[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30308-30311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14911]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0016]
Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--030 Merchant Seamen's Records 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
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system DOT/CG 589 United States Merchant Seamen's
Records, April 11, 2000, as a Department of Homeland Security system of
records notice titled DHS/USCG--030 United States Merchant Seamen's
Records. The Department of Homeland Security uses DHS/USCG--030 United
States Merchant Seamen's Records to administer the Commercial Vessel
Safety Program and to determine domestic and international
qualification for the issuance of licenses, documents, and staff
officer certifications. Categories of individuals, categories of
records, and the routine uses of this legacy system of records notice
have been reviewed and updated to better reflect the United States
Merchant Seamen's Records system. Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in
the Federal Register. The exemptions for the legacy system of records
notices will continue to be applicable until the final rule for this
SORN has been completed. This new system will be included in the
Department of Homeland Security's inventory of record systems.
[[Page 30309]]
DATES: Written comments must be submitted on or before July 27, 2009.
This new system will be effective July 27, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0016] by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-3099.
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 and may be read at 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), Privacy Officer, United States Coast
Guard. 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
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-306, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/United States Coast
Guard (USCG) has relied on previous Privacy Act systems of records
notices for the collection maintenance of records that concern the
United States Merchant Seamen's Records system of records.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/USCG system of records
under the Privacy Act (5 U.S.C. 552a) that deals with United States
Merchant Seamen's Records program management. The collection and
maintenance of this information will assist DHS/USCG in meeting its
obligation to administer the United States Merchant Seamen's Records
program.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS/USCG is giving notice that it proposes to update and reissue the
following legacy record system DOT/CG 589 United States Merchant
Seamen's Records (65 FR 19476 April 11, 2000) as a DHS/USCG system of
records notice titled, DHS/USCG--030 United States Merchant Seamen's
Records. The DHS/USCG--030 United States Merchant Seamen's Records
system is the USCG's information system that administers the Commercial
Vessel Safety Program to determine domestic and international
qualifications for the issuance of licenses, documents, and staff
officer certifications. Categories of individuals, categories of
records, and the routine uses for this legacy system of records notice
have been reviewed and updated to better reflect the United States
Merchant Seamen's Records record system. This new system will be
included in DHS's inventory of record systems. Additionally, DHS is
issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this
SORN elsewhere in the Federal Register. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed. This new system will be
included in the Department of Homeland Security's inventory of record
systems.
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 of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the United States
Merchant Seamen's Records 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 and
to Congress.
SYSTEM OF RECORDS
DHS/USCG-030
SYSTEM NAME:
DHS/USCG--030 United States Merchant Seamen's Records
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the National Maritime Center in
Martinsburg, WV, the USCG Headquarters in Washington, DC, the USCG
Operations Systems Center in Kearneysville, WV, and in Regional
Examination Centers. Archived records are located at the regional
Federal Records Centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include all
current and former United States Merchant Seamen, as well as
applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
Full name (including maiden name, if applicable);
Employee identification number;
Mailing address;
Date and place of birth;
Phone number(s), include home, work, fax;
E-mail Address;
Next of Kin's Name, mailing address, phone number and
email address;
Country of citizenship;
Social Security number;
Color of eyes, hair, weight and height;
Type of license or certificate for which the individual is
applying;
Shipping articles;
Log books;
Seamen's license records;
Seamen's biometrics including photographs and fingerprint
records;
Disciplinary records;
Security records;
Current state of application, including granted or denied
with place and date of issuance;
[[Page 30310]]
Information related to narcotics, drinking while under the
influence, and conviction records; and
Character references, including full name, contact
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C. 2103, 7302, 7305, 7314,
7316, 7319, 7502, 7701, 8701; 46 CFR 12.02-25; 49 CFR 1.45, 1.46.
PURPOSE(S):
The principle purpose of this system is to administer the
Commercial Vessel Safety Program to determine domestic and
international qualifications for the issuance of licenses, documents,
and staff officer certifications. This includes establishing
eligibility of a merchant mariner's document, duplicate documents, or
additional endorsements issued by the Coast Guard and establishing and
maintaining continuous records of the persons documentation
transactions.
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 of
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. 3004 and 3006.
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 who relies 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 private organizations when considered beneficial to the
seaman.
I. To other Federal Agencies, such as the Veteran's Administration,
the Social Security Administration, the Internal Revenue Service, in
connection with benefits and services administered by those agencies.
J. To any source or potential source from which information is
requested in the course of an investigation concerning the retention of
an employee or other personnel action (other than hiring), or the
retention of a security clearance, contract, grant, license, or other
benefit, to the extent necessary to identify the individual, inform the
source of the nature and purpose of the investigation, and to identify
the type of information requested.
K. To designated officers and employees of Federal, State, local or
international agencies in connection with the hiring or continued
employment of an individual, the conduct of a suitability or security
investigation of an individual, the grant, renewal, suspension, or
revocation of a security clearance, or the certification of security
clearances, to the extent that DHS determines the information is
relevant and necessary to the hiring agency's decision.
L. To the Maritime Administration for the purpose of merchant
mariner call-ups related to national security.
M. To the U.S. Navy for the purpose of verifying the credential
status of Navy personnel.
N. 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:
Disclosures pursuant to 5 U.S.C552a(b)(12) may be made from this
system to ``consumer reporting agencies,'' as defined in the Fair
Credit Reporting Act (15 U.S. C. 1681a(f)) or Federal Claims Collection
Act of 1982 (31 U.S.C 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper files are stored at a secure, controlled access site managed
by either Coast Guard personnel or contract personnel with oversight
from Coast Guard personnel. Electronic records are stored on a secure
database server at the Coast Guard Operation Systems Center.
[[Page 30311]]
Inactive records are stored by the National Archives and Records
Administration at that agency's Federal Records Centers facilities.
RETRIEVABILITY:
Information is retrieved by individual's name and identifying
number (e.g. Social Security, MMLD assigned system number or Continuous
Discharge Book number) .
SAFEGUARDS:
Electronic 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 have
been imposed 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. Paper records related to
issuance of Merchant Mariners' Licenses and Documents (MMLD) are
located in Coast Guard Regional Examination Centers or the National
Maritime Center in locked file cabinets. Access to records is limited
to personnel requiring access for their jobs.
RETENTION AND DISPOSAL:
Paper records related to issuance of Merchant Mariner Licenses and
Documents are held on site for five years past the last activity with
the file. After that time they are then transferred to the Washington
National Records Center in Suitland, MD. As disposition is pending on
this system contingent on NARA approval, records are maintained
indefinitely.
SYSTEM MANAGER AND ADDRESS:
United States Coast Guard, National Maritime Center, NMC-4, 100
Forbes Drive, Martinsburg, WV 25404.
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 United States Coast Guard, National
Maritime Center, NMC-4, 100 Forbes Drive, Martinsburg, WV 25404.
When seeking records about yourself from this system of records or
any other USCG 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 Director,
Disclosure and FOIA, 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;
Specify when you believe the records would have been
created;
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 USCG 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:
Personnel File-seamen, United States Coast Guard officials, other
Federal Agencies, and employer. Shipping Articles--Vessels' operators,
seamen, masters of vessels, State Department, and Coast Guard
officials. Training records--schools certified to provide training for
U.S. mariners. Medical records--physicians, hospitals and other medical
providers authorized by mariners to provide this information on their
behalf. Disciplinary Records-Coast Guard Investigating Officers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).
Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-14911 Filed 6-24-09; 8:45 am]
BILLING CODE 4910-15-P