[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Notices]
[Page 25203-25205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-83]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[USCG-2006-24540]
Privacy Act of 1974; System of Records
AGENCY: United States Coast Guard, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: The United States Coast Guard in the Department of Homeland
Security is creating a new system of records for the secure collection
of information from and about individuals and entities subject to the
requirements of the Maritime Transportation Security Act of 2002.
DATES: The new system of records will be effective May 30, 2006, unless
comments are received that result in a contrary determination.
ADDRESSES: You may submit comments identified by docket number USCG-
2006-24540 to the Docket Management Facility at the U.S. Department of
Transportation. To avoid duplication, please use only one of the
following methods:
(1) Web site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC
20590-0001.
(3) Fax: 202-493-2251 (not toll-free).
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal eRulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Donald Taylor, U.S. Coast Guard
Privacy Officer. Address: Commandant (CG-611), U.S. Coast Guard, 2100
2nd Street, SW., Washington, DC 20593-0001. Telephone number is 202-
475-3519.
SUPPLEMENTARY INFORMATION: The Maritime Transportation Security Act
(MTSA) of 2002 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 United States
Coast Guard (USCG) is the lead Federal agency for maritime homeland
security and has significant enforcement responsibilities under the
MTSA. Among other responsibilities under the MTSA, the Coast Guard
requires that maritime security plans be developed for ports, vessels
and facilities, and that those with access to maritime facilities have
credentials demonstrating their eligibility for such access.
Homeport, a new system of records under the Privacy Act of 1974,
will facilitate implementation of these requirements. Representatives
of the maritime industry, members of Area Maritime Security Committees,
which are required under the MTSA, other entities regulated by the
MTSA, and USCG and other officials will be able to register and use
Homeport for secure information dissemination and collaboration. In
this aspect regulated entities will be able to use Homeport for
electronic submission and approval of required security plans and the
Coast Guard will be able to verify compliance with security
requirements. Homeport will also 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, and to inform owners and operators
of those maritime facilities of the names of persons who have passed
the background screening. Homeport also has the capability to be used
as a communications tool in the event of a natural disaster or other
emergency to facilitate secure communications.
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 personally identifiable
information. 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 the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Information in Homeport about registered users and those subject to
screening for purposes of credentialing will be maintained in a system
of records.
The Privacy Act requires each agency to published 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 to make agency recordkeeping practices
transparent, to notify individuals regarding the uses to which
personally identifiable information is put, and to assist the
individual to more easily find such files within the agency.
Individuals may request 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 5.21).
USCG is hereby publishing the description of the Homeport system of
records. In accordance with 5 U.S.C. 552a(r), a report of this new
system of records has been provided to the Office of Management and
Budget (OMB) and to the Congress.
DHS/CG 060
System name:
Homeport
Security classification:
Unclassified, Sensitive.
System location:
The system is located at the United States Coast Guard Operations
Systems Center, 600 Coast Guard Drive, Kearneysville, WV 25430-3000.
Categories of individuals covered by the system of records:
This system of records covers individuals including, but not
limited to, representatives of the maritime industry, members of Area
Maritime Security Committees, entities regulated under the maritime
Transportation Security Act, and government officials. These persons
may complete on-line forms and/or request an account to provide the
information requested or required by the Coast Guard, access/view
sensitive but unclassified information, and participate in
collaboration communities. This system will also cover individuals for
whom background screening will be conducted for the purpose of
establishing Coast Guard-approved identification credentials for access
to certain regulated facilities. These individuals include, but are not
limited to, facility
[[Page 25204]]
operators, their employees, and non-employees who require regular
access privileges to such regulated facilities.
Categories of records in the system:
To participate in the Homeport portal for information dissemination
and collection, the following personal information may be included in
this record system: Full Name, Company or Organization name, Address,
City, State, Zip, Country, Work Phone, Mobile Phone, 24 Hour Contact
Phone, Fax, Pager, E-mail Address, Alternate E-mail Address, Referral
Name/Phone/E-mail Address, Date of Birth, height, weight, and other
personal characteristics, if applicable.
For Coast Guard members (active duty and civilian personnel), these
fields are pre-populated using data from Direct Access, the Coast
Guard's enterprise human resource system. The following information is
being captured from Direct Access: Employee ID, Billet Control Number
(BCN), Grade Level, and Position Number.
For purposes of issuing identification credentials for facilities
access, the following personal information will be included: Full Name,
Date of Birth, Social Security (optional) Number, and Alien
identification number (if applicable).
Authority for maintenance of the system:
50 U.S.C. 191; 46 U.S.C. 3717; 46 U.S.C. 12501; 44 U.S.C. 35 (1)
3507; 33 U.S.C. 1223; 14 U.S.C. 2; 33 CFR part 125
Purpose(s):
Homeport 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/facility
security plans, and complex electronic and telecommunication
notification capabilities. The collection of personally identifiable
information concerning those with access to Homeport will allow the
Coast Guard to validate the suitablility, identity and eligibility of
those who request permission and/or have access to the system. In
addition, the system helps ensure national security by collecting
information required to verify maritime workers' identities and
facilitating the validation of maritime workers' background
information. The system will also assist transportation facilities in
managing their security risks and accounting for access of authorized
personnel to transportation facilities and activities.
The system can also be used to facilitate communications and
therefore aid the Coast Guard's response to major incidents, such as
maritime casualties and natural disasters.
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) Where a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil or regulatory--the relevant recoreds may be referred to
an appropriate Federal, state, territorial, tribal, local,
international, or foreign agency law enforcement authority or other
appropriate agency charged with investigating or prosecuting such a
violation or enforcing or implementing such law.
(B) To Federal intelligence community agencies and other agencies
to further the mission of those agencies relating to persons who may
pose a risk to homeland security.
(C) To a Federal, state, local, tribal, territorial, foreign, or
international agency, in connection with 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 by the requesting
agency, to the extent that the information is relevant and necessary to
either to the agency's or the Coast Guard's decision on the matter.
(D) To an organization or individual in either the public or
private sector where there is a reason to believe that the recipient is
or could become the target of a particular terrorist activity or
conspriacy, to the extent the information is relevant to the protection
of life or property.
(E) To an agency, organization, or individual for the purposes of
performing authorized audit or oversight operations.
(F) To international and foreign governmental authorities, in
accordance with law and formal or informal international agreement.
(G) To maritime facility personnel or other appropriate individuals
when relevant to the individual's employment, application, contract,
issuance of credentials or clearances, or access to maritime
facilities.
(H) To the Department of Justice (DOJ) or other Federal agency in
the review, settlement, defense, and prosecution of claims, complaints,
and lawsuits involving matters over which the Coast Guard exercises
jurisdiction; or when conducting litigation, or in proceedings, before
any court, adjudicative or administrative body, when: (a) The Coast
Guard; or (b) any employee of the Coast Guard in his/her official
capacity; or (c) any employee of the Coast Guard in his/her individual
capacity, where DOJ or the Coast Guard has agreed to represent the
employee; or (d) the United States or any agency thereof, is a party to
the litigation, or has an interest in such litigation, and the Coast
Guard 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 the Coast Guard collected the records.
(I) To contractors, grantees, experts, consultants, volunteers, or
other like persons, when necessary to perform a function or service
related to this system of records for which they have been engaged.
(J) To a congressional office from the record of an individual, in
response to an inquiry from that congressional office made at the
individual.
(K) To the National Archives and Records Administration, or other
appropriate Federal agency, pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
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 in electronic form in an
automated data processing (ADP) database operated and maintained by the
USCG. Backups are performed daily. Copies of backups are stored at an
off-site location.
RETRIEVABILITY:
Information is retrieved from this system by First Name, Last Name,
City, State, Captain of the Port Zone, Vessel Role, Facility Role,
Committee Membership, Vessel Association, Case Identification Number,
and Facility Association.
SAFEGUARDS:
Homeport falls under the guidelines of the USCG Operations System
Center (OSC) in Kearneysville, WV. This computer facility has its own
approved
[[Page 25205]]
System Security Plan, which provides that the system will be maintained
in a secure computer room with access restricted to authorized
personnel only. Access to the building must be authorized and is
limited. The U.S. Coast Guard will operate Homeport in consonance with
Federal security regulations, policy, procedures, standards and
guidance for implementing the Automated Information Systems Security
Program. Only authorized Department of Homeland Security personnel, and
authorized U.S. Government contractors conducting system maintenance,
may access Homeport records.
Access to records is protected by the use of two-password security
and the scope of access for each password is limited to the official
need of each individual authorized access. USCG will ensure that users
take precautions in accordance with OMB Circular A-130, Appendix III
(regarding the Computer Security Act of 1987).
Retention and disposal:
USCG has a proposed record schedule pending with the National
Archives and Records Administration (NARA). If approved, registration
information collected by Homeport will be expunged from the system once
an account is terminated. Data related to maritime personnel screening
will be retained for two years. Response-associated information, such
as personal data needed for search and rescue purposes, will be
retained for 120 days following completion of response operations.
System Manager and address:
Department of Homeland Security, United States Coast Guard
Headquarters, Chief, Office of Information Resources (G-PRI), 2100 2nd
Street, SW., Washington, DC 20593-0001.
Notification procedures:
To determine if this system contains information on you, you may
submit a written request that includes your name, mailing address, and,
if applicable, your merchant mariner license or document number, to the
System Manager. For ease of identification, you should also include the
name and identifying number (documentation number, state registration
number, International Maritime Organization (IMO) number, etc.) of any
vessel with which you have been associated and the name and address of
any facility (including platforms, bridges, deep water ports, marinas,
terminals, and factories) with which you have been associated. You or
your legal representative must sign the request. Send the request to
the System Manager.
RECORDS ACCESS PROCEDURES:
Same as ``Notification procedures'' above.
Contesting record procedures:
Same as ``Notification procedures'' and ``Records
AccessProcedures,'' above.
Record source categories:
Information entered into Homeport is gathered from registering
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 U.S.
Coast Guard personnel.
Exemptions claimed for the system:
None.
Dated: April 13, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. 06-4027 Filed 4-25-06; 2:26 pm]
BILLING CODE 4410-10-M