[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57692-57695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26911]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0114]


Privacy Act of 1974; Department of Homeland Security U.S. Coast 
Guard--060 Homeport 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 the Department of 
Homeland Security proposes to update and reissue a system of records 
notice titled, Department of Homeland Security/U.S. Coast Guard--060 
Homeport System of Records. The updated system of records, Department 
of Homeland Security/U.S. Coast Guard--060 Homeport System of Records 
contains a secure collection of information from and about individuals 
and entities that are subject to the requirements of the Maritime 
Transportation Security Act of 2002. As a result of the biennial review 
of this system, the Department of Homeland Security U.S. Coast Guard is 
proposing changes to (1) the categories of individuals covered to 
include Federal, State and local government agency members involved in 
maritime safety, security and environmental protection missions; 
categories of records to include government service grade or military 
rate/rank, and for Transportation Worker Identification Credential new 
hire query, the addition of full name and optional social security 
number (last four; not required); (2) the purpose to state that the 
Homeport system will no longer be used to collect information from and 
about individuals for whom background screening will be conducted for 
purposes of establishing U.S. Coast Guard approved identification 
credentials for access to maritime facilities (records associated with 
this function have been deleted); and (3) the routine uses to conform 
with Department's library of routine uses. No new routine uses have 
been added. This updated system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Submit comments on or before December 9, 2009. The updates to 
this system will be effective December 9, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0114 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, 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 to 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: 
Sherry A. Richardson (202-475-3515), Privacy Officer, U.S. Coast Guard, 
2100 2nd Street, SW., Washington, DC 20593. For privacy issues please 
contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, 
Privacy Office, U.S. Department of Homeland Security, Washington, DC 
20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) U.S. Coast Guard (USCG) 
is revising a system of records under the Privacy Act of 1974 (5 U.S.C. 
552a), for the DHS/USCG--060 Homeport System of Records. The Department 
is updating and reissuing the DHS/USCG--060 Homeport System of Records 
(71 FR 25203, April 28, 2006) to cover inclusion of these updated 
records. The collection and maintenance of this information will assist 
the USCG in meeting its maritime security requirements under the 
Maritime Transportation Security Act (MTSA) of 2002.
    MTSA establishes a comprehensive national system of transportation 
security enhancements to protect America's maritime community against 
the threat of terrorism without adversely affecting the flow of 
commerce through United States ports. The USCG is the lead Federal 
agency for coordinating and implementing maritime security and has 
significant enforcement responsibilities under the MTSA. Among other 
responsibilities under MTSA, the USCG requires that maritime security 
plans be developed by maritime private sector industry for ports, 
vessels, and facilities. Additionally, the DHS/USCG--060 Homeport 
System of Records will be used for a limited set of individuals for the 
Transportation Worker Identification Credential (TWIC)

[[Page 57693]]

``New Hire'' Provision as delineated in USCG Navigation and Vessel 
Inspection Circular (NVIC) 03-07, e.h.(1). The program is for any 
direct hire employee who is required to have a TWIC but has not yet 
activated his/her card in order to allow the individual to have 
unaccompanied access on the facility, or vessel, for up to 30 days.
    Representatives of the maritime industry entities regulated by 
MTSA, members of Area Maritime Security Committees (AMSC) and other 
officials; as well as USCG personnel will be able to register and use 
the DHS/USCG--060 Homeport System of Records for secure information 
dissemination and collaboration. Regulated entities will be able to use 
the DHS/USCG--060 Homeport System of Records for electronic submission 
and approval of required security plans, and the USCG will verify 
compliance with security requirements. The DHS/USCG--060 Homeport 
System of Records will no longer be used to collect information from 
and about individuals for whom background screening will be conducted 
for purposes of establishing USCG-approved identification credentials 
for access to maritime facilities. This function was terminated when 
the Transportation Worker Identification Credential (TWIC) requirements 
went into effect. Records associated with this function have been 
deleted. The DHS/USCG--060 Homeport System of Records will be used to 
collect information for the purpose of facilitating the establishment 
of AMSC membership, and to inform owners, operators, and security 
officers of MTSA regulated entities of the names of persons who have 
passed the background screening.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/USCG--060 Homeport System of Records may be shared 
with other DHS components, as well as appropriate Federal, State, 
local, tribal, foreign, or international government agencies. This 
sharing will only take place after DHS determines that the receiving 
component or agency has a need to know the information to carry out 
national security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice. DHS has updated the routine uses to conform with the 
Department's library of routine uses. No new routine uses have been 
added.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by 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 record keeping 
practices transparent, to notify individuals regarding the uses to 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the DHS/U.S. 
Coast Guard--060 Homeport 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:
DHS/USCG-060

System name:
    United States Coast Guard Homeport.

Security classification:
    Classified, sensitive, and unclassified.

System location:
    Records are maintained at USCG Headquarters in Washington, DC and 
field locations including the USCG Operations Systems Center, 600 Coast 
Guard Drive, Kearneysville, WV 25430.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
     Representatives of the maritime industry such as:
    [cir] Members of Area Maritime Security Committees (AMSC);
    [cir] National Harbor Safety Committees and Environmental 
Committees (NHSCEC); and
    [cir] Other entities regulated under the Maritime Transportation 
Security Act (MTSA).
     Federal, State and local government agency members 
involved in maritime safety, security and environmental protection 
missions. These persons may complete on-line forms and/or request an 
account to provide the information required by the USCG, access 
sensitive but unclassified information, and participate in 
collaboration communities.
     Individuals for whom background screening will be 
conducted for the purpose of facilitating the establishment of AMSC 
membership and to inform owners, operators, and security officers of 
MTSA regulated entities of the names of persons who have passed the 
background screening including, but not limited to,
    [cir] Owners; and
    [cir] Operators and their employees, and non-employees who require 
regular access privileges to such regulated vessels and facilities, as 
well as many credentialed merchant mariners.

Categories of records in the system:
    Categories of records in this system include:
     To participate in the Homeport portal for information 
dissemination and collection, the following information may be included 
in this record system:
    [cir] Full name;
    [cir] Complete address;
    [cir] Country;
    [cir] Company or organization name;
    [cir] Work phone;
    [cir] Mobile phone;
    [cir] 24 hour contact phone;
    [cir] Fax;
    [cir] Pager;
    [cir] E-mail address;
    [cir] Alternate e-mail address; and
    [cir] Referral full name/work and cell phone/e-mail address.
     For USCG active duty and civilian personnel, the following 
fields are
    pre-populated using data from the Direct Access system, the USCG's 
enterprise human resource system:
    [cir] Employee ID;
    [cir] Billet control number;
    [cir] Government Service Grade or Military Rate/Rank ; and
    [cir] Position number.
     For purposes of establishing AMSC membership, the 
following information will be included in accordance with 33 CFR 
103.305 ``Composition of an Area Maritime Security (AMS) Committee:''
    [cir] Full name;

[[Page 57694]]

    [cir] Date of birth; and
    [cir] Alien identification number (if applicable).
     For purposes of establishing TWIC New Hire query, the 
following information will be included in accordance with NVIC 03-07:
    [cir] Full name; and
    [cir] Social Security Number (last 4 digits only) should it be 
provided (not required).

Authority for maintenance of the system:
    46 U.S.C. 3717; 46 U.S.C. 12501; 44 U.S.C. 3507; 33 U.S.C. 1223; 50 
U.S.C. 191; 14 U.S.C. 93(a) (6); 33 CFR part 125.

Purpose(s):
    The Homeport system is an enterprise tool that will facilitate 
compliance with the requirements set forth in the Maritime 
Transportation Security Act (MTSA) of 2002, by providing secure 
information dissemination, advanced collaboration, electronic 
submission and approval for vessel and facility security plans, and 
complex electronic and telecommunication notification capabilities. The 
collection of personally identifiable information concerning those with 
access to the Homeport system will allow the USCG to validate the 
suitablility, identify the eligibility of those who request permission 
and/or have access to the system.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is 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 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 and 
consistent with the official duties of the person making the 
disclosure.
    H. 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 first name, last name, city, State, 
Captain of the Port Zone, vessel role, facility role, committee 
membership, vessel association, case identification number, or facility 
association.

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 are in place 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:
    In accordance with AUTH: N1-026-06-06, records of registration 
information are destroyed upon account termination. Maritime personnel 
screening data is destroyed after two years. Response-associated 
information, such as personal data needed for search and rescue 
purposes, is destroyed 120 days following completion of response 
operations.

[[Page 57695]]

System Manager and address:
    Chief, Office of Information Resources (G-PRI), U.S. 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 the USCG FOIA Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``contacts.'' 
If an individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0655, Washington, DC 20528.
    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 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;
     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;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
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 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 by registered users, the general public if 
completing an on-line form during marine casualty incidents or natural 
disasters, individuals who are proposed to have access to maritime 
facilities, government agencies, and USCG personnel.

Exemptions claimed for the system:
    None.

    Dated: November 2, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-26911 Filed 11-6-09; 8:45 am]
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