81 FR 27083 - Privacy Act of 1974; Amended System of Records
DEPARTMENT OF COMMERCE Federal Register Volume 81, Issue 87 (May 5, 2016)
Federal Register Volume 81, Issue 87 (May 5, 2016)
| Page Range | 27083-27085 | |
| FR Document | 2016-10541 |
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)] [Notices] [Pages 27083-27085] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10541] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [Docket No. 160309221-6221-01] RIN 0605-XC034 Privacy Act of 1974; Amended System of Records AGENCY: National Oceanic and Atmospheric Administration, U.S. Department of Commerce. ACTION: Notice of proposed amendment to Privacy Act system of records: COMMERCE/NOAA-3, Commissioned Officer Official Personnel Folders. ----------------------------------------------------------------------- SUMMARY: This notice announces the Department of Commerce's (Department's) proposal to amend the system of records entitled ``COMMERCE/NOAA-3, ``Commissioned Officer Official Personnel Folders'' under the Privacy Act of 1974, as amended. This amendment would change the name of the SORN from the ``Commissioned Officer Official Personnel Folders'' to ``NOAA Corps Officer Official Personnel Folders.'' This amendment would also update the following sections of the current NOAA- 3: Addresses, For Further Information Contact, Security Classification, Authority for Maintenance of the System, Storage, Purposes, and Routine Uses. The National Oceanic and Atmospheric Administration (NOAA) Commissioned Officer Corps (NOAA Corps) is the uniformed service of NOAA, a bureau of the Department. The NOAA Corps provides a cadre of professionals trained in engineering, earth sciences, oceanography, meteorology, fisheries science, and other related disciplines who serve their country by supporting NOAA's mission of surveying the Earth's oceans, coasts, and atmosphere to ensure the economic and physical well-being of the Nation. Personnel records and folders must be created as they are required by law, Executive Order, operational guidance from central management agencies, and/or agency records management programs. DATES: To be considered, written comments must be submitted on or before June 6, 2016. Unless comments are received, the amended system of records will become effective as proposed on June 14, 2016. If comments are received, the Department will publish a subsequent notice in the Federal Register within 10 days after the comment period closes, stating that the current system of records will remain in effect until publication of a final action in the Federal Register. ADDRESSES: Comments may be mailed to Director, NOAA Corps, 8403 Colesville Road, Suite 500, NOAA, Silver Spring, Maryland 20910. FOR FURTHER INFORMATION CONTACT: Director, NOAA Corps, 8403 Colesville [[Page 27084]] Road, Suite 500, NOAA, Silver Spring, Maryland 20910. SUPPLEMENTARY INFORMATION: This notice announces NOAA's proposal to amend the system of records entitled ``COMMERCE/NOAA-3, ``Commissioned Officer Official Personnel Folders.'' In addition to changing the name to NOAA Corps Officer Official Personnel Folders, this system of records is being updated to add Addresses, For further Information Contact, and Security Classification sections. It is also needed to update the Authority for maintenance of the system and the Policies and practices for storing, retrieving, accessing, retaining and disposing of records in the system sections. NOAA Corps records are created and maintained for all members--active, retired, and deceased--of the NOAA Corps. Selected information is disseminated to determine eligibility for retention, promotion, retirement, separation, and other personnel actions; physical fitness; entitlement to pay and various allowances; entitlement to social security benefits, Veteran's benefits, unemployment compensation, waivers for repayment of student loans, death benefits, survivor benefits, and FHA in-service loans; assignments; selective service status; and to report taxes withheld. COMMERCE/NOAA-3 System Name: COMMERCE/NOAA-3, NOAA Corps Officer Official Personnel Folders Security Classification: Moderate System Location: Office of the Director, NOAA Corps, NOAA, Silver Spring, Maryland 20910. Categories of Individuals Covered By The System: Commissioned Officers of the NOAA Corps (active, retired, and deceased) and commissioned officers who have been separated within previous six months. Categories of Records in the System: This information is collected and/or maintained by all systems covered by this system of records: Name, social security number, selective service number, promotion history, assignment history, performance/awards history, date of birth, education/training history, prior employment history, prior uniformed service, relatives, references, discipline, insurance, and similar personal information. Authority for Maintenance of the System: Navigation and Navigable Waters, 33 U.S.C. 853a-t, 854a-a2, 855, 856, 857, 857-1-5, 857a, 858, 864, 865, 872-876; Departmental Regulations, 5 U.S.C. 301; Judiciary and Judicial Procedure, 28 U.S.C. 533-535; Records Management by Agency Heads, 44 U.S.C. 3101; and Security Requirements for Government Employment, E.O. 10450. Purposes: Selected information is disseminated to determine eligibility for retention, promotion, retirement, separation, and other personnel actions, entitlement to pay and various allowances, Veteran's benefits, unemployment compensation, death benefits, survivor benefits, and FHA In-service loans, assignments, and selective service status. Users are: Selective Service System; Veteran's Administration; Federal Housing Administration; Social Security Administration; Public Health Service; Department of Defense elements; Taxing authorities (Federal, State and local); unemployment compensation authorities; and the organization to which the officer is assigned such as branches of U.S. Military Service, branches of foreign military services, World Weather Organizations, etc. Routine Uses of Records Maintained in the System: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the Department. The records or information contained therein may specifically be disclosed as a routine use as stated below. The Department will, when so authorized, make the determination as to the relevancy of a record prior to its decision to disclose a document. 1. In the event that a system of records maintained by the Department to carry out its functions indicates a violation or potential violation of law or contract, whether civil, criminal or regulatory in nature and whether arising by general statute or particular program statute or contract, rule, regulation, or order issued pursuant thereto, or the necessity to protect an interest of the Department, the relevant records in the system of records, may be referred to the appropriate agency, whether Federal, State, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute or contract, rule, regulation, or order issued pursuant thereto, or protecting the interest of the Department. 2. A record from this system of records may be disclosed in the course of presenting evidence to a court, magistrate, hearing officer or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations, administrative appeals and hearings. 3. A record in this system of records may be disclosed to a Member of Congress submitting a request involving an individual when the individual has requested assistance from the Member with respect to the subject matter of the record. 4. A record in this system of records may be disclosed to the Department of Justice in connection with determining whether the Freedom of Information Act (5 U.S.C. 552) requires disclosure thereof. 5. A record in this system of records may be disclosed to a contractor of the Department having need for the information in the performance of the contract but not operating a system of records within the meaning of 5 U.S.C. 552a(m). 6. A record in this system of records may be disclosed to appropriate agencies, entities and persons when: (1) It is suspected or determined 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 whether systems or programs (whether maintained by the Department 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 the Department's efforts to respond to the suspected or confirmed compromise and to prevent, minimize, or remedy such harm. 7. A record from this system of records may be disclosed, as a routine use, to a Federal, state or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to a Department decision concerning the assignment; hiring or retention of an individual; the issuance of a security clearance; the letting of a contract; or the issuance of a license, grant or other benefit. 8. A record from this system of records may be disclosed, as a routine use, to a Federal, state, local, or international agency, in response to its [[Page 27085]] request, in connection with the assignment, hiring or retention of an individual, the issuance of a security clearance, the reporting of an investigation of an individual, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter. 9. A record in this system of records may be disclosed, as a routine use, to the Office of Management and Budget in connection with the review of private relief legislation as set forth in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth in that Circular. 10. A record in this system may be transferred, as a routine use, to the Office of Personnel Management: For personnel research purposes; as a data source for management information; for the production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained; or for related manpower studies. 11. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services Administration (GSA), or his designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e. GSA or Department) directive. Such disclosure shall not be used to make determinations about individuals. 12. A record in this system of records which contains medical information may be disclosed, as a routine use, to the medical advisor of any individual submitting a request for access to the record under the Act and 15 CFR part 4b if, in the sole judgment of the Department, disclosure could have an adverse effect upon the individual, under the provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 15 CFR part 4b.26. Disclosure to Consumer Reporting Agencies: Disclosure to consumer reporting agencies pursuant to 5 U.S.C. 552a(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)) and the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Paper records in file folders in a secured location and electronic records in a database. Retrievability: Records are organized and retrieved by the individual's name. Safeguards: Records are maintained in a secured area and in a database. Access is granted only on the authority of the Director, NOAA Corps or the Director, Commissioned Personnel Center. Retention and Disposal: Records are retained indefinitely on active duty officers; retired, discharged and deceased officers' records are retained for approximately one year then transferred to the National Archives and Records Administration (NARA), National Records Center, Kansas City, Missouri 64141. System Manager and Address: Director, NOAA Corps and Director, Commissioned Personnel Center (CPC), 8403 Colesville Road, Suite 500, NOAA, Silver Spring, Maryland 20910. Notification Procedure: Information may be obtained from: Director, CPC, see above address. Requester should provide full name, address, social security number, and date of birth, date of separation, pursuant to the inquiry provisions of the Department's rules which appear in 15 CFR part 4b. Record Access Procedures: See NOAA Corps Directive, Chapter 6, part 16107, Requests for Information. Contesting Record Procedures: The Department's rules for access, for contesting contents, and appealing initial determinations by the individuals concerned appear in 15 CFR part 4b. Record Source Categories: Subject individual, official correspondence and forms generated by routine personnel actions, previous employers, prior military service, Selective Service System, Federal Housing Administration, Social Security Administration, and similar sources. Exemptions Claimed For System: Pursuant to 5 U.S.C. 552a(k)(5), all investigatory material in the record which meets the criteria of 5 U.S.C. 552a(k)(5), is exempted from the notice, access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f)) of the agency regulations in order to fulfill commitments made to protect the confidentiality of sources, and to maintain access to sources of information which are necessary to determine an employee's suitability for employment in the NOAA Corps. Dated: May 2, 2016. Michael J. Toland, Department of Commerce, Freedom of Information/Privacy Act Officer. [FR Doc. 2016-10541 Filed 5-4-16; 8:45 am] BILLING CODE 3510-12-P
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Notices Federal Register
Vol. 81, No. 87
Thursday, May 5, 2016
This section of the FEDERAL REGISTER Individuals who use COMMERCE/NOAA–3, Commissioned
contains documents other than rules or telecommunication devices for the deaf Officer Official Personnel Folders.
proposed rules that are applicable to the (TDD) may call the Federal Information
public. Notices of hearings and investigations, Relay Service (FIRS) at 1–800–877–8339 SUMMARY: This notice announces the
committee meetings, agency decisions and between 8:00 a.m. and 8:00 p.m., Department of Commerce’s
rulings, delegations of authority, filing of (Department’s) proposal to amend the
petitions and applications and agency
Eastern Standard Time, Monday
through Friday. system of records entitled
statements of organization and functions are
examples of documents appearing in this SUPPLEMENTARY INFORMATION: The ‘‘COMMERCE/NOAA–3,
section. purpose of the meeting is to review and ‘‘Commissioned Officer Official
recommend funding of project Personnel Folders’’ under the Privacy
proposals. Act of 1974, as amended. This
DEPARTMENT OF AGRICULTURE The meeting is open to the public. amendment would change the name of
The agenda will include time for people the SORN from the ‘‘Commissioned
Forest Service to make oral statements of three minutes Officer Official Personnel Folders’’ to
or less. Individuals wishing to make an ‘‘NOAA Corps Officer Official Personnel
Southern New Mexico Resource Folders.’’ This amendment would also
Advisory Committee oral statement should request in writing
by May 18, 2016, to be scheduled on the update the following sections of the
AGENCY: Forest Service, USDA. agenda. Anyone who would like to current NOAA–3: Addresses, For
bring related matters to the attention of Further Information Contact, Security
ACTION: Notice of meeting. Classification, Authority for
the committee may file written
SUMMARY: The Southern New Mexico statements with the committee staff Maintenance of the System, Storage,
Resource Advisory Committee (RAC) before or after the meeting. Written Purposes, and Routine Uses.
will meet in Socorro, New Mexico. The comments and requests for time to make The National Oceanic and
committee is authorized under the oral comments must be sent to Julia Atmospheric Administration (NOAA)
Secure Rural Schools and Community Faith Rivera, RAC Coordinator, 3005 E. Commissioned Officer Corps (NOAA
Self-Determination Act (the Act) and Camino del Bosque, Silver City, New Corps) is the uniformed service of
operates in compliance with the Federal Mexico 88061; by email to jfrivera@ NOAA, a bureau of the Department. The
Advisory Committee Act. The purpose fs.fed.us, or via facsimile to 575–388– NOAA Corps provides a cadre of
of the committee is to improve 8204. professionals trained in engineering,
collaborative relationships and to Meeting Accommodations: If you are earth sciences, oceanography,
provide advice and recommendations to a person requiring reasonable meteorology, fisheries science, and
the Forest Service concerning projects accommodation, please make requests other related disciplines who serve their
and funding consistent with title II of in advance for sign language country by supporting NOAA’s mission
the Act. RAC information can be found interpreting, assistive listening devices, of surveying the Earth’s oceans, coasts,
at the following Web site: http://www.fs. or other reasonable accommodation. For and atmosphere to ensure the economic
usda.gov/main/gila/workingtogether/ access to the facility or proceedings, and physical well-being of the Nation.
advisorycommittees. please contact the person listed in the Personnel records and folders must be
DATES: The meeting will be held June 8, section titled FOR FURTHER INFORMATION created as they are required by law,
2016, at 8:30 a.m. CONTACT. All reasonable Executive Order, operational guidance
accommodation requests are managed from central management agencies, and/
All RAC meetings are subject to
on a case by case basis. or agency records management
cancellation. For status of meeting prior
programs.
to attendance, please contact the person Dated: April 29, 2016.
listed under FOR FURTHER INFORMATION Adam Mendonca, DATES: To be considered, written
CONTACT. Forest Supervisor, Gila National Forest. comments must be submitted on or
ADDRESSES: The meeting will be held at [FR Doc. 2016–10531 Filed 5–4–16; 8:45 am]
before June 6, 2016. Unless comments
the Socorro County Annex Building, are received, the amended system of
BILLING CODE 3411–15–P
198 Neel Avenue, Socorro, New Mexico. records will become effective as
Written comments may be submitted proposed on June 14, 2016. If comments
as described under SUPPLEMENTARY are received, the Department will
DEPARTMENT OF COMMERCE publish a subsequent notice in the
INFORMATION. All comments, including
names and addresses when provided, [Docket No. 160309221–6221–01] Federal Register within 10 days after
are placed in the record and are the comment period closes, stating that
available for public inspection and RIN 0605–XC034 the current system of records will
copying. The public may inspect remain in effect until publication of a
mstockstill on DSK3G9T082PROD with NOTICES
Privacy Act of 1974; Amended System final action in the Federal Register.
comments received at the Gila National of Records
Forest Office. Please call ahead to ADDRESSES: Comments may be mailed to
facilitate entry into the building. AGENCY: National Oceanic and Director, NOAA Corps, 8403 Colesville
FOR FURTHER INFORMATION CONTACT: Julia Atmospheric Administration, U.S. Road, Suite 500, NOAA, Silver Spring,
Faith Rivera, RAC Coordinator, by Department of Commerce. Maryland 20910.
phone at 575–388–8212 or via email at ACTION: Notice of proposed amendment FOR FURTHER INFORMATION CONTACT:
jfrivera@fs.fed.us. to Privacy Act system of records: Director, NOAA Corps, 8403 Colesville
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![Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 27085
request, in connection with the POLICIES AND PRACTICES FOR STORING, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
assignment, hiring or retention of an RETRIEVING, ACCESSING, RETAINING, AND (H) and (I), and (f)) of the agency
individual, the issuance of a security DISPOSING OF RECORDS IN THE SYSTEM: regulations in order to fulfill
clearance, the reporting of an STORAGE: commitments made to protect the
investigation of an individual, the Paper records in file folders in a confidentiality of sources, and to
letting of a contract, or the issuance of secured location and electronic records maintain access to sources of
a license, grant, or other benefit by the in a database. information which are necessary to
requesting agency, to the extent that the determine an employee’s suitability for
information is relevant and necessary to RETRIEVABILITY: employment in the NOAA Corps.
the requesting agency’s decision on the Records are organized and retrieved Dated: May 2, 2016.
matter. by the individual’s name. Michael J. Toland,
9. A record in this system of records
SAFEGUARDS: Department of Commerce, Freedom of
may be disclosed, as a routine use, to
Records are maintained in a secured Information/Privacy Act Officer.
the Office of Management and Budget in
area and in a database. Access is granted [FR Doc. 2016–10541 Filed 5–4–16; 8:45 am]
connection with the review of private
relief legislation as set forth in OMB only on the authority of the Director, BILLING CODE 3510–12–P
Circular No. A–19 at any stage of the NOAA Corps or the Director,
legislative coordination and clearance Commissioned Personnel Center.
DEPARTMENT OF COMMERCE
process as set forth in that Circular. RETENTION AND DISPOSAL:
10. A record in this system may be Foreign-Trade Zones Board
transferred, as a routine use, to the Records are retained indefinitely on
Office of Personnel Management: For active duty officers; retired, discharged [B–26–2016]
personnel research purposes; as a data and deceased officers’ records are
source for management information; for retained for approximately one year Foreign-Trade Zone (FTZ) 76—
the production of summary descriptive then transferred to the National Bridgeport, Connecticut; Notification
statistics and analytical studies in Archives and Records Administration of Proposed Production Activity;
support of the function for which the (NARA), National Records Center, ASML US, Inc., (Optical, Metrology,
records are collected and maintained; or Kansas City, Missouri 64141. and Lithography System Modules),
for related manpower studies. Newtown and Wilton, Connecticut
SYSTEM MANAGER AND ADDRESS:
11. A record from this system of ASML US, Inc. (ASML), operator of
Director, NOAA Corps and Director,
records may be disclosed, as a routine Subzone 76A, submitted a notification
Commissioned Personnel Center (CPC),
use, to the Administrator, General of proposed production activity to the
8403 Colesville Road, Suite 500, NOAA,
Services Administration (GSA), or his FTZ Board for its facilities in Newtown
Silver Spring, Maryland 20910.
designee, during an inspection of and Wilton, Connecticut. The
records conducted by GSA as part of NOTIFICATION PROCEDURE: notification conforming to the
that agency’s responsibility to Information may be obtained from: requirements of the regulations of the
recommend improvements in records Director, CPC, see above address. FTZ Board (15 CFR 400.22) was
management practices and programs, Requester should provide full name, received on April 26, 2016.
under authority of 44 U.S.C. 2904 and address, social security number, and The facilities are used for the
2906. Such disclosure shall be made in date of birth, date of separation, production of advanced system modules
accordance with the GSA regulations pursuant to the inquiry provisions of the for optical, metrology, and lithography
governing inspection of records for this Department’s rules which appear in 15 semiconductor manufacturing
purpose, and any other relevant (i.e. CFR part 4b. equipment. Pursuant to 15 CFR
GSA or Department) directive. Such 400.14(b), FTZ activity would be limited
disclosure shall not be used to make RECORD ACCESS PROCEDURES:
to the specific foreign-status materials
determinations about individuals. See NOAA Corps Directive, Chapter 6, and components and specific finished
12. A record in this system of records part 16107, Requests for Information. products described in the submitted
which contains medical information
CONTESTING RECORD PROCEDURES: notification (as described below) and
may be disclosed, as a routine use, to
The Department’s rules for access, for subsequently authorized by the FTZ
the medical advisor of any individual
contesting contents, and appealing Board.
submitting a request for access to the
initial determinations by the individuals Production under FTZ procedures
record under the Act and 15 CFR part
concerned appear in 15 CFR part 4b. could exempt ASML from customs duty
4b if, in the sole judgment of the
payments on the foreign status materials
Department, disclosure could have an
RECORD SOURCE CATEGORIES: and components used in export
adverse effect upon the individual,
Subject individual, official production. On its domestic sales,
under the provision of 5 U.S.C.
correspondence and forms generated by ASML would be able to choose the duty
552a(f)(3) and implementing regulations
routine personnel actions, previous rate during customs entry procedures
at 15 CFR part 4b.26.
employers, prior military service, that applies to advanced system
DISCLOSURE TO CONSUMER REPORTING Selective Service System, Federal modules for optical, metrology, and
AGENCIES: lithography semiconductor
Housing Administration, Social Security
Disclosure to consumer reporting manufacturing equipment (free) for the
mstockstill on DSK3G9T082PROD with NOTICES
Administration, and similar sources.
agencies pursuant to 5 U.S.C. foreign status inputs noted below.
552a(b)(12) may be made from this EXEMPTIONS CLAIMED FOR SYSTEM: Customs duties also could possibly be
system to ‘‘consumer reporting Pursuant to 5 U.S.C. 552a(k)(5), all deferred or reduced on foreign status
agencies’’ as defined in the Fair Credit investigatory material in the record production equipment.
Reporting Act (15 U.S.C. 1681a(f)) and which meets the criteria of 5 U.S.C. The components and materials
the Federal Claims Collection Act of 552a(k)(5), is exempted from the notice, sourced from abroad include: Sample
1966 (31 U.S.C. 3701(a)(3)). access, and contest requirements (under holders; tool tests; absorption tubes;
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Document Created: 2016-05-05 01:15:26
Document Modified: 2016-05-05 01:15:26
| 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 proposed amendment to Privacy Act system of records: COMMERCE/NOAA-3, Commissioned Officer Official Personnel Folders. | |
| Dates | To be considered, written comments must be submitted on or before June 6, 2016. Unless comments are received, the amended system of records will become effective as proposed on June 14, 2016. If comments are received, the Department will publish a subsequent notice in the Federal Register within 10 days after the comment period closes, stating that the current system of records will remain in effect until publication of a final action in the Federal Register. | |
| Contact | Director, NOAA Corps, 8403 Colesville Road, Suite 500, NOAA, Silver Spring, Maryland 20910. | |
| FR Citation | 81 FR 27083 | |
| RIN Number | 0605-XC03 |
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