Privacy Act of 1974; Department of Transportation, Maritime Administration; DOT/MARAD 035; United States Merchant Marine Academy (USMMA) Student Religious Accommodations Files, 73409-73412 [2021-28077]

Agencies

• Maritime Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73409-73412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28077]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2021-0269]


Privacy Act of 1974; Department of Transportation, Maritime 
Administration; DOT/MARAD 035; United States Merchant Marine Academy 
(USMMA) Student Religious Accommodations Files

AGENCY: Maritime Administration, Transportation (DOT).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Maritime 
Administration (MARAD) intends to establish a new system of records for 
the United States Merchant Marine Academy (USMMA) entitled ``DOT/MARAD 
035--USMMA Student Religious Accommodations Files.'' This system allows 
MARAD/USMMA to collect, use, maintain, and disseminate the records 
needed to process, manage, maintain, and resolve reasonable 
accommodation requests from USMMA students and accepted applicants 
based on religious belief, practice, or observance. This includes 
requests for accommodation to decline vaccinations. The information 
will be used to make determinations for exemptions to vaccination 
requirements. MARAD/USMMA is required to consider reasonable 
accommodation requests in accordance with applicable law including the 
Religious Freedom Restoration Act and Executive Order 13160, 
Nondiscrimination on the Basis of Race, Sex, Color, National Origin, 
Disability, Religion, Age, Sexual Orientation, and Status as a Parent 
in Federally Conducted Education and Training Programs.

DATES: This new system of records is effective upon publication; 
however, comments on the Routine Uses will be accepted on or before 
January 26, 2022. The Routine Uses will become effective at the close 
of the comment period. MARAD may publish an amended System of Records 
Notice (SORN) in light of any comments received.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2021-0269 by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Search 
``MARAD-2021-0269'' and follow the instructions for submitting 
comments.
     Email: [email protected]. Include ``MARAD-2021-
0269'' in the subject line of the message.
     Mail/Hand-Delivery/Courier: Docket Management Facility; 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-
140, Washington, DC 20590. If you would like to know that your comments 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. The Docket Management Facility is open 9:00 a.m. to 5:00 
p.m., Monday through Friday, except on Federal holidays.
    You may view the public comments submitted on this rulemaking at 
www.regulations.gov.
    When searching for comments, please use the Docket ID: MARAD-2021-
0269. An electronic copy of this document may also be downloaded from 
the Office of the Federal Register's website at www.FederalRegister.gov 
and the Government Publishing Office's website at www.GovInfo.gov.

    Note: If you mail or hand-deliver your input, we recommend that 
you include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission. If you submit 
your inputs by mail or hand-delivery, they must be submitted in an 
unbound format, no larger than 8 \1/2\ by 11 inches, single-sided, 
suitable for copying and electronic filing.

    Instructions: All submissions received must include the agency name 
and docket number. All comments received will be posted without change 
to the docket at www.regulations.gov, including any personal 
information provided. For detailed instructions on submitting comments 
and additional information on the rulemaking process, see the section 
entitled Public Participation.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact Karyn Gorman, Acting Departmental Chief Privacy Officer, 
Department of Transportation, S-83, Washington, DC 20590, Email: 
[email protected], Tel. (202) 366-3140.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, MARAD is 
proposing a new system of records entitled ``DOT/MARAD 035--USMMA 
Student Religious Accommodations Files.'' Executive Order 13160, 
Nondiscrimination on the Basis of Race, Sex, Color, National Origin, 
Disability, Religion, Age, Sexual Orientation, and Status as a Parent 
in Federally Conducted Education and Training Programs and the 
Religious Freedom Restoration Act (RFRA)], 42 U.S.C. 2000bb et seq., 
require MARAD/USMMA to provide religious accommodations in some 
circumstances. MARAD/USMMA is required to collect information on 
religious accommodation requests to determine eligibility for religious 
accommodations, and grant or deny accommodation or exemption for such a 
request. This system will collect information related to individuals 
requesting religious exemptions from vaccines or other accommodations 
necessary for the free exercise of religion. By requesting a religious 
accommodation, individuals are authorizing MARAD/USMMA to collect and 
maintain a record of information pertaining to the exercise of 
religious beliefs protected by the First Amendment.

[[Page 73410]]

    In order to make a determination regarding religious accommodation, 
the USMMA must collect information from the accepted applicant or 
student applying for accommodation. The information contained within 
this system of records will be collected directly from individual USMMA 
students and accepted applicants who are the subject of the record. 
This new system will be included in MARAD's inventory of record 
systems.
    MARAD has also included DOT General Routine Uses, to the extent 
they are compatible with the purposes of this System. As recognized by 
the Office of Management and Budget (OMB) in its Privacy Act 
Implementation Guidance and Responsibilities (65 FR 19746 (July 9, 
1975)), the routine uses include proper and necessary uses of 
information in the system, even if such uses occur infrequently. MARAD 
is including in this notice routine uses for disclosures to law 
enforcement when the record, on its face, indicates a violation of law, 
to DOJ for litigation purposes, or when necessary in investigating or 
responding to a breach of this system or other agencies' systems. MARAD 
may disclose to Federal, State, local, or foreign agency information 
relevant to law enforcement, litigation, and proceedings before any 
court or adjudicative or administrative body. OMB has long recognized 
that these types of routine uses are ``proper and necessary'' uses of 
information and qualify as compatible with agency systems (65 FR 19476, 
April 11, 2000). In addition, OMB Memorandum M-17-12, directed agencies 
to include routine uses that will permit sharing of information when 
needed to investigate, respond to, and mitigate a breach of a Federal 
information system. MARAD has also included routine uses that permit 
sharing with the National Archives and Records Administration when 
necessary for an inspection, to any Federal government agency engaged 
in audit or oversight related to this system. MARAD also has included 
routine uses that permit the sharing of information necessary for 
transferring USMMA students either to other schools or to the military, 
as it relates to requests under the Family Education Rights and Privacy 
Act (FERPA), as well as when in connection to the hiring, firing, or 
retention of an employee or contractor, or the issuance of a security 
clearance, license, certification, contract, grant, or other benefit. 
These types of disclosures are necessary and proper uses of information 
in this system because they further MARAD's obligation to fulfil its 
records management and program management responsibilities by 
facilitating accountability to agencies charged with oversight in these 
areas.

Public Participation

How do I submit comments on the proposed rule?

    Your comments must be written and in English. Include the docket 
number in your comments to ensure that your comments are correctly 
filed in the Docket. We encourage you to provide concise comments; 
however, you may attach additional documents as necessary. There is no 
limit on the length of the attachments. Please submit your comments, 
including the attachments, following the instructions provided under 
the above entitled heading ADDRESSES.
    MARAD will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent possible, MARAD will also consider comments received after 
that date.
    For access to the docket to submit or read comments received, go to 
the Docket Management Facility, U.S. Department of Transportation, 1200 
New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 
20590. The Docket Management Facility is open 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except on Federal holidays. To review documents, 
read comments or to submit comments, the docket is also available 
online at www.regulations.gov., keyword search ``MARAD-2021-0269.''

Will my comments be made available to the public?

    Before including your address, phone number, email address or other 
personal information in your comment, be aware that your entire 
comment, including your personal identifying information, will be made 
publicly available. Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.).

May I submit comments confidentially?

    If you wish to submit comments under a claim of confidentiality, 
you should submit your complete submission, including the information 
you claim to be confidential business information, to the Department of 
Transportation, Maritime Administration, Office of Legislation and 
Regulations, MAR-225, W24-220, 1200 New Jersey Avenue SE, Washington, 
DC 20590. When you submit comments containing information claimed to be 
confidential information, you should include a cover letter setting 
forth with specificity the basis for any such claim and, if possible, a 
summary of your submission that can be made available to the public.

Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the 
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. The Privacy Act extends rights and protections to 
individuals who are U.S. citizens and lawful permanent residents. 
Additionally, the Judicial Redress Act (JRA) provides a covered person 
with a 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. You 
may review the DOT's complete Privacy Act statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
https://DocketsInfo.dot.gov.
    Below is the description of the USMMA Student Religious 
Accommodations Files System of Records. In accordance with 5 U.S.C. 
552a(r), MARAD has provided a report of this system of records to the 
OMB and to Congress.

SYSTEM NAME AND NUMBER:
    DOT/MARAD 035; USMMA Student Religious Accommodations Files

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained by the United States Merchant Marine Academy 
(USMMA), 300 Steamboat Road, Kings Point, NY 11024, and other MARAD or 
Department of Transportation installations or offices.

SYSTEM MANAGER(S):
    Commandant of Midshipmen, 300 Steamboat Road, Kings Point, New York 
11024, [email protected], (516) 726-5664.

[[Page 73411]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     Executive Order 13160 of June 23, 2000--Nondiscrimination 
on the Basis of Race, Sex, Color, National Origin, Disability, 
Religion, Age, Sexual Orientation, and Status as a Parent in Federally 
Conducted Education and Training Programs.
     The Religious Freedom Restoration Act of 1993, Public Law 
103-141.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to collect information from USMMA 
students and accepted applicants seeking religious accommodations in 
order to approve or deny requests for religious accommodation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are USMMA students or accepted applicants who have 
requested religious accommodation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include names of individuals seeking accommodation, the 
nature of the request for accommodation, how complying with the 
relevant requirement would burden religious exercise, how long the 
belief asserted to be contrary to a MARAD or USMMA requirement has been 
held, and any other information necessary or helpful for USMMA to 
evaluate the request for accommodation. Personally identifiable 
information (PII) elements: Name, birth date, student photographic 
identification, residential address, phone number, email, USMMA campus 
address, other information submitted by requestors that they believe 
may be helpful in making a determination.

RECORD SOURCE CATEGORIES:
    USMMA students and accepted applicants seeking religious 
accommodations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    System Specific Routine Uses
    1. To all authorized recipients, such as a parent, medical 
facility, service provider, school, or branch of military to which the 
student is transferring, consistent with disclosures permitted or 
required by the Family Education Rights and Privacy Act (FERPA), or 
required by another Federal statute.

    General Routine Uses
    The following routine uses may be subject to restrictions on 
disclosure by another law, including but not limited to FERPA:
    1. To Federal, State, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing, or retention of an employee or contractor, or the 
issuance of a security clearance, license, certification, contract, 
grant, or other benefit, when the disclosure is compatible with the 
purpose for which the records were compiled.
    2. In the event that a system of records maintained by MARAD/USMMA 
to carry out its functions indicates a violation or potential violation 
of law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program pursuant thereto, the 
relevant records in the system of records may be referred, as a routine 
use, to the appropriate agency, whether Federal, State, local or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order.
    3. Routine Use for Disclosure for Use in Litigation.
    (a) It will be a routine use of the records in this system of 
records to disclose them to the Department of Justice or other Federal 
agency conducting litigation when--(i) MARAD or USMMA, or (ii) Any 
employee of MARAD/USMMA, in their official capacity, or (iii) Any 
employee of MARAD/USMMA, in their individual capacity where the 
Department of Justice has agreed to represent the employee, or (iv) The 
United States or any agency thereof, where MARAD determines that 
litigation is likely to affect the United States, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or other Federal agency conducting 
the litigation is deemed by MARAD to be relevant and necessary in the 
litigation.
    (b) Routine Use for Agency Disclosure in Other Proceedings. It will 
be a routine use of records in this system to disclose them in 
proceedings before any court or adjudicative or administrative body 
before which MARAD/USMMA, appears, when--(a) MARAD/USMMA, or (b) Any 
employee of MARAD/USMMA in their official capacity, or (c) Any employee 
of MARAD/USMMA in their individual capacity where MARAD has agreed to 
represent the employee, or (d) The United States or any agency thereof, 
where MARAD determines that the proceeding is likely to affect the 
United States, is a party to the proceeding or has an interest in such 
proceeding, and MARAD determines that use of such records is relevant 
and necessary in the proceeding.
    4. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual. In such cases, however, 
the Congressional office does not have greater rights to records than 
the individual. Thus, the disclosure may be withheld from delivery to 
the individual where the file contains investigative or actual 
information or other materials which are being used, or are expected to 
be used, to support prosecution or fines against the individual for 
violations of a statute, or of regulations of the Department based on 
statutory authority. No such limitations apply to records requested for 
Congressional oversight or legislative purposes; release is authorized 
under 49 CFR 10.35(9).
    5. One or more records from a system of records may be disclosed 
routinely to the National Archives and Records Administration (NARA) in 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    6. DOT may disclose records from the system, as a routine use to 
appropriate agencies, entities, and persons when (1) DOT suspects or 
has confirmed that there has been a breach of the system of records, 
(2) DOT has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, DOT (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 DOT's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    7. DOT may disclose records from the system, as a routine use to 
another Federal agency or Federal entity, when DOT 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.
    8. MARAD may disclose records from this system, as a routine use, 
to the Office of Government Information Services for the purpose of (i) 
resolving disputes between FOIA requesters and federal agencies and 
(ii) reviewing agencies' policies, procedures, and compliance in order 
to recommend policy changes to Congress and the President.

[[Page 73412]]

    9. MARAD may disclose records from the system, as a routine use, to 
contractors and their agents, experts, consultants, and others 
performing or working on a contract, service, cooperative agreement, or 
other assignment for MARAD, when necessary to accomplish an agency 
function related to this system of records.
    10. MARAD may disclose records from this system, as a routine use, 
to an agency, organization, or individual for the purpose of performing 
audit or oversight operations related to this system of records, but 
only such records as are necessary and relevant to the audit or 
oversight activity. This routine use does not apply to intra-agency 
sharing authorized under Section (b)(1) of the Privacy Act and FERPA.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored in paper/hard copy at a federally 
controlled installation. Department of Transportation (DOT) Operating 
Administrations safeguard records in all system of records according to 
applicable rules, policies, and procedures, including all applicable 
DOT automated systems security and access policies. DOT policies 
require the use of controls to minimize the risk of compromise of 
personally identifiable information (PII) in paper and electronic form 
and to enforce access by those with a need to know and with appropriate 
clearances. DOT routinely employs safeguards such as the following to 
information systems and paper recordkeeping systems: Multifactor log-in 
authentication and password; physical and technological access controls 
governing access to data; network encryption to protect data 
transmitted over the network; disk encryption securing disks storing 
data; key management services to safeguard encryption keys; masking of 
sensitive data as practicable; mandatory information assurance and 
privacy training for individuals who will have access; identification, 
marking, and safeguarding of PII; physical access safeguards and 
detection.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records on individuals will be retrieved by name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be held in accordance with Records Control Schedule, 
RG-0357 Maritime Administration, Comprehensive Schedule, Sections 855 
and 864. Individual files created, received, and maintained for the 
purpose of providing reasonable accommodations that have been requested 
for or by a USMMA student or accepted applicant, including the 
following: Requests, approvals, and denials, notice of procedures for 
informal dispute resolution or appeal processes, forms, correspondence, 
records of oral conversations, policy guidance documents, supporting 
notes and documentation. Accordingly, the records will be destroyed 60 
years after the information provider's departure or graduation from the 
USMMA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DOT/MARAD/USMMA 
security and access policies. Strict controls have been imposed to 
minimize the risk of compromising the information that is being stored. 
Access to 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:
    When seeking records about yourself from this system of records or 
any other MARAD/USMMA system of records, your request must conform with 
the Privacy Act regulations set forth in 49 CFR part 10. You must sign 
your request, and your signature must either be notarized or submitted 
under 28 U.S.C. 1746, a law that permits statements to be made under 
penalty of perjury as a substitute for notarization. Individual USMMA 
accepted applicants or students seeking notification of and access to 
any record contained in this system of records, or seeking to contest 
its content, may submit a request, in accordance with FERPA, in writing 
to the System Manager at the address identified in ``System Manager and 
Address'' above. Individuals may also search the public docket at 
www.regulations.gov by their name.
    You may also request information under the FOIA. While no specific 
form is required, you should provide to MARAD's FOIA Officer (contact 
information available on MARAD's website) the following information:
     An explanation of why you believe the MARAD/USMMA would 
have information about you;
     Identify which component(s) of MARAD/USMMA you believe may 
have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which MARAD/USMMA component may have responsive 
records; and
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying their agreement for you to access their records. Without 
this bulleted information the component(s) may not be able to conduct 
an effective search, and your request may be denied due to lack of 
specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

NOTIFICATION PROCEDURES:
    See Record Access Procedures.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.
* * * * *

    By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2021-28077 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-81-P