[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77776-77778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29806]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0144]


Privacy Act of 1974; United States Coast Guard--006 Great Lakes 
Registered Pilot and Applicant Pilot Eligibility System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of records notices, the Department of Homeland Security 
is giving notice that it proposes to update and reissue the following 
legacy record system DOT/CG 592 Registered/Applicant Pilot Eligibility 
Folder (April 11, 2000), as Department of Homeland Security system of 
records notice titled, United States Coast Guard--006 Great Lakes 
Registered Pilot and Applicant Pilot Eligibility Records. Categories of 
individuals, categories of records, and the routine uses of this legacy 
system of records notice have been updated to better reflect the United 
States Coast Guard's Great Lakes Registered Pilot's and Applicant 
Pilot's files. This system will be included in the Department's 
inventory of record systems.

DATES: Written comments must be submitted on or before January 20, 
2009. This new system will be effective January 20, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0144 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change and may be read at http://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
David Roberts (202-475-3521), United States Coast Guard Privacy 
Officer, United States Coast Guard. For privacy issues please contact: 
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS) and its components and 
offices have relied on preexisting Privacy Act systems of records 
notices for the maintenance of records pertaining to Great Lakes 
registered and applicant pilots.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a system of records under the 
Privacy Act (5 U.S.C. 552a) that deals with pilot registration and 
qualification documentation. This records system will allow DHS/United 
States Coast Guard (USCG) to collect and preserve the records related 
to applicant and registered pilots that assists USCG in meeting its 
statutory obligation to establish, regulate, and oversee the operations 
of a pilotage system on the Great Lakes. Additionally this record 
system is used to maintain records of individuals who are registered as 
Great Lakes pilots to perform pilotage duties aboard foreign trade 
vessels on the Great Lakes and to maintain applications of mariners 
seeking registration as a Great Lakes registered pilot. In order to 
apply for this program, an individual must already maintain a USCG 
issued license. In accordance with the Privacy Act of 1974 and as part 
of DHS's ongoing effort to review and update legacy system of records 
notices, DHS is giving notice that it proposes to update and reissue 
the following legacy record system DOT/CG 592 Registered/Applicant 
Pilot Eligibility Folder (65 FR 19476 April 11, 2000), as DHS system of 
records notice titled, USCG Great Lakes Registered Pilot and Applicant 
Pilot Eligibility Records. Categories of individuals, categories of 
records, and the routine uses of this legacy system of records notice 
have been updated to better reflect the USCG's Great Lakes registered 
pilot's and applicant pilot's files. This system will be included in 
the Department's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by

[[Page 77777]]

which the United States Government collects, maintains, uses, and 
disseminates 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 
for 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 United States citizens and lawful permanent 
residents. As a matter of policy, DHS extends administrative Privacy 
Act protections to all individuals where systems of records maintain 
information on U.S. citizens, lawful permanent residents, and visitors. 
Individuals may request access to their own records that are maintained 
in a system of records in the possession or under the control of DHS by 
complying with DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the 
Registered Pilot and Applicant Pilot Eligibility Records 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 (OMB) and 
to Congress.
System of Records: DHS/USCG-006

System name:
    United States Coast Guard--006 Great Lakes Registered Pilot and 
Applicant Pilot Eligibility Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at USCG Headquarters in the Waterways 
Management Office, Great Lakes Pilotage Branch, (CG-54122) in 
Washington, DC.

Categories of individuals covered by the system:
    All United States Great Lakes registered pilots who are qualified 
to perform pilotage duties aboard foreign trade vessels on the Great 
Lakes; those individuals seeking selection as an applicant pilot on the 
Great Lakes records; and those individuals whose applications were 
rejected as a pilot on the Great Lakes.

Categories of records in the system:
    Categories of records in the system include:
     Pilot's full name, home address, social security number, 
date and place of birth, height, weight, color of eyes and hair, 
citizenship, photograph.
     Application for registration;
     Renewal of registration;
     Annual report of physical examination and drug testing;
     Coast Guard license and merchant mariner document data;
     Examination and test results for registration; and
     Sea service record and other related documentation 
provided by the pilot or applicant.

Authority for maintenance of the system:
    5 U.S.C. 301; 14 U.S.C. 632; the Federal Records Act, 44 U.S.C. 
3101; 49 CFR 1.45, 1.46; 46 U.S.C. 9301-9308.

Purpose(s):
    The purpose of this system is to assist USCG in meeting its 
statutory obligation to establish, regulate, and oversee the operations 
of a pilotage system on the Great Lakes and to maintain records of 
individuals who are registered as Great Lakes pilots to perform 
pilotage duties aboard foreign trade vessels on the Great Lakes and to 
maintain applications of mariners seeking registration as a Great Lakes 
pilot.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records of 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual 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, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper

[[Page 77778]]

and consistent with the official duties of the person making the 
disclosure.
    H. To assist training program needs, retirements, statistical 
compilations, and negotiations with Canadian authorities to assure 
equitable participation by U.S. registered pilots with Canadian 
registered pilots.
    I. To an appropriate Federal, state, local, tribal, territorial, 
foreign, or international agency, if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance of a security clearance, 
license, contract, grant, or other benefit, or if the information is 
relevant and necessary to a DHS decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
reporting of an investigation of an employee, the letting of a 
contract, or the issuance of a license, grant, or other benefit and 
when disclosure is appropriate to the proper performance of the 
official duties of the person making the request.
    J. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name and pilot registration number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system 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 Destroyed 6 years after the individual's license 
expires, upon death of the individual or when the individual turns 70 
years old, whichever is sooner. (AUTH: N1-26-05-2, Item 1)

System Manager and address:
    Commandant, CG-54122, Chief, Pilotage Branch, United States Coast 
Guard Headquarters, 2100 2nd Street, SW., Washington, DC 20593-0001.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to Commandant, CG-54122, Chief, Great 
Lakes Pilotage Branch, United States Coast Guard Headquarters, 2100 2nd 
Street, SW., Washington, DC 20593-0001.
    When seeking records about yourself from this system of records or 
any other USCG system of records your request must conform with the 
Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or 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 Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition, 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you;
     Specify when you believe the records would have been 
created; and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the USCG will not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
    Individual's original application for U.S. pilot's registration and 
individual's yearly report of medical examination.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29806 Filed 12-18-08; 8:45 am]
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