80 FR 74116 - Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range		74116-74120
FR Document		2015-30303
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records.'' This system of records allows the United States Coast Guard (Coast Guard) to facilitate the effective and efficient entry and departure of vessels into and from the United States, and assist with assigning priorities for complying with maritime safety and security regulations. As part of the Department's ongoing effort to promote transparency regarding its collection of information, the Coast Guard is updating this system of records notice to update the (1) authority for maintenance of the system, (2) security classification, (3) system location, (4) purpose(s), (5) categories of individuals, (6) categories of records, (7) routine uses, (8) retention and disposal, (9) notification procedures, and (10) system manager and address. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. The Coast Guard is also issuing a Notice of Proposed Rulemaking (NPRM) to clarify the exemptions for this system concurrently with this notice. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74116-74120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30303]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0078]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard-029 Notice of Arrival and Departure System of 
Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard-029 Notice of Arrival and Departure 
System of Records.'' This system of records allows the United States 
Coast Guard (Coast Guard) to facilitate the effective and efficient 
entry and departure of vessels into and from the United States, and 
assist with assigning priorities for complying with maritime safety and 
security regulations. As part of the Department's ongoing effort to 
promote transparency regarding its collection of information, the Coast 
Guard is updating this system of records notice to update the (1) 
authority for maintenance of the system, (2) security classification, 
(3) system location, (4) purpose(s), (5) categories of individuals, (6) 
categories of records, (7) routine uses, (8) retention and disposal, 
(9) notification procedures, and (10) system manager and address. 
Additionally, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice.
    The Coast Guard is also issuing a Notice of Proposed Rulemaking 
(NPRM) to clarify the exemptions for this system concurrently with this 
notice. This updated system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Submit comments on or before December 28, 2015. This updated 
system will be effective December 28, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0078 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: Karen L. Neuman, 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, 2703 Martin Luther King Jr. Ave SE., 
Mail Stop 7710, Washington, DC 20593. For privacy questions, please 
contact: Karen L. Neuman, (202) 343-1717, 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 (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/USCG-029 Notice of Arrival and Departure (NOAD) System of 
Records.'' The collection and maintenance of this information assists 
DHS/USCG in meeting its statutory obligation to assign priorities while 
conducting maritime safety and security missions in accordance with 
international and U.S. regulations. DHS/USCG is updating this system of 
records to (1) clarify the authority for the maintenance of the system 
to align with the recently published Vessel Requirements for Notices of 
Arrival and Departure, and Automatic Identification System Final Rule 
(January 30, 2015, 80 FR 5281); (2) update the security classification; 
(3) change the system location to clarify that NOAD records may be 
stored on information technology (IT) systems connected to classified 
networks; (4) update the purpose(s) to align with the updated 
authorities for collection, pursuant to the newly issued Vessel 
Requirements for Notices of Arrival and Departure, and Automatic 
Identification System Final Rule and to allow for replication of data 
for analysis and vetting as part of the DHS Data Framework. DHS/USCG is 
also updating the categories of individuals and categories of records 
to clarify that individuals considered ``non-crew'' for the purposes of 
this system may include passenger records, as well as organizations; 
and removing routine use (M) because it is not compatible with the 
original purpose for collection of the records. Further DHS/USCG is 
updating the retention period and disposal standards to reflect that

[[Page 74117]]

records will follow the same retention schedule despite their storage 
in a classified environment; and modify the notification procedures to 
confirm that regardless of record storage on a classified environment, 
DHS/USCG will review all replicated records; and update the system 
manager and mailing address to reflect the new mail stop.
    Consistent with DHS's information sharing mission, information 
stored in this 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 and missions. In addition, DHS/USCG may 
share information with appropriate federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this system of records notice.
    The Coast Guard is issuing a new Notice of Proposed Rulemaking 
(NPRM) to clarify the exemptions for this system concurrently with this 
notice. This updated 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-029 Notice of Arrival and 
Departure 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)/United States Coast Guard 
(USCG)-029
System name:
    DHS/USCG-029 Notice of Arrival and Departure System of Records

Security classification:
    Unclassified. The data may be retained on classified networks but 
this does not change the nature and character of the data until it is 
combined with classified information.

System location:
    The United States Coast Guard (USCG) maintains records in the 
operational system at the USCG Operations Systems Center, 
Kearneysville, West Virginia (WV), and in disaster recovery backup 
systems in other USCG field locations. USCG maintains records 
associated with this function in the Ship Arrival Notification System 
(SANS) operational information technology (IT) system.
    DHS replicates records from the operational IT system and maintains 
them in other IT systems connected on the DHS unclassified and 
classified networks.

Categories of individuals covered by the system:
    Categories of individuals covered by this notice include:
     Crew members who arrive or depart the United States by 
sea; and
     Other individuals or organizations associated with a 
vessel and whose information is submitted as part of a notice of 
arrival or notice of departure, such as vessel owners, operators, 
charterers, reporting parties, 24-hour contacts, company security 
officers, and passengers who arrive and depart the United States by 
sea.

Categories of records in the system:
     Records on vessels include: Name of vessel; name of 
registered owner; country of registry; call sign; International 
Maritime Organization (IMO) number or, if a vessel does not have an IMO 
number the official number; name of the operator; name of charterer; 
and name of classification society.
     Records on arrival information pertaining to the voyage 
include: Names of last five foreign ports or places the vessel visited; 
dates of arrival and departure for last five foreign ports or places it 
visited; for each port or place in the United States the vessel will 
visit, the name of the receiving facility; for the port or place in the 
United States the estimated date and time of arrival; for the port or 
place in the United States the estimated date and time of departure; 
the location (port or place and country) or position (latitude and 
longitude or waterway and mile marker) of the vessel at the time of 
reporting; and the name and telephone number of a 24-hour point of 
contact (POC). This individual may be a crew or non-crew member.
     Records on departure information pertaining to the voyage 
include: The name of the departing port or waterway of the United 
States; the estimated date and time of departure; next port or place of 
call (including foreign); the estimated date and time of arrival at the 
next port or place of call; and the name and telephone number of a 24-
hour POC.
     Records about crewmembers includes: Full name; date of 
birth; nationality; identification type (e.g., passport, U.S. Alien 
Registration Card, U.S. Merchant Mariner Document, foreign mariner 
document, government-issued picture identification (ID) (Canada) or 
(United States)); identification issue and expiration dates; position 
or duties on the vessel; location where the crewmember embarked (list 
port or place and country); and location where the crewmember will 
disembark.
     Records about ``other individuals associated with a vessel 
and whose information is submitted as part of a notice of arrival or 
notice of departure'' (e.g., passenger information) includes: Full 
name; date of birth; nationality; identification type (e.g., passport, 
U.S. Alien Registration Card, government-issued picture ID); 
identification number, issuing country, issue date, expiration date; 
U.S. address information; and location where the individual embarked 
(list port or place and country).
     Records related to cargo onboard the vessel include: A 
general description of cargo other than Certain Dangerous Cargo (CDC) 
onboard the vessel (e.g., grain, container, oil); name of each CDC 
carried, including United Nations (UN) number, if applicable; and 
amount of each CDC carried.
     Records regarding the operational condition of equipment 
required by 33 Code of Federal Regulations (CFR) part 164 include: The 
date of issuance for the company's document of compliance certificate; 
the date of issuance of the vessel's safety management certificate; and 
the name of the flag administration, or recognized organization(s) 
representing the vessel flag administration that issued those 
certificates.

Authority for maintenance of the system:
    The Secretary of the Department of Homeland Security has delegated 
to the Coast Guard authority from the Ports and Waterways Safety Act 
(33 U.S.C. 1221 et se.). See specifically 33 U.S.C.

[[Page 74118]]

1223(a)(5), 1225, and 1231; 46 U.S.C. 3717; 46 U.S.C. 12501; the 
Maritime Transportation Act of 2002, Pub. L. 107-295; the Homeland 
Security Act of 2002, Public Law 107-296; 33 CFR part 160; and 36 CFR 
chapter XII.

Purpose(s):
    The purpose of this system is to maintain NOAD information to 
improve navigation safety, enhance the Coast Guard's ability to 
identify and track vessels, and heighten the Coast Guard's overall 
situational and maritime domain awareness (MDA), which will enhance 
mariner's navigation safety and the Coast Guard's ability to address 
threats to maritime transportation security.
    DHS maintains a replica of some or all of the NOAD data in 
operational IT systems residing on unclassified and classified DHS 
networks to allow for analysis and vetting consistent with the above 
stated purposes and this published notice.

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 (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 United States 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, 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 foreign government intelligence or 
counterterrorism agencies or components if USCG becomes aware of an 
indication of a threat or potential threat to national or international 
security, or if such use is to assist in anti-terrorism efforts and 
disclosure is appropriate to the proper performance of the official 
duties of the person making the disclosure.
    I. To an organization or individual in either the public or private 
sector, foreign or domestic, if there is a reason to believe that the 
recipient is or could become the target of a particular terrorist 
activity or conspiracy, to the extent the information is relevant to 
the protection of life, property, or other vital interests of a data 
subject and disclosure is proper and consistent with the official 
duties of the person making the disclosure;
    J. To appropriate federal, state, local, tribal, territorial, or 
foreign governmental agencies or multilateral governmental 
organizations for the purpose of protecting the vital interests of a 
data subject or other persons, USCG will provide appropriate notice of 
any identified health threat or risk to assist such agencies or 
organizations in preventing exposure to or transmission of a 
communicable or quarantined disease or for combating other significant 
public health threats;
    K. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, settlement 
negotiations, response to a subpoena, or in connection with criminal 
law proceedings;
    L. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate in the proper 
performance of the official duties of the officer making the 
disclosure;
    M. To appropriate federal, state, local, tribal, territorial, or 
foreign governmental agencies or multilateral governmental 
organizations if USCG is aware of a need to utilize relevant data for 
purposes of testing new technology and systems designed to enhance 
border security or identify other violations of law, provided 
disclosure is appropriate in the proper performance of the official 
duties of the person making the disclosure;
    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, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

[[Page 74119]]

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 in the operational 
IT system as well as on other IT systems residing on the unclassified 
and classified networks 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.
    USCG stores NOAD information electronically in the Ship Arrival 
Notice System (SANS) located at USCG Operations Systems Center in 
Kearneysville, WV. USCG uses an alternative storage facility for the 
SANS historical logs and system backups. Derivative NOAD system data 
may be stored on USCG Standard Workstation computers or USCG unit 
servers located at USCG Headquarters, headquarters units, area offices, 
sector offices, sector sub-unit offices, and other locations where USCG 
authorized personnel may be posted to facilitate DHS's mission.

Retrievability:
    USCG retrieves records from the SANS by vessel. Information from 
the retrieved records may then be extracted by name, passport number, 
or other unique personal identifier. NOAD information maintained in the 
SANS operational IT system is not directly retrievable by name or other 
unique personal identifier.
    NOAD data that is replicated on the unclassified and classified DHS 
networks to allow for analysis and vetting consistent with the above 
stated purposes and this published notice may be retrieved by all core 
and extended biographic fields (e.g., full name; date of birth; 
nationality).

Safeguards:
    USCG safeguards NOAD data in accordance with applicable laws, 
rules, and policies. All records are protected from unauthorized access 
through appropriate administrative, physical, and technical safeguards. 
These safeguards include role-based access provisions, restricting 
access to authorized personnel who have a need-to-know, using locks, 
and password-protection identification features. USCG file areas are 
locked after normal duty hours and the facilities are protected from 
the outside by security personnel. In addition, the system manager, in 
addition, has the capability to maintain system back-ups for the 
purpose of supporting continuity of operations and the discrete need to 
isolate and copy specific data access transactions for the purpose of 
conducting security incident investigations. All communication links 
with the USCG datacenter are encrypted. The databases are Certified and 
Accredited in accordance with the requirements of the Federal 
Information Security Management Act (FISMA).

Retention and disposal:
    In accordance with NARA Disposition Authority number N1-026-05-11, 
NOAD information on vessels and individuals maintained in the SANS is 
destroyed or deleted when no longer needed for reference, or after ten 
years, whichever is later. Outputs, which include ad-hoc reports 
generated for local and immediate use to provide a variety of 
interested parties with necessary information are deleted after five 
years if they do not constitute a permanent record according to NARA. 
For example, in accordance with this schedule, USCG shares outputs with 
the Captain of the Port and marine safety offices, sea marshals, U.S. 
Customs and Border Protection, U.S. Immigration and Customs Enforcement 
require such information to set up security zones, schedule boarding 
and inspections activities, take actions for non-compliance with 
regulations, and other activities in support of USCG's mission to 
provide for safety and security of U.S. ports. Records replicated to IT 
systems residing on the unclassified and classified networks will also 
follow the same retention schedule.

System Manager and address:
    Commandant (CG-26), United States Coast Guard, 2703 Martin Luther 
King Jr. Ave. SE., Mail Stop 7301, 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 Chief Privacy Officer and USCG's 
Freedom of Information Act (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 herself, the individual may submit the 
request to the Chief Privacy Officer and Chief 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 FOIA Officer, 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.
    In processing requests for access to information in this system, 
the USCG will review not only the records in the operational IT system 
but also the records replicated on IT systems residing on the 
unclassified and classified networks; and provide appropriate access to 
the information based on this notice.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    USCG obtains NOAD records from vessel carriers and operators 
regarding passengers, crewmembers, and cargo that arrive in, depart 
from, or transit through the United States on a vessel carrier covered 
by notice of arrival and departure regulations.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the

[[Page 74120]]

system that is collected from a person if that person, or his or her 
agent, seeks access or amendment of such information.
    The Privacy Act, however, requires DHS to maintain an accounting of 
the disclosures made pursuant to all routines uses. Disclosing the fact 
that a law enforcement or intelligence agency has sought particular 
records may affect ongoing law enforcement activities. The Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), exempted this 
system from the following provisions of the Privacy Act: Sections 
(c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is 
necessary and appropriate to protect this information. Further, DHS has 
exempted section (c)(3) of the Privacy Act of 1974, as amended, 
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to 
protect this information.

    Dated: November 16, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-30303 Filed 11-25-15; 8:45 am]
BILLING CODE 9110-04-P
74116 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Estimated Number of Average time Total annual
Type of respondent Form name annual number responses per per response burden hours
of respondents respondent (in hours)

Controls ................................. BEEA Mailed Consent, Pre-Visit Show 67 1 20/60 22
Card, and Paper/Pen Dust Questionnaire.
Controls ................................. BEEA Control Home Visit CAPI, Blood, 67 1 90/60 101
Buccal cell, Urine, & Dust.
Private Applicators ................ ‘Life in a Day’ Smartphone Application x 25 100 25 10/60 417
Private Applicators ................ Paper/pen, CAWI or CATI ........................... 13,855 1 25/60 5,773
Spouses ................................ Paper/pen, CAWI or CATI ........................... 10,201 1 25/60 4,250
Proxy ..................................... Paper/pen, CAWI or CATI (Attachment 26) 635 1 15/60 159

Total ............................... ....................................................................... 25,486 28,608 ........................ 11,516

OMB approval is requested for 3 categories of individuals, (6) categories Officer, Privacy Office, Department of
years. There are no costs to respondents of records, (7) routine uses, (8) retention Homeland Security, Washington, DC
other than their time. The total and disposal, (9) notification 20528–0655.
estimated annualized burden hours are procedures, and (10) system manager SUPPLEMENTARY INFORMATION:
11,516. and address. Additionally, this notice
includes non-substantive changes to I. Background
Dated: November 20, 2015.
simplify the formatting and text of the In accordance with the Privacy Act of
Chris Long,
previously published notice. 1974, 5 U.S.C. 552a, the Department of
Acting Executive Officer, NIEHS. Homeland Security (DHS) United States
The Coast Guard is also issuing a
[FR Doc. 2015–30219 Filed 11–25–15; 8:45 am] Coast Guard (USCG) proposes to update
Notice of Proposed Rulemaking (NPRM)
BILLING CODE 4140–01–P to clarify the exemptions for this system and reissue a current DHS system of
concurrently with this notice. This records titled, ‘‘DHS/USCG–029 Notice
updated system will be included in the of Arrival and Departure (NOAD)
DEPARTMENT OF HOMELAND Department of Homeland Security’s System of Records.’’ The collection and
SECURITY inventory of record systems. maintenance of this information assists
DATES: Submit comments on or before DHS/USCG in meeting its statutory
Office of the Secretary obligation to assign priorities while
December 28, 2015. This updated
[Docket No. DHS–2015–0078] system will be effective December 28, conducting maritime safety and security
2015. missions in accordance with
Privacy Act of 1974; Department of international and U.S. regulations. DHS/
ADDRESSES: You may submit comments, USCG is updating this system of records
Homeland Security/United States
identified by docket number DHS– to (1) clarify the authority for the
Coast Guard-029 Notice of Arrival and
2015–0078 by one of the following maintenance of the system to align with
Departure System of Records
methods: the recently published Vessel
AGENCY: Department of Homeland • Federal e-Rulemaking Portal: http:// Requirements for Notices of Arrival and
Security, Privacy Office. www.regulations.gov. Follow the Departure, and Automatic Identification
ACTION: Notice of Privacy Act system of instructions for submitting comments. System Final Rule (January 30, 2015, 80
records. • Fax: (202) 343–4010. FR 5281); (2) update the security
• Mail: Karen L. Neuman, Chief classification; (3) change the system
SUMMARY: In accordance with the Privacy Officer, Privacy Office, location to clarify that NOAD records
Privacy Act of 1974, the Department of Department of Homeland Security, may be stored on information
Homeland Security proposes to update Washington, DC 20528–0655. technology (IT) systems connected to
and reissue a current Department of Instructions: All submissions received classified networks; (4) update the
Homeland Security system of records must include the agency name and purpose(s) to align with the updated
titled, ‘‘Department of Homeland docket number for this rulemaking. All authorities for collection, pursuant to
Security/United States Coast Guard-029 comments received will be posted the newly issued Vessel Requirements
Notice of Arrival and Departure System without change to http:// for Notices of Arrival and Departure,
of Records.’’ This system of records www.regulations.gov, including any and Automatic Identification System
allows the United States Coast Guard personal information provided. Final Rule and to allow for replication
(Coast Guard) to facilitate the effective Docket: For access to the docket to of data for analysis and vetting as part
and efficient entry and departure of read background documents or of the DHS Data Framework. DHS/USCG
vessels into and from the United States, comments received, please visit http:// is also updating the categories of
and assist with assigning priorities for www.regulations.gov. individuals and categories of records to
complying with maritime safety and FOR FURTHER INFORMATION CONTACT: For clarify that individuals considered
mstockstill on DSK4VPTVN1PROD with NOTICES

security regulations. As part of the general questions, please contact: ‘‘non-crew’’ for the purposes of this
Department’s ongoing effort to promote Marilyn Scott-Perez, (202) 475–3515, system may include passenger records,
transparency regarding its collection of Privacy Officer, Commandant (CG–61), as well as organizations; and removing
information, the Coast Guard is United States Coast Guard, 2703 Martin routine use (M) because it is not
updating this system of records notice to Luther King Jr. Ave SE., Mail Stop 7710, compatible with the original purpose for
update the (1) authority for maintenance Washington, DC 20593. For privacy collection of the records. Further DHS/
of the system, (2) security classification, questions, please contact: Karen L. USCG is updating the retention period
(3) system location, (4) purpose(s), (5) Neuman, (202) 343–1717, Chief Privacy and disposal standards to reflect that

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1
74118 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

1223(a)(5), 1225, and 1231; 46 U.S.C. law, but only such information as is terrorist activity or conspiracy, to the
3717; 46 U.S.C. 12501; the Maritime necessary and relevant to such audit or extent the information is relevant to the
Transportation Act of 2002, Pub. L. 107– oversight function. protection of life, property, or other vital
295; the Homeland Security Act of 2002, E. To appropriate agencies, entities, interests of a data subject and disclosure
Public Law 107–296; 33 CFR part 160; and persons when: is proper and consistent with the official
and 36 CFR chapter XII. 1. DHS suspects or has confirmed that duties of the person making the
the security or confidentiality of disclosure;
PURPOSE(S): information in the system of records has
The purpose of this system is to been compromised; J. To appropriate federal, state, local,
maintain NOAD information to improve 2. DHS has determined that as a result tribal, territorial, or foreign
navigation safety, enhance the Coast of the suspected or confirmed governmental agencies or multilateral
Guard’s ability to identify and track compromise, there is a risk of identity governmental organizations for the
vessels, and heighten the Coast Guard’s theft or fraud, harm to economic or purpose of protecting the vital interests
overall situational and maritime domain property interests, harm to an of a data subject or other persons, USCG
awareness (MDA), which will enhance individual, or harm to the security or will provide appropriate notice of any
mariner’s navigation safety and the integrity of this system or other systems identified health threat or risk to assist
Coast Guard’s ability to address threats or programs (whether maintained by such agencies or organizations in
to maritime transportation security. DHS or another agency or entity) that preventing exposure to or transmission
DHS maintains a replica of some or all rely upon the compromised of a communicable or quarantined
of the NOAD data in operational IT information; and disease or for combating other
systems residing on unclassified and 3. The disclosure made to such significant public health threats;
classified DHS networks to allow for agencies, entities, and persons is K. To a court, magistrate, or
analysis and vetting consistent with the reasonably necessary to assist in administrative tribunal in the course of
above stated purposes and this connection with DHS’s efforts to presenting evidence, including
published notice. respond to the suspected or confirmed disclosures to opposing counsel or
compromise and prevent, minimize, or witnesses in the course of civil
ROUTINE USES OF RECORDS MAINTAINED IN THE remedy such harm.
SYSTEM, INCLUDING CATEGORIES OF USERS AND
discovery, litigation, settlement
F. To contractors and their agents, negotiations, response to a subpoena, or
THE PURPOSES OF SUCH USES: grantees, experts, consultants, and
In addition to those disclosures in connection with criminal law
others performing or working on a
generally permitted under 5 U.S.C. proceedings;
contract, service, grant, cooperative
552a(b) of the Privacy Act, all or a agreement, or other assignment for DHS, L. To third parties during the course
portion of the records or information when necessary to accomplish an of a law enforcement investigation to
contained in this system may be agency function related to this system of the extent necessary to obtain
disclosed outside DHS as a routine use records. Individuals provided information pertinent to the
pursuant to 5 U.S.C. 552a(b)(3) as information under this routine use are investigation, provided disclosure is
follows: subject to the same Privacy Act appropriate in the proper performance
A. To the Department of Justice (DOJ), requirements and limitations on of the official duties of the officer
including Offices of the U.S. Attorneys, disclosure as are applicable to DHS making the disclosure;
or other federal agency conducting officers and employees. M. To appropriate federal, state, local,
litigation or in proceedings before any G. To an appropriate federal, state, tribal, territorial, or foreign
court, adjudicative, or administrative tribal, local, international, or foreign law governmental agencies or multilateral
body, when it is relevant or necessary to enforcement agency or other appropriate governmental organizations if USCG is
the litigation and one of the following authority charged with investigating or aware of a need to utilize relevant data
is a party to the litigation or has an prosecuting a violation or enforcing or for purposes of testing new technology
interest in such litigation: implementing a law, rule, regulation, or and systems designed to enhance border
1. DHS or any component thereof; order, when a record, either on its face security or identify other violations of
2. Any employee or former employee or in conjunction with other law, provided disclosure is appropriate
of DHS in his/her official capacity; information, indicates a violation or in the proper performance of the official
3. Any employee or former employee potential violation of law, which duties of the person making the
of DHS in his/her individual capacity includes criminal, civil, or regulatory disclosure;
when DOJ or DHS has agreed to violations and such disclosure is proper
represent the employee; or and consistent with the official duties of N. To the news media and the public,
4. The United States or any agency the person making the disclosure. with the approval of the Chief Privacy
thereof. H. To federal and foreign government Officer in consultation with counsel,
B. To a congressional office from the intelligence or counterterrorism when there exists a legitimate public
record of an individual in response to agencies or components if USCG interest in the disclosure of the
an inquiry from that congressional office becomes aware of an indication of a information, when disclosure is
made at the request of the individual to threat or potential threat to national or necessary to preserve confidence in the
whom the record pertains. international security, or if such use is integrity of DHS, or when disclosure is
C. To the National Archives and to assist in anti-terrorism efforts and necessary to demonstrate the
accountability of DHS’s officers,
mstockstill on DSK4VPTVN1PROD with NOTICES

Records Administration (NARA) or disclosure is appropriate to the proper
General Services Administration performance of the official duties of the employees, or individuals covered by
pursuant to records management person making the disclosure. the system, except to the extent the
inspections being conducted under the I. To an organization or individual in Chief Privacy Officer determines that
authority of 44 U.S.C. 2904 and 2906. either the public or private sector, release of the specific information in the
D. To an agency or organization for foreign or domestic, if there is a reason context of a particular case would
the purpose of performing audit or to believe that the recipient is or could constitute an unwarranted invasion of
oversight operations as authorized by become the target of a particular personal privacy.

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1
74120 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

system that is collected from a person if 801 I Street NW., Mailstop 5800, Æ DHS certification of schools to
that person, or his or her agent, seeks Washington, DC 20536–5800. participate in F–1 or M–1 student
access or amendment of such SUMMARY: This FR notice pertains to all enrollment.
information. schools certified to enroll F–1 and/or • Section 416(b) of the Uniting and
The Privacy Act, however, requires M–1 nonimmigrant students. DHS’s Strengthening America by Providing
DHS to maintain an accounting of the Student and Exchange Visitor Program Appropriate Tools Required to Intercept
disclosures made pursuant to all (SEVP) performs and manages these and Obstruct Terrorism Act of 2001,
routines uses. Disclosing the fact that a certifications, as well as oversees the F– Public Law 107–56, 115 Stat. 272,
law enforcement or intelligence agency 1 and M–1 students. SEVP uses the October 26, 2001 (USA PATRIOT Act),
has sought particular records may affect Form I–20, Certificate of Eligibility for as amended, which provides for the
ongoing law enforcement activities. The Nonimmigrant (F–1) Student Status— collection of alien date of entry and port
Secretary of Homeland Security, For Academic and Language Students, of entry information of aliens whose
pursuant to 5 U.S.C. 552a(j)(2), and the Form I–20, Certificate of information is collected under 8 U.S.C.
exempted this system from the Eligibility for Nonimmigrant (M–1) 1372.
following provisions of the Privacy Act: Student Status—For Vocational • Homeland Security Presidential
Sections (c)(3), (e)(8), and (g) of the Students, which are issued solely Directive No. 2 (HSPD–2), Combating
Privacy Act of 1974, as amended, as is through the Student and Exchange Terrorism Through Immigration
necessary and appropriate to protect Policies, which requires DHS to
Visitor Information System (SEVIS), as
this information. Further, DHS has ‘‘conduct periodic reviews of all
an instrument to facilitate the oversight
exempted section (c)(3) of the Privacy institutions certified to receive
process and to document student
Act of 1974, as amended, pursuant to 5 nonimmigrant students.’’ ‘‘These
eligibility for nonimmigrant benefits.
U.S.C. 552a(k)(2) as is necessary and reviews shall include checks for
The Forms I–20 are being modified to
appropriate to protect this information. compliance with record keeping and
reflect current DHS branding, remove
reporting requirements’’ and authorize
Dated: November 16, 2015. obsolete information, and modernize the
the termination of certification for
Karen L. Neuman, forms’ layout to improve readability.
institutions that fail to comply. 37
Chief Privacy Officer, Department of The old Forms I–20 sunset on July 1,
Weekly Comp. Pres. Docs. 1570, 1571–
Homeland Security. 2016; after that date, they will no longer 72 (Oct. 29, 2001).
[FR Doc. 2015–30303 Filed 11–25–15; 8:45 am] be accepted at ports-of-entry, nor suffice • Section 502 of the Enhanced Border
BILLING CODE 9110–04–P
for any other nonimmigrant benefit Security and Visa Entry Reform Act of
application by either F–1 and M–1 2002, Public Law 107–173, 116 Stat.
students or their F–2 and M–2 543, May 14, 2002, codified at 8 U.S.C.
DEPARTMENT OF HOMELAND accompanying dependents. 1762, which directs DHS to review
SECURITY Authority: The authority for DHS/ compliance with recordkeeping and
SEVP to manage the program comes reporting requirements under 8 U.S.C.
United States Immigration and from the following sources: 1372 and INA section 101(a)(15)(F) and
Customs Enforcement • Sections 101(a)(15)(F)(i) and (M)(i), (M), 8 U.S.C. 1101(a)(15)(F) and (M), of
of the Immigration and Nationality Act all schools approved to receive F or M
Agency Information Collection
of 1952 (INA), as amended (Pub. L. 82– nonimmigrants within two years of
Activities: Revision Notice; Student
414, 66 Stat. 163, June 27, 1952), enactment, and every two years
and Exchange Visitor Information
codified under Title 8 of the United thereafter.
System Forms I–20 Accordingly, as directed by DHS,
States Code (U.S.C.) 1101(a)(15)(F) and
ACTION: 30-Day notice of Information (M), under which a foreign national may SEVP certifies, reviews, recertifies and
collection for review; Form No. I–20; be admitted to the United States in collects data from schools enrolling F–
Certificate of Eligibility for nonimmigrant status as 1 and M–1 students. The specific data
Nonimmigrant (F–1) Student Status— Æ A student to attend an SEVP- collection requirements for SEVP-
For Academic and Language Students, certified academic school or language certified schools associated with these
and the Form I–20, Certificate of training program (F–1), laws are identified comprehensively in
Eligibility for Nonimmigrant (M–1) Æ A student to attend an SEVP- the Code of Federal Regulations (CFR) at
Student Status—For Vocational certified vocational or other recognized 8 CFR 214.3.
Students; OMB Control No. 1653–0038. nonacademic institution (M–1), Under the combined mandates of the
respectively, or USA PATRIOT Act and HSPD–2, the
The Department of Homeland U.S. Immigration and Naturalization
Æ An accompanying F–2 or M–2
Security (DHS), U.S. Immigration and Service (INS) received funding and
dependent spouse or minor child,
Customs Enforcement (ICE), is accelerated the development of SEVIS.
respectively.
submitting the following information Soon after, the INS published rules in
collection request for review and • Section 641 of the Illegal the FR implementing supporting
clearance in accordance with the Immigration Reform and Immigrant modifications to 8 CFR 214,
Paperwork Reduction Act of 1995. The Responsibility Act of 1996, Public Law Nonimmigrant Classes. 67 FR 60107
information collection is published in 104–208, Div. C, 110 Stat. 3009–546, (September 25, 2002); and 67 FR 76256,
the Federal Register (FR) to obtain September 30, 1996, codified at 8 U.S.C. (December 11, 2002).
1372, which authorized the following:
mstockstill on DSK4VPTVN1PROD with NOTICES

comments from the public and affected The Homeland Security Act of 2002,
agencies. Æ Creation of a program to collect Public Law 107–296, 116 Stat. 2135
Written comments and suggestions current and ongoing information (codified at 6 U.S.C. Chapter 1) created
regarding items contained in this notice provided by schools regarding F or M DHS, which came into effect on March
should be directed to the Department of nonimmigrants during the courses of 1, 2003. DHS encompasses and replaces
Homeland Security, Scott Elmore, their stay in the United States. the INS. Simultaneously, DHS
Forms Management Office, U.S. Æ Use of electronic reporting established ICE, now the second largest
Immigration and Customs Enforcement, technology where practicable. criminal investigations agency in the

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1
Document Created: 2015-12-14 14:04:39
Document Modified: 2015-12-14 14:04:39
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act system of records.
Dates		Submit comments on or before December 28, 2015. This updated system will be effective December 28, 2015.
Contact		For general questions, please contact: Marilyn Scott-Perez, (202) 475-3515, Privacy Officer, Commandant (CG- 61), United States Coast Guard, 2703 Martin Luther King Jr. Ave SE., Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528- 0655.
FR Citation		80 FR 74116
80 FR 74116 - Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 228 (November 27, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
