Privacy Act of 1974; System of Records, 74742-74746 [2020-25540]
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74742
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
60-Day notice and request for
comments; extension of an existing
collection of information.
ACTION:
U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995 (PRA). The
information collection is published in
the Federal Register to obtain comments
from the public and affected agencies.
Comments are encouraged and must be
submitted no later than January 22, 2021
to be assured of consideration.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice must include
the OMB Control Number 1651–0048 in
the subject line and the agency name.
Please submit comments via email to
CBP_PRA@cbp.dhs.gov. Due to COVID–
19-related restrictions, CBP has
temporarily suspended its ability to
receive public comments by mail.
FOR FURTHER INFORMATION CONTACT:
Requests for additional PRA information
should be directed to Seth Renkema,
Chief, Economic Impact Analysis
Branch, U.S. Customs and Border
Protection, Office of Trade, Regulations
and Rulings, 90 K Street NE, 10th Floor,
Washington, DC 20229–1177,
Telephone number 202–325–0056 or via
email CBP_PRA@cbp.dhs.gov. Please
note that the contact information
provided here is solely for questions
regarding this notice. Individuals
seeking information about other CBP
programs should contact the CBP
National Customer Service Center at
877–227–5511, (TTY) 1–800–877–8339,
or CBP website at https://www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on the
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This process is conducted in
accordance with 5 CFR 1320.8. Written
comments and suggestions from the
public and affected agencies should
address one or more of the following
four points: (1) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
suggestions to enhance the quality,
SUMMARY:
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utility, and clarity of the information to
be collected; and (4) suggestions to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
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Dated: November 18, 2020.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2020–25819 Filed 11–20–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0231]
Title: Declaration of Person Who
Performed Repairs or Alterations.
OMB Number: 1651–0048.
Form Number: N/A.
Current Actions: CBP proposes to
extend the expiration date of this
information collection with no change
to the burden hours or to the
information collected.
Type of Review: Extension (without
change).
Affected Public: Businesses.
Abstract: The ‘‘Declaration of Person
Who Performed Repairs or Alterations,’’
as required by 19 CFR 10.8, is used in
connection with the entry of articles
entered under subheadings 9802.00.40
and 9802.00.50, Harmonized Tariff
Schedule of the United States (HTSUS,
https://hts.usitc.gov/current). Articles
entered under these HTSUS provisions
are articles that were temporarily
exported from the United States for
repairs or alterations, and are returned
to the United States. Upon their return,
duty is only assessed on the value of the
repairs or alterations performed abroad
and not on the full value of the article.
The declaration under 19 CFR 10.8
includes information, such as (1) a
description of the article and the repairs
or alterations, (2) the value of the article
and the repairs or alterations, and (3) a
declaration by the owner, importer,
consignee, or agent having knowledge of
the pertinent facts. The information in
this declaration is used by CBP to
determine the value of the repairs or
alterations, and to assess duty only on
the value of those repairs or alterations.
These requirements apply to the trade
community who are required by law to
provide this declaration.
Type of Information Collection:
Declaration for Repairs or Alterations.
Estimated Number of Respondents:
10,236.
Estimated Number of Annual
Responses per Respondent: 2.
Estimated Number of Total Annual
Responses: 20,472.
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Estimated Time per Response: 30
minutes (0.5 hours).
Estimated Total Annual Burden
Hours: 10,236.
Privacy Act of 1974; System of
Records
Department of Homeland
Security, United States Coast Guard.
ACTION: Notice of Modified Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/United
States Coast Guard (USCG)–061
Maritime Awareness Global Network
(MAGNET) System of Records.’’ The
modified system of records is to be
reissued and renamed as ‘‘DHS/USCG–
061 Maritime Analytic Support System
(MASS) System of Records.’’ This
system of records allows the DHS/USCG
to collect and maintain records in a
centralized location that relate to the
U.S. Coast Guard’s missions that are
found within the maritime domain. The
information covered by this system of
records is relevant to the eleven U.S.
Coast Guard statutory missions (Port,
Waterways, and Coastal Security
(PWCS); Drug Interdiction; Aid to
Maritime Navigation; Search and Rescue
(SAR) Operations; Protection of Living
Marine Resources; Ensuring Marine
Safety, Defense Readiness; Migrant
Interdiction; Marine Environmental
Protection; Ice Operations; and Law
Enforcement). DHS/USCG is updating
this system of records notice to include
and update additional data sources,
system security and auditing protocols,
routine uses, and user interfaces.
Additionally, DHS/USCG is
concurrently issuing a Notice of
Proposed Rulemaking, and subsequent
Final Rule, to exempt this system of
records from certain provisions of the
Privacy Act due to criminal, civil, and
administrative enforcement
requirements. Furthermore, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice.
SUMMARY:
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This modified system will be
included in DHS’s inventory of record
systems.
DATES: Submit comments on or before
December 23, 2020. This modified
system will be applicable December 23,
2020.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2020–0231 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Constantina Kozanas, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2020–0231. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Kathleen Claffie, (202) 475–3515, HQSDG-M-CG-61-PII@uscg.mil, Chief, Office
of Privacy Management (CG–6P), U.S.
Coast Guard, 2703 Martin Luther King,
Jr. Ave. SE, Stop 7710, Washington, DC
20593–7710. For privacy questions,
please contact: Constantina Kozanas,
(202) 343–1717, Privacy@hq.dhs.gov,
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS)/U.S. Coast
Guard (USCG) proposes to modify and
reissue a current DHS system of records
titled, ‘‘DHS/USCG–061 Maritime
Awareness Global Network (MAGNET)
System of Records.’’ The modified
system of records is to be reissued and
renamed as ‘‘DHS/USCG Maritime
Analytic Support System (MASS)
System of Records.’’
The Coast Guard’s enterprise
modernization to the MAGNet
framework prompted the need to reissue
this SORN. The updated framework
enables the U.S. Coast Guard to:
(1) Improve the system’s security
protocols by enhancing system access
authentication processes.
(2) Enhance data management
services by hosting MASS in a cloud
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environment, allowing USCG to apply
new technologies to better tag data for
retention, access, and use purposes.
(3) Refresh user interfaces making
MASS more user-friendly and intuitive
to access and use.
(4) Ingest new data sources on an asneeded basis in the future more easily.
(5) Update routine uses for MASS by
either adding or removing previous
routine uses. A new routine use (D) is
being added to account for disclosures
relating to performing audit or oversight
operations; new routine uses (E) and (F)
are being added to conform to Office of
Management and Budget M–17–12,
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information’’ (January 3, 2017); a new
routine use (I) is being added to account
for disclosures related to investigating
threats or potential threats to national or
international security or assisting in
counterterrorism efforts; a new routine
use (N) is being added to account for
disclosures related to the purpose of
testing new technology; and a new
routine use (O) is being added to
account for disclosures to news media
and public with the approval of the
Chief Privacy Officer. Previous routine
uses (A), (C), (E), and (K) have been
removed as disclosures are authorized
under new routine uses (D), (H), (H),
and (A), respectively. Finally, USCG is
re-lettering several of the routine uses to
align with these changes.
These updates better accommodate
the accomplishment of the eleven U.S.
Coast Guard statutory missions. Those
missions require the collection of a wide
range of information, including
personally identifiable information (PII).
The collection and use of PII is required
to effectively conduct the
responsibilities associated with these
mission areas and promote Maritime
Domain Awareness (MDA).
MASS provides storage and access to
maritime information and provides
basic search capabilities either by a
person or by vessel. Person searches
may be retrieved by passport or
merchant mariner license number.
Vessel searches may be retrieved by
vessel name, hull identification, or
registration number. MASS enhances
current capabilities by adding data
sources, media storage, access
capabilities, and infrastructure to
provide rapid, near real-time data to the
USCG and other authorized
organizations. MASS users leverage the
ability to share, correlate, and provide
classified and unclassified data across
agency lines to provide MDA critical to
homeland and national security and
safety.
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MASS receives data from several
systems both within and outside of DHS
through electronic transfers of
information. These electronic transfers
include the use of Secure File Transfer
Protocol (SFTP), system-to-system
communications via specially written
internet Protocol socket-based data
streaming, database-to-database
replication of data, electronic transfer of
database transactional backup files, and
delivery of formatted data via electronic
mail.
Consistent with DHS’s information
sharing mission, information stored in
MASS may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/USCG may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Additionally, DHS/USCG is updating
rulemaking associated with this system
of records to exempt certain provisions
of the Privacy Act due to criminal, civil,
and administrative enforcement
requirements. Furthermore, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice.
This modified system will be
included in DHS’s inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. Similarly, the Judicial Redress
Act (JRA) provides covered persons the
statutory right to make requests for
access and amendment to covered
records, as defined by the JRA, along
with judicial review for denials of such
requests. In addition, the JRA prohibits
disclosures of covered records, except as
otherwise permitted by the Privacy Act.
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Below is the description of the DHS/
USCG Maritime Awareness Support
System (MASS) System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
revised system of records to the Office
of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security
(DHS)/United States Coast Guard
(USCG)–061 Maritime Analytic Support
System (MASS).
SECURITY CLASSIFICATION:
Unclassified, Classified.
SYSTEM LOCATION:
Records may be maintained at all
locations at which the USCG operates or
at which Coast Guard operations are
supported including: U.S. Coast Guard
Headquarters and field offices as listed
on the USCG website. System
information may be duplicated at other
locations where the USCG has been
granted direct access for support of
Coast Guard missions for purposes of
system back up, emergencies,
preparedness, and/or continuity of
operations. The main system is
currently located at U.S. Coast Guard
Intelligence Coordination Center,
Department of Homeland Security,
National Maritime Intelligence Center,
Washington, DC 20395.
SYSTEM MANAGER(S):
Commandant, Coast Guard
Intelligence (CG–2), U.S. Coast Guard
Headquarters, 2701 Martin Luther King,
Jr. Avenue SE, Washington, DC 20032.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Maritime information is critical to
accomplish the eleven Coast Guard
statutory missions mentioned above.
The collection of the pertinent
information in support of these missions
have been authorized by: 14 United
States Code (U.S.C.) 1, 2, 81, 88, 89, 91,
93, 94, 141, 143, 634; 19 U.S.C. 1401; 33
U.S.C. 1221, 1223, 1321; 46 U.S.C. 2306,
3306, 3717, 12501; 46 U.S.C. 3306; 50
U.S.C. 191; 33 U.S.C. 1223; the
Magnuson-Stevens Fisheries
Conservation and Management Act, 16
U.S.C. 1801; the Lacey Act, 16 U.S.C.
3371–78; the Endangered Species Act,
16 U.S.C. 1531–44; the National Marine
Sanctuaries Act, 16 U.S.C. 1431–45; The
Espionage Act of 1917; 33 U.S.C. 1221,
The Ports and Waterways Safety Act
(PWSA); The Maritime Transportation
Security Act of 2002 (MTSA), Public
Law No. 107–295; The Homeland
Security Act of 2002, Public Law No.
107–296; National Presidential Security
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Directive 41 (NPSD); and 33 Code of
Federal Regulations (CFR) Part 160.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
enhance the U.S. Coast Guard’s
capabilities by developing a total
picture of the maritime environment
and the people, places, and things that
affect it. The enhancements of this
picture effectively promote the
successful execution of the Coast
Guard’s statutory missions of Port,
Waterways, and Coastal Security
(PWCS); Drug Interdiction; Aid to
Maritime Navigation; Search and Rescue
(SAR) Operations; Protection of Living
Marine Resources; Ensuring Marine
Safety; Defense Readiness; Migrant
Interdiction; Marine Environmental
Protection; Ice Operations; and Law
Enforcement.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. Individuals associated with vessels,
facilities, companies, organizations, and
ports involved in the maritime sector.
2. Individuals identified through
observation by and interaction with
Coast Guard personnel during Coast
Guard operations that include boarding
of vessels, conducting aircraft overflights, and through Field Intelligence
Support team (FIST) sightings and
reports.
3. Individuals identified during Coast
Guard enforcement actions as violating,
suspected of violating, or witnessing the
violations of U.S. laws, international
laws, or treaties.
4. Individuals associated with vessels
or other individuals that are known,
suspected, or alleged to be involved in
contraband trafficking, illegal migrant
activity (smuggling, trafficking, and
otherwise), or terrorist activity.
5. Any other individual not listed
above who operates in, or affects, the
maritime domain.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Information related to individuals
associated with vessels, companies,
organizations, and ports involved in the
maritime sector includes:
• Name;
• Nationality;
• Address;
• Telephone number;
• Taxpayer or other identification
number;
• Date of birth;
• Relationship to vessels and
facilities;
• The individuals’ relationship to
other individuals, companies,
government agencies, and organizations
in MASS;
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• Individuals involved with pollution
incidents, and violations of laws and
international treaties; and casualties to
include publicly available information;
and
• Information gathered from publicly
available social media.
2. Field Intelligence Reports, Requests
for Information, Intelligence Information
Reports, Situation Reports, Operational
Status Reports, and Operations Reports
on:
A. Individuals who are associated
with vessels involved in contraband
trafficking, illegal migrant activity (e.g.,
smuggling, trafficking), or any other
unlawful act within the maritime sector,
and with other individuals who are
known, suspected, or alleged to be
involved in contraband trafficking,
illegal migrant activity (e.g., smuggling,
trafficking), terrorist activities, or any
other unlawful act within the maritime
sector.
B. Individuals, companies, vessels, or
entities associated with the maritime
industry (e.g., vessel owners, vessel
operators, vessel characteristics,
crewmen, passengers, facility owners,
facility managers, facility employees, or
any other individuals affiliated with the
maritime community) to include
publicly available information
(including social media sources).
C. Commodities handled, equipment,
location, certificates, approvals,
inspection data, pollution incidents,
casualties, and violations of all laws and
international treaties.
RECORD SOURCE CATEGORIES:
Information contained in MASS is
gathered from a variety of sources both
internal and external to the Coast Guard.
Source information may come from
sensors, inspections, boardings,
investigations, documentation offices,
vessel notice of arrival reports, owners,
operators, crew members, agents,
passengers, witnesses, employees, U.S.
Coast Guard personnel, law enforcement
notices, commercial sources, as well as
other federal, state, local, and
international agencies that are related to
the maritime sector and/or national
security sector. In addition, MASS
maintains information from open source
data (i.e., publicly available
information) including social media
sources.
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, all or a
portion of the records or information
contained in this system may be
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disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including the U.S. Attorneys Offices, or
other federal agencies conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
only when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration (GSA)
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization
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 there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach, there is
a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the federal
government, or national security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another federal agency or
federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
federal government, or national security,
resulting from a suspected or confirmed
breach.
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G. 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.
H. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
I. To an appropriate federal, state,
territorial, tribal, local, international, or
foreign government intelligence entity,
counterterrorism agency, or other
appropriate authority charged with
investigating threats or potential threats
to national or international security or
assisting in counterterrorism efforts,
when a record, either on its face or in
conjunction with other information,
identifies a threat or potential threat to
national or international security, or
DHS reasonably believes the
information may be useful in countering
a threat or potential treat, which
includes terrorist and espionage
activities, and disclosure is appropriate
to the proper performance of the official
duties of the person receiving the
disclosure.
J. To an appropriate federal, state, or
local agency entity, or other appropriate
entities or individuals, or through
established liaison channels to selected
foreign governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
intelligence, counterintelligence, or
antiterrorism activities authorized by
U.S. law, Executive Order, or other
applicable national security directive.
K. To appropriate federal, state, local,
tribal, foreign governmental agencies,
multilateral governmental organizations,
and non-governmental or private
organizations for the purpose of
protecting the vital interests of a data
subject or their persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
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public health threats; appropriate notice
will be provided of any identified health
threat or risk.
L. To the International Maritime
Organization (IMO), intergovernmental
organizations, nongovernmental
organizations, or foreign governments in
order to conduct investigations,
operations, and inspections pursuant to
its authority.
M. To an organization or individual in
either the public or private sector, either
foreign or domestic, when there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, to the
extent the information is relevant to the
protection of life or property and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
N. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data for
purposes of testing new technology.
O. 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, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS/USCG stores records in this
system electronically in a database. The
records may be stored on magnetic disc,
tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
DHS/USCG may retrieve records by
name (individual, company,
government agency or organization),
boat registration number, documented
vessel name/number, tax payer or other
identification number, address, and
telephone number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Dynamic information on vessel
position(s) and movement(s) will be
readily retrievable for three (3) years
and then archived. Seven (7) years after
being archived the records will be
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deleted from the system. The other
information discussed in the Categories
of Records section will be readily
retrievable for five (5) years and then
archived. Ten (10) years after being
archived the records will be deleted
from the system. This information is
stored for this length of time to ensure
the analytic process is properly
informed and to show patterns or
history to analysts in the course of their
duty. The requirements supporting the
collection and storage of data are
reviewed regularly.
Audit records, maintained to
document access to information relating
to specific individuals, will be readily
retrievable for 90 days and then moved
to long term storage. After five (5) years
the records will be deleted from the
system. Access to audit records will
only be granted to authorized personnel.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/USCG safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. USCG has imposed
strict controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement and intelligence
system. However, DHS/USCG will
consider individual requests to
determine whether information may be
released. Individuals seeking access to
and notification of any record contained
in this system of records, or seeking to
contest its content, may submit a
request in writing to the Chief Privacy
Officer and U.S. Coast Guard FOIA
Office (CG–611), whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘Contacts
Information.’’ If an individual believes
more than one DHS Component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, Department of
Homeland Security, Washington, DC
20528–0655. Even if neither the Privacy
Act nor the Judicial Redress Act provide
a right of access, certain records about
VerDate Sep<11>2014
17:07 Nov 20, 2020
Jkt 253001
the individual may be available under
the Freedom of Information Act (FOIA).
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
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, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, https://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why he or she believes the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believes may have
the information;
• Specify when the individual
believes the records would have been
created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
individual certifying his/her agreement
for the first individual to access his/her
records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
Because this system contains
classified and sensitive but unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsections
(j)(2) and (k)(1) and (2) of the Privacy
Act. A request to amend non-exempt
records in this system may be made by
writing to the System Manager,
identified above, in conformance with 6
CFR part 5, subpart B, which provides
the rules for requesting access to Privacy
Act records maintained by DHS.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8); (f); and (g)(1). Additionally,
the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1), and
(k)(2), has exempted this system from
the following provisions of the Privacy
Act, 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
When this system receives a record from
another system exempted in that source
system under 5 U.S.C. 552a(j)(2), DHS
will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated and claims any
additional exemptions set forth here.
HISTORY:
73 FR 28143 (May 15, 2008); 73 FR
56924 (Final Rule) (Sept. 30, 2008).
Constantina Kozanas,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–25540 Filed 11–20–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0125]
Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Customer Profile Management SystemIDENTity Verification Tool (CPMS–IVT)
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting 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 purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: Comments are encouraged and
will be accepted until December 23,
2020.
SUMMARY:
E:\FR\FM\23NON1.SGM
23NON1
Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74742-74746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25540]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2020-0231]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security, United States Coast Guard.
ACTION: Notice of Modified Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/United States Coast Guard (USCG)-061
Maritime Awareness Global Network (MAGNET) System of Records.'' The
modified system of records is to be reissued and renamed as ``DHS/USCG-
061 Maritime Analytic Support System (MASS) System of Records.'' This
system of records allows the DHS/USCG to collect and maintain records
in a centralized location that relate to the U.S. Coast Guard's
missions that are found within the maritime domain. The information
covered by this system of records is relevant to the eleven U.S. Coast
Guard statutory missions (Port, Waterways, and Coastal Security (PWCS);
Drug Interdiction; Aid to Maritime Navigation; Search and Rescue (SAR)
Operations; Protection of Living Marine Resources; Ensuring Marine
Safety, Defense Readiness; Migrant Interdiction; Marine Environmental
Protection; Ice Operations; and Law Enforcement). DHS/USCG is updating
this system of records notice to include and update additional data
sources, system security and auditing protocols, routine uses, and user
interfaces. Additionally, DHS/USCG is concurrently issuing a Notice of
Proposed Rulemaking, and subsequent Final Rule, to exempt this system
of records from certain provisions of the Privacy Act due to criminal,
civil, and administrative enforcement requirements. Furthermore, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice.
[[Page 74743]]
This modified system will be included in DHS's inventory of record
systems.
DATES: Submit comments on or before December 23, 2020. This modified
system will be applicable December 23, 2020.
ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0231 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2020-0231. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Kathleen Claffie, (202) 475-3515, [email protected], Chief,
Office of Privacy Management (CG-6P), U.S. Coast Guard, 2703 Martin
Luther King, Jr. Ave. SE, Stop 7710, Washington, DC 20593-7710. For
privacy questions, please contact: Constantina Kozanas, (202) 343-1717,
[email protected], Chief Privacy Officer, Privacy Office, Department
of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS)/U.S. Coast Guard (USCG) proposes
to modify and reissue a current DHS system of records titled, ``DHS/
USCG-061 Maritime Awareness Global Network (MAGNET) System of
Records.'' The modified system of records is to be reissued and renamed
as ``DHS/USCG Maritime Analytic Support System (MASS) System of
Records.''
The Coast Guard's enterprise modernization to the MAGNet framework
prompted the need to reissue this SORN. The updated framework enables
the U.S. Coast Guard to:
(1) Improve the system's security protocols by enhancing system
access authentication processes.
(2) Enhance data management services by hosting MASS in a cloud
environment, allowing USCG to apply new technologies to better tag data
for retention, access, and use purposes.
(3) Refresh user interfaces making MASS more user-friendly and
intuitive to access and use.
(4) Ingest new data sources on an as-needed basis in the future
more easily.
(5) Update routine uses for MASS by either adding or removing
previous routine uses. A new routine use (D) is being added to account
for disclosures relating to performing audit or oversight operations;
new routine uses (E) and (F) are being added to conform to Office of
Management and Budget M-17-12, ``Preparing for and Responding to a
Breach of Personally Identifiable Information'' (January 3, 2017); a
new routine use (I) is being added to account for disclosures related
to investigating threats or potential threats to national or
international security or assisting in counterterrorism efforts; a new
routine use (N) is being added to account for disclosures related to
the purpose of testing new technology; and a new routine use (O) is
being added to account for disclosures to news media and public with
the approval of the Chief Privacy Officer. Previous routine uses (A),
(C), (E), and (K) have been removed as disclosures are authorized under
new routine uses (D), (H), (H), and (A), respectively. Finally, USCG is
re-lettering several of the routine uses to align with these changes.
These updates better accommodate the accomplishment of the eleven
U.S. Coast Guard statutory missions. Those missions require the
collection of a wide range of information, including personally
identifiable information (PII). The collection and use of PII is
required to effectively conduct the responsibilities associated with
these mission areas and promote Maritime Domain Awareness (MDA).
MASS provides storage and access to maritime information and
provides basic search capabilities either by a person or by vessel.
Person searches may be retrieved by passport or merchant mariner
license number. Vessel searches may be retrieved by vessel name, hull
identification, or registration number. MASS enhances current
capabilities by adding data sources, media storage, access
capabilities, and infrastructure to provide rapid, near real-time data
to the USCG and other authorized organizations. MASS users leverage the
ability to share, correlate, and provide classified and unclassified
data across agency lines to provide MDA critical to homeland and
national security and safety.
MASS receives data from several systems both within and outside of
DHS through electronic transfers of information. These electronic
transfers include the use of Secure File Transfer Protocol (SFTP),
system-to-system communications via specially written internet Protocol
socket-based data streaming, database-to-database replication of data,
electronic transfer of database transactional backup files, and
delivery of formatted data via electronic mail.
Consistent with DHS's information sharing mission, information
stored in MASS may be shared with other DHS Components that have a need
to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/USCG may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
Additionally, DHS/USCG is updating rulemaking associated with this
system of records to exempt certain provisions of the Privacy Act due
to criminal, civil, and administrative enforcement requirements.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
This modified system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Similarly, the Judicial Redress Act (JRA) provides
covered persons the statutory right to make requests for access and
amendment to covered records, as defined by the JRA, along with
judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
[[Page 74744]]
Below is the description of the DHS/USCG Maritime Awareness Support
System (MASS) System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security (DHS)/United States Coast Guard
(USCG)-061 Maritime Analytic Support System (MASS).
SECURITY CLASSIFICATION:
Unclassified, Classified.
SYSTEM LOCATION:
Records may be maintained at all locations at which the USCG
operates or at which Coast Guard operations are supported including:
U.S. Coast Guard Headquarters and field offices as listed on the USCG
website. System information may be duplicated at other locations where
the USCG has been granted direct access for support of Coast Guard
missions for purposes of system back up, emergencies, preparedness,
and/or continuity of operations. The main system is currently located
at U.S. Coast Guard Intelligence Coordination Center, Department of
Homeland Security, National Maritime Intelligence Center, Washington,
DC 20395.
SYSTEM MANAGER(S):
Commandant, Coast Guard Intelligence (CG-2), U.S. Coast Guard
Headquarters, 2701 Martin Luther King, Jr. Avenue SE, Washington, DC
20032.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Maritime information is critical to accomplish the eleven Coast
Guard statutory missions mentioned above. The collection of the
pertinent information in support of these missions have been authorized
by: 14 United States Code (U.S.C.) 1, 2, 81, 88, 89, 91, 93, 94, 141,
143, 634; 19 U.S.C. 1401; 33 U.S.C. 1221, 1223, 1321; 46 U.S.C. 2306,
3306, 3717, 12501; 46 U.S.C. 3306; 50 U.S.C. 191; 33 U.S.C. 1223; the
Magnuson-Stevens Fisheries Conservation and Management Act, 16 U.S.C.
1801; the Lacey Act, 16 U.S.C. 3371-78; the Endangered Species Act, 16
U.S.C. 1531-44; the National Marine Sanctuaries Act, 16 U.S.C. 1431-45;
The Espionage Act of 1917; 33 U.S.C. 1221, The Ports and Waterways
Safety Act (PWSA); The Maritime Transportation Security Act of 2002
(MTSA), Public Law No. 107-295; The Homeland Security Act of 2002,
Public Law No. 107-296; National Presidential Security Directive 41
(NPSD); and 33 Code of Federal Regulations (CFR) Part 160.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to enhance the U.S. Coast Guard's
capabilities by developing a total picture of the maritime environment
and the people, places, and things that affect it. The enhancements of
this picture effectively promote the successful execution of the Coast
Guard's statutory missions of Port, Waterways, and Coastal Security
(PWCS); Drug Interdiction; Aid to Maritime Navigation; Search and
Rescue (SAR) Operations; Protection of Living Marine Resources;
Ensuring Marine Safety; Defense Readiness; Migrant Interdiction; Marine
Environmental Protection; Ice Operations; and Law Enforcement.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. Individuals associated with vessels, facilities, companies,
organizations, and ports involved in the maritime sector.
2. Individuals identified through observation by and interaction
with Coast Guard personnel during Coast Guard operations that include
boarding of vessels, conducting aircraft over-flights, and through
Field Intelligence Support team (FIST) sightings and reports.
3. Individuals identified during Coast Guard enforcement actions as
violating, suspected of violating, or witnessing the violations of U.S.
laws, international laws, or treaties.
4. Individuals associated with vessels or other individuals that
are known, suspected, or alleged to be involved in contraband
trafficking, illegal migrant activity (smuggling, trafficking, and
otherwise), or terrorist activity.
5. Any other individual not listed above who operates in, or
affects, the maritime domain.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Information related to individuals associated with vessels,
companies, organizations, and ports involved in the maritime sector
includes:
Name;
Nationality;
Address;
Telephone number;
Taxpayer or other identification number;
Date of birth;
Relationship to vessels and facilities;
The individuals' relationship to other individuals,
companies, government agencies, and organizations in MASS;
Individuals involved with pollution incidents, and
violations of laws and international treaties; and casualties to
include publicly available information; and
Information gathered from publicly available social media.
2. Field Intelligence Reports, Requests for Information,
Intelligence Information Reports, Situation Reports, Operational Status
Reports, and Operations Reports on:
A. Individuals who are associated with vessels involved in
contraband trafficking, illegal migrant activity (e.g., smuggling,
trafficking), or any other unlawful act within the maritime sector, and
with other individuals who are known, suspected, or alleged to be
involved in contraband trafficking, illegal migrant activity (e.g.,
smuggling, trafficking), terrorist activities, or any other unlawful
act within the maritime sector.
B. Individuals, companies, vessels, or entities associated with the
maritime industry (e.g., vessel owners, vessel operators, vessel
characteristics, crewmen, passengers, facility owners, facility
managers, facility employees, or any other individuals affiliated with
the maritime community) to include publicly available information
(including social media sources).
C. Commodities handled, equipment, location, certificates,
approvals, inspection data, pollution incidents, casualties, and
violations of all laws and international treaties.
RECORD SOURCE CATEGORIES:
Information contained in MASS is gathered from a variety of sources
both internal and external to the Coast Guard. Source information may
come from sensors, inspections, boardings, investigations,
documentation offices, vessel notice of arrival reports, owners,
operators, crew members, agents, passengers, witnesses, employees, U.S.
Coast Guard personnel, law enforcement notices, commercial sources, as
well as other federal, state, local, and international agencies that
are related to the maritime sector and/or national security sector. In
addition, MASS maintains information from open source data (i.e.,
publicly available information) including social media sources.
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, all or a portion of the records or
information contained in this system may be
[[Page 74745]]
disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3)
as follows:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity only when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration (GSA) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, DHS
(including its information systems, programs, and operations), the
federal government, or national security; 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 breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the federal
government, or national security, resulting from a suspected or
confirmed breach.
G. 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.
H. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
I. To an appropriate federal, state, territorial, tribal, local,
international, or foreign government intelligence entity,
counterterrorism agency, or other appropriate authority charged with
investigating threats or potential threats to national or international
security or assisting in counterterrorism efforts, when a record,
either on its face or in conjunction with other information, identifies
a threat or potential threat to national or international security, or
DHS reasonably believes the information may be useful in countering a
threat or potential treat, which includes terrorist and espionage
activities, and disclosure is appropriate to the proper performance of
the official duties of the person receiving the disclosure.
J. To an appropriate federal, state, or local agency entity, or
other appropriate entities or individuals, or through established
liaison channels to selected foreign governments, in order to provide
intelligence, counterintelligence, or other information for the
purposes of intelligence, counterintelligence, or antiterrorism
activities authorized by U.S. law, Executive Order, or other applicable
national security directive.
K. To appropriate federal, state, local, tribal, foreign
governmental agencies, multilateral governmental organizations, and
non-governmental or private organizations for the purpose of protecting
the vital interests of a data subject or their persons, including to
assist such agencies or organizations in preventing exposure to or
transmission of a communicable or quarantinable disease or to combat
other significant public health threats; appropriate notice will be
provided of any identified health threat or risk.
L. To the International Maritime Organization (IMO),
intergovernmental organizations, nongovernmental organizations, or
foreign governments in order to conduct investigations, operations, and
inspections pursuant to its authority.
M. To an organization or individual in either the public or private
sector, either foreign or domestic, when there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
N. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology.
O. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/USCG stores records in this system electronically in a
database. The records may be stored on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/USCG may retrieve records by name (individual, company,
government agency or organization), boat registration number,
documented vessel name/number, tax payer or other identification
number, address, and telephone number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Dynamic information on vessel position(s) and movement(s) will be
readily retrievable for three (3) years and then archived. Seven (7)
years after being archived the records will be
[[Page 74746]]
deleted from the system. The other information discussed in the
Categories of Records section will be readily retrievable for five (5)
years and then archived. Ten (10) years after being archived the
records will be deleted from the system. This information is stored for
this length of time to ensure the analytic process is properly informed
and to show patterns or history to analysts in the course of their
duty. The requirements supporting the collection and storage of data
are reviewed regularly.
Audit records, maintained to document access to information
relating to specific individuals, will be readily retrievable for 90
days and then moved to long term storage. After five (5) years the
records will be deleted from the system. Access to audit records will
only be granted to authorized personnel.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/USCG safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. USCG has imposed strict controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement and intelligence system. However, DHS/
USCG will consider individual requests to determine whether information
may be released. Individuals seeking access to and notification of any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and U.S. Coast Guard FOIA Office (CG-611), whose contact information
can be found at https://www.dhs.gov/foia under ``Contacts Information.''
If an individual believes more than one DHS Component maintains Privacy
Act records concerning him or her, the individual may submit the
request to the Chief Privacy Officer and Chief Freedom of Information
Act Officer, Department of Homeland Security, Washington, DC 20528-
0655. Even if neither the Privacy Act nor the Judicial Redress Act
provide a right of access, certain records about the individual may be
available under the Freedom of Information Act (FOIA).
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's 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, an individual may obtain forms for this
purpose from the Chief Privacy Officer and Chief Freedom of Information
Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition,
the individual should:
Explain why he or she believes the Department would have
information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
Specify when the individual believes the records would
have been created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second individual certifying his/her agreement for the first
individual to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
Because this system contains classified and sensitive but
unclassified information related to intelligence, counterterrorism,
homeland security, and law enforcement programs, records in this system
have been exempted from notification, access, and amendment to the
extent permitted by subsections (j)(2) and (k)(1) and (2) of the
Privacy Act. A request to amend non-exempt records in this system may
be made by writing to the System Manager, identified above, in
conformance with 6 CFR part 5, subpart B, which provides the rules for
requesting access to Privacy Act records maintained by DHS.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and
(g)(1). Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(1), and (k)(2), has exempted this system from the
following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When this system
receives a record from another system exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claims any additional exemptions set
forth here.
HISTORY:
73 FR 28143 (May 15, 2008); 73 FR 56924 (Final Rule) (Sept. 30,
2008).
Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-25540 Filed 11-20-20; 8:45 am]
BILLING CODE 9110-04-P