81_FR_44724 81 FR 44593 - Privacy Act of 1974; System of Records

81 FR 44593 - Privacy Act of 1974; System of Records

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 131 (July 8, 2016)

Page Range44593-44596
FR Document2016-16171

This notice announces the Department of Commerce's (Department's) proposal for a new system of records under the Privacy Act. The National Oceanic and Atmospheric Administration's (NOAA's) National Marine Fisheries Service (NMFS) is creating a new system of records for the Financial Services Division's financial assistance programs. Information will be collected from individuals and businesses under the authority of title XI of the Merchant Marine Act of 1936, as amended and codified, and the Magnuson-Stevens Fishery Conservation and Management Act, as amended. This new record system is necessary to determine whether applicants for program financing, Fishermen's Contingency claims, or participants in Capital Construction Fund accounts or Fishery Capacity Reduction programs are eligible and are creditworthy.

Federal Register, Volume 81 Issue 131 (Friday, July 8, 2016)
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44593-44596]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 160606490-6490-01]


Privacy Act of 1974; System of Records

AGENCY: National Oceanic and Atmospheric Administration, U.S Department 
of Commerce.

ACTION: Notice of a New Privacy Act System of Records: COMMERCE/NOAA-
21, Financial Systems Division.

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

SUMMARY: This notice announces the Department of Commerce's 
(Department's) proposal for a new system of records under the Privacy 
Act. The National Oceanic and Atmospheric Administration's (NOAA's) 
National Marine Fisheries Service (NMFS) is creating a new system of 
records for the Financial Services Division's financial assistance 
programs. Information will be collected from individuals and businesses 
under the authority of title XI of the Merchant Marine Act of 1936, as 
amended and codified, and the Magnuson-Stevens Fishery Conservation and 
Management Act, as amended. This new record system is necessary to 
determine whether applicants for program financing, Fishermen's 
Contingency claims, or participants in Capital Construction Fund 
accounts or Fishery Capacity Reduction programs are eligible and are 
creditworthy.

DATES: To be considered, written comments must be submitted on or 
before August 8, 2016. Unless comments are received, the new system of 
records will become effective as proposed on August 17, 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: Paul Marx, Chief, Financial 
Services Division, National Marine Fisheries Service, 1315 East West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Paul Marx, Chief, Financial Services 
Division, National Marine Fisheries Service, 1315 East West Highway, 
Silver Spring, MD 20910.

SUPPLEMENTARY INFORMATION: NMFS will use the information contained in 
this system of records to determine whether applicants for the 
Fisheries Financing Program (FFP) are both

[[Page 44594]]

eligible and creditworthy; whether applicants for fishing gear 
reimbursements under the Fishermen's Contingency Fund (FCF) are 
eligible and present valid claims; whether participants under the 
Capital Construction Fund (CCF) are eligible to participate; and 
whether participants in Fisheries Capacity Reduction programs (Buyback) 
are providing correct information. The information collected is 
essential for financial assistance and program eligibility 
determinations. It is comparable to what is usually required by 
commercial lending institutions when making lending decisions, or 
insurance institutions when adjusting claims. Applicants with a history 
of credit problems (including delinquent Federal debt), litigation or 
bankruptcy, lack of capital, etc., may be unable to meet the FFP's 
stringent credit standards and may be denied financing. Applicants for 
CCF accounts with an ineligible vessel or an ineligible project may be 
unable to meet the CCF program requirements. Claimants with 
insufficient or incorrect documentation may be ineligible to receive 
reimbursements for fishing gear lost on the Outer Continental Shelf. 
Participants in the Capacity Reduction programs who fail to remit fees 
or fail to remit them timely may face penalties and late charges.
    The information collection is requested from individuals and 
businesses under the authority of title XI of the Merchant Marine Act 
of 1936, as amended and codified, and the Magnuson-Stevens Fishery 
Conservation and Management Act, as amended. The information collection 
includes collecting each applicant's Tax Identification Number (TIN), 
either an Employer Identification Number (EIN) or Social Security 
Number (SSN). Collection of a TIN is required under 31 U.S.C. 7701. The 
primary purpose for requesting the TIN is to correctly identify the 
applicant for background and credit investigations and program 
eligibility, and may be used to report or collect any delinquent 
amounts arising out of an applicant's relationship with the Government.
COMMERCE/NOAA-21

System Name:
    COMMERCE/NOAA-21, Financial Services Division.

Security Classification:
    Moderate.

System Locations:
    a. NMFS Northeast Financial Services Branch, MB51, 55 Great 
Republic Drive, Suite 02-700, Gloucester, MA 01930-2209.
    b. NMFS Southeast Financial Services Branch, MB52, 263-13th Avenue 
South, St. Petersburg, FL 33702-2432.
    c. NMFS Northwest Financial Services Branch, MB53, 7600 Sand Point 
Way NW., Bin C15700, Building #1, Seattle, WA 98115.
    d. NMFS Financial Services Division, 1315 East West Highway, Silver 
Spring, MD 20910.

Categories of Individuals Covered by the System:
    Applicants for Fisheries Finance Program financial assistance, 
including: Direct loans for vessels, shoreside facilities, aquaculture, 
mariculture, and individual fishing quota (IFQ) loans; applicants for 
Capital Construction Fund (CCF) accounts; fishers and fish buyers 
participating in Capacity Reduction loan (Buyback) programs; and 
claimants under the Fishermen's Contingency Fund.

Categories of Records in the System:
    The system will include general personal and financial data 
including: The loan applicant's identity (including full name, address, 
and, as applicable, the SSN or EIN); the amount of financing applied 
for, the purpose of the loan; an appraisal of the vessel, facility or 
project being financed; Coast Guard documentation or Abstracts of title 
to vessels; income and financial information, including the applicant's 
last three Federal tax returns; LLC or Partnership agreements; a list 
of creditors and buyers with relevant credit terms; identification of 
authorized representatives (accountant, attorney, insurance agent); 
loan servicing actions and financial transactions; and the applicant's 
legal and credit history (status regarding bankruptcy, litigation, 
delinquency on debt, etc.). This information will be collected and 
maintained by the Financial Services Division and its branches.
    The system will also include the CCF account holder's identity 
(including full name, address, and as applicable, the SSN or EIN); the 
nature of the account, banking information, the description of the 
project for which the account is to be created; income, business and 
financial information including the applicant and/or account holder's 
tax return, LLC and Partnership agreements; Coast Guard documentation, 
bills of sale, mortgages, etc.; identification of authorized 
representatives (accountant, attorney); and reports of account activity 
including all deposits and withdrawals. The system of records will 
include FCF claimants' identity (including full name, address, and, as 
applicable, the SSN or EIN); Vessel name and characteristics; fishing 
results for the three most recent trips; receipts for gear and 
equipment replaced; and information about the claimant's prior claims. 
The system of records will include Capacity Reduction program 
participants' identity (including full name, address, and, as 
applicable, the SSN or EIN); processor number, fish ticket information, 
receipt and payment information, and banking information.

Authorities for Maintenance of the System:
    Title XI of the Merchant Marine Act of 1936 as amended and 
codified, 46 U.S.C. 1177 and 46 U.S.C. 53701 et seq., the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et 
seq., and provisions of the Debt Collection Improvement Act as codified 
at 31 U.S.C. 7701.

Purpose(s):
    This information will allow NMFS to identify applicants and program 
participants and evaluate them for Financial Services Division 
financial assistance.

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, these records or information contained 
therein may specifically be disclosed outside of the Department. These 
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, contract or rule, regulation or order issued pursuant 
thereto, or protecting the interests of the Department.
    2. A record from this system of records may be disclosed in the 
course

[[Page 44595]]

of presenting evidence to a court, magistrate, or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    3. 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.
    4. 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 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.
    5. A record in this system will be disclosed to the Department of 
Treasury for the purpose of reporting and recouping delinquent debts 
owed to the United States pursuant to the Debt Collection Improvement 
Act of 1996.
    6. 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).
    7. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when: (1) It is suspected 
or confirmed that the security of 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 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 
prevent, minimize, or remedy such harm.
    8. A record or information in this system of records may be 
disclosed to private sector appraisers, marine architects, attorneys, 
accountants, banks, lending institutions, real estate agents, brokers, 
title companies, state or local agencies, commercial registries, credit 
bureaus, rating agencies, and/or other persons and entities for the 
purpose of making credit and eligibility evaluations; lender due 
diligence investigations; CCF account validations; FCF claim 
adjustments; and/or the creation, attachment, perfection, maintenance, 
realization, or foreclosure of security interests.
    9. A record in this system of records may be disclosed, as a 
routine use, 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.
    10. 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.
    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 Commerce) directive. Such 
disclosure shall not be used to make determinations about individuals.

Disclosure to Consumer Reporting Agencies:
    Disclosure 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: Financial Services Divisions applications and related 
information are stored in a computerized database; CDs or DVDs; paper 
records stored in file folders in locked metal cabinets and/or locked 
rooms.
    Retrievability: Records are organized and retrieved by an NMFS 
internal identification number, name of entity, case number, vessel 
name or identification number, plant name, processor number, or claim 
number. Records can be accessed by any file element or any combination 
thereof.
    Safeguards: The system of records is stored in a building with 
doors that are locked during and after business hours. Visitors to the 
facility must register with security guards and must be accompanied by 
Federal personnel at all times. Paper records are stored in a locked 
room and/or a locked file cabinet. Electronic records containing 
Privacy Act information are protected by a user identification/
password, and reside on an internal computer system protected by an 
electronic ``firewall'' to prevent access from outside the Federal 
facility. The user identification/password is issued to individuals by 
authorized personnel.
    All electronic information disseminated by NOAA adheres to the 
standards set out in Appendix III, Security of Automated Information 
Resources, OMB Circular A-130; the Computer Security Act (15 U.S.C. 
278g-3 and 278g-4); and the Government Information Security Reform Act, 
Public Law 106-398; and follows NIST SP 800-18, Guide for Developing 
Security Plans for Federal Information Systems; NIST SP 800-26, 
Security Self-Assessment Guide for Information Technology Systems; and 
NITS SP 800-53, Recommended Security Controls for Federal Information 
Systems.
    Retention and Disposal: All records are retained and disposed of in 
accordance with National Archives and Records Administration 
regulations (35 CFR chapter XII, subchapter B--Records Management); 
Departmental directives and comprehensive records schedules; NOAA 
Administrative Order 205-01; and the NMFS Records Disposition Schedule, 
Chapter 1500.

System Managers and Addresses:
    For records at location a.: Chief, Northeast Financial Services 
Branch, 55 Great Republic Drive, Suite 02-700, Gloucester, MA 01930-
2209.
    For records at location b.: Chief, Southeast Financial Services 
Branch, 263 13th Avenue, South, St. Petersburg, FL 33702-2432.
    For records at location c.: Chief, Northwest Financial Services 
Branch, 7600 Sand Point Way NW., (Bin C15700) Bldg. #1, Seattle, WA 
98115.
    For records at location d.: Chief, Financial Services Division, 
1315 East West Highway, Silver Spring, MD 20910.

Notification Procedure:
    Individuals or businesses seeking to determine whether information 
about themselves is contained in this system should address written 
inquiries to the NOAA Privacy Act Officer: Privacy Act Officer, NOAA, 
1315 East West

[[Page 44596]]

Highway, Room 10641, Silver Spring, MD 20910.
    Written requests must be signed by the requesting individual. 
Requestor must make the request in writing and provide his/her name, 
address, and date of the request and the nature of the record sought. 
All such requests must comply with the inquiry provisions of the 
Department's Privacy Act rules which appear at 15 CFR part 4, Appendix 
A.

Record Access Procedures:
    Requests for access to records maintained in this system of records 
should be addressed to the same address given in the Notification 
section above.

Contesting Record Procedures:
    The Department's rules for access, for contesting content, and for 
appealing initial determinations by the individual or business 
concerned are provided for in 15 CFR part 4, Appendix A.

Record Source Categories:
    Information in this system will be collected from individuals and 
businesses applying for Financial Systems Division financial 
assistance.

Exemption Claims for System:
    None.

    Dated: July 5, 2016.
Michael J. Toland,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2016-16171 Filed 7-7-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                      Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices                                           44593

                                                    30 minutes; Sablefish ownership                          the permit owner is required to report                DEPARTMENT OF COMMERCE
                                                    interest form, 10 minutes ; EFP                          the remaining tier pounds not yet
                                                    Applications, 32 hours; EFP Trip                         harvested on the sablefish endorsed                   National Oceanic and Atmospheric
                                                    Notifications 2 minutes; EFP Harvest                     permit at the time of transfer.                       Administration
                                                    Plans: 16 hours; EFP Data Reports: 2                                                                           [Docket No. 160606490–6490–01]
                                                                                                                Applicants for an exempted fishing
                                                    hours;; EFP Summary Reports: interim
                                                                                                             permit (EFP) must submit written
                                                    report, 4 hours; final report, 20 hours.                                                                       Privacy Act of 1974; System of
                                                       Burden Hours: 2,000.                                  information that allows NOAA Fisheries
                                                                                                             and the Pacific Fishery Management                    Records
                                                       Needs and Uses: This request is for
                                                    extension of a currently approved                        Council to evaluate the proposed                      AGENCY: National Oceanic and
                                                    information collection.                                  exempted fishing project activities and               Atmospheric Administration, U.S
                                                       The Magnuson-Stevens Act (16 U.S.C.                   weigh the benefits and costs of the                   Department of Commerce.
                                                    1801) provides that the Secretary of                     proposed activities. The Council makes                ACTION: Notice of a New Privacy Act
                                                    Commerce is responsible for the                          a recommendation on each EFP                          System of Records: COMMERCE/
                                                    conservation and management of marine                    application and for successful                        NOAA–21, Financial Systems Division.
                                                    fisheries resources in Exclusive                         applicants, NOAA Fisheries issues the
                                                    Economic Zone (3–200 miles) of the                       EFPs which contains terms and                         SUMMARY:   This notice announces the
                                                    United States (U.S.). NOAA Fisheries,                    conditions for the project including                  Department of Commerce’s
                                                    West Coast Region—Northwest manages                      various reporting requirements. The                   (Department’s) proposal for a new
                                                    the Pacific Coast Groundfish Fishery in                  information included in an application                system of records under the Privacy Act.
                                                    the Exclusive Economic Zone (EEZ) off                                                                          The National Oceanic and Atmospheric
                                                                                                             is specified at 50 CFR 600.745(b)(2) and
                                                    Washington, Oregon, and California                                                                             Administration’s (NOAA’s) National
                                                                                                             the Council Operating Procedure #19.
                                                    under the Pacific Coast Groundfish                                                                             Marine Fisheries Service (NMFS) is
                                                    Fishery Management Plan. The                             Permit holders are required to file                   creating a new system of records for the
                                                    regulations implementing the Pacific                     preseason harvest plans, interim and/or               Financial Services Division’s financial
                                                    Groundfish Fishery require that those                    final summary reports on the results of               assistance programs. Information will be
                                                    vessels participating in the limited entry               the project and in some cases individual              collected from individuals and
                                                    fishery to be registered to a valid limited              vessels and other permit holders are                  businesses under the authority of title
                                                    entry permit. Participation in the fishery               required to provide data reports                      XI of the Merchant Marine Act of 1936,
                                                    and access to a limited entry permit has                 (logbooks and/or catch reports The                    as amended and codified, and the
                                                    been restricted to control the overall                   results of EFPs are commonly used to                  Magnuson-Stevens Fishery
                                                    harvest capacity. The regulations                        explore ways to reduce effort on                      Conservation and Management Act, as
                                                    implementing the limited entry program                   depressed stocks, encourage innovation                amended. This new record system is
                                                    are found at 50 CFR part 660, subpart                    and efficiency in the fishery, provide                necessary to determine whether
                                                    G.                                                       access to constrained stocks which                    applicants for program financing,
                                                       NOAA Fisheries seeks comment on                       directly measuring the bycatch                        Fishermen’s Contingency claims, or
                                                    the extension of permit information                      associated with such strategies and                   participants in Capital Construction
                                                    collections required for: (1) Renewal                    evaluate/revise current and proposed                  Fund accounts or Fishery Capacity
                                                    and transfer of Pacific Coast Groundfish                 management measures.                                  Reduction programs are eligible and are
                                                    limited entry permits; (2)                                                                                     creditworthy.
                                                    implementation of certain provisions of                     Affected Public: Business or other for-
                                                                                                             profit organizations, individuals or                  DATES: To be considered, written
                                                    the sablefish permit stacking program as                                                                       comments must be submitted on or
                                                    provided for at 50 CFR 660.231 and                       households, not-for-profit institutions;
                                                                                                             state, local or tribal government.                    before August 8, 2016. Unless comments
                                                    660.25; and (3) issuing and fulfilling the                                                                     are received, the new system of records
                                                    terms and conditions of certain                             Frequency: Annually, semi-annually,                will become effective as proposed on
                                                    exempted fishing permits (EFPs).                         monthly and on occasion.                              August 17, 2016. If comments are
                                                       Also, NOAA Fisheries requires an
                                                                                                                Respondent’s Obligation: Required to               received, the Department will publish a
                                                    information collection to implement
                                                                                                             obtain or retain benefits.                            subsequent notice in the Federal
                                                    certain aspects of the sablefish permit
                                                                                                                                                                   Register within 10 days after the
                                                    stacking program which prevents                             This information collection request
                                                                                                                                                                   comment period closes, stating that the
                                                    excessive fleet consolidation. As part of                may be viewed at reginfo.gov. Follow
                                                                                                                                                                   current system of records will remain in
                                                    the annual renewal process, NOAA                         the instructions to view Department of                effect until publication of a final action
                                                    Fisheries requires a corporation or                      Commerce collections currently under                  in the Federal Register.
                                                    partnership that owns or holds (as                       review by OMB.
                                                    vessel owner) a sablefish endorsed                                                                             ADDRESSES: Comments may be mailed
                                                                                                                Written comments and                               to: Paul Marx, Chief, Financial Services
                                                    permit to provide a complete ownership
                                                                                                             recommendations for the proposed                      Division, National Marine Fisheries
                                                    interest form listing all individuals with
                                                    ownership interest in the entity.                        information collection should be sent                 Service, 1315 East West Highway, Silver
                                                    Similarly, any sablefish endorsed permit                 within 30 days of publication of this                 Spring, MD 20910.
                                                    transfer involving registration of a                     notice to OIRA_Submission@                            FOR FURTHER INFORMATION CONTACT: Paul
                                                    business entity requires an ownership                    omb.eop.gov or fax to (202) 395–5806.                 Marx, Chief, Financial Services
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    interest form if either the permit owner                   Dated: July 5, 2016.                                Division, National Marine Fisheries
                                                    or vessel owner is a corporation or                      Sarah Brabson,
                                                                                                                                                                   Service, 1315 East West Highway, Silver
                                                    partnership. This information is used to                                                                       Spring, MD 20910.
                                                                                                             NOAA PRA Clearance Officer.
                                                    determine if individuals own or hold                                                                           SUPPLEMENTARY INFORMATION: NMFS
                                                                                                             [FR Doc. 2016–16173 Filed 7–7–16; 8:45 am]
                                                    sablefish permits in excess of the limit                                                                       will use the information contained in
                                                    of 3 permits. Also, for transfer requests                BILLING CODE 3510–22–P                                this system of records to determine
                                                    made during the sablefish primary                                                                              whether applicants for the Fisheries
                                                    season (April 1st through October 31st),                                                                       Financing Program (FFP) are both


                                               VerDate Sep<11>2014   17:00 Jul 07, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\08JYN1.SGM   08JYN1


                                                    44594                             Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    eligible and creditworthy; whether                       Suite 02–700, Gloucester, MA 01930–                   address, and, as applicable, the SSN or
                                                    applicants for fishing gear                              2209.                                                 EIN); Vessel name and characteristics;
                                                    reimbursements under the Fishermen’s                       b. NMFS Southeast Financial Services                fishing results for the three most recent
                                                    Contingency Fund (FCF) are eligible and                  Branch, MB52, 263–13th Avenue South,                  trips; receipts for gear and equipment
                                                    present valid claims; whether                            St. Petersburg, FL 33702–2432.                        replaced; and information about the
                                                    participants under the Capital                             c. NMFS Northwest Financial                         claimant’s prior claims. The system of
                                                    Construction Fund (CCF) are eligible to                  Services Branch, MB53, 7600 Sand                      records will include Capacity Reduction
                                                    participate; and whether participants in                 Point Way NW., Bin C15700, Building                   program participants’ identity
                                                    Fisheries Capacity Reduction programs                    #1, Seattle, WA 98115.                                (including full name, address, and, as
                                                    (Buyback) are providing correct                            d. NMFS Financial Services Division,                applicable, the SSN or EIN); processor
                                                    information. The information collected                   1315 East West Highway, Silver Spring,                number, fish ticket information, receipt
                                                    is essential for financial assistance and                MD 20910.                                             and payment information, and banking
                                                    program eligibility determinations. It is                                                                      information.
                                                                                                             CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                    comparable to what is usually required                   SYSTEM:                                               AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
                                                    by commercial lending institutions
                                                                                                               Applicants for Fisheries Finance                      Title XI of the Merchant Marine Act
                                                    when making lending decisions, or
                                                                                                             Program financial assistance, including:              of 1936 as amended and codified, 46
                                                    insurance institutions when adjusting
                                                                                                             Direct loans for vessels, shoreside                   U.S.C. 1177 and 46 U.S.C. 53701 et seq.,
                                                    claims. Applicants with a history of
                                                                                                             facilities, aquaculture, mariculture, and             the Magnuson-Stevens Fishery
                                                    credit problems (including delinquent
                                                                                                             individual fishing quota (IFQ) loans;                 Conservation and Management Act, 16
                                                    Federal debt), litigation or bankruptcy,
                                                                                                             applicants for Capital Construction                   U.S.C. 1801 et seq., and provisions of
                                                    lack of capital, etc., may be unable to
                                                                                                             Fund (CCF) accounts; fishers and fish                 the Debt Collection Improvement Act as
                                                    meet the FFP’s stringent credit
                                                                                                             buyers participating in Capacity                      codified at 31 U.S.C. 7701.
                                                    standards and may be denied financing.
                                                                                                             Reduction loan (Buyback) programs;
                                                    Applicants for CCF accounts with an                                                                            PURPOSE(S):
                                                                                                             and claimants under the Fishermen’s
                                                    ineligible vessel or an ineligible project                                                                       This information will allow NMFS to
                                                                                                             Contingency Fund.
                                                    may be unable to meet the CCF program                                                                          identify applicants and program
                                                    requirements. Claimants with                             CATEGORIES OF RECORDS IN THE SYSTEM:                  participants and evaluate them for
                                                    insufficient or incorrect documentation                     The system will include general                    Financial Services Division financial
                                                    may be ineligible to receive                             personal and financial data including:                assistance.
                                                    reimbursements for fishing gear lost on                  The loan applicant’s identity (including              ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                    the Outer Continental Shelf.                             full name, address, and, as applicable,               SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                    Participants in the Capacity Reduction                   the SSN or EIN); the amount of                        THE PURPOSES OF SUCH USES:
                                                    programs who fail to remit fees or fail                  financing applied for, the purpose of the                In addition to those disclosures
                                                    to remit them timely may face penalties                  loan; an appraisal of the vessel, facility            generally permitted under 5 U.S.C.
                                                    and late charges.                                        or project being financed; Coast Guard                552a(b) of the Privacy Act, these records
                                                       The information collection is                         documentation or Abstracts of title to                or information contained therein may
                                                    requested from individuals and                           vessels; income and financial                         specifically be disclosed outside of the
                                                    businesses under the authority of title                  information, including the applicant’s                Department. These records or
                                                    XI of the Merchant Marine Act of 1936,                   last three Federal tax returns; LLC or                information contained therein may
                                                    as amended and codified, and the                         Partnership agreements; a list of                     specifically be disclosed as a routine use
                                                    Magnuson-Stevens Fishery                                 creditors and buyers with relevant                    as stated below. The Department will,
                                                    Conservation and Management Act, as                      credit terms; identification of authorized            when so authorized, make the
                                                    amended. The information collection                      representatives (accountant, attorney,                determination as to the relevancy of a
                                                    includes collecting each applicant’s Tax                 insurance agent); loan servicing actions              record prior to its decision to disclose
                                                    Identification Number (TIN), either an                   and financial transactions; and the                   a document.
                                                    Employer Identification Number (EIN)                     applicant’s legal and credit history                     1. In the event that a system of records
                                                    or Social Security Number (SSN).                         (status regarding bankruptcy, litigation,             maintained by the Department to carry
                                                    Collection of a TIN is required under 31                 delinquency on debt, etc.). This                      out its functions indicates a violation or
                                                    U.S.C. 7701. The primary purpose for                     information will be collected and                     potential violation of law or contract,
                                                    requesting the TIN is to correctly                       maintained by the Financial Services                  whether civil, criminal or regulatory in
                                                    identify the applicant for background                    Division and its branches.                            nature and whether arising by general
                                                    and credit investigations and program                       The system will also include the CCF               statute or particular program statute or
                                                    eligibility, and may be used to report or                account holder’s identity (including full             contract, rule, regulation, or order
                                                    collect any delinquent amounts arising                   name, address, and as applicable, the                 issued pursuant thereto, or the necessity
                                                    out of an applicant’s relationship with                  SSN or EIN); the nature of the account,               to protect an interest of the Department,
                                                    the Government.                                          banking information, the description of               the relevant records in the system of
                                                    COMMERCE/NOAA–21
                                                                                                             the project for which the account is to               records may be referred to the
                                                                                                             be created; income, business and                      appropriate agency, whether Federal,
                                                    SYSTEM NAME:                                             financial information including the                   State, local, or foreign, charged with the
                                                                                                             applicant and/or account holder’s tax                 responsibility of investigating or
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                                                      COMMERCE/NOAA–21, Financial
                                                    Services Division.                                       return, LLC and Partnership agreements;               prosecuting such violation or charged
                                                                                                             Coast Guard documentation, bills of                   with enforcing or implementing the
                                                    SECURITY CLASSIFICATION:                                 sale, mortgages, etc.; identification of              statute, contract or rule, regulation or
                                                       Moderate.                                             authorized representatives (accountant,               order issued pursuant thereto, or
                                                                                                             attorney); and reports of account activity            protecting the interests of the
                                                    SYSTEM LOCATIONS:                                        including all deposits and withdrawals.               Department.
                                                      a. NMFS Northeast Financial Services                   The system of records will include FCF                   2. A record from this system of
                                                    Branch, MB51, 55 Great Republic Drive,                   claimants’ identity (including full name,             records may be disclosed in the course


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                                                                                      Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices                                            44595

                                                    of presenting evidence to a court,                       credit bureaus, rating agencies, and/or                 Safeguards: The system of records is
                                                    magistrate, or administrative tribunal,                  other persons and entities for the                    stored in a building with doors that are
                                                    including disclosures to opposing                        purpose of making credit and eligibility              locked during and after business hours.
                                                    counsel in the course of settlement                      evaluations; lender due diligence                     Visitors to the facility must register with
                                                    negotiations.                                            investigations; CCF account validations;              security guards and must be
                                                       3. A record in this system of records                 FCF claim adjustments; and/or the                     accompanied by Federal personnel at all
                                                    may be disclosed to the Department of                    creation, attachment, perfection,                     times. Paper records are stored in a
                                                    Justice in connection with determining                   maintenance, realization, or foreclosure              locked room and/or a locked file
                                                    whether the Freedom of Information Act                   of security interests.                                cabinet. Electronic records containing
                                                    (5 U.S.C. 552) requires disclosure                         9. A record in this system of records               Privacy Act information are protected
                                                    thereof.                                                 may be disclosed, as a routine use, to a              by a user identification/password, and
                                                       4. A record from this system of                       Member of Congress submitting a                       reside on an internal computer system
                                                    records may be disclosed, as a routine                   request involving an individual when                  protected by an electronic ‘‘firewall’’ to
                                                    use, to a Federal, state, local, or                      the individual has requested assistance               prevent access from outside the Federal
                                                    international agency, in response to its                 from the Member with respect to the                   facility. The user identification/
                                                    request, in connection with the                          subject matter of the record.                         password is issued to individuals by
                                                    assignment, hiring or retention of an                      10. A record in this system of records              authorized personnel.
                                                    individual, the issuance of a security                   may be disclosed, as a routine use, to                  All electronic information
                                                    clearance, the reporting of an                           the Office of Management and Budget in                disseminated by NOAA adheres to the
                                                    investigation of an individual, the                      connection with the review of private                 standards set out in Appendix III,
                                                    letting of a contract, or the issuance of                relief legislation as set forth in OMB                Security of Automated Information
                                                    a license, grant, or other benefit by the                Circular No. A–19 at any stage of the                 Resources, OMB Circular A–130; the
                                                    requesting agency, to the extent that the                legislative coordination and clearance                Computer Security Act (15 U.S.C. 278g–
                                                    information is relevant and necessary to                 process as set forth in that Circular.                3 and 278g–4); and the Government
                                                    the requesting agency’s decision on the                    11. A record from this system of                    Information Security Reform Act, Public
                                                    matter.                                                  records may be disclosed, as a routine                Law 106–398; and follows NIST SP
                                                       5. A record in this system will be                    use, to the Administrator, General                    800–18, Guide for Developing Security
                                                    disclosed to the Department of Treasury                  Services Administration (GSA), or his                 Plans for Federal Information Systems;
                                                    for the purpose of reporting and                         designee, during an inspection of                     NIST SP 800–26, Security Self-
                                                    recouping delinquent debts owed to the                   records conducted by GSA as part of                   Assessment Guide for Information
                                                    United States pursuant to the Debt
                                                                                                             that agency’s responsibility to                       Technology Systems; and NITS SP 800–
                                                    Collection Improvement Act of 1996.
                                                                                                             recommend improvements in records                     53, Recommended Security Controls for
                                                       6. A record in this system of records
                                                    may be disclosed to a contractor of the                  management practices and programs,                    Federal Information Systems.
                                                                                                             under authority of 44 U.S.C. 2904 and                   Retention and Disposal: All records
                                                    Department having need for the
                                                                                                             2906. Such disclosure shall be made in                are retained and disposed of in
                                                    information in the performance of the
                                                                                                             accordance with the GSA regulations                   accordance with National Archives and
                                                    contract but not operating a system of
                                                                                                             governing inspection of records for this              Records Administration regulations (35
                                                    records within the meaning of 5 U.S.C.
                                                                                                             purpose, and any other relevant (i.e.                 CFR chapter XII, subchapter B—Records
                                                    552a(m).
                                                       7. A record in this system of records                 GSA or Commerce) directive. Such                      Management); Departmental directives
                                                    may be disclosed to appropriate                          disclosure shall not be used to make                  and comprehensive records schedules;
                                                    agencies, entities, and persons when: (1)                determinations about individuals.                     NOAA Administrative Order 205–01;
                                                    It is suspected or confirmed that the                                                                          and the NMFS Records Disposition
                                                                                                             DISCLOSURE TO CONSUMER REPORTING
                                                    security of confidentiality of                                                                                 Schedule, Chapter 1500.
                                                                                                             AGENCIES:
                                                    information in the system of records has                   Disclosure pursuant to 5 U.S.C.                     SYSTEM MANAGERS AND ADDRESSES:
                                                    been compromised; (2) the Department                     552a(b)(12) may be made from this                       For records at location a.: Chief,
                                                    has determined that, as a result of the                  system to ‘‘consumer reporting                        Northeast Financial Services Branch, 55
                                                    suspected or confirmed compromise,                       agencies’’ as defined in the Fair Credit              Great Republic Drive, Suite 02–700,
                                                    there is a risk of harm to economic or                   Reporting Act (15 U.S.C. 1681a(f)) and                Gloucester, MA 01930–2209.
                                                    property interests, identity theft or                    the Federal Claims Collection Act of                    For records at location b.: Chief,
                                                    fraud, or harm to the security or                        1966 (31 U.S.C. 3701(a)(3)).                          Southeast Financial Services Branch,
                                                    integrity of this system or other systems                                                                      263 13th Avenue, South, St. Petersburg,
                                                    or programs (whether maintained by the                   POLICIES AND PRACTICES FOR STORING,
                                                                                                                                                                   FL 33702–2432.
                                                    Department or another agency or entity)                  RETRIEVING, ACCESSING, RETAINING, AND
                                                                                                                                                                     For records at location c.: Chief,
                                                    that rely upon the compromised                           DISPOSING OF RECORDS IN THE SYSTEM:
                                                                                                                                                                   Northwest Financial Services Branch,
                                                    information; and (3) the disclosure                        Storage: Financial Services Divisions               7600 Sand Point Way NW., (Bin
                                                    made to such agencies, entities and                      applications and related information are              C15700) Bldg. #1, Seattle, WA 98115.
                                                    persons is reasonably necessary to assist                stored in a computerized database; CDs                  For records at location d.: Chief,
                                                    in connection with the Department’s                      or DVDs; paper records stored in file                 Financial Services Division, 1315 East
                                                    efforts to respond to the suspected or                   folders in locked metal cabinets and/or               West Highway, Silver Spring, MD
                                                    confirmed compromise and prevent,                        locked rooms.
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                                                                                                                                                                   20910.
                                                    minimize, or remedy such harm.                             Retrievability: Records are organized
                                                       8. A record or information in this                    and retrieved by an NMFS internal                     NOTIFICATION PROCEDURE:
                                                    system of records may be disclosed to                    identification number, name of entity,                  Individuals or businesses seeking to
                                                    private sector appraisers, marine                        case number, vessel name or                           determine whether information about
                                                    architects, attorneys, accountants,                      identification number, plant name,                    themselves is contained in this system
                                                    banks, lending institutions, real estate                 processor number, or claim number.                    should address written inquiries to the
                                                    agents, brokers, title companies, state or               Records can be accessed by any file                   NOAA Privacy Act Officer: Privacy Act
                                                    local agencies, commercial registries,                   element or any combination thereof.                   Officer, NOAA, 1315 East West


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                                                    44596                             Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    Highway, Room 10641, Silver Spring,                      603–7740, Fax: (703) 603–0655, or email                 7220–00–NSH–0022—Mat, Floor, Chair,
                                                    MD 20910.                                                CMTEFedReg@AbilityOne.gov.                                45″ x 53″ x .110″, w/20″ x 12″ Lip
                                                      Written requests must be signed by                                                                             7220–00–NSH–0023—Mat, Floor, Chair,
                                                                                                             SUPPLEMENTARY INFORMATION:                                45″ x 53″ x .110″, w/25″ x 12″ Lip
                                                    the requesting individual. Requestor
                                                    must make the request in writing and                     Additions                                               7220–00–NSH–0024—Mat, Floor, Chair,
                                                                                                                                                                       46″ x 60″ x .110″, w/25″ x 12″ Lip
                                                    provide his/her name, address, and date                    On 3/25/2016 (81 FR 16145–16146)                      7220–00–NSH–0025—Mat, Floor, Chair,
                                                    of the request and the nature of the                     and 6/3/2016 (81 FR 35749–35750), the                     46″ x 60″ x .110″, Without Lip
                                                    record sought. All such requests must                    Committee for Purchase From People                      7220–00–NSH–0026—Mat, Floor, Chair,
                                                    comply with the inquiry provisions of                    Who Are Blind or Severely Disabled                        60″ x 60″ x .110″, Without Lip
                                                    the Department’s Privacy Act rules                       published notices of proposed additions                 7220–00–NSH–0030—Mat, Floor, Chair,
                                                    which appear at 15 CFR part 4,                           to the Procurement List.                                  36″ x 48″ x .150″, w/20″ x 12″ Lip
                                                    Appendix A.                                                                                                      7220–00–NSH–0031—Mat, Floor, Chair,
                                                                                                               After consideration of the material                     45″ x 53″ x .150″, w/25″ x 12″ Lip
                                                    RECORD ACCESS PROCEDURES:                                presented to it concerning capability of                7220–00–NSH–0032—Mat, Floor, Chair,
                                                      Requests for access to records                         qualified nonprofit agencies to provide                   45″ x 53″ x .150″, w/20″ x 12″ Lip
                                                    maintained in this system of records                     the products and service and impact of                  7220–00–NSH–0033—Mat, Floor, Chair,
                                                    should be addressed to the same address                  the additions on the current or most                      45″ x 53″ x .220″, w/20″ x 12″ Lip
                                                    given in the Notification section above.                 recent contractors, the Committee has                   7220–00–NSH–0035—Mat, Floor, Chair,
                                                                                                             determined that the products and                          46″ x 60″ x .150″, Without Lip
                                                    CONTESTING RECORD PROCEDURES:                            service listed below are suitable for                   7220–00–NSH–0036—Mat, Floor, Chair,
                                                      The Department’s rules for access, for                 procurement by the Federal Government                     46″ x 60″ x .150″, w/25″ x 12″ Lip
                                                    contesting content, and for appealing                                                                            7220–00–NSH–0038—Mat, Floor, Chair,
                                                                                                             under 41 U.S.C. 8501–8506 and 41 CFR                      46″ x 60″ x .220″, w/25″ x 12″ Lip
                                                    initial determinations by the individual                 51–2.4.                                                 7220–00–NSH–0039—Mat, Floor, Chair,
                                                    or business concerned are provided for                                                                             46″ x 60″ x .220″, Without Lip
                                                    in 15 CFR part 4, Appendix A.                            Regulatory Flexibility Act Certification
                                                                                                                                                                     7220–00–NSH–0040—Mat, Floor, Chair,
                                                    RECORD SOURCE CATEGORIES:
                                                                                                                I certify that the following action will               60″ x 60″ x .150″, Without Lip
                                                                                                             not have a significant impact on a                    Mandatory for: Total Government
                                                      Information in this system will be                     substantial number of small entities.                     Requirement
                                                    collected from individuals and                                                                                 Mandatory Source(s) of Supply: Northeastern
                                                                                                             The major factors considered for this
                                                    businesses applying for Financial                                                                                  Michigan Rehabilitation and
                                                                                                             certification were:
                                                    Systems Division financial assistance.                                                                             Opportunity Center (NEMROC), Alpena,
                                                                                                                1. The action will not result in any
                                                                                                                                                                       MI
                                                    EXEMPTION CLAIMS FOR SYSTEM:                             additional reporting, recordkeeping or                Contracting Activity: General Services
                                                       None.                                                 other compliance requirements for small                   Administration, Fort Worth, TX
                                                      Dated: July 5, 2016.
                                                                                                             entities other than the small                         Distribution: A-List
                                                                                                             organizations that will furnish the
                                                    Michael J. Toland,                                                                                             Service
                                                                                                             products and service to the Government.
                                                    Department of Commerce, Freedom of                                                                             Service Type: Base Supply Center
                                                                                                                2. The action will result in
                                                    Information/Privacy Act Officer.                                                                               Mandatory for: US Army, Walter Reed Army
                                                                                                             authorizing small entities to furnish the
                                                    [FR Doc. 2016–16171 Filed 7–7–16; 8:45 am]                                                                         Institute of Research, Silver Spring, MD
                                                                                                             products and service to the Government.               Mandatory Source(s) of Supply: Industries for
                                                    BILLING CODE 3510–22–P
                                                                                                                3. There are no known regulatory                       the Blind, Inc., West Allis, WI
                                                                                                             alternatives which would accomplish                   Contracting Activity: Dept of the Army,
                                                                                                             the objectives of the Javits-Wagner-                      W4PZ USA MED RSCH ACQUIS ACT
                                                    COMMITTEE FOR PURCHASE FROM                              O’Day Act (41 U.S.C. 8501–8506) in
                                                    PEOPLE WHO ARE BLIND OR                                  connection with the products and                      Deletions
                                                    SEVERELY DISABLED                                        service proposed for addition to the                    On 6/3/2016 (81 FR 35749–35750), 6/
                                                    Procurement List; Additions and                          Procurement List.                                     10/2016 (81 FR 37581–37582), and 6/
                                                    Deletions                                                End of Certification                                  17/2016 (81 FR 39630), the Committee
                                                                                                                                                                   for Purchase From People Who Are
                                                    AGENCY: Committee for Purchase From                        Accordingly, the following products                 Blind or Severely Disabled published
                                                    People Who Are Blind or Severely                         and service are added to the                          notices of proposed deletions from the
                                                    Disabled.                                                Procurement List:                                     Procurement List.
                                                    ACTION: Additions to and deletions from                  Products                                                After consideration of the relevant
                                                    the Procurement List.                                                                                          matter presented, the Committee has
                                                                                                             NSN(s)—Product Name(s):
                                                                                                               MR 10739—Herb Stripper, Includes                    determined that the product(s) and/or
                                                    SUMMARY:   This action adds products and                                                                       service(s) listed below are no longer
                                                    a service to the Procurement List that                       Shipper 20739
                                                                                                               MR 10732—Hershey’s Lava Cake Maker,                 suitable for procurement by the Federal
                                                    will be furnished by nonprofit agencies                                                                        Government under 41 U.S.C. 8501–8506
                                                                                                                 Shipper 20732
                                                    employing persons who are blind or                         MR 10733—Reese’s Lava Cake Maker,                   and 41 CFR 51–2.4.
                                                    have other severe disabilities, and                          Shipper 20732
                                                    deletes products and services from the                   Mandatory for: Military commissaries and              Regulatory Flexibility Act Certification
                                                    Procurement List previously furnished                        exchanges in accordance with the Code               I certify that the following action will
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                                                    by such agencies.                                            of Federal Regulations, Chapter 51, 51–           not have a significant impact on a
                                                    DATES: Effective Date: August 7, 2016.                       6.4
                                                                                                             Mandatory Source(s) of Supply: Winston-
                                                                                                                                                                   substantial number of small entities.
                                                    ADDRESSES: Committee for Purchase                                                                              The major factors considered for this
                                                                                                                 Salem Industries for the Blind, Inc.,
                                                    From People Who Are Blind or Severely                        Winston-Salem, NC                                 certification were:
                                                    Disabled, 1401 S. Clark Street, Suite                    Contracting Activity: Defense Commissary                1. The action will not result in
                                                    715, Arlington, Virginia 22202–4149.                         Agency                                            additional reporting, recordkeeping or
                                                    FOR FURTHER INFORMATION CONTACT:                         Distribution: C-List                                  other compliance requirements for small
                                                    Barry S. Lineback, Telephone: (703)                      NSN(s)—Product Name(s):                               entities.


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Document Created: 2016-07-08 00:17:31
Document Modified: 2016-07-08 00:17:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a New Privacy Act System of Records: COMMERCE/NOAA- 21, Financial Systems Division.
DatesTo be considered, written comments must be submitted on or before August 8, 2016. Unless comments are received, the new system of records will become effective as proposed on August 17, 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.
ContactPaul Marx, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910.
FR Citation81 FR 44593 

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