[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74744-74747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29380]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0067]


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

AGENCY: Privacy Office, Department of Homeland Security.

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 current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard Great Lakes Registered Pilot and 
Applicant Pilot Eligibility Records.'' This system of records allows 
the Department of Homeland Security/United States Coast Guard to 
collect and preserve the records related to applicant and registered 
pilots that assist USCG in meeting its statutory obligation to 
establish, regulate, and oversee the operations of a pilotage system on 
the Great Lakes. As a result of the biennial review of this system USCG 
had modified or amended: (1) System location records category; (2) 
categories of records; (3) system manager and address category; and (4) 
notification procedure categories. Additionally, this notice includes 
non-substantive changes to simplify the formatting and text of the 
previously published notice. This updated system will be included in 
the Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before January 15, 2015. This updated 
system will be effective January 15, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0067 by one of the following methods:

[[Page 74745]]

    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 202-343-4010.
    <bullet> Mail: Karen L. Neuman, 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Marilyn Scott-Perez (202) 475-3515, Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/United States Coast Guard-006 Great Lakes Registered Pilot and 
Applicant Pilot Eligibility System of Records. The collection and 
maintenance of this information will assist DHS/USCG in meeting its 
statutory obligation to establish, regulate, and oversee the operations 
of a pilotage system on the Great Lakes. The DHS/USCG-006 Great Lakes 
Registered Pilot and Applicant Pilot Eligibility System of Records is 
the USCG's record system 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. As 
a result of a biennial review of the system, USCG has updated, (1) the 
system location to declare the new command name (Office of Waterways 
and Ocean Policy, Great Lakes Pilotage Division) and the new office 
symbol (CG-WWM-2); (2) the categories of records in the system to 
remove the annual report of physical examination and drug testing 
records no longer maintained by this system; and (3) the system manager 
and address category to include the new command name, office symbol, 
and mail stop.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-006 Great Lakes Registered Pilot and Applicant 
Pilot Eligibility Records may be shared with other DHS components that 
have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, information may be shared with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice.
    This updated system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate 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 from 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/USCG-006 Great Lakes Registered 
Pilot and Applicant Pilot Eligibility 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

Department of Homeland Security (DHS)/USCG--006

System name:
    DHS/USCG-006 Great Lakes Registered Pilot and Applicant Pilot 
Eligibility Records.

Security classification:
    Unclassified.

System location:
    USCG maintains records at USCG Headquarters in the Office of 
Waterways and Ocean Policy, Great Lakes Pilotage Division, (CG-WWM-2) 
in Washington, DC 20593. Merchant Mariner Licensing and Documentation 
(MMLD) System is the information technology repository for Great Lakes 
registered pilot and applicant pilot records.

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; and those individuals whose applications were rejected as 
a pilot on the Great Lakes.

Categories of records in the system:
    <bullet> Full name (including maiden name, if applicable);
    <bullet> Home address;
    <bullet> Date and place of birth;
    <bullet> Photograph;
    <bullet> Country of citizenship;
    <bullet> Social Security number;
    <bullet> Color of eyes, hair, weight, and height;
    <bullet> Application for registration;
    <bullet> Renewal of registration;
    <bullet> Coast Guard license and merchant mariner document data;
    <bullet> Examination and test results for registration; and
    <bullet> Sea service record and other related documentation 
provided by pilot or applicant.

Authority for maintenance of the system:
    Departmental Regulations, 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, 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 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:

[[Page 74746]]

    A. To the Department of Justice (DOJ), including Offices of the 
United States Attorneys, or other federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    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 (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization 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. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) 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, when 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 assist training program needs, retirements, statistical 
compilations, and negotiations with Canadian authorities to ensure 
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:
    USCG stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, or digital media.

Retrievability:
    USCG may retrieve records by name and pilot registration number.

Safeguards:
    USCG safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. USCG imposes strict controls 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:
    USCG destroys records 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-WWM-2), Chief, Great Lakes Pilotage Division, United 
States Coast Guard, Mail Stop 7509, Washington, DC 20593.

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 Commandant, (CG-611), United 
States Coast Guard, Mail Stop 7710, Washington, DC 20593.
    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

[[Page 74747]]

the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
    <bullet> Explain why you believe the Department would have 
information on you;
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you;
    <bullet> Specify when you believe the records would have been 
created; and
    <bullet> 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 the above 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:
    USCG obtains records from the 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: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-29380 Filed 12-15-14; 8:45 am]
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