[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2171-2172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-757]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST-96-1472]
RIN 2105-AC60
Privacy Act; Implementation
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: DOT amends its rules implementing the Privacy Act of 1974 to
exempt from certain provisions of the Act the Coast Guard's Vessel
Identification System.
EFFECTIVE DATE: This amendment is effective February 13, 1998.
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.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 24, 1997, the Department published a notice of proposed
rulemaking entitled, Privacy Act; Implementation in the Federal
Register (62 FR 55380). The Department did not receive any comments on
the proposed rulemaking. DOT is therefore making its proposal final as
written. The Department is correcting an editorial error in the name of
the system. The notice of proposed rulemaking termed the system the
``Vessel Information System,'' and the correct name of the system is
the ``Vessel Identification System.''
Background
The Coast Guard's Vessel Identification System (VIS) will collect
selected information on vessels operating in US waters, and will
collect and 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 imposes many restrictions on the use and dissemination of
information in the system. However, because VIS is to be used for law
enforcement purposes, it may be exempted from some of these
restrictions.
The Coast Guard, via a rulemaking entitled Vessel Identification
System (CGD 89-050), has established the guidelines for participating
states to make their information available for VIS, as well as the
guidelines to establish the procedures for state vessel titling
systems, and the procedures for establishing compliance. An interim
rule was published in the Federal Register on April 25, 1996 (60 FR
20310), and the comment period on the interim rule was reopened on
October 20, 1997 (62 FR 54385).
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, or
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 rule 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 rule will not have a significant economic impact on a
substantial number of small entities; it applies only to information on
individuals.
This rule 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, this rule 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 amends 49 CFR Part 10 as follows:
PART 10--[AMENDED]
1. The authority citation to Part 10 remains as follows:
[[Page 2172]]
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
2. Part II.A of the Appendix is 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 Identification 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 January 5, 1998.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-757 Filed 1-13-98; 8:45 am]
BILLING CODE 4910-62-P
