[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30305-30308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14906]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0110]


Privacy Act of 1974; United States Coast Guard--013 Marine 
Information for Safety and Law Enforcement (MISLE) 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, and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
giving notice that it proposes to add a system of records to its 
inventory of record systems titled United States Coast Guard Marine 
Information for Safety and Law Enforcement System of Records. This 
system is a compilation of five legacy record systems: DOT/CG 679, 
Marine Information for Safety and Law Enforcement System (April 22, 
2002), DOT/CG 588, Marine Safety Information System (April 11, 2000), 
DOT/CG 505, Recreational Boating Law Enforcement Case Files (April 11, 
2000), DOT/CG 590, Vessel Identification System (April 11, 2000), DOT/
CG 591, Merchant Vessel Documentation System (April 11, 2000). This 
record system will allow the Department of Homeland Security/United 
States Coast Guard to collect and maintain records regarding marine, 
safety and law enforcement information. Categories of individuals, 
categories of records, and routine uses of these legacy system of 
records notices have been consolidated and updated to better reflect 
the United States Coast Guard's marine, safety and law enforcement 
information. Additionally, DHS is issuing a Notice of Proposed 
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal 
Register. The exemptions for the legacy system of records notices will 
continue to be applicable until the final rule for this SORN has been 
completed. This new system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Written comments must be submitted on or before July 27, 2009. 
This new system will be effective July 27, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0110 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change and may be read at http://www.regulations.gov, including any personal information provided.
    <bullet> 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: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. 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

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (Nov. 25, 2002), 
the Department of Homeland Security (DHS)/United States Coast Guard 
(USCG) have relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records regarding marine, 
safety and law enforcement information.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a USCG system of records under 
the Privacy Act (5 U.S.C. 552a) that deals with marine safety and law 
enforcement information. This record system will allow DHS/USCG to 
collect and maintain records regarding marine safety and law 
enforcement information. This record system will allow the Department 
of Homeland Security/United States Coast Guard to collect and maintain 
records regarding marine information and law enforcement information.
    In accordance with the Privacy Act of 1974, and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
giving notice that it proposes to add a system of records to its 
inventory of record systems titled United States Coast Guard Marine 
Information System and Law Enforcement System of Records. This

[[Page 30306]]

system is a compilation of five legacy record systems: DOT/CG 679, 
Marine Information for Safety and Law Enforcement System (67 FR 19612 
April 22, 2002), DOT/CG 588, Marine Safety Information System (65 FR 
19475 April 11, 2000), DOT/CG 505, Recreational Boating Law Enforcement 
Case Files (65 FR 19475 April 11, 2000), DOT/CG 590, Vessel 
Identification System (65 FR 19475 April 11, 2000), DOT/CG 591, 
Merchant Vessel Documentation System (65 FR 19475 April 11, 2000). This 
record system will allow the Department of Homeland Security/United 
States Coast Guard to collect and maintain records regarding marine 
safety, security, environmental protection and law enforcement 
information. Categories of individuals, categories of records, and 
routine uses of these legacy systems of records notices have been 
consolidated and updated to better reflect the United States Coast 
Guard's marine safety, security, environmental protection and law 
enforcement record systems. Additionally, DHS is issuing a Notice of 
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the 
Federal Register. The exemptions for the legacy system of records 
notices will continue to be applicable until the final rule for this 
SORN has been completed. This new system will be included in the 
Department of Homeland Security's inventory of record systems.

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 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 stored 
and retrieved by the name of the individual or by some identifying 
number such as property address, mailing address, or symbol assigned to 
the individual. In the Privacy Act, an individual is defined to 
encompass United States citizens and legal permanent residents. DHS 
extends administrative Privacy Act protections to all individuals where 
information is maintained on both U.S. citizens, lawful permanent 
residents, and visitors. 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 
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 of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the Marine Information 
for Safety and Law Enforcement System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.
System of Records
    DHS/USCG-013

System name:
    United States Coast Guard Marine Information for Safety and Law 
Enforcement (MISLE).

Security classification:
    Sensitive, but Unclassified.

System location:
    Records are maintained at the United States Coast Guard (USCG) 
Headquarters in Washington, DC, the USCG Operations Systems Center, 
Kearneysville, WV, and other field locations.

Categories of individuals covered by the system:
    Individuals with established relationship(s) and/or associations 
with vessels and marine transportation facilities and activities 
regulated by the USCG. Specifically, vessel owners, operators, 
charterers, masters, crew and/or agents, mortgagees, lien claimants, 
vessel builders, facility owners, managers or employees, individuals 
who own, operate, or represent marine transportation companies and 
other individuals who come in contact with the USCG through its law 
enforcement, marine safety, investigation, and environmental 
activities.

Categories of records in the system:
    Categories of records in this system include:
    <bullet> Name of individual, vessel, or facility;
    <bullet> Home and work addresses;
    <bullet> Phone numbers;
    <bullet> Facility number, involved party identification number, 
social security number, drivers license number, Immigration and 
Naturalization Service number, military identification number, U.S. 
Coast Guard license number, cellular number, foreign seaman's booklet 
number, resident alien number, merchant mariners license or 
documentation number, tax payer identification number;
    <bullet> Casualty case number;
    <bullet> Pollution incident case number;
    <bullet> Date of incident;
    <bullet> Civil penalty case number;
    <bullet> Biometric information through photographs including 
height, weight, eye color and hair color;
    <bullet> Videos;
    <bullet> Information on vessels and vessel characteristics 
including: Vessel identification data, registration data, port visits, 
inspection data, documentation data, port safety boarding, casualties, 
pollution incidents, and civil violations if applicable and associated 
information (data pertaining to people or organizations associated with 
vessels);
    <bullet> Information on marine transportation facilities including: 
Name, identification number, location, commodities handled, equipment 
certificates, approvals, inspection reports, pollution incidents, 
casualties, violations of U.S. laws, and data pertaining to people or 
organizations associated with those facilities;
    <bullet> For owners, operators, agents, and crew members: 
Statements submitted by USCG relating to boarding, investigations as a 
result of a pollution and/or casualty incident, as well as any 
violations of United States law, along with civil penalty actions taken 
as a result of such violations. Such reports could contain names of 
passengers on vessels, as well as witnesses to such violations.
    <bullet> Narratives, reports and documents by USCG personnel 
describing their activates on vessels and within facilities including 
incident reports, violations of laws and international treaties,

Authority for maintenance of the system:
    5 U.S.C. 301; 14 U.S.C 89a, 93(a) and (c), 632; 16 U.S.C 1431; The 
Federal Records Act, 33 U.S.C 1223; 33 U.S.C. 1228; 44 U.S.C. 3101; 46 
U.S.C. 3717; 46 U.S.C. 12501; 46 U.S.C. 12119; 12502; 46 CFR par 67.1 
et seq.; 49 CFR 1.45, 1.46.

Purpose(s):
    The purpose of this system is to establish a safety, security and 
law enforcement performance history of vessels, facilities, people and 
organizations engaged in marine transportation, including enforcement 
action, that can be used to identify and address safety, security and 
environmental risks and to establish vessel eligibility for 
documentation as a U.S. flag vessel.

[[Page 30307]]

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 of 
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 or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    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 who relies 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 Federal and State safety enforcement agencies, including, but 
not limited to, the Maritime Administration, U.S. Department of 
Transportation, and National Transportation Safety Board, to access 
historical data that may assist in safety investigations and improve 
transportation safety.
    I. To Federal, State, and local environmental agencies, including, 
but not limited to, the U.S. Environmental Protection Agency, to access 
historical data that may improve compliance with U.S. laws relating to 
environmental protection.
    J. To the United States Department of Commerce and National 
Technical Information Service (NTIS) to provide the characteristics of 
vessels documented by the USCG and owner information. This information 
is the same as that published in the annual publication ``Merchant 
Vessels of the United States'' (also known as the ``blue book''). This 
information is distributed electronically and is sold to the public.
    K. To Federal and State numbering and titling officials to access 
information for improving the tracking, registering, and titling of 
vessels.
    L. To the U.S. Department of Defense and related entities, 
including, but not limited to, the Military Sealift Command and U.S. 
Navy, to access data on safety information regarding vessels chartered 
by those agencies.
    M. To other Federal and State agencies not listed above, including, 
but not limited to, the U.S. Census Bureau, U.S. Department of Labor, 
and U.S. Department of Commerce, to access historical data for 
improving general statistical information.
    N. To the International Maritime Organization or intergovernmental 
organizations, nongovernmental organizations, or foreign governments in 
order to conduct joint investigations, operations, and inspections;
    O. To Federal, State, or local agencies with which the U.S. Coast 
Guard Memorandum or Understanding, Memorandum of Agreement, or 
Inspection and Certification Agreement pertaining to Marine Safety, 
Maritime Security, Maritime Law Enforcement, and Marine Environmental 
Protection activities.
    P. 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 in paper form 
in file cabinets, in file rooms, in secure facilities behind a locked 
door. Electronic records are stored on magnetic disc, tape, digital 
media, and CD-ROM.

Retrievability:
    Records may be retrieved by name of individual, vessel, or 
facility, facility number, involved party identification number, social 
security number, drivers license number, Immigration and Naturalization 
Service number, military identification number, U.S. Coast Guard 
license number, cedula number, foreign seaman's booklet number, 
resident alien number, merchant mariners license or documentation 
number, tax payer identification number person or organization name, 
casualty case number, pollution incident case number, date of incident, 
civil penalty

[[Page 30308]]

case number, USCG unit entering data or incident location.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
and paper systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer system and paper files 
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:
    Records are retained indefinitely because the records schedules are 
currently pending. A copy of this system has been transferred to the 
National Archives and Records Administration permanent records 
collection. The following records schedule has been proposed:
    A. Notifications associated with a Case or Activity are considered 
historically important and so are maintained permanently by the 
National Archives. USCG will transfer the records to the National 
Archives at least every five years after the close of a case or 
activity. In some cases, information may transferred prior to the five 
years.
    B. Notifications not associated with a Case or Activity are 
maintained for five years and then destroyed or deleted. Information 
collected by MISLE is stored for a minimum of five years after the 
record is created, after which the information will be retained, 
archived or destroyed in accordance with the MISLE Records Schedule 
approved by the National Archives and Records Administration. All 
system hardware and data is stored at OSC, Kearneysville, WV. Backups 
are performed daily. Copies of backups are stored at an off-site 
location.

System Manager and address:
    United States Coast Guard, Operations Systems Management Division, 
CG-635, 2100 2nd Street, SW., Washington, DC 20593-0001; Boating Safety 
Division, CG-5422; United States Coast Guard National Vessel 
Documentation Center, 792 T J Jackson Drive, Falling Waters, WV 25419.

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 USCG, Commandant (CG-611), 2100 2nd 
St., SW., Attn: FOIA Coordinator, Washington, DC 20593-0001. Specific 
FOIA contact information can be found at http://www.dhs.gov/foia under 
``contacts.''
    When seeking records about yourself from this system of records or 
any other USCG 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 subscribed to 
pursuant to 28 U.S.C. 1746, a law that permits statements to be made 
under penalty or perjury as a substitute for notarization. While no 
specific form is required, you may obtain forms for this purpose form 
the Director, Disclosure and FOIA, http://www.dhs.gov or 1-866-431-
0486. In addition you should provide the following:
    <bullet> An explanation of why you believe the Department would 
have information on you,
    <bullet> Specify when you believe the records would have been 
created,
    <bullet> 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 USCG 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:
    All information entered into the MISLE is gathered from USCG 
boarding, USCG inspections, and USCG documentation offices, vessel 
notice of arrival reports in the course of normal routine business. 
This information is gathered from the owners, operators, crew members, 
agents, passengers, witnesses, other government agencies and United 
States Coast Guard personnel.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5), and (8); and 
(g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In additional, 
the Secretary of Homeland Security has exempted this system from 
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).


    Dated: June 18, 2009.
Mary Ellen Callahan,
Chief Privacy Officer,
    Department of Homeland Security.
[FR Doc. E9-14906 Filed 6-24-09; 8:45 am]
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