[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Proposed Rules]
[Pages 55380-55381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27974]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST-96-1472; Notice 97-10]
RIN 2105-AC60
Privacy Act; Implementation
AGENCY: Office of the Secretary, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: DOT proposes to amend its rules implementing the Privacy Act
of 1974 to exempt from certain provisions of the Act the Coast Guard's
Vessel Information System. Public comment is invited.
DATES: Comments are due November 24, 1997.
ADDRESSES: Comments should be addressed to Documentary Services
Division, Attention: Docket Section, Room PL401, Docket OST-96-1472,
Department of Transportation, C-55, Washington, DC 20590. Any person
wishing acknowledgment that his/her comments have been received should
include a self-addressed stamped postcard. Comments received will be
available for public inspection and copying in the Documentary Services
Division, Room PL401, Department of Transportation Building, 400
Seventh Street, SW, Washington, DC, from 9 AM to 5 PM ET Monday through
Friday except Federal holidays.
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 55381]]
SUPPLEMENTARY INFORMATION:
Background
The Coast Guard's Vessel Information System (VIS) would collect
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 would impose many restrictions on the use and dissemination
of information in the system. However, because VIS would be used for
law enforcement purposes, it may be exempted from some of these
restrictions.
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, 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.
Analysis of Regulatory Impacts
This amendment 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 proposal will not have a significant economic impact on a
substantial number of small entities.
This proposal 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, the proposal 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 proposes to amend 49 CFR part 10 as follows:
PART 10--[AMENDED]
1. The authority citation to part 10 would continue to read as
follows:
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
2. Part II.A of the Appendix would be 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 Information 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 October 15, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-27974 Filed 10-23-97; 8:45 am]
BILLING CODE 4910-62-P
