fund (FCF) are 
eligible and present valid claims; whether participants under the 
Capital Construction Fund (CCF) are eligible to participate; and 
whether participants in Fisheries Capacity Reduction programs (Buyback) 
are providing correct information. The information collected is 
essential for financial assistance and program eligibility 
determinations. It is comparable to what is usually required by 
commercial lending institutions when making lending decisions, or 
insurance institutions when adjusting claims. Applicants with a history 
of credit problems (including delinquent Federal debt), litigation or 
bankruptcy, lack of capital, etc., may be unable to meet the FFP's 
stringent credit standards and may be denied financing. Applicants for 
CCF accounts with an ineligible vessel or an ineligible project may be 
unable to meet the CCF program requirements. Claimants with 
insufficient or incorrect documentation may be ineligible to receive 
reimbursements for fishing gear lost on the Outer Continental Shelf. 
Participants in the Capacity Reduction programs who fail to remit fees 
or fail to remit them timely may face penalties and late charges.
    The information collection is requested from individuals and 
businesses under the authority of title XI of the Merchant Marine Act 
of 1936, as amended and codified, and the Magnuson-Stevens Fishery 
Conservation and Management Act, as amended. The information collection 
includes collecting each applicant's Tax Identification Number (TIN), 
either an Employer Identification Number (EIN) or Social Security 
Number (SSN). Collection of a TIN is required under 31 U.S.C. 7701. The 
primary purpose for requesting the TIN is to correctly identify the 
applicant for background and credit investigations and program 
eligibility, and may be used to report or collect any delinquent 
amounts arising out of an applicant's relationship with the Government.
COMMERCE/NOAA-21

System Name:
    COMMERCE/NOAA-21, Financial Services Division.

Security Classification:
    Moderate.

System Locations:
    a. NMFS Northeast Financial Services Branch, MB51, 55 Great 
Republic Drive, Suite 02-700, Gloucester, MA 01930-2209.
    b. NMFS Southeast Financial Services Branch, MB52, 263-13th Avenue 
South, St. Petersburg, FL 33702-2432.
    c. NMFS Northwest Financial Services Branch, MB53, 7600 Sand Point 
Way NW., Bin C15700, Building #1, Seattle, WA 98115.
    d. NMFS Financial Services Division, 1315 East West Highway, Silver 
Spring, MD 20910.

Categories of Individuals Covered by the System:
    Applicants for Fisheries Finance Program financial assistance, 
including: Direct loans for vessels, shoreside facilities, aquaculture, 
mariculture, and individual fishing quota (IFQ) loans; applicants for 
Capital Construction Fund (CCF) accounts; fishers and fish buyers 
participating in Capacity Reduction loan (Buyback) programs; and 
claimants under the Fishermen's Contingency Fund.

Categories of Records in the System:
    The system will include general personal and financial data 
including: The loan applicant's identity (including full name, address, 
and, as applicable, the SSN or EIN); the amount of financing applied 
for, the purpose of the loan; an appraisal of the vessel, facility or 
project being financed; Coast Guard documentation or Abstracts of title 
to vessels; income and financial information, including the applicant's 
last three Federal tax returns; LLC or Partnership agreements; a list 
of creditors and buyers with relevant credit terms; identification of 
authorized representatives (accountant, attorney, insurance agent); 
loan servicing actions and financial transactions; and the applicant's 
legal and credit history (status regarding bankruptcy, litigation, 
delinquency on debt, etc.). This information will be collected and 
maintained by the Financial Services Division and its branches.
    The system will also include the CCF account holder's identity 
(including full name, address, and as applicable, the SSN or EIN); the 
nature of the account, banking information, the description of the 
project for which the account is to be created; income, business and 
financial information including the applicant and/or account holder's 
tax return, LLC and Partnership agreements; Coast Guard documentation, 
bills of sale, mortgages, etc.; identification of authorized 
representatives (accountant, attorney); and reports of account activity 
including all deposits and withdrawals. The system of records will 
include FCF claimants' identity (including full name, address, and, as 
applicable, the SSN or EIN); Vessel name and characteristics; fishing 
results for the three most recent trips; receipts for gear and 
equipment replaced; and information about the claimant's prior claims. 
The system of records will include Capacity Reduction program 
participants' identity (including full name, address, and, as 
applicable, the SSN or EIN); processor number, fish ticket information, 
receipt and payment information, and banking information.

Authorities for Maintenance of the System:
    Title XI of the Merchant Marine Act of 1936 as amended and 
codified, 46 U.S.C. 1177 and 46 U.S.C. 53701 et seq., the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et 
seq., and provisions of the Debt Collection Improvement Act as codified 
at 31 U.S.C. 7701.

Purpose(s):
    This information will allow NMFS to identify applicants and program 
participants and evaluate them for Financial Services Division 
financial assistance.

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, these records or information contained 
therein may specifically be disclosed outside of the Department. These 
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, contract or rule, regulation or order issued pursuant 
thereto, or protecting the interests of the Department.
    2. A record from this system of records may be disclosed in the 
course

[[Page 44595]]

of presenting evidence to a court, magistrate, or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    3. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof.
    4. 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.
    5. A record in this system will be disclosed to the Department of 
Treasury for the purpose of reporting and recouping delinquent debts 
owed to the United States pursuant to the Debt Collection Improvement 
Act of 1996.
    6. 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).
    7. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when: (1) It is suspected 
or confirmed that the security of 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 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 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    8. A record or information in this system of records may be 
disclosed to private sector appraisers, marine architects, attorneys, 
accountants, banks, lending institutions, real estate agents, brokers, 
title companies, state or local agencies, commercial registries, credit 
bureaus, rating agencies, and/or other persons and entities for the 
purpose of making credit and eligibility evaluations; lender due 
diligence investigations; CCF account validations; FCF claim 
adjustments; and/or the creation, attachment, perfection, maintenance, 
realization, or foreclosure of security interests.
    9. A record in this system of records may be disclosed, as a 
routine use, 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.
    10. 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.
    11. 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 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: Financial Services Divisions applications and related 
information are stored in a computerized database; CDs or DVDs; paper 
records stored in file folders in locked metal cabinets and/or locked 
rooms.
    Retrievability: Records are organized and retrieved by an NMFS 
internal identification number, name of entity, case number, vessel 
name or identification number, plant name, processor number, or claim 
number. Records can be accessed by any file element or any combination 
thereof.
    Safeguards: 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. Paper records are stored in a locked 
room and/or a locked file cabinet. Electronic records containing 
Privacy Act information are protected by a user identification/
password, and reside on an internal computer system protected by an 
electronic ``firewall'' to prevent access from outside the Federal 
facility. The user identification/password is issued to individuals by 
authorized personnel.
    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 
NITS SP 800-53, Recommended Security Controls for Federal Information 
Systems.
    Retention and Disposal: All records are retained and disposed of in 
accordance with National Archives and Records Administration 
regulations (35 CFR chapter XII, subchapter B--Records Management); 
Departmental directives and comprehensive records schedules; NOAA 
Administrative Order 205-01; and the NMFS Records Disposition Schedule, 
Chapter 1500.

System Managers and Addresses:
    For records at location a.: Chief, Northeast Financial Services 
Branch, 55 Great Republic Drive, Suite 02-700, Gloucester, MA 01930-
2209.
    For records at location b.: Chief, Southeast Financial Services 
Branch, 263 13th Avenue, South, St. Petersburg, FL 33702-2432.
    For records at location c.: Chief, Northwest Financial Services 
Branch, 7600 Sand Point Way NW., (Bin C15700) Bldg. #1, Seattle, WA 
98115.
    For records at location d.: Chief, Financial Services Division, 
1315 East West Highway, Silver Spring, MD 20910.

Notification Procedure:
    Individuals or businesses seeking to determine whether information 
about themselves is contained in this system should address written 
inquiries to the NOAA Privacy Act Officer: Privacy Act Officer, NOAA, 
1315 East West

[[Page 44596]]

Highway, Room 10641, Silver Spring, MD 20910.
    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 the nature of the record sought. 
All such requests must comply with the inquiry provisions of the 
Department's Privacy Act rules which appear at 15 CFR part 4, Appendix 
A.

Record 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 content, and for 
appealing initial determinations by the individual or business 
concerned are provided for in 15 CFR part 4, Appendix A.

Record Source Categories:
    Information in this system will be collected from individuals and 
businesses applying for Financial Systems Division financial 
assistance.

Exemption Claims for System:
    None.

    Dated: July 5, 2016.
Michael J. Toland,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2016-16171 Filed 7-7-16; 8:45 am]
 BILLING CODE 3510-22-P