1625-0031 System of Records Notice (SORN)

Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
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 or
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/foia or 1–866–431–
0486. In addition you should provide
the following:
• An explanation of why you believe
the Department would have information
about 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,
• 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) will 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 the
employee, contractor, or applicant;
sponsoring agency; former sponsoring
agency; other Federal agencies; contract
employer; former employer.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

sroberts on PROD1PC70 with NOTICES

None.
Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–14905 Filed 6–24–09; 8:45 am]
BILLING CODE 9110–9B–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0110]

Privacy Act of 1974; United States
Coast Guard—013 Marine Information
for Safety and Law Enforcement
(MISLE) System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
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 record notices, the
Department of Homeland Security is
giving notice that it proposes to add a
system of records to its inventory of
record systems titled United States
Coast Guard Marine Information for
Safety and Law Enforcement System of
Records. This system is a compilation of
five legacy record systems: DOT/CG
679, Marine Information for Safety and
Law Enforcement System (April 22,
2002), DOT/CG 588, Marine Safety
Information System (April 11, 2000),
DOT/CG 505, Recreational Boating Law
Enforcement Case Files (April 11, 2000),
DOT/CG 590, Vessel Identification
System (April 11, 2000), DOT/CG 591,
Merchant Vessel Documentation System
(April 11, 2000). This record system will
allow the Department of Homeland
Security/United States Coast Guard to
collect and maintain records regarding
marine, safety and law enforcement
information. Categories of individuals,
categories of records, and routine uses
of these legacy system of records notices
have been consolidated and updated to
better reflect the United States Coast
Guard’s marine, safety and law
enforcement information. 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.
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–
2008–0110 by one of the following
methods:

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• 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 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 107–296, Section 1512, 116 Stat.
2310 (Nov. 25, 2002), the Department of
Homeland Security (DHS)/United States
Coast Guard (USCG) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records regarding
marine, safety and law enforcement
information.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a USCG system
of records under the Privacy Act (5
U.S.C. 552a) that deals with marine
safety and law enforcement information.
This record system will allow DHS/
USCG to collect and maintain records
regarding marine safety and law
enforcement information. This record
system will allow the Department of
Homeland Security/United States Coast
Guard to collect and maintain records
regarding marine information and law
enforcement information.
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
record notices, the Department of
Homeland Security is giving notice that
it proposes to add a system of records
to its inventory of record systems titled
United States Coast Guard Marine
Information System and Law
Enforcement System of Records. This

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system is a compilation of five legacy
record systems: DOT/CG 679, Marine
Information for Safety and Law
Enforcement System (67 FR 19612 April
22, 2002), DOT/CG 588, Marine Safety
Information System (65 FR 19475 April
11, 2000), DOT/CG 505, Recreational
Boating Law Enforcement Case Files (65
FR 19475 April 11, 2000), DOT/CG 590,
Vessel Identification System (65 FR
19475 April 11, 2000), DOT/CG 591,
Merchant Vessel Documentation System
(65 FR 19475 April 11, 2000). This
record system will allow the
Department of Homeland Security/
United States Coast Guard to collect and
maintain records regarding marine
safety, security, environmental
protection and law enforcement
information. Categories of individuals,
categories of records, and routine uses
of these legacy systems of records
notices have been consolidated and
updated to better reflect the United
States Coast Guard’s marine safety,
security, environmental protection and
law enforcement 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.

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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 personally identifiable
information. 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 stored and retrieved by
the name of the individual or by some
identifying number such as property
address, mailing address, or symbol
assigned to the individual. In the
Privacy Act, an individual is defined to
encompass United States citizens and
legal permanent residents. DHS extends
administrative Privacy Act protections
to all individuals where information is
maintained on both U.S. citizens, lawful
permanent residents, and visitors.
Individuals may request 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.

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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
Marine Information for Safety and Law
Enforcement 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–013
SYSTEM NAME:

United States Coast Guard Marine
Information for Safety and Law
Enforcement (MISLE).
SECURITY CLASSIFICATION:

Sensitive, but Unclassified.
SYSTEM LOCATION:

Records are maintained at the United
States Coast Guard (USCG)
Headquarters in Washington, DC, the
USCG Operations Systems Center,
Kearneysville, WV, and other field
locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals with established
relationship(s) and/or associations with
vessels and marine transportation
facilities and activities regulated by the
USCG. Specifically, vessel owners,
operators, charterers, masters, crew and/
or agents, mortgagees, lien claimants,
vessel builders, facility owners,
managers or employees, individuals
who own, operate, or represent marine
transportation companies and other
individuals who come in contact with
the USCG through its law enforcement,
marine safety, investigation, and
environmental activities.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Name of individual, vessel, or
facility;
• Home and work addresses;
• Phone numbers;
• Facility number, involved party
identification number, social security
number, drivers license number,
Immigration and Naturalization Service
number, military identification number,
U.S. Coast Guard license number,

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cellular number, foreign seaman’s
booklet number, resident alien number,
merchant mariners license or
documentation number, tax payer
identification number;
• Casualty case number;
• Pollution incident case number;
• Date of incident;
• Civil penalty case number;
• Biometric information through
photographs including height, weight,
eye color and hair color;
• Videos;
• Information on vessels and vessel
characteristics including: Vessel
identification data, registration data,
port visits, inspection data,
documentation data, port safety
boarding, casualties, pollution
incidents, and civil violations if
applicable and associated information
(data pertaining to people or
organizations associated with vessels);
• Information on marine
transportation facilities including:
Name, identification number, location,
commodities handled, equipment
certificates, approvals, inspection
reports, pollution incidents, casualties,
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 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.
• Narratives, reports and documents
by USCG personnel describing their
activates on vessels and within facilities
including incident reports, violations of
laws and international treaties,
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 14 U.S.C 89a, 93(a) and
(c), 632; 16 U.S.C 1431; The Federal
Records Act, 33 U.S.C 1223; 33 U.S.C.
1228; 44 U.S.C. 3101; 46 U.S.C. 3717; 46
U.S.C. 12501; 46 U.S.C. 12119; 12502;
46 CFR par 67.1 et seq.; 49 CFR 1.45,
1.46.
PURPOSE(S):

The purpose of this system is to
establish a safety, security and law
enforcement performance history of
vessels, facilities, people and
organizations engaged in marine
transportation, including enforcement
action, that can be used to identify and
address safety, security and
environmental risks and to establish
vessel eligibility for documentation as a
U.S. flag vessel.

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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 or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or 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 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 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

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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 Federal and State safety
enforcement agencies, including, but
not limited to, the Maritime
Administration, U.S. Department of
Transportation, and National
Transportation Safety Board, 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 United States Department of
Commerce and National Technical
Information Service (NTIS) to provide
the characteristics of vessels
documented by the USCG and owner
information. This information is the
same as that published in the annual
publication ‘‘Merchant Vessels of the
United States’’ (also known as the ‘‘blue
book’’). This information is distributed
electronically and is sold to the public.
K. To Federal and State numbering
and titling officials to access
information for improving the tracking,
registering, and titling of vessels.
L. 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.
M. To other Federal and State
agencies not listed above, including, but

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30307

not limited to, the U.S. Census Bureau,
U.S. Department of Labor, and U.S.
Department of Commerce, to access
historical data for improving general
statistical information.
N. To the International Maritime
Organization or intergovernmental
organizations, nongovernmental
organizations, or foreign governments in
order to conduct joint investigations,
operations, and inspections;
O. To Federal, State, or local agencies
with which the U.S. Coast Guard
Memorandum or Understanding,
Memorandum of Agreement, or
Inspection and Certification Agreement
pertaining to Marine Safety, Maritime
Security, Maritime Law Enforcement,
and Marine Environmental Protection
activities.
P. 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 in paper form in file
cabinets, in file rooms, in secure
facilities behind a locked door.
Electronic records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Records may be retrieved by name of
individual, vessel, or facility, facility
number, involved party identification
number, social security number, drivers
license number, Immigration and
Naturalization Service number, military
identification number, U.S. Coast Guard
license number, cedula number, foreign
seaman’s booklet number, resident alien
number, merchant mariners license or
documentation number, tax payer
identification number person or
organization name, casualty case
number, pollution incident case
number, date of incident, civil penalty

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case number, USCG unit entering data
or incident location.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated and paper
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 and paper files
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 indefinitely
because the records schedules are
currently pending. A copy of this
system has been transferred to the
National Archives and Records
Administration permanent records
collection. The following records
schedule has been proposed:
A. Notifications associated with a
Case or Activity are considered
historically important and so are
maintained permanently by the National
Archives. USCG will transfer the
records to the National Archives at least
every five years after the close of a case
or activity. In some cases, information
may transferred prior to the five years.
B. Notifications not associated with a
Case or Activity are maintained for five
years and then destroyed or deleted.
Information collected by MISLE is
stored for a minimum of five years after
the record is created, after which the
information will be retained, archived
or destroyed in accordance with the
MISLE Records Schedule approved by
the National Archives and Records
Administration. 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:

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United States Coast Guard, Operations
Systems Management Division, CG–635,
2100 2nd Street, SW., Washington, DC
20593–0001; Boating Safety Division,
CG–5422; United States Coast Guard
National Vessel Documentation Center,
792 T J Jackson Drive, Falling Waters,
WV 25419.
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

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request in writing to USCG,
Commandant (CG–611), 2100 2nd St.,
SW., Attn: FOIA Coordinator,
Washington, DC 20593–0001. Specific
FOIA contact information can be found
at http://www.dhs.gov/foia under
‘‘contacts.’’
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 subscribed to pursuant
to 28 U.S.C. 1746, a law that permits
statements to be made under penalty or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose form
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:

All information entered into the
MISLE is gathered from USCG boarding,
USCG inspections, and USCG
documentation offices, 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 United States Coast Guard
personnel.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted this system from
subsections (c)(3) and (4); (d); (e)(1), (2),
(3), (5), and (8); and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2). In

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additional, 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. E9–14906 Filed 6–24–09; 8:45 am]
BILLING CODE 4910–15–P

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
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
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.

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