[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Proposed Rules]
[Pages 55380-55381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27974]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST-96-1472; Notice 97-10]
RIN 2105-AC60


Privacy Act; Implementation

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: DOT proposes to amend its rules implementing the Privacy Act 
of 1974 to exempt from certain provisions of the Act the Coast Guard's 
Vessel Information System. Public comment is invited.

DATES: Comments are due November 24, 1997.

ADDRESSES: Comments should be addressed to Documentary Services 
Division, Attention: Docket Section, Room PL401, Docket OST-96-1472, 
Department of Transportation, C-55, Washington, DC 20590. Any person 
wishing acknowledgment that his/her comments have been received should 
include a self-addressed stamped postcard. Comments received will be 
available for public inspection and copying in the Documentary Services 
Division, Room PL401, Department of Transportation Building, 400 
Seventh Street, SW, Washington, DC, from 9 AM to 5 PM ET Monday through 
Friday except Federal holidays.

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.


[[Page 55381]]



SUPPLEMENTARY INFORMATION:

Background

    The Coast Guard's Vessel Information System (VIS) would collect 
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 would impose many restrictions on the use and dissemination 
of information in the system. However, because VIS would be used for 
law enforcement purposes, it may be exempted from some of these 
restrictions.

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, of 
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 amendment 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 proposal will not have a significant economic impact on a 
substantial number of small entities.
    This proposal 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, the proposal 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 proposes to amend 49 CFR part 10 as follows:

PART 10--[AMENDED]

    1. The authority citation to part 10 would continue to read as 
follows:

    Authority: 5 U.S.C. 552a; 49 U.S.C. 322.

    2. Part II.A of the Appendix would be 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 Information 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 October 15, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-27974 Filed 10-23-97; 8:45 am]
BILLING CODE 4910-62-P