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Federal Register, Volume 73 Issue 245 (Friday, =
December 19, 2008)
[Federal Register Volume 73, Number 245 (Friday, December 19, =
2008)]
[Notices]
[Pages 77776-77778]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-29806]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0144]
Privacy Act of 1974; United States Coast Guard--006 Great Lakes=20
Registered Pilot and Applicant Pilot Eligibility 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 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of records notices, the Department of Homeland Security=20
is giving notice that it proposes to update and reissue the following=20
legacy record system DOT/CG 592 Registered/Applicant Pilot Eligibility=20
Folder (April 11, 2000), as Department of Homeland Security system of=20
records notice titled, United States Coast Guard--006 Great Lakes=20
Registered Pilot and Applicant Pilot Eligibility Records. Categories of=20
individuals, categories of records, and the routine uses of this legacy=20
system of records notice have been updated to better reflect the United=20
States Coast Guard's Great Lakes Registered Pilot's and Applicant=20
Pilot's files. This system will be included in the Department's=20
inventory of record systems.
DATES: Written comments must be submitted on or before January 20,=20
2009. This new system will be effective January 20, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0144 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change and may be read at http://www.regulations.gov/, =
including any personal information provided.
Docket: For access to the docket to read background=20
documents or comments received, go to http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
David Roberts (202-475-3521), United States Coast Guard Privacy=20
Officer, United States Coast Guard. For privacy issues please contact:=20
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,=20
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:=20
I. Background
Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act systems of records=20
notices for the maintenance of records pertaining to Great Lakes=20
registered and applicant pilots.
As part of its efforts to streamline and consolidate its record=20
systems, DHS is updating and reissuing a system of records under the=20
Privacy Act (5 U.S.C. 552a) that deals with pilot registration and=20
qualification documentation. This records system will allow DHS/United=20
States Coast Guard (USCG) to collect and preserve the records related=20
to applicant and registered pilots that assists USCG in meeting its=20
statutory obligation to establish, regulate, and oversee the operations=20
of a pilotage system on the Great Lakes. Additionally this record=20
system is used to maintain records of individuals who are registered as=20
Great Lakes pilots to perform pilotage duties aboard foreign trade=20
vessels on the Great Lakes and to maintain applications of mariners=20
seeking registration as a Great Lakes registered pilot. In order to=20
apply for this program, an individual must already maintain a USCG=20
issued license. In accordance with the Privacy Act of 1974 and as part=20
of DHS's ongoing effort to review and update legacy system of records=20
notices, DHS is giving notice that it proposes to update and reissue=20
the following legacy record system DOT/CG 592 Registered/Applicant=20
Pilot Eligibility Folder (65 FR 19476 April 11, 2000), as DHS system of=20
records notice titled, USCG Great Lakes Registered Pilot and Applicant=20
Pilot Eligibility Records. Categories of individuals, categories of=20
records, and the routine uses of this legacy system of records notice=20
have been updated to better reflect the USCG's Great Lakes registered=20
pilot's and applicant pilot's files. This system will be included in=20
the Department's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by
[[Page 77777]]
which the United States Government collects, maintains, uses, and=20
disseminates individuals' records. The Privacy Act applies to=20
information that is maintained in a ``system of records.'' A ``system=20
of records'' is a group of any records under the control of an agency=20
for which information is retrieved by the name of an individual or by=20
some identifying number, symbol, or other identifying particular=20
assigned to the individual. In the Privacy Act, an individual is=20
defined to encompass United States citizens and lawful permanent=20
residents. As a matter of policy, DHS extends administrative Privacy=20
Act protections to all individuals where systems of records maintain=20
information on U.S. citizens, lawful permanent residents, and visitors.=20
Individuals may request access to their own records that are maintained=20
in a system of records in the possession or under the control of DHS by=20
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency recordkeeping=20
practices transparent, to notify individuals regarding the uses to=20
which their records are put, and to assist individuals to more easily=20
find such files within the agency. Below is the description of the=20
Registered Pilot and Applicant Pilot Eligibility Records System of=20
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget (OMB) and=20
to Congress.
System of Records: DHS/USCG-006
System name:
United States Coast Guard--006 Great Lakes Registered Pilot and=20
Applicant Pilot Eligibility Records.
Security classification:
Unclassified.
System location:
Records are maintained at USCG Headquarters in the Waterways=20
Management Office, Great Lakes Pilotage Branch, (CG-54122) in=20
Washington, DC.
Categories of individuals covered by the system:
All United States Great Lakes registered pilots who are qualified=20
to perform pilotage duties aboard foreign trade vessels on the Great=20
Lakes; those individuals seeking selection as an applicant pilot on the=20
Great Lakes records; and those individuals whose applications were=20
rejected as a pilot on the Great Lakes.
Categories of records in the system:
Categories of records in the system include:
Pilot's full name, home address, social security number,=20
date and place of birth, height, weight, color of eyes and hair,=20
citizenship, photograph.
Application for registration;
Renewal of registration;
Annual report of physical examination and drug testing;
Coast Guard license and merchant mariner document data;
Examination and test results for registration; and
Sea service record and other related documentation=20
provided by the pilot or applicant.
Authority for maintenance of the system:
5 U.S.C. 301; 14 U.S.C. 632; the Federal Records Act, 44 U.S.C.=20
3101; 49 CFR 1.45, 1.46; 46 U.S.C. 9301-9308.
Purpose(s):
The purpose of this system is to assist USCG in meeting its=20
statutory obligation to establish, regulate, and oversee the operations=20
of a pilotage system on the Great Lakes and to maintain records of=20
individuals who are registered as Great Lakes pilots to perform=20
pilotage duties aboard foreign trade vessels on the Great Lakes and to=20
maintain applications of mariners seeking registration as a Great Lakes=20
pilot.
Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records of=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when:
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=20
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper
[[Page 77778]]
and consistent with the official duties of the person making the=20
disclosure.
H. To assist training program needs, retirements, statistical=20
compilations, and negotiations with Canadian authorities to assure=20
equitable participation by U.S. registered pilots with Canadian=20
registered pilots.
I. To an appropriate Federal, state, local, tribal, territorial,=20
foreign, or international agency, if the information is relevant and=20
necessary to a requesting agency's decision concerning the hiring or=20
retention of an individual, or issuance of a security clearance,=20
license, contract, grant, or other benefit, or if the information is=20
relevant and necessary to a DHS decision concerning the hiring or=20
retention of an employee, the issuance of a security clearance, the=20
reporting of an investigation of an employee, the letting of a=20
contract, or the issuance of a license, grant, or other benefit and=20
when disclosure is appropriate to the proper performance of the=20
official duties of the person making the request.
J. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name and pilot registration number.
Safeguards:
Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.
Retention and disposal:
Records are Destroyed 6 years after the individual's license=20
expires, upon death of the individual or when the individual turns 70=20
years old, whichever is sooner. (AUTH: N1-26-05-2, Item 1)
System Manager and address:
Commandant, CG-54122, Chief, Pilotage Branch, United States Coast=20
Guard Headquarters, 2100 2nd Street, SW., Washington, DC 20593-0001.
Notification procedure:
Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to Commandant, CG-54122, Chief, Great=20
Lakes Pilotage Branch, United States Coast Guard Headquarters, 2100 2nd=20
Street, SW., Washington, DC 20593-0001.
When seeking records about yourself from this system of records or=20
any other USCG system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition,=20
you should provide the following:
An explanation of why you believe the Department would=20
have information on you;
Specify when you believe the records would have been=20
created; and
If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
Without this bulleted information the USCG will not be able to=20
conduct an effective search, and your request may be denied due to lack=20
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:
Individual's original application for U.S. pilot's registration and=20
individual's yearly report of medical examination.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29806 Filed 12-18-08; 8:45 am]
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