98-1923. Privacy Act; Implementation  

  • [Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
    [Rules and Regulations]
    [Pages 4195-4197]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-1923]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Office of the Secretary
    
    49 CFR Part 10
    
    [Docket No. OST-96-1472]
    RIN: 2105-AC68
    
    
    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 Marine 
    Safety Information System.
    
    DATES: This amendment is effective February 27, 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.
    
    [[Page 4196]]
    
    SUPPLEMENTARY INFORMATION:
    
    Regulatory History
    
        On November 28, 1997, the Department published a notice of proposed 
    rulemaking entitled, Privacy Act; Implementation in the Federal 
    Register (62 FR 63304). The Department did not receive any comments on 
    the proposed rulemaking.
    
    Background
    
        The Coast Guard's Marine Safety Information System (MSIS) collects 
    selected information on commercial and/or documented vessels operating 
    in US waters, and collects and manages the data needed to monitor the 
    safety performance of maritime vessels and facilities with which the 
    Coast Guard comes into contact while performing its marine safety 
    functions. It also monitors the identities of individuals and 
    corporations that own or operate these vessels, and, if appropriate, 
    aids the Coast Guard to develop law enforcement actions against such 
    vessels, facilities, individuals, and corporations.
        MSIS consolidates information from three other Coast Guard Privacy 
    Act record systems: DOT/CG 561, Port Safety Reporting System 
    (Individual Violation Histories); and DOT/CG 587, Investigations of 
    Violations of Marine Safety Laws, and the automated, but not the 
    manual, portions of DOT/CG 590, Merchant Vessel Casualty Reporting 
    System. It also encompasses the automated, but not the manual, portions 
    of DOT/CG 591, Merchant Vessel Documentation System.
        Because of the capability to retrieve information by the names or 
    other unique identifiers of individuals, MSIS is subject to the Privacy 
    Act, which imposes many restrictions on the use and dissemination of 
    information in the system. However, because MSIS can be used for law 
    enforcement purposes, it is exempted from some of these restrictions.
        This rule is being published as a final rule and is being made 
    effective on February 15, 1998. Pursuant to 5 U.S.C. 553, good cause 
    exists for promulgating this rule and for making this rule effective 
    less than 30 days after publication in the Federal Register. The Coast 
    Guard is scheduled to commence Operational Testing and Evaluation for 
    the Vessel Identification System (VIS), a congressionally mandated 
    project, on February 15, 1998. VIS will incorporate specific vessel 
    documentation information from the MSIS. The completion of this 
    operational test is essential to the deployment of the VIS. Making the 
    final rule effective at the time of the commencement of the operational 
    test will significantly improve the transition to the VIS and negate 
    any unintended consequences of not meeting the Congressional Mandate. 
    Delaying the test may have adverse effects on the development and 
    implementation of the VIS. Further, because the test will only involve 
    a limited number of state administrators, and the information contained 
    in VIS will be destroyed following the completion of the test, no 
    adverse impacts are expected. For these reasons, the Coast Guard finds 
    good cause, under 5 U.S.C. 553(d)(3), that the effective date of this 
    rule should be made effective in less than 30 days after publication.
    
    Privacy Act exemption
    
        Under subsection (k) of the Privacy Act (5 USC 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), (e)(4)(H), and (e)(4)(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 USC 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 MSIS accordingly; 
    however, if an individual would be denied any right, privilege, or 
    benefit to which he/she would otherwise be entitled by Federal law, of 
    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.
        DOT proposed to exempt MSIS from these provisions and invited 
    public comment; none was received. DOT therefore is making its proposal 
    final as written.
    
    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, because the reporting 
    requirements, themselves, are not changed and because 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.
    
    Collection of Information
    
        This rule contains no collection of information requirements under 
    the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Unfunded Mandates
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. 
    L. 104-4, 109 Stat. 48), requires Federal agencies to assess the 
    effects of certain regulatory actions on State, local, and tribal 
    governments, and the private sector. UMRA requires a written statement 
    of economic and regulatory alternatives for proposed and final rules 
    that contain Federal mandates. A ``Federal mandate,'' is a new or 
    additional enforceable duty, imposed on any State, local, or tribal 
    government, or the private sector. If any Federal mandate causes those 
    entities, to spend, in aggregate, $100 million or more in any one year 
    the UMRA analysis is required. This rule does not impose Federal 
    mandates on any State, local or tribal governments or the private 
    sector.
    
    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 continues to read as follows:
    
    
    [[Page 4197]]
    
    
        Authority: 5 USC 552a; 49 USC 322.
    
        2. Part II.A of the Appendix is amended by republishing the 
    introductory text and by adding a new paragraph 16, 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 USC 552a, to the extent that they contain investigatory 
    material compiled for law enforcement purposes in accordance with 5 
    USC 552a(k)(2):
    * * * * *
        16. Marine Safety Information System, maintained by the 
    Operations Systems Center, U.S. Coast Guard (DOT/CG 588). 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 20, 1998.
    Rodney Slater,
    Secretary of Transportation.
    [FR Doc. 98-1923 Filed 1-27-98; 8:45 am]
    BILLING CODE 4910-62-P
    
    
    

Document Information

Effective Date:
2/27/1998
Published:
01/28/1998
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-1923
Dates:
This amendment is effective February 27, 1998.
Pages:
4195-4197 (3 pages)
Docket Numbers:
Docket No. OST-96-1472
PDF File:
98-1923.pdf
CFR: (1)
49 CFR 10