81 FR 88697 - Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range		88697-88700
FR Document		2016-29341

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records titled, ``Department of Homeland Security/ United States Coast Guard--031 USCG Law Enforcement (ULE) System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard to collect and maintain records related to maritime law enforcement, marine environmental protection, and the determinations supporting enforcement action taken by the United States Coast Guard. Additionally, the Department of Homeland Security is issuing a Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. This newly established system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 81 Issue 236 (Thursday, December 8, 2016)

[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Pages 88697-88700]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-29341]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0074]

Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--031 USCG Law Enforcement (ULE) System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new Department of Homeland
Security system of records titled, ``Department of Homeland Security/
United States Coast Guard--031 USCG Law Enforcement (ULE) System of
Records.'' This system of records allows the Department of Homeland
Security/United States Coast Guard to collect and maintain records
related to maritime law enforcement, marine environmental protection,
and the determinations supporting enforcement action taken by the
United States Coast Guard. Additionally, the Department of Homeland
Security is issuing a Notice of Proposed Rulemaking to exempt this
system of records from certain provisions of the Privacy Act, elsewhere
in the Federal Register. This newly established system will be included
in the Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before January 9, 2017. This new system
will be effective January 9, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0074 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593.
For privacy questions, please contact: Jonathan R. Cantor, (202) 343-
1717, Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Coast Guard
proposes to establish a new DHS system of records titled, ``DHS/United
States Coast Guard-031 USCG Law Enforcement (ULE) System of Records.''
The collection and maintenance of this information will allow the
DHS/USCG to collect and maintain records regarding maritime law
enforcement, security, marine safety, and environmental protection
activities. USCG Law Enforcement consists of certain records that were
formerly covered under the DHS/USCG-013 Marine Information for Safety
and Law Enforcement (MISLE) system of records. These records are being
moved under ULE to maintain USCG law enforcement and case-related data
in one repository. In addition to the transfer of this law enforcement
data out from under MISLE to ULE, this notice also serves to inform
that USCG Biometrics at Sea System records, which are collected under
the purpose and identified authorities cited herein, are maintained in
the Automated Biometric Identification System (IDENT)--the DHS
biometric repository maintained by the DHS Office of Biometric Identity
Management. Separately and elsewhere in the Federal Register, the
remaining portions of the records covered under MISLE will be
republished under two new systems of records: The Vessel Identification
System and the Merchant Vessel Documentation System. The MISLE SORN
will be retired upon the publication of all three new systems of
records.
USCG Law Enforcement may contain information on persons who come
into contact with USCG through its law enforcement, safety, and
environmental protection activities, including vessel and facility
owners, operators, crew, employees, passengers, and other persons
associated with a USCG law enforcement or environmental protection
activity or having an interest in the subject vessel or facility
involved or identified in the respective case file. Consistent with the
authority being enforced, ULE collects and maintains in case files both
biographic and, as appropriate, references to biometric records
obtained from individuals and persons, as well as identifying
information relating to ownership, registry, and location of vessels
and facilities.
Consistent with DHS's information-sharing mission, information
stored in the DHS/USCG-031 USCG Law Enforcement (ULE) System of Records
may be shared with other DHS components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, information may be shared with appropriate federal, state,
local, tribal, territorial, foreign, or

[[Page 88698]]

international government agencies consistent with the routine uses set
forth in this system of records notice.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in the Federal Register. This newly established system
will be included in DHS's inventory of record systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCG-031 USCG Law Enforcement
(ULE) System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/USCG-31

System name:
DHS/USCG-031 USCG Law Enforcement (ULE) System of Records.

Security classification:
Sensitive but Unclassified.

System location:
Records are maintained at the United States Coast Guard (USCG)
Headquarters in Washington, DC, USCG Operations Systems Center (OSC) in
Kearneysville, WV, and other field locations. Records collected from
the USCG Biometrics at Sea System (BASS) are maintained at the DHS
Office of Biometric Identity Management in Washington, DC. The Marine
Information for Safety and Law Enforcement (MISLE) System is the
information technology (IT) repository for marine safety, security,
environmental protection, and law enforcement records. The Automated
Biometric Identification System (IDENT) is the IT repository for USCG
BASS records.

Categories of individuals covered by the system:
Individuals with established relationship(s) or associations to
maritime vessels or marine transportation facilities that are the
subject of enforcement or compliance activities regulated by the USCG.
This may include:
Vessel owners or operator;
Charterers;
Masters;
Crew members;
Vessel or boat agents;
Mortgagees;
Lien claimants;
Vessel builders;
Transportation facility owners, managers, or employees;
Individuals who own, operate, or represent marine
transportation companies; and
Other individuals come into contact with the USCG as part
of an enforcement or compliance activity.

Categories of records in the system:
The following information may appear in case files, reports,
investigations, and other documents (either physical or electronic)
maintained by USCG relating to an enforcement or compliance activity:
Name of individual, vessel, or facility;
Home and work address;
Home, work, and mobile phone numbers;
Facility number;
Involved party identification number;
Social Security number (SSN);
Driver license number;
Alien Registration Number (A-Number);
Military identification number;
U.S. Coast Guard license number;
Foreign seaman's booklet number;
Resident alien number;
Merchant mariners license or documentation number;
Taxpayer Identification Number (TIN);
Casualty case number;
Pollution incident case number;
Date of incident;
Civil penalty case number;
Biometric information, which may include:
[cir] Photographs and digital images,
[cir] Height,
[cir] Weight,
[cir] Eye color,
[cir] Hair color,
[cir] Fingerprints, and
[cir] Irises.Videos;
Vessel or boat registration data;
Port visits;
Vessel or boat inspection data;
Vessel or boat documentation data;
Port Safety boarding;
Casualties;
Pollution incidents, civil violations (as applicable), and
associated information (data pertaining to people or organizations
associated with the subject vessels);
Information on marine transportation facilities including:
[cir] Name,
[cir] Identification number,
[cir] Location,
[cir] Commodities handled,
[cir] Equipment certificates,
[cir] Approvals,
[cir] Inspection reports,
[cir] Pollution incidents, and
[cir] Casualties.
[cir] Violations of U.S. laws and data pertaining to people or
organizations associated with those facilities;
For owners, operators, agents, and crew members;
Statements submitted by USCG personnel relating to
boarding;
Investigations as a result of a pollution and/or casualty
incident, as well as any violations of United States law, along with
civil penalty actions taken as a result of such violations. Such
reports could contain names of passengers on vessels, as well as
witnesses to such violations; and
Narratives, reports, and documents by USCG personnel
describing their activities on vessels and within facilities, including
incident reports, violations of laws, and international treaties

Authority for maintenance of the system:
14 U.S.C 89a, 93(a) and (c), 632; 16 U.S.C 1431; 33 U.S.C 1223; 33
U.S.C. 1228; 46 U.S.C. 3717; 46 U.S.C. 12119, 12501-502.

Purpose(s):
The purpose of this system is to collect and maintain USCG case
records and other reported information relating to the safety,
security, law enforcement, environmental, and compliance activities of
vessels, facilities, organizations engaged in marine transportation,
and related persons.

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.

[[Page 88699]]

552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To federal and state safety enforcement agencies, including, but
not limited to, the Maritime Administration and National Transportation
Safety Board, U.S. Department of Transportation, to access historical
data that may assist in safety investigations and improve
transportation safety.
I. To federal, state, and local environmental agencies, including,
but not limited to, the U.S. Environmental Protection Agency, to access
historical data that may improve compliance with U.S. laws relating to
environmental protection.
J. To the U.S. Department of Defense and related entities,
including, but not limited to, the Military Sealift Command and U.S.
Navy, to access data on safety information regarding vessels chartered
by those agencies.
K. To the International Maritime Organization or intergovernmental
organizations, nongovernmental organizations, or foreign governments in
order to conduct joint investigations, operations, and inspections;
L. To federal, state, or local agencies with which the U.S. Coast
Guard has a Memorandum of Understanding, Memorandum of Agreement, or
Inspection and Certification Agreement pertaining to Marine Safety,
Maritime Security, Maritime Law Enforcement, and Marine Environmental
Protection activities.
M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.

Disclosure to consumer reporting agencies:
None.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/USCG stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.

Retrievability:
Records may be retrieved by name of individual, vessel, or
facility, facility number, involved party identification number, SSN,
TIN, driver license number, (A-Number), military identification number,
U.S. Coast Guard license number, cellular number, foreign seaman's
booklet number, resident alien number, merchant mariners license or
documentation number, person or organization name, casualty case
number, pollution incident case number, date of incident, civil penalty
case number, USCG unit entering data, or incident location.
Biometric records associated with case files or reports may be
retrieved from IDENT by reference to the applicable Organization/Unit/
Subunit designations for the Biometrics-at-Sea-System.

Safeguards:
DHS/USCG safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. USCG has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.

Retention and disposal:
Records are retained in accordance with National Archives and
Records Administration (NARA) schedule N1-026-05-15 approved July 7,
2005. Most of the records in this system are retained indefinitely by
NARA; however law enforcement boarding activities are retained for
three years. A copy of this

[[Page 88700]]

system has been transferred to the National Archives and Records
Administration permanent records collection. Updates of system
information are transferred to NARA every 5 years. All system hardware
and data is stored at OSC, Kearneysville, WV. Backups are performed
daily. Copies of backups are stored at an off-site location.

System Manager and address:
Commandant (CG-633), United States Coast Guard, Mail Stop 7710,
Washington, DC 20593; Commandant (BSX), United States Coast Guard, Mail
Stop 7501, Washington, DC 20593; Director, United States Coast Guard,
National Vessel Documentation Center, 792 T J Jackson Drive, Falling
Waters, WV 25419; IDENT Program Management Office, U.S. Department of
Homeland Security, Washington, DC 20528.

Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DHS/USCG will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and Commandant (CG-611), United States Coast Guard, whose contact
information can be found at http://www.dhs.gov/foia under ``Contacts.''
If an individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act (FOIA)
Officer, Department of Homeland Security, Washington, DC 20528-0655.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
Records are obtained from USCG boardings, USCG inspections, USCG
investigations, USCG documentation offices, and vessel notice of
arrival reports in the course of normal routine business. This
information is gathered from the owners, operators, crew members,
agents, passengers, witnesses, other government agencies, and USCG
personnel. In addition records or record identifiers are ingested from
other DHS and Federal systems, including IDENT, Vessel Identification
System (VIS), Merchant Vessel Documentation System (MVDS), and the
National Crime Information Center (NCIC).

Exemptions claimed for the system:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3-4), (d), (e)(1-3), (e)(5), (e)(8),
and (g). Additionally, the Secretary of Homeland Security, pursuant to
5 U.S.C. 552a(k)(2) has exempted this system from the following
provisions of the Privacy Act, 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
When this system receives a record from another system exempted in
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same
exemptions for those records that are claimed for the original primary
systems of records from which they originated and claims any additional
exemptions set forth here.

Dated: December 1, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-29341 Filed 12-7-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88697

EFFECTIVE DATES: November 29, 2016. 031 USCG Law Enforcement (ULE) The collection and maintenance of
FOR FURTHER INFORMATION CONTACT: System of Records.’’ This system of this information will allow the DHS/
Dean Webster, Office of Response and records allows the Department of USCG to collect and maintain records
Recovery, Federal Emergency Homeland Security/United States Coast regarding maritime law enforcement,
Management Agency, 500 C Street SW., Guard to collect and maintain records security, marine safety, and
Washington, DC 20472, (202) 646–2833. related to maritime law enforcement, environmental protection activities.
SUPPLEMENTARY INFORMATION: The notice marine environmental protection, and USCG Law Enforcement consists of
of a major disaster declaration for the the determinations supporting certain records that were formerly
State of Minnesota is hereby amended to enforcement action taken by the United covered under the DHS/USCG–013
include the Individual Assistance States Coast Guard. Additionally, the Marine Information for Safety and Law
program for the following areas among Department of Homeland Security is Enforcement (MISLE) system of records.
those areas determined to have been issuing a Notice of Proposed These records are being moved under
adversely affected by the event declared Rulemaking to exempt this system of ULE to maintain USCG law enforcement
a major disaster by the President in his records from certain provisions of the and case-related data in one repository.
declaration of November 2, 2016. Privacy Act, elsewhere in the Federal In addition to the transfer of this law
Register. This newly established system enforcement data out from under MISLE
Hennepin County for Individual to ULE, this notice also serves to inform
Assistance.
will be included in the Department of
Homeland Security’s inventory of that USCG Biometrics at Sea System
Blue Earth, Freeborn, Le Sueur, Rice,
Steele, and Waseca Counties for Individual record systems. records, which are collected under the
Assistance (already designated for Public DATES: Submit comments on or before
purpose and identified authorities cited
Assistance.) herein, are maintained in the
January 9, 2017. This new system will
The following Catalog of Federal Domestic Automated Biometric Identification
be effective January 9, 2017.
Assistance Numbers (CFDA) are to be used System (IDENT)—the DHS biometric
ADDRESSES: You may submit comments, repository maintained by the DHS
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora identified by docket number DHS– Office of Biometric Identity
Brown Fund; 97.032, Crisis Counseling; 2016–0074 by one of the following Management. Separately and elsewhere
97.033, Disaster Legal Services; 97.034, methods: in the Federal Register, the remaining
Disaster Unemployment Assistance (DUA); • Federal e-Rulemaking Portal: http:// portions of the records covered under
97.046, Fire Management Assistance Grant; www.regulations.gov. Follow the MISLE will be republished under two
97.048, Disaster Housing Assistance to instructions for submitting comments. new systems of records: The Vessel
Individuals and Households In Presidentially • Fax: 202–343–4010.
Declared Disaster Areas; 97.049,
Identification System and the Merchant
Presidentially Declared Disaster Assistance— • Mail: Jonathan R. Cantor, Acting Vessel Documentation System. The
Disaster Housing Operations for Individuals Chief Privacy Officer, Privacy Office, MISLE SORN will be retired upon the
and Households; 97.050 Presidentially Department of Homeland Security, publication of all three new systems of
Declared Disaster Assistance to Individuals Washington, DC 20528–0655. records.
and Households—Other Needs; 97.036, Instructions: All submissions received USCG Law Enforcement may contain
Disaster Grants—Public Assistance must include the agency name and information on persons who come into
(Presidentially Declared Disasters); 97.039, docket number for this rulemaking. All contact with USCG through its law
Hazard Mitigation Grant. comments received will be posted enforcement, safety, and environmental
W. Craig Fugate, without change to http:// protection activities, including vessel
Administrator, Federal Emergency www.regulations.gov, including any and facility owners, operators, crew,
Management Agency. personal information provided. employees, passengers, and other
[FR Doc. 2016–29379 Filed 12–7–16; 8:45 am] Docket: For access to the docket to persons associated with a USCG law
read background documents or enforcement or environmental
BILLING CODE 9111–23–P
comments received, please visit http:// protection activity or having an interest
www.regulations.gov. in the subject vessel or facility involved
DEPARTMENT OF HOMELAND or identified in the respective case file.
FOR FURTHER INFORMATION CONTACT: For
SECURITY Consistent with the authority being
general questions, please contact: enforced, ULE collects and maintains in
Marilyn Scott-Perez (202–475–3515), case files both biographic and, as
Office of the Secretary Privacy Officer, Commandant (CG–61), appropriate, references to biometric
[Docket No. DHS–2016–0074] United States Coast Guard, Mail Stop records obtained from individuals and
7710, Washington, DC 20593. For persons, as well as identifying
Privacy Act of 1974; Department of privacy questions, please contact: information relating to ownership,
Homeland Security/United States Jonathan R. Cantor, (202) 343–1717, registry, and location of vessels and
Coast Guard—031 USCG Law Acting Chief Privacy Officer, Privacy facilities.
Enforcement (ULE) System of Records Office, Department of Homeland Consistent with DHS’s information-
AGENCY: Privacy Office, Department of Security, Washington, DC 20528–0655. sharing mission, information stored in
Homeland Security. SUPPLEMENTARY INFORMATION: the DHS/USCG–031 USCG Law
ACTION: Notice of Privacy Act System of Enforcement (ULE) System of Records
I. Background
Records. may be shared with other DHS
In accordance with the Privacy Act of
sradovich on DSK3GMQ082PROD with NOTICES

components that have a need to know
SUMMARY: In accordance with the 1974, 5 U.S.C. 552a, the Department of the information to carry out their
Privacy Act of 1974, the Department of Homeland Security (DHS) United States national security, law enforcement,
Homeland Security proposes to Coast Guard proposes to establish a new immigration, intelligence, or other
establish a new Department of DHS system of records titled, ‘‘DHS/ homeland security functions. In
Homeland Security system of records United States Coast Guard-031 USCG addition, information may be shared
titled, ‘‘Department of Homeland Law Enforcement (ULE) System of with appropriate federal, state, local,
Security/United States Coast Guard— Records.’’ tribal, territorial, foreign, or

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Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88699

552a(b) of the Privacy Act, all or a when necessary to accomplish an covered by the system, except to the
portion of the records or information agency function related to this system of extent it is determined that release of
contained in this system may be records. Individuals provided the specific information in the context
disclosed outside DHS as a routine use information under this routine use are of a particular case would constitute an
pursuant to 5 U.S.C. 552a(b)(3) as subject to the same Privacy Act unwarranted invasion of personal
follows: requirements and limitations on privacy.
A. To the Department of Justice (DOJ), disclosure as are applicable to DHS
DISCLOSURE TO CONSUMER REPORTING
including Offices of the U.S. Attorneys, officers and employees.
AGENCIES:
or other Federal agency conducting G. To an appropriate federal, state,
litigation or in proceedings before any tribal, local, international, or foreign law None.
court, adjudicative, or administrative enforcement agency or other appropriate POLICIES AND PRACTICES FOR STORING,
body, when it is relevant or necessary to authority charged with investigating or RETRIEVING, ACCESSING, RETAINING, AND
the litigation and one of the following prosecuting a violation or enforcing or DISPOSING OF RECORDS IN THE SYSTEM:
is a party to the litigation or has an implementing a law, rule, regulation, or STORAGE:
interest in such litigation: order, when a record, either on its face
DHS/USCG stores records in this
1. DHS or any component thereof; or in conjunction with other
system electronically or on paper in
2. Any employee or former employee information, indicates a violation or
potential violation of law, which secure facilities in a locked drawer
of DHS in his/her official capacity;
3. Any employee or former employee includes criminal, civil, or regulatory behind a locked door. The records may
of DHS in his/her individual capacity violations and such disclosure is proper be stored on magnetic disc, tape, and
when DOJ or DHS has agreed to and consistent with the official duties of digital media.
represent the employee; or the person making the disclosure. RETRIEVABILITY:
4. The U.S. or any agency thereof. H. To federal and state safety Records may be retrieved by name of
B. To a congressional office from the enforcement agencies, including, but individual, vessel, or facility, facility
record of an individual in response to not limited to, the Maritime number, involved party identification
an inquiry from that congressional office Administration and National number, SSN, TIN, driver license
made at the request of the individual to Transportation Safety Board, U.S. number, (A-Number), military
whom the record pertains. Department of Transportation, to access identification number, U.S. Coast Guard
C. To the National Archives and historical data that may assist in safety license number, cellular number,
Records Administration (NARA) or investigations and improve foreign seaman’s booklet number,
General Services Administration transportation safety. resident alien number, merchant
pursuant to records management I. To federal, state, and local mariners license or documentation
inspections being conducted under the environmental agencies, including, but number, person or organization name,
authority of 44 U.S.C. 2904 and 2906. not limited to, the U.S. Environmental casualty case number, pollution
D. To an agency or organization for Protection Agency, to access historical incident case number, date of incident,
the purpose of performing audit or data that may improve compliance with civil penalty case number, USCG unit
oversight operations as authorized by U.S. laws relating to environmental entering data, or incident location.
law, but only such information as is protection. Biometric records associated with
necessary and relevant to such audit or J. To the U.S. Department of Defense
case files or reports may be retrieved
oversight function. and related entities, including, but not
from IDENT by reference to the
E. To appropriate agencies, entities, limited to, the Military Sealift
applicable Organization/Unit/Subunit
and persons when: Command and U.S. Navy, to access data
designations for the Biometrics-at-Sea-
1. DHS suspects or has confirmed that on safety information regarding vessels
System.
the security or confidentiality of chartered by those agencies.
information in the system of records has K. To the International Maritime SAFEGUARDS:
been compromised; Organization or intergovernmental DHS/USCG safeguards records in this
2. DHS has determined that as a result organizations, nongovernmental system according to applicable rules
of the suspected or confirmed organizations, or foreign governments in and policies, including all applicable
compromise, there is a risk of identity order to conduct joint investigations, DHS automated systems security and
theft or fraud, harm to economic or operations, and inspections; access policies. USCG has imposed
property interests, harm to an L. To federal, state, or local agencies strict controls to minimize the risk of
individual, or harm to the security or with which the U.S. Coast Guard has a compromising the information that is
integrity of this system or other systems Memorandum of Understanding, being stored. Access to the computer
or programs (whether maintained by Memorandum of Agreement, or system containing the records in this
DHS or another agency or entity) that Inspection and Certification Agreement system is limited to those individuals
rely upon the compromised pertaining to Marine Safety, Maritime who have a need to know the
information; and Security, Maritime Law Enforcement, information for the performance of their
3. The disclosure made to such and Marine Environmental Protection official duties and who have appropriate
agencies, entities, and persons is activities. clearances or permissions.
reasonably necessary to assist in M. To the news media and the public,
connection with DHS’s efforts to with the approval of the Chief Privacy RETENTION AND DISPOSAL:
Officer in consultation with counsel, Records are retained in accordance
sradovich on DSK3GMQ082PROD with NOTICES

respond to the suspected or confirmed
compromise and prevent, minimize, or when there exists a legitimate public with National Archives and Records
remedy such harm. interest in the disclosure of the Administration (NARA) schedule N1–
F. To contractors and their agents, information, when disclosure is 026–05–15 approved July 7, 2005. Most
grantees, experts, consultants, and necessary to preserve confidence in the of the records in this system are retained
others performing or working on a integrity of DHS, or is necessary to indefinitely by NARA; however law
contract, service, grant, cooperative demonstrate the accountability of DHS’s enforcement boarding activities are
agreement, or other assignment for DHS, officers, employees, or individuals retained for three years. A copy of this

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Document Created: 2016-12-08 00:26:56
Document Modified: 2016-12-08 00:26:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act System of Records.
Dates		Submit comments on or before January 9, 2017. This new system will be effective January 9, 2017.
Contact		For general questions, please contact: Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG- 61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. For privacy questions, please contact: Jonathan R. Cantor, (202) 343- 1717, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation		81 FR 88697

81 FR 88697 - Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-031 USCG Law Enforcement (ULE) System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 236 (December 8, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary