[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57692-57695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26911]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0114]
Privacy Act of 1974; Department of Homeland Security U.S. Coast
Guard--060 Homeport System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a system of records
notice titled, Department of Homeland Security/U.S. Coast Guard--060
Homeport System of Records. The updated system of records, Department
of Homeland Security/U.S. Coast Guard--060 Homeport System of Records
contains a secure collection of information from and about individuals
and entities that are subject to the requirements of the Maritime
Transportation Security Act of 2002. As a result of the biennial review
of this system, the Department of Homeland Security U.S. Coast Guard is
proposing changes to (1) the categories of individuals covered to
include Federal, State and local government agency members involved in
maritime safety, security and environmental protection missions;
categories of records to include government service grade or military
rate/rank, and for Transportation Worker Identification Credential new
hire query, the addition of full name and optional social security
number (last four; not required); (2) the purpose to state that the
Homeport system will no longer be used to collect information from and
about individuals for whom background screening will be conducted for
purposes of establishing U.S. Coast Guard approved identification
credentials for access to maritime facilities (records associated with
this function have been deleted); and (3) the routine uses to conform
with Department's library of routine uses. No new routine uses have
been added. This updated system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Submit comments on or before December 9, 2009. The updates to
this system will be effective December 9, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0114 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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:
Sherry A. Richardson (202-475-3515), Privacy Officer, U.S. Coast Guard,
2100 2nd Street, SW., Washington, DC 20593. For privacy issues please
contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer,
Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) U.S. Coast Guard (USCG)
is revising a system of records under the Privacy Act of 1974 (5 U.S.C.
552a), for the DHS/USCG--060 Homeport System of Records. The Department
is updating and reissuing the DHS/USCG--060 Homeport System of Records
(71 FR 25203, April 28, 2006) to cover inclusion of these updated
records. The collection and maintenance of this information will assist
the USCG in meeting its maritime security requirements under the
Maritime Transportation Security Act (MTSA) of 2002.
MTSA establishes a comprehensive national system of transportation
security enhancements to protect America's maritime community against
the threat of terrorism without adversely affecting the flow of
commerce through United States ports. The USCG is the lead Federal
agency for coordinating and implementing maritime security and has
significant enforcement responsibilities under the MTSA. Among other
responsibilities under MTSA, the USCG requires that maritime security
plans be developed by maritime private sector industry for ports,
vessels, and facilities. Additionally, the DHS/USCG--060 Homeport
System of Records will be used for a limited set of individuals for the
Transportation Worker Identification Credential (TWIC)
[[Page 57693]]
``New Hire'' Provision as delineated in USCG Navigation and Vessel
Inspection Circular (NVIC) 03-07, e.h.(1). The program is for any
direct hire employee who is required to have a TWIC but has not yet
activated his/her card in order to allow the individual to have
unaccompanied access on the facility, or vessel, for up to 30 days.
Representatives of the maritime industry entities regulated by
MTSA, members of Area Maritime Security Committees (AMSC) and other
officials; as well as USCG personnel will be able to register and use
the DHS/USCG--060 Homeport System of Records for secure information
dissemination and collaboration. Regulated entities will be able to use
the DHS/USCG--060 Homeport System of Records for electronic submission
and approval of required security plans, and the USCG will verify
compliance with security requirements. The DHS/USCG--060 Homeport
System of Records will no longer be used to collect information from
and about individuals for whom background screening will be conducted
for purposes of establishing USCG-approved identification credentials
for access to maritime facilities. This function was terminated when
the Transportation Worker Identification Credential (TWIC) requirements
went into effect. Records associated with this function have been
deleted. The DHS/USCG--060 Homeport System of Records will be used to
collect information for the purpose of facilitating the establishment
of AMSC membership, and to inform owners, operators, and security
officers of MTSA regulated entities of the names of persons who have
passed the background screening.
Consistent with DHS's information sharing mission, information
stored in the DHS/USCG--060 Homeport System of Records may be shared
with other DHS components, as well as appropriate Federal, State,
local, tribal, foreign, or international government agencies. This
sharing will only take place after DHS determines that the receiving
component or agency has a need to know the information to carry out
national security, law enforcement, immigration, intelligence, or other
functions consistent with the routine uses set forth in this system of
records notice. DHS has updated the routine uses to conform with the
Department's library of routine uses. No new routine uses have been
added.
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 lawful
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.
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
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the DHS/U.S.
Coast Guard--060 Homeport System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records:
DHS/USCG-060
System name:
United States Coast Guard Homeport.
Security classification:
Classified, sensitive, and unclassified.
System location:
Records are maintained at USCG Headquarters in Washington, DC and
field locations including the USCG Operations Systems Center, 600 Coast
Guard Drive, Kearneysville, WV 25430.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
Representatives of the maritime industry such as:
[cir] Members of Area Maritime Security Committees (AMSC);
[cir] National Harbor Safety Committees and Environmental
Committees (NHSCEC); and
[cir] Other entities regulated under the Maritime Transportation
Security Act (MTSA).
Federal, State and local government agency members
involved in maritime safety, security and environmental protection
missions. These persons may complete on-line forms and/or request an
account to provide the information required by the USCG, access
sensitive but unclassified information, and participate in
collaboration communities.
Individuals for whom background screening will be
conducted for the purpose of facilitating the establishment of AMSC
membership and to inform owners, operators, and security officers of
MTSA regulated entities of the names of persons who have passed the
background screening including, but not limited to,
[cir] Owners; and
[cir] Operators and their employees, and non-employees who require
regular access privileges to such regulated vessels and facilities, as
well as many credentialed merchant mariners.
Categories of records in the system:
Categories of records in this system include:
To participate in the Homeport portal for information
dissemination and collection, the following information may be included
in this record system:
[cir] Full name;
[cir] Complete address;
[cir] Country;
[cir] Company or organization name;
[cir] Work phone;
[cir] Mobile phone;
[cir] 24 hour contact phone;
[cir] Fax;
[cir] Pager;
[cir] E-mail address;
[cir] Alternate e-mail address; and
[cir] Referral full name/work and cell phone/e-mail address.
For USCG active duty and civilian personnel, the following
fields are
pre-populated using data from the Direct Access system, the USCG's
enterprise human resource system:
[cir] Employee ID;
[cir] Billet control number;
[cir] Government Service Grade or Military Rate/Rank ; and
[cir] Position number.
For purposes of establishing AMSC membership, the
following information will be included in accordance with 33 CFR
103.305 ``Composition of an Area Maritime Security (AMS) Committee:''
[cir] Full name;
[[Page 57694]]
[cir] Date of birth; and
[cir] Alien identification number (if applicable).
For purposes of establishing TWIC New Hire query, the
following information will be included in accordance with NVIC 03-07:
[cir] Full name; and
[cir] Social Security Number (last 4 digits only) should it be
provided (not required).
Authority for maintenance of the system:
46 U.S.C. 3717; 46 U.S.C. 12501; 44 U.S.C. 3507; 33 U.S.C. 1223; 50
U.S.C. 191; 14 U.S.C. 93(a) (6); 33 CFR part 125.
Purpose(s):
The Homeport system is an enterprise tool that will facilitate
compliance with the requirements set forth in the Maritime
Transportation Security Act (MTSA) of 2002, by providing secure
information dissemination, advanced collaboration, electronic
submission and approval for vessel and facility security plans, and
complex electronic and telecommunication notification capabilities. The
collection of personally identifiable information concerning those with
access to the Homeport system will allow the USCG to validate the
suitablility, identify the eligibility of those who request permission
and/or have access to the system.
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 Department of Justice (including United States 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 any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 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 purpose of
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 the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. 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.
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 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by first name, last name, city, State,
Captain of the Port Zone, vessel role, facility role, committee
membership, vessel association, case identification number, or facility
association.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls are in place 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.
Retention and disposal:
In accordance with AUTH: N1-026-06-06, records of registration
information are destroyed upon account termination. Maritime personnel
screening data is destroyed after two years. Response-associated
information, such as personal data needed for search and rescue
purposes, is destroyed 120 days following completion of response
operations.
[[Page 57695]]
System Manager and address:
Chief, Office of Information Resources (G-PRI), U.S. Coast Guard
Headquarters, 2100 2nd Street, SW., Washington, DC 20593-0001.
Notification procedure:
Individuals 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 writing to the USCG FOIA Officer, whose contact
information can be found at http://www.dhs.gov/foia under ``contacts.''
If an individual believes more than one 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, 245 Murray Drive, SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address and date and place of birth. 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. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department 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 DHS component agency 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 his/her agreement for you to access his/her 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.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained by registered users, the general public if
completing an on-line form during marine casualty incidents or natural
disasters, individuals who are proposed to have access to maritime
facilities, government agencies, and USCG personnel.
Exemptions claimed for the system:
None.
Dated: November 2, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-26911 Filed 11-6-09; 8:45 am]
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