[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)] [Rules and Regulations] [Pages 2171-2172] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-757] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 10 [Docket No. OST-96-1472] RIN 2105-AC60 Privacy Act; Implementation AGENCY: Office of the Secretary, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DOT amends its rules implementing the Privacy Act of 1974 to exempt from certain provisions of the Act the Coast Guard's Vessel Identification System. EFFECTIVE DATE: This amendment is effective February 13, 1998. FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General Counsel, C-10, Department of Transportation, Washington, DC 20590, telephone (202) 366-9156, FAX (202) 366-9170. SUPPLEMENTARY INFORMATION: Regulatory History On October 24, 1997, the Department published a notice of proposed rulemaking entitled, Privacy Act; Implementation in the Federal Register (62 FR 55380). The Department did not receive any comments on the proposed rulemaking. DOT is therefore making its proposal final as written. The Department is correcting an editorial error in the name of the system. The notice of proposed rulemaking termed the system the ``Vessel Information System,'' and the correct name of the system is the ``Vessel Identification System.'' Background The Coast Guard's Vessel Identification System (VIS) will collect selected information on vessels operating in US waters, and will collect and manage the data needed to provide a nationwide pool of vessel and vessel owner information that will help in identification and recovery of stolen vessels, and deter vessel theft and fraud. Establishment of VIS is required by statute. 46 U.S.C. 12501-07. Because of the capability to retrieve information by the names or other unique identifiers of individuals, VIS is subject to the Privacy Act, which imposes many restrictions on the use and dissemination of information in the system. However, because VIS is to be used for law enforcement purposes, it may be exempted from some of these restrictions. The Coast Guard, via a rulemaking entitled Vessel Identification System (CGD 89-050), has established the guidelines for participating states to make their information available for VIS, as well as the guidelines to establish the procedures for state vessel titling systems, and the procedures for establishing compliance. An interim rule was published in the Federal Register on April 25, 1996 (60 FR 20310), and the comment period on the interim rule was reopened on October 20, 1997 (62 FR 54385). Privacy Act Exemption Under subsection (k) of the Privacy Act (5 U.S.C. 552a(k)), qualifying records may be exempted from various provisions of the Act. Among these provisions are the requirement in subsection (c)(3) to maintain an accounting of disclosures of information from a system of records and make that accounting available on request to the record subject; in subsection (d) to grant to a record subject access to information maintained on him/her under the Act; in subsection (e)(1) to maintain only such information as is relevant and necessary to accomplish a purpose of the agency under statute or Executive Order; in subsection (e)(4) (G), (H), and (I) to advise record subjects of the agency procedures to request if a system of records contains records pertaining to them, how they can gain access to such records and contest their content, and the categories of sources of such records; and in subsection (f) to establish rules governing the procedures above. Under Subsection (k)(2) of the Privacy Act (5 U.S.C. 552a(k)(2)), investigatory material compiled for law enforcement purposes, other than material encompassed within Subsection (j)(2), may be exempted from these provisions, and DOT proposes to exempt VIS accordingly; however, if an individual would be denied any right, privilege, or benefit to which he/she would otherwise be entitled by Federal law, or for which he/she would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence. Analysis of Regulatory Impacts This rule is not a ``significant regulatory action'' within the meaning of Executive Order 12866. It is also not significant within the definition in DOT's Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because it does not involve any change in important Departmental policies. Because the economic impact should be minimal, further regulatory evaluation is not necessary. Moreover, I certify that this rule will not have a significant economic impact on a substantial number of small entities; it applies only to information on individuals. This rule does not significantly affect the environment, and therefore an environmental impact statement is not required under the National Environmental Policy Act of 1969. It has also been reviewed under Executive Order 12612, Federalism, and it has been determined that it does not have sufficient implications for federalism to warrant preparation of a Federalism Assessment. This rule does not impose any unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995. Finally, this rule does not contain any collection of information requirements requiring review under the Paperwork Reduction Act of 1995. List of Subjects in 49 CFR Part 10 Penalties, Privacy. Accordingly, DOT amends 49 CFR Part 10 as follows: PART 10--[AMENDED] 1. The authority citation to Part 10 remains as follows: [[Page 2172]] Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 2. Part II.A of the Appendix is amended by republishing the introductory text and adding a new paragraph 15, to read as follows: * * * * * Appendix to Part 10--Exemptions * * * * * Part II. Specific exemptions. A. The following systems of records are exempt from subsection (c)(3) (Accounting of Certain Disclosures), (d) (Access to Records), (e)(4) (G), (H), and (I) (Agency Requirements), and (f) (Agency Rules) of 5 U.S.C. 552a, to the extent that they contain investigatory material compiled for law enforcement purposes in accordance with 5 U.S.C. 552a(k)(2): * * * * * 15. Vessel Identification System, maintained by the Operations Systems Center, U.S. Coast Guard (DOT/CG 590). The purpose of this exemption is to prevent persons who are the subjects of criminal investigations from learning too early in the investigative process that they are subjects, what information there is in Coast Guard files that indicates that they may have committed unlawful conduct, and who provided such information. * * * * * Issued in Washington, DC, on January 5, 1998. Rodney E. Slater, Secretary of Transportation. [FR Doc. 98-757 Filed 1-13-98; 8:45 am] BILLING CODE 4910-62-P