[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Notices]
[Pages 19612-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9774]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

[Docket No. OST-1996-1437]


Privacy Act of 1974: System of Records

AGENCY: Coast Guard, DOT.

ACTION: Notice to establish a system of records.

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SUMMARY: DOT proposes to establish a new system of records under the 
Privacy Act of 1974 and exempt the system from certain provisions of 
the Act.

EFFECTIVE DATE: June 3, 2002. If no comments are received, the proposal 
will become effective on the above date. If comments are received, the 
comments will be considered and, where adopted, the documents will be 
republished with changes.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the U.S. Department of Transportation, Docket 
Management Facility (OST-1996-1437), 400 7th Street, SW., Washington, 
DC 20590.
    (2) By delivery to the NASSIF Building, 400 7th Street, SW., PL-401 
Washington, DC room PL-401, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The telephone number is 202-366-9317.
    (3) By fax to the Docket Management Facility at 202-493-2251. 
Include the docket number OST-1996-1437.
    (4) Electronically through the Website for the Docket Management 
System at http://dms.dot.gov. Include the docket number OST-1996-1437. 
The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at 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. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call Mr. Gary Chappell, Marine Safety Data Administration, Coast Guard, 
telephone 202-267-1061 or by email at [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 
202-366-9317.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to propose the 
establishment of a system of records that maintains information 
regarding the operation, management, and decision-making functions of 
the Coast Guard as they pertain to marine safety, maritime security, 
maritime law enforcement, and marine environmental protection 
activities, to be known as the Marine Information for Safety and Law 
Enforcement system (MISLE). MISLE will replace, and thus retire, the 
Marine Safety Information System (MSIS). As of December 13, 2001, MSIS 
is no longer used to collect information; however, the information 
contained in MSIS will be retained for historical purposes in 
accordance with the MSIS Privacy Act Notice (DOT/CG 588). MISLE is an 
information system that will support the information needs and business 
processes of Marine Safety and Operations activities within the USCG.
    MISLE may contain information on vessel owners, operators, 
charterers, managers, agents, crewmembers, or passengers; facility 
owners, operators, managers, or employees; individuals who own, 
operate, or represent marine transportation companies, and other 
individuals who come into contact with the Coast Guard through its 
Maritime Law Enforcement, Investigation, Marine Safety, Maritime 
Security, and Marine Environmental Protection activities. Information 
collected may include involved party (individual, company, government 
agency or organization) name, involved party identification number 
(IPN), Social Security number, Drivers License number, Foreign ID 
number, Passport number, VISA number, Immigration and Naturalization 
Service (INS) number, Military ID number, USCG License number, Cedula 
number, Foreign Seaman's Booklet number, resident alien number, 
Merchant Mariners License number, Merchant Mariner Documentation 
number, or taxpayer identification number (TIN).
    A description of the steps taken to safeguard records contained in 
this system is given under the ``Safeguards'' heading of the Federal 
Register system of records notice. The Routine Uses described in the 
system of records notice satisfy the compatibility requirement of 
subsection (a)(7) of the Privacy Act, as they all support the 
operation, management, and decision-making functions of the USCG as 
they pertain to Marine Safety, Maritime Security, Maritime Law 
Enforcement, and Marine Environmental Protection.
DOT/CG 679

System name:
    Marine Information for Safety and Law Enforcement (MISLE).

Security classification:
    Unclassified, Sensitive.

System location:
    U.S. Coast Guard (USCG), Operations Systems Center, 600 Coast Guard 
Drive, Kearneysville, WV 25430-3000.

Categories of individuals covered by the system of records:
    Individuals with established relationship(s) and/or association(s) 
to vessels, facilities (including platforms, bridges, deep-water ports, 
marinas, terminals, and factories), and activities.

[[Page 19613]]

Specifically, vessel owners, operators, charterers, managers, agents, 
crewmembers, or passengers; facility owners, operators, managers, or 
employees; individuals who own, operate, or represent marine 
transportation companies, and other individuals who come into contact 
with the Coast Guard through its law enforcement, investigation, marine 
safety, maritime security, and environmental protection activities.

Categories of records in the system:
    a. Records containing information on vessels and their 
characteristics, including: vessel identification data, registration 
data, port visits, inspection data, documentation data, maritime safety 
and security boardings, casualties, pollution incidents, and violations 
of all laws and international treaties, if applicable, and information 
pertaining to individuals, companies, and organizations associated with 
those vessels such as owners, operators, agents, crew members, and 
passengers.
    b. Records containing information on facilities and their 
characteristics, including: location, commodities handled, equipment, 
certificates, approvals, inspection data, pollution incidents, 
casualties, and violations of all laws and international treaties, if 
applicable, and information pertaining to individuals, companies, and 
organizations associated with those facilities such as owners, 
operators, managers and employees.
    c. Records containing information on individuals, companies, 
government agencies, and other organizations associated with vessels, 
facilities (including platforms, bridges, deep water ports, marinas, 
terminals, and factories), and/or Coast Guard activities including: 
nationality, address, telephone number, and taxpayer or other 
identification number; relationship to vessels and facilities; their 
relationship to other individuals, companies, government agencies and 
organizations in MISLE; pollution incidents, casualties, and violations 
of all laws and international treaties.
    d. Narratives submitted by USCG personnel describing activities 
performed on vessels and facilities, investigations of casualties and 
pollution incidents, and violations of all laws and international 
treaties. Such narratives may contain the names of individuals, such as 
owners, managers, employees, passengers, agents, or witnesses to the 
events described above. Electronic documents, photographs, videos and 
similar materials collected to support USCG activities or reports.

Authority for maintenance of the system:
    46 U.S.C. 3717; 46 U.S.C. 12501; 33 U.S.C. 1223.

Purpose(s):
    To implement and enforce marine safety, maritime security, maritime 
law enforcement, and marine environmental protection.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Issuance of Certificates of Documentation, Certificates of 
Inspections, maritime safety and security boardings, monitoring cargo 
transfers, capturing data on pollution incidents and casualties, and 
reporting of violations resulting from these incidents.
    MISLE Records may be disclosed to the following:
    1. U.S. Department of Defense and related entities including, but 
not limited to, the Military Sealift Command and the U.S. Navy, to 
provide safety and security information on vessels chartered or 
operated by those agencies. Federal, State, or local agencies with 
responsibility for investigating and/or enforcing violations of U.S. 
law. Federal agencies with responsibility for carrying out or 
supporting national security, including intelligence community agencies 
to the extent not prohibited by law. Federal, State, or local numbering 
and titling officials for the purpose of tracking, registering and 
titling vessels.
    2. The U.S. Department of Labor and its related State counterparts 
for tracking personnel casualties.
    3. The National Transportation Safety Board and its related State 
counterparts for safety investigation and transportation safety.
    4. The International Maritime Organization (IMO) or 
intergovernmental organizations, nongovernmental organizations, or 
foreign governments in order to conduct joint investigations, 
operations, and inspections.
    5. Federal, State, or local agencies with which the Coast Guard has 
a Memorandum of Understanding (MOU), Memorandum of Agreement (MOA), or 
Inspection and Certification Agreement (IAA) pertaining to Marine 
Safety, Maritime Security, Maritime Law Enforcement, and Marine 
Environmental Protection activities. See the DOT Prefatory Statement of 
General Routine Uses.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Storage of all records is in an automated data processing (ADP) 
database operated and maintained by the USCG. All data are retained 
indefinitely.

Retrievability:
    Records are retrieved by involved party (individual, company, 
government agency or organization) name, involved party identification 
number (IPN), Social Security number, Drivers License number, Foreign 
ID number, Passport number, VISA number, Immigration and Naturalization 
Service (INS) number, Military ID number, USCG License number, Cedula 
number, Foreign Seaman's Booklet number, resident alien number, 
Merchant Mariners License number, Merchant Mariner Documentation 
number, or taxpayer identification number (TIN).

Safeguards:
    MISLE falls under the guidelines of the USCG Operations System 
Center (OSC) in Kearneysville, WV. This computer facility has its own 
approved 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. A Sensitive Application Certification (SAC) has been 
approved for MISLE. The U.S. Coast Guard will operate MISLE in 
consonance with Federal security regulations, policy, procedures, 
standards and guidance for implementing the Automated Information 
Systems Security Program. Only authorized Department of Transportation 
personnel, and authorized U.S. Government contractors conducting system 
maintenance, may access MISLE records.
    Access to records is password protected 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). Additional protection is afforded by 
the use of two-password security.

Retention and disposal:
    Information collected by MISLE is stored indefinitely. 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.

[[Page 19614]]

System manager(s) and address:
    Department of Transportation, United States Coast Guard 
Headquarters, Chief, Office of Information Resources (G-MRI), 2100 2nd 
Street, SW., Washington, DC 20593-0001.

Notification procedures:
    To determine if this system contains information on you, submit a 
written request that includes your name, mailing address, social 
security number and, if applicable, your merchant mariner license or 
document number, to the System Manager. 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.

Record access procedures:
    Same as Notification Procedures.

Contesting records procedures:
    Same as Notification Procedures.

Record source categories:
    All information entered into MISLE is gathered from inspections, 
boardings, investigations, documentation offices, and vessel notice of 
arrival reports in the course of normal routine business. This 
information is gathered from the owners, operators, crewmembers, 
agents, passengers, witnesses, employees, and USCG personnel.

Exemptions claimed for the system:
    Portions of this system of records may be exempt under the 
provisions of 5 U.S.C. 552a(k)(2) from 5 U.S.C. 552a(c)(3), (d), 
(e)(4)(G), (e)(4)(H), (e)(4)(l), and (f).

OMB control number:
    Not applicable.

    Dated: April 15, 2002
Yvonne L. Coates
Privacy Act Coordinator
[FR Doc. 02-9774 Filed 4-19-02; 8:45 am]
BILLING CODE 4910-62-P