[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75442-75445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29279]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0121]
Privacy Act of 1974; United States Coast Guard--029 Notice of
Arrival and Departure System of Records Notice
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security (DHS), United States Coast Guard (USCG) gives notice
that it is establishing a system of records for retaining certain
biographical information on all passenger and crew members on board
U.S. and foreign vessels bound for or departing from ports or places in
the United States. The system of records is for the collection and
processing of Notice of Arrival and Departure (NOAD) information
pursuant to 33 CFR part 160, subpart C.
This information is maintained within the Ship Arrival Notification
System (SANS) as well as other USCG systems used for screening and
vetting of vessels, vessel crews and passengers. USCG is publishing a
system of records notice (SORN) in order to permit the traveling public
greater access to individual information and a more comprehensive
understanding of how and where information pertaining to them is
collected and maintained. Elsewhere in today's Federal Register, DHS
has issued a Notice of Proposed Rulemaking to exempt this SORN from
certain provisions of the Privacy Act.
DATES: Submit comments on or before January 12, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0121 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
David Roberts (202-475-3521) United States Coast Guard Privacy Officer,
United States Coast Guard. For privacy issues contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
United States Coast Guard (USCG) collects information related to
Notice of Arrival and Departure (NOAD) for U.S. vessels in commercial
service and all foreign vessels that are bound for or departing from
ports or places of the United States. This information is maintained
within the SANS, as well as other USCG systems used for screening and
vetting of vessels, primarily, but not exclusively, through Marine
Information for Safety and Law Enforcement (MISLE, DOT/CG 679, April
22, 2002, 67 FR 19612) and the Maritime Awareness Global Network
(MAGNet, DHS/USCG-061, May 15, 2008, 73 FR 28143). Information is
retrieved from SANS by vessel and not by personal identifier; however,
USCG uses the information taken from SANS in other systems to conduct
screening and vetting pursuant to its mission for protecting and
securing the maritime sector.
The information that is required to be collected and submitted
through Electronic Notice of Arrival and Departure (eNOAD) can be found
on routine arrival/departure documents that passengers and crewmembers
must provide to DHS, when entering or departing the United States.
eNOAD information includes complete name, date and place of birth,
gender, country of citizenship, travel/mariner document type, number
and country of issuance, expiration date, country of residence, status
on board the vessel, and United States destination address (except for
U.S. Citizens, lawful permanent residents, crew and those in transit).
Additionally, vessel carriers and operators must provide the vessel
name, vessel country of registry/flag, International Maritime
Organization number or other official number, voyage number, date of
arrival/departure, and foreign port where the passengers and crew
members began/terminate their sea transportation to the United States.
USCG will collect vessel particulars that are submitted by the
vessel owner, agent, master, operator, or person in charge of a vessel
in advance of a vessel's arrival or departure from the United States.
The information will be used to perform counterterrorism, law
enforcement, safety and security queries to identify risks to the
vessel or to the United States.
The purpose of the information collection is to assess risk to
vessels arriving to or departing from a U.S. port and to identify
vessels that may pose a safety or security risk to the United States.
The information collection allows USCG to facilitate effectively
and efficiently the entry and departure of vessels into and from the
U.S. and assists the USCG with assigning priorities while conducting
maritime safety and security missions in accordance with international
and U.S. regulations.
Information in SANS is maintained for a period of no more than ten
years or when no longer needed, whichever is longer, from the date of
collection at
[[Page 75443]]
which time the data is deleted. The only NOAD information retained
based initially on SANS data is information related to those
individuals about whom derogatory information is revealed during the
screening process. All other crew and passenger information vetted by
USCG is immediately deleted. Should derogatory information be
discovered by USCG either through TECS or USCG's own sources, such
alerts and information would be communicated either through USCG's
Maritime Awareness Global Network (MAGNet) system, or through the Coast
Guard Messaging System (CGMS).\1\ The SANS data is transmitted to the
Intelligence Coordination Center (ICC) and stored in the CoastWatch
Pre-Arrival Processing Program (CP3). SANS data within CP3 is destroyed
or deleted when no longer needed for reference, or when ten years old,
whichever is later.
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\1\ See http://www.dhs.gov/privacy for PIAs for MAGNet and the
Law Enforcement Intelligence Database (LEIDB), a system used to
analyze USCG message traffic.
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Elsewhere in today's Federal Register, DHS has issued a Notice of
Proposed Rulemaking to exempt this SORN from certain aspects of the
Privacy Act.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5. SANS is not a system of records, but NOAD information
maintained in SANS can be removed and used in other systems within
USCG.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which of their records, and to assist individuals to more easily find
such files within the agency. Below is the description of the Asset
Management System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget (OMB)
and to Congress.
System Number: DHS/USCG-029
SYSTEM NAME:
Notice of Arrival and Departure Information (NOAD)
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
SANS, the information technology system which receives NOAD
information for USCG, is located at USCG Operations Systems Center in
Kearneysville, WV. NOAD records may be maintained in SANS, or at
computer terminals located at USCG Headquarters, Headquarters units,
Area Offices, Sector Offices, Sector sub-unit Offices, and other
locations where USCG authorized personnel may be posted to facilitate
DHS' mission.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this notice consist of:
A. Crew members who arrive and depart the U.S. by sea, and
B. Individuals associated with a vessel and whose information is
submitted as part of a notice of arrival or notice of departure,
including but not limited to vessel owners, operators, charterers,
reporting parties, 24-hour contacts, company security officers, and
C. Persons in addition to crew who arrive and depart the U.S. by
sea.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records on vessels include: Name of vessel; name of registered
owner; country of registry; call sign; International Maritime
Organization (IMO) number or, if a vessel does not have an IMO number
the official number; name of the operator; name of charterer; name of
classification society; Maritime Mobile Service Identity (MMSI).
Records on arrival information as it pertains to the voyage
includes: Names of last five foreign ports or places visited by the
vessel; dates of arrival and departure for last five foreign ports or
places visited; for each port or place of the U.S. to be visited, the
name of the receiving facility, the port or place; for the port or
place of the U.S. the estimated date and time of arrival; for the port
or place in the U.S. the estimated date and time of departure; the
location (port or place and country) or position (latitude and
longitude or waterway and mile marker) of the vessel at the time of
reporting; the name and telephone number of a 24-hour point of contact
(POC).
Records on departure information as it pertains to the voyage
includes: The name of departing port or place of the U.S., the
estimated date and time of departure; next port or place of call
(including foreign), the estimated date and time of arrival; the name
and telephone number of a 24-hour POC.
Records on crewmembers include: Full name; date of birth;
nationality; identification type (for example, Passport, U.S. Alien
Registration Card, U.S. Merchant Mariner Document, Foreign Mariner
Document, Government Issued Picture ID (Canada), or Government Issued
Picture ID (U.S.), number, issuing country, issue date, expiration
date); position or duties on the vessel; where the crewmember embarked
(list port or place and country); where the crewmember will disembark.
Records for each person onboard in addition to crew: Full name;
date of birth; nationality; identification type (for example, passport,
U.S. alien registration card, government issued picture ID (Canada), or
government issued picture ID (U.S.), number, issuing country, issue
date, expiration date); U.S. address information; where the person
embarked (list port or place and country); where the person will
disembark.
Records on cargo include: A general description of cargo other than
Certain Dangerous Cargo (CDC) onboard the vessel (e.g., grain,
container, oil, etc.); name of each CDC carried, including United
Nations (UN) number, if applicable; amount of each CDC carried.
Records regarding the operational condition of equipment required
by 33 CFR part 164: The date of issuance for the company's Document of
Compliance certificate; the date of issuance of the vessel's Safety
Management Certificate; the name of the Flag Administration, or
recognized organization(s) representing the vessel flag administration,
that issued those certificates.
[[Page 75444]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 14 U.S.C. 632; 33 U.S.C. 1223, 46 U.S.C. 3717; 46
U.S.C. 12501; Federal Records Act of 1950, P.L. 90-620; The Maritime
Transportation Act of 2002, P. L. 107-295; The Homeland Security Act of
2002, P. L. 107-296; 33 CFR part 160, 36 CFR chapter XII.
Purpose(s):
The purpose of this system is to maintain Notice of Arrival and
Notice of Departure information to screen individuals associated with
vessels entering or departing U.S. waterways for maritime safety,
maritime security, maritime law enforcement, marine environmental
protection, and other related purposes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the U.S. Department of Justice (DOJ) (including U.S. Attorney
offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation: (1) DHS,
or (2) any employee of DHS in his/her official capacity, or (3) any
employee of DHS in his/her individual capacity where DOJ or DHS has
agreed to represent said employee, or (4) the U.S. or any agency
thereof;
B. To a Congressional office, for the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual to whom the record pertains;
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purposes of
performing an 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) it is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) USCG 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, fraud, or harm to the security or integrity of this system,
other systems, or programs (whether maintained by USCG or another
agency or entity) that rely upon the compromised information; and (3)
the disclosure is made to such agencies, entities, and persons when
reasonably necessary to assist in connection with the USCG's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors, grantees, experts, consultants, and others
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government, when
necessary to accomplish an agency function related to this system of
records, in compliance with the Privacy Act of 1974, as amended;
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure;
H. To Federal and foreign government intelligence or
counterterrorism agencies or components where USCG becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
I. To an organization or individual in either the public or private
sector, either foreign or domestic, where 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, property, or other vital interests
of a data subject and disclosure is proper and consistent with the
official duties of the person making the disclosure;
J. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or quarantined
disease or for combating other significant public health threats;
appropriate notice will be provided of any identified health threat or
risk;
K. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, settlement
negotiations, response to a subpoena, or in connection with criminal
law proceedings;
L. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate in the proper
performance of the official duties of the officer making the
disclosure;
M. To an appropriate Federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agency's decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, or if the information is
relevant and necessary to a DHS decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit and when
disclosure is appropriate to the proper performance of the official
duties of the person making the request;
N. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
USCG is aware of a need to utilize relevant data for purposes of
testing new technology and systems designed to enhance border security
or identify other violations of law.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
SANS data is stored electronically at the National Vessel Movement
Center located at USCG Operations Systems Center in Kearneysville, WV.
USCG uses an alternative storage facility for SANS historical logs and
system backups. Derivative NOAD system data may be stored on CG SWIII
computers or CG unit servers located at USCG Headquarters, Headquarters
units, Area Offices, Sector Offices, Sector sub-unit Offices, and other
locations where USCG authorized personnel may be posted to facilitate
DHS' mission.
[[Page 75445]]
Retrievability:
NOAD information maintained in SANS is not retrievable by name or
other unique personal identifier. NOAD information is extracted from
SANS by vessel and then retrieved by name, passport number, or other
unique personal identifier.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include role-based access
provisions, restricting access to authorized personnel who have a need-
to-know, using locks, and password protection identification features.
USCG file areas are locked after normal duty hours and the facilities
are protected from the outside by security personnel.
The system manager, in addition, has the capability to maintain
system back-ups for the purpose of supporting continuity of operations
and the discrete need to isolate and copy specific data access
transactions for the purpose of conducting security incident
investigations.
All communication links with the USCG datacenter are encrypted. The
databases are Certified and Accredited in accordance with the
requirements of the Federal Information Security Management Act
(FISMA).
Retention and Disposal:
Information on vessels maintained in SANS is destroyed or deleted
when no longer needed for reference, or when ten years old, whichever
is later. [National Archives and Records Administration (NARA) Request
For Records Disposition Authority, Job No. N1-026-05-11]
Outputs, which include ad-hoc reports generated for local and
immediate use to provide a variety of interested parties, for example,
Captain of the Port and marine safety offices, sea marshals, Customs
and Border Patrol (CBP), Immigration and Customs Enforcement (ICE)--
with the necessary information to set up security zones, scheduling
boarding and inspections activities, actions for non-compliance with
regulations, and other activities in support of CG's mission to provide
for safety and security of U.S. ports, will be deleted after five years
if it is not a permanent record according to NARA.
The only NOAD information retained based initially on SANS data is
information related to those individuals about whom derogatory
information is revealed during the screening process. All other crew
and passenger information vetted by USCG is immediately deleted. Should
derogatory information be discovered by USCG either through TECS or
USCG's own sources, such alerts and information would be communicated
either through USCG's Maritime Awareness Global Network (MAGNet)
system, or through the Coast Guard Messaging System (CGMS).\2\ This
information will be maintained for the life of the investigation or ten
years, which ever is longer. The SANS data is transmitted to the ICC
and stored in the CP3. SANS data within CP3 is destroyed or deleted
when no longer needed for reference, or when ten years old, whichever
is later.
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\2\ See www.dhs.gov/privacy for PIAs for MAGNet and the Law
Enforcement Intelligence Database (LEIDB), a system used to analyze
USCG message traffic.
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SYSTEM MANAGER(S) AND ADDRESS:
Commandant, CG-26, United States Coast Guard Headquarters, 2100 2nd
Street, SW., Washington, DC 20593-0001.
NOTIFICATION PROCEDURES:
To determine whether this system contains records relating to you,
write to the System Manager identified above. Your written request
should include your name and mailing address. You may also provide any
additional information that will assist in determining if there is a
record relating to you if applicable, such as your Merchant Mariner
License or document number, the name and identifying number
(documentation number, state registration number, International
Maritime Organization (IMO) number, etc.) of any vessel with which you
have been associated and the name and address of any facility
(including platforms, deep water ports, marinas, or terminals) with
which you have been associated. The request must be signed by the
individual, or his/her legal representative, and must be notarized to
certify the identity of the requesting individual pursuant to 28 U.S.C.
1746 (unsworn declarations under penalty of perjury). Submit a written
request identifying the record system and the category and types of
records sought to the Executive Agent. Request can also be submitted
via the FOI/Privacy Acts. See http://www.uscg.mil/foia/ for additional
information.
RECORD ACCESS PROCEDURES:
Write the System Manager at the address given above in accordance
with the ``Notification Procedure''. Provide your full name and a
description of the information you seek, including the time frame
during which the record(s) may have been generated. Individuals
requesting access to their own records must comply with DHS's Privacy
Act regulation on verification of identity (6 CFR 5.21(d)). Further
information may also be found at http://www.dhs.gov/foia or at http://www.uscg.mil/foia/.
CONTESTING RECORD PROCEDURES:
See ``Notification'' procedures above.
RECORD SOURCE CATEGORIES:
The system contains data received from vessel carriers and
operators regarding passengers and crewmembers who arrive in, depart
from, transit through the U.S. on a vessel carrier covered by notice of
arrival and departure regulations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system, however, may contain records or information recompiled
from or created from information contained in other systems of records,
which are exempt from certain provisions of the Privacy Act. For these
records or information only, in accordance with 5 U.S.C. 552a
(j)(2),(k) (1), and (k)(2), DHS will also claim the original exemptions
for these records or information from subsections (c)(3) and (4);
(d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G) through (I), (5),
and (8); (f), and (g) of the Privacy Act of 1974, as amended, as
necessary and appropriate to protect such information.
Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29279 Filed 12-10-08; 8:45 am]
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