1625-0046 System of Records Notice (SORN)

DHS-2016-0074-0001_81 FR 88697_20161208.pdf

Financial Responsibility for Water Pollution (Vessels)

1625-0046 System of Records Notice (SORN)

OMB: 1625-0046

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices
EFFECTIVE DATES:

November 29, 2016.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Minnesota is hereby amended to
include the Individual Assistance
program for the following areas among
those areas determined to have been
adversely affected by the event declared
a major disaster by the President in his
declaration of November 2, 2016.
Hennepin County for Individual
Assistance.
Blue Earth, Freeborn, Le Sueur, Rice,
Steele, and Waseca Counties for Individual
Assistance (already designated for Public
Assistance.)
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2016–29379 Filed 12–7–16; 8:45 am]
BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0074]

Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—031 USCG Law
Enforcement (ULE) System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.

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AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard—

SUMMARY:

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031 USCG Law Enforcement (ULE)
System of Records.’’ This system of
records allows the Department of
Homeland Security/United States Coast
Guard to collect and maintain records
related to maritime law enforcement,
marine environmental protection, and
the determinations supporting
enforcement action taken by the United
States Coast Guard. Additionally, the
Department of Homeland Security is
issuing a Notice of Proposed
Rulemaking to exempt this system of
records from certain provisions of the
Privacy Act, elsewhere in the Federal
Register. This newly established system
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
January 9, 2017. This new system will
be effective January 9, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0074 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
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 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, please visit http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez (202–475–3515),
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
7710, Washington, DC 20593. For
privacy questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Acting 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) United States
Coast Guard proposes to establish a new
DHS system of records titled, ‘‘DHS/
United States Coast Guard-031 USCG
Law Enforcement (ULE) System of
Records.’’

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88697

The collection and maintenance of
this information will allow the DHS/
USCG to collect and maintain records
regarding maritime law enforcement,
security, marine safety, and
environmental protection activities.
USCG Law Enforcement consists of
certain records that were formerly
covered under the DHS/USCG–013
Marine Information for Safety and Law
Enforcement (MISLE) system of records.
These records are being moved under
ULE to maintain USCG law enforcement
and case-related data in one repository.
In addition to the transfer of this law
enforcement data out from under MISLE
to ULE, this notice also serves to inform
that USCG Biometrics at Sea System
records, which are collected under the
purpose and identified authorities cited
herein, are maintained in the
Automated Biometric Identification
System (IDENT)—the DHS biometric
repository maintained by the DHS
Office of Biometric Identity
Management. Separately and elsewhere
in the Federal Register, the remaining
portions of the records covered under
MISLE will be republished under two
new systems of records: The Vessel
Identification System and the Merchant
Vessel Documentation System. The
MISLE SORN will be retired upon the
publication of all three new systems of
records.
USCG Law Enforcement may contain
information on persons who come into
contact with USCG through its law
enforcement, safety, and environmental
protection activities, including vessel
and facility owners, operators, crew,
employees, passengers, and other
persons associated with a USCG law
enforcement or environmental
protection activity or having an interest
in the subject vessel or facility involved
or identified in the respective case file.
Consistent with the authority being
enforced, ULE collects and maintains in
case files both biographic and, as
appropriate, references to biometric
records obtained from individuals and
persons, as well as identifying
information relating to ownership,
registry, and location of vessels and
facilities.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records
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, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or

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international government agencies
consistent with the routine uses set
forth in this system of records notice.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established 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. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCG–031 USCG Law Enforcement
(ULE) 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

Department of Homeland Security
(DHS)/USCG–31
SYSTEM NAME:

DHS/USCG–031 USCG Law
Enforcement (ULE) System of Records.
SECURITY CLASSIFICATION:

Sensitive but Unclassified.

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SYSTEM LOCATION:

Records are maintained at the United
States Coast Guard (USCG)
Headquarters in Washington, DC, USCG
Operations Systems Center (OSC) in
Kearneysville, WV, and other field
locations. Records collected from the
USCG Biometrics at Sea System (BASS)
are maintained at the DHS Office of
Biometric Identity Management in
Washington, DC. The Marine
Information for Safety and Law
Enforcement (MISLE) System is the
information technology (IT) repository

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for marine safety, security,
environmental protection, and law
enforcement records. The Automated
Biometric Identification System (IDENT)
is the IT repository for USCG BASS
records.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals with established
relationship(s) or associations to
maritime vessels or marine
transportation facilities that are the
subject of enforcement or compliance
activities regulated by the USCG. This
may include:
• Vessel owners or operator;
• Charterers;
• Masters;
• Crew members;
• Vessel or boat agents;
• Mortgagees;
• Lien claimants;
• Vessel builders;
• Transportation facility owners,
managers, or employees;
• Individuals who own, operate, or
represent marine transportation
companies; and
• Other individuals come into contact
with the USCG as part of an
enforcement or compliance activity.
CATEGORIES OF RECORDS IN THE SYSTEM:

The following information may
appear in case files, reports,
investigations, and other documents
(either physical or electronic)
maintained by USCG relating to an
enforcement or compliance activity:
• Name of individual, vessel, or
facility;
• Home and work address;
• Home, work, and mobile phone
numbers;
• Facility number;
• Involved party identification
number;
• Social Security number (SSN);
• Driver license number;
• Alien Registration Number (ANumber);
• Military identification number;
• U.S. Coast Guard license number;
• Foreign seaman’s booklet number;
• Resident alien number;
• Merchant mariners license or
documentation number;
• Taxpayer Identification Number
(TIN);
• Casualty case number;
• Pollution incident case number;
• Date of incident;
• Civil penalty case number;
• Biometric information, which may
include:
Æ Photographs and digital images,
Æ Height,
Æ Weight,

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Æ Eye color,
Æ Hair color,
Æ Fingerprints, and
Æ Irises.Videos;
• Vessel or boat registration data;
• Port visits;
• Vessel or boat inspection data;
• Vessel or boat documentation data;
• Port Safety boarding;
• Casualties;
• Pollution incidents, civil violations
(as applicable), and associated
information (data pertaining to people
or organizations associated with the
subject vessels);
• Information on marine
transportation facilities including:
Æ Name,
Æ Identification number,
Æ Location,
Æ Commodities handled,
Æ Equipment certificates,
Æ Approvals,
Æ Inspection reports,
Æ Pollution incidents, and
Æ Casualties.
Æ Violations of U.S. laws and data
pertaining to people or organizations
associated with those facilities;
• For owners, operators, agents, and
crew members;
• Statements submitted by USCG
personnel relating to boarding;
• Investigations as a result of a
pollution and/or casualty incident, as
well as any violations of United States
law, along with civil penalty actions
taken as a result of such violations.
Such reports could contain names of
passengers on vessels, as well as
witnesses to such violations; and
• Narratives, reports, and documents
by USCG personnel describing their
activities on vessels and within
facilities, including incident reports,
violations of laws, and international
treaties
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

14 U.S.C 89a, 93(a) and (c), 632; 16
U.S.C 1431; 33 U.S.C 1223; 33 U.S.C.
1228; 46 U.S.C. 3717; 46 U.S.C. 12119,
12501–502.
PURPOSE(S):

The purpose of this system is to
collect and maintain USCG case records
and other reported information relating
to the safety, security, law enforcement,
environmental, and compliance
activities of vessels, facilities,
organizations engaged in marine
transportation, and related persons.
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.

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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 (DOJ),
including Offices of the U.S. Attorneys,
or other Federal agency 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
when DOJ or DHS has agreed to
represent the employee; or
4. The U.S. 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
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) 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,

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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, 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.
H. To federal and state safety
enforcement agencies, including, but
not limited to, the Maritime
Administration and National
Transportation Safety Board, U.S.
Department of Transportation, to access
historical data that may assist in safety
investigations and improve
transportation safety.
I. To federal, state, and local
environmental agencies, including, but
not limited to, the U.S. Environmental
Protection Agency, to access historical
data that may improve compliance with
U.S. laws relating to environmental
protection.
J. To the U.S. Department of Defense
and related entities, including, but not
limited to, the Military Sealift
Command and U.S. Navy, to access data
on safety information regarding vessels
chartered by those agencies.
K. To the International Maritime
Organization or intergovernmental
organizations, nongovernmental
organizations, or foreign governments in
order to conduct joint investigations,
operations, and inspections;
L. To federal, state, or local agencies
with which the U.S. Coast Guard has a
Memorandum of Understanding,
Memorandum of Agreement, or
Inspection and Certification Agreement
pertaining to Marine Safety, Maritime
Security, Maritime Law Enforcement,
and Marine Environmental Protection
activities.
M. 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 is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals

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88699

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:

DHS/USCG stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
RETRIEVABILITY:

Records may be retrieved by name of
individual, vessel, or facility, facility
number, involved party identification
number, SSN, TIN, driver license
number, (A-Number), military
identification number, U.S. Coast Guard
license number, cellular number,
foreign seaman’s booklet number,
resident alien number, merchant
mariners license or documentation
number, person or organization name,
casualty case number, pollution
incident case number, date of incident,
civil penalty case number, USCG unit
entering data, or incident location.
Biometric records associated with
case files or reports may be retrieved
from IDENT by reference to the
applicable Organization/Unit/Subunit
designations for the Biometrics-at-SeaSystem.
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.
RETENTION AND DISPOSAL:

Records are retained in accordance
with National Archives and Records
Administration (NARA) schedule N1–
026–05–15 approved July 7, 2005. Most
of the records in this system are retained
indefinitely by NARA; however law
enforcement boarding activities are
retained for three years. A copy of this

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system has been transferred to the
National Archives and Records
Administration permanent records
collection. Updates of system
information are transferred to NARA
every 5 years. All system hardware and
data is stored at OSC, Kearneysville,
WV. Backups are performed daily.
Copies of backups are stored at an offsite location.
SYSTEM MANAGER AND ADDRESS:

Commandant (CG–633), United States
Coast Guard, Mail Stop 7710,
Washington, DC 20593; Commandant
(BSX), United States Coast Guard, Mail
Stop 7501, Washington, DC 20593;
Director, United States Coast Guard,
National Vessel Documentation Center,
792 T J Jackson Drive, Falling Waters,
WV 25419; IDENT Program
Management Office, U.S. Department of
Homeland Security, Washington, DC
20528.

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NOTIFICATION PROCEDURE:

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 system. However,
DHS/USCG will consider individual
requests to determine whether or not
information may be released. Thus,
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 Chief Privacy Officer and
Commandant (CG–611), United States
Coast Guard, 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 (FOIA) Officer,
Department of Homeland Security,
Washington, DC 20528–0655.
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,

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http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
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 the above 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 from USCG
boardings, USCG inspections, USCG
investigations, USCG documentation
offices, and vessel notice of arrival
reports in the course of normal routine
business. This information is gathered
from the owners, operators, crew
members, agents, passengers, witnesses,
other government agencies, and USCG
personnel. In addition records or record
identifiers are ingested from other DHS
and Federal systems, including IDENT,
Vessel Identification System (VIS),
Merchant Vessel Documentation System
(MVDS), and the National Crime
Information Center (NCIC).
EXEMPTIONS CLAIMED 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)(3–4), (d), (e)(1–3),
(e)(5), (e)(8), and (g). Additionally, the
Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(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

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which they originated and claims any
additional exemptions set forth here.
Dated: December 1, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–29341 Filed 12–7–16; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. 5914–N–03]

60 Day Notice of Proposed Information
Collection: American Healthy Homes
Survey II
Office of Lead Hazard Control
and Healthy Homes, HUD.
ACTION: Notice.
AGENCY:

The proposed information
collection requirement concerning an
American Healthy Homes Survey II in
homes across the country will be
submitted to the Office of Management
and Budget (OMB) for review, as
required by the Paperwork Reduction
Act. The Department is soliciting public
comments on the subject proposal.
DATES: Comments Due Date: February 6,
2017.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Ms. Ashley Mack, Reports Liaison
Officer, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 8236, Washington, DC 20410.
FOR FURTHER INFORMATION CONTACT:
Peter Ashley, (202) 402–7595 (this is not
a toll-free number), or [email protected]
hud.gov, for copies of the proposed
information collection instruments and
other available documents electronically
or on paper.
SUPPLEMENTARY INFORMATION: The
Department is submitting the proposed
information collection to OMB for
review, as required by the Paperwork
Reduction Act of 1995, (44 U.S.C.
chapter 35, as amended).
This Notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
collection of information to: (1) Evaluate
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) Evaluate the accuracy of the agency’s
estimate of the burden of the proposed
collection of information; (3) Enhance
SUMMARY:

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