[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64086-64088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26240]


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

DEPARTMENT OF COMMERCE

[Docket No. 021007231-2231-01]


Privacy Act of 1974: System of Records

AGENCY: Department of Commerce.

ACTION: Notice of a new System of Records: Commerce/NOAA System-15: 
Alaska Region-North Pacific Groundfish Observer Program: Certified 
Domestic Observer Final Evaluations.

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

SUMMARY: This notice announces the Department's proposal for a new 
system of records under the Privacy Act. The system is entitled 
``Commerce/NOAA System-15: Alaska Region--North Pacific Groundfish 
Observer Program: Certified Domestic Observer Final Evaluations.'' The 
National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service (NMFS) is creating a new system of records for 
monitoring the performance of observers in the North Pacific groundfish 
fisheries. All observers hired by contractors and deployed on board 
vessels and at shoreside processing facilities that participate in the 
Alaska groundfish fisheries must satisfactorily execute their duties 
according to NMFS standards of observer conduct. This record system is 
designed to: (1) Monitor the performance of these observers; (2) ensure 
satisfactory compliance with NMFS standards of observer conduct; and 
(3) continue the

[[Page 64087]]

collection of data for the management of the North Pacific groundfish 
fisheries.

DATES: The system will become effective without further notice on 
November 15, 2002 unless comments dictate otherwise.
    Written comments must be submitted on or before November 15, 2002.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, National Marine 
Fisheries Service, P.O. Box 21668, Juneau, Alaska 99802, Attn: Lori 
Gravel, or delivered to the Federal Building, 709 West 9th Street, 
Juneau, Alaska, 99802.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228.

SUPPLEMENTARY INFORMATION: Pursuant to the implementation of the North 
Pacific Groundfish Observer Program (50 CFR 679.50), contractors hiring 
and deploying observers on board vessels and at shoreside processing 
facilities that participate in the Alaska groundfish fisheries are 
required to monitor observers' performance to ensure satisfactory 
execution of duties by observers and observer conformance with NMFS 
standards of observer conduct. This monitoring is best accomplished 
through access to the observer performance evaluations conducted by 
NMFS for each completed deployment by each observer. A new system of 
records is being created by NMFS, Alaska Region, to maintain this 
monitoring. This record system will be listed under Commerce/NOAA 
System 15-Alaska Region--North Pacific Groundfish Observer Program: 
Certified Domestic Observer Final Evaluations.
    NMFS finds no probable or potential adverse effects of the proposal 
on the privacy of individuals. To minimize the risk of unauthorized 
access to the system of records, electronic data will be stored 
securely with access limited to those NMFS employees whose official 
duties require access. Paper copies of records are made to fax 
information to the contractors included in this system of records. The 
paper copies are maintained in personnel folders in locked file 
cabinets in rooms accessible only to authorized personnel.
COMMERCE/NOAA-15

System Name:
    Alaska Region-North Pacific Groundfish Observer Program: Certified 
Domestic Observer Final Evaluations.

System Location:
    The National Marine Fisheries Service, Alaska Fisheries Science 
Center, North Pacific Groundfish Observer Program, 7600 Sand Point Way 
NE, Building 4, Seattle, Washington 98115-0070.

Categories of Individuals Covered by the System:
    NMFS-certified groundfish observers and NMFS-certified contractors 
(observer provider companies).
    Categories of Records in the System:
    Certified Domestic Observer Final Evaluations are completed by 
North Pacific Groundfish Observer Program staff for each NMFS-certified 
observer upon the completion of each deployment. A deployment is a 
period of time not to exceed 90 days when an observer is assigned to 
work aboard a fishing vessel or in a shoreside processor. The Certified 
Domestic Observer Final Evaluations include the following information: 
Observer name; debriefer name; cruise number; future training 
recommendation; mid-cruise briefing requirement; deployment history, 
including vessel or plant names, and dates deployed at each; deployment 
scores; and narrative evaluations.

Authority for Maintenance of the System:
    Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1853.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, or rule, regulation or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the appropriate agency, whether Federal, State, local or 
foreign, charged with the responsibility of investigation or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, or rule, regulation or order issued pursuant 
thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed to a 
Federal, state, or local agency maintaining civil, criminal, or other 
relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to a 
Department decision concerning the assignment, hiring or retention of 
an individual, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    3. A record from this system of records may be disclosed to a 
Federal, state, local, or international agency, in response to its 
request, in connection with the assignment, hiring or retention of an 
individual, the issuance of a security clearance, the reporting of an 
investigation of an individual, 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 
the requesting agency's decision on the matter.
    4. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    5. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    6. A record in this system of records may be disclosed to the 
Office of Management and Budget in connection with the review of 
private relief legislation as set forth in OMB Circular No. A-19 at any 
stage of the legislative coordination and clearance process as set 
forth in that Circular.
    7. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
    8. A record in this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    9. A record in this system may be transferred to the Office of 
Personnel Management for personnel research purposes, as a data source 
for management information, for the production of summary descriptive 
statistics and analytical studies in support of the function for which 
the records are collected and maintained, or related to manpower 
studies.
    10. A record in this system may be disclosed to the Administrator, 
General Services, or his designee, during an inspection of records 
conducted by GSA as part of that agency's responsibility to recommend 
improvements in records management practices and programs under 
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in 
accordance with the GSA regulations

[[Page 64088]]

governing inspection of records for this purpose and any other relevant 
(i.e. GSA or Commerce) directive. Such disclosure shall not be used to 
make determinations about individuals.
    11. NMFS will make available to each NMFS-certified contractor a 
NMFS-generated final evaluation, containing the information described 
above, for each observer deployment made under contract with that 
contractor.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Electronic storage on computers or disk; paper records in file 
folders individually named and kept in secure file cabinets.

Retrievability:
    Observers are assigned observer numbers and ``cruise'' (or 
deployment) numbers. Documents can be electronically retrieved by 
observer name or observer number combined with cruise number and year 
of deployment. Contractors included in this system of records do not 
have electronic access to this information. Paper printouts of 
electronic records will be made by NMFS staff to transmit via fax to 
the contractors included in this system of records.

Safeguards:
    Grounds and buildings employ security systems. Where electronic 
information is retrievable by terminal, all safeguards appropriate to 
secure the telecommunications system (hardware and software) are 
utilized. Paper records are maintained in secured file cabinets in 
areas that are accessible only to authorized personnel. NMFS-certified 
contractors, to whom access to this information is granted in 
accordance with this systems of records routine uses provision, are 
instructed on the confidential nature of this information.

Retention and disposal:
    Retention and disposal is in accordance with the National Archives 
Records Administration and the Department of Commerce record keeping 
procedures.

System Manager(s) and Address:
    North Pacific Groundfish Observer Program Task Leader, Alaska 
Fisheries Science Center, North Pacific Groundfish Observer Program, 
7600 Sand Point Way NE, BIN C15700, Building 4, Seattle, Washington, 
98115-0070.

Notification Procedure:
    Privacy Act information contained in this system of records may be 
requested from the system manager at the address above and must be 
approved by the Office of General Counsel, National Oceanic and 
Atmospheric Administration, Alaska Region. A requestor, including a 
NMFS-certified observer seeking information on himself or herself, 
should provide name, address, date of application, and record sought, 
pursuant to the inquiry provisions of the Department of Commerce's 
rules which appear in 15 CFR part 4b--Privacy Act.

Record Access Procedures:
    Upon completion of each deployment debriefing, NMFS will fax a copy 
of the observer's final deployment evaluation to the observer's 
contracting company. The observer provider company must keep the 
observer evaluation record confidential and cannot release it without 
prior written release from the observer. Each observer is provided with 
a copy of his or her final evaluation upon completion of that 
debriefing. A request from a NMFS-certified observer for past 
evaluations should be addressed to the same address as stated in the 
notification section above.

Contesting Record Procedures:
    The Department's rules for access, for contesting contents, and for 
appealing initial determinations by the individual concerned appear in 
15 CFR part 4b--Privacy Act.

Record Source Categories:
    NMFS-certified observers and North Pacific Groundfish Observer 
Program staff.

    Dated: October 9, 2002.
Brenda S. Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 02-26240 Filed 10-16-02; 8:45 am]
BILLING CODE 3510-22-P