Notice2021-28077
Privacy Act of 1974; Department of Transportation, Maritime Administration; DOT/MARAD 035; United States Merchant Marine Academy (USMMA) Student Religious Accommodations Files
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Published
December 27, 2021
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
In accordance with the Privacy Act of 1974, the Maritime Administration (MARAD) intends to establish a new system of records for the United States Merchant Marine Academy (USMMA) entitled "DOT/MARAD 035--USMMA Student Religious Accommodations Files." This system allows MARAD/USMMA to collect, use, maintain, and disseminate the records needed to process, manage, maintain, and resolve reasonable accommodation requests from USMMA students and accepted applicants based on religious belief, practice, or observance. This includes requests for accommodation to decline vaccinations. The information will be used to make determinations for exemptions to vaccination requirements. MARAD/USMMA is required to consider reasonable accommodation requests in accordance with applicable law including the Religious Freedom Restoration Act and Executive Order 13160, Nondiscrimination on the Basis of Race, Sex, Color, National Origin, Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted Education and Training Programs.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73409-73412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28077]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD-2021-0269]
Privacy Act of 1974; Department of Transportation, Maritime
Administration; DOT/MARAD 035; United States Merchant Marine Academy
(USMMA) Student Religious Accommodations Files
AGENCY: Maritime Administration, Transportation (DOT).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Maritime
Administration (MARAD) intends to establish a new system of records for
the United States Merchant Marine Academy (USMMA) entitled ``DOT/MARAD
035--USMMA Student Religious Accommodations Files.'' This system allows
MARAD/USMMA to collect, use, maintain, and disseminate the records
needed to process, manage, maintain, and resolve reasonable
accommodation requests from USMMA students and accepted applicants
based on religious belief, practice, or observance. This includes
requests for accommodation to decline vaccinations. The information
will be used to make determinations for exemptions to vaccination
requirements. MARAD/USMMA is required to consider reasonable
accommodation requests in accordance with applicable law including the
Religious Freedom Restoration Act and Executive Order 13160,
Nondiscrimination on the Basis of Race, Sex, Color, National Origin,
Disability, Religion, Age, Sexual Orientation, and Status as a Parent
in Federally Conducted Education and Training Programs.
DATES: This new system of records is effective upon publication;
however, comments on the Routine Uses will be accepted on or before
January 26, 2022. The Routine Uses will become effective at the close
of the comment period. MARAD may publish an amended System of Records
Notice (SORN) in light of any comments received.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2021-0269 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Search
``MARAD-2021-0269'' and follow the instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#9dcfe8f1f8f0fcf6f4f3faeeb3d0dccfdcd9ddf9f2e9b3faf2eb"><span class="__cf_email__" data-cfemail="feac8b929b939f959790998dd0b3bfacbfbabe9a918ad0999188">[email protected]</span></a>. Include ``MARAD-2021-
0269'' in the subject line of the message.
<bullet> Mail/Hand-Delivery/Courier: Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-
140, Washington, DC 20590. If you would like to know that your comments
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. The Docket Management Facility is open 9:00 a.m. to 5:00
p.m., Monday through Friday, except on Federal holidays.
You may view the public comments submitted on this rulemaking at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
When searching for comments, please use the Docket ID: MARAD-2021-
0269. An electronic copy of this document may also be downloaded from
the Office of the Federal Register's website at <a href="http://www.FederalRegister.gov">www.FederalRegister.gov</a>
and the Government Publishing Office's website at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
Note: If you mail or hand-deliver your input, we recommend that
you include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission. If you submit
your inputs by mail or hand-delivery, they must be submitted in an
unbound format, no larger than 8 \1/2\ by 11 inches, single-sided,
suitable for copying and electronic filing.
Instructions: All submissions received must include the agency name
and docket number. All comments received will be posted without change
to the docket at <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact Karyn Gorman, Acting Departmental Chief Privacy Officer,
Department of Transportation, S-83, Washington, DC 20590, Email:
<a href="/cdn-cgi/l/email-protection#0272706b7463617b42666d762c656d74"><span class="__cf_email__" data-cfemail="5727253e2136342e1733382379303821">[email protected]</span></a>, Tel. (202) 366-3140.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, MARAD is
proposing a new system of records entitled ``DOT/MARAD 035--USMMA
Student Religious Accommodations Files.'' Executive Order 13160,
Nondiscrimination on the Basis of Race, Sex, Color, National Origin,
Disability, Religion, Age, Sexual Orientation, and Status as a Parent
in Federally Conducted Education and Training Programs and the
Religious Freedom Restoration Act (RFRA)], 42 U.S.C. 2000bb et seq.,
require MARAD/USMMA to provide religious accommodations in some
circumstances. MARAD/USMMA is required to collect information on
religious accommodation requests to determine eligibility for religious
accommodations, and grant or deny accommodation or exemption for such a
request. This system will collect information related to individuals
requesting religious exemptions from vaccines or other accommodations
necessary for the free exercise of religion. By requesting a religious
accommodation, individuals are authorizing MARAD/USMMA to collect and
maintain a record of information pertaining to the exercise of
religious beliefs protected by the First Amendment.
[[Page 73410]]
In order to make a determination regarding religious accommodation,
the USMMA must collect information from the accepted applicant or
student applying for accommodation. The information contained within
this system of records will be collected directly from individual USMMA
students and accepted applicants who are the subject of the record.
This new system will be included in MARAD's inventory of record
systems.
MARAD has also included DOT General Routine Uses, to the extent
they are compatible with the purposes of this System. As recognized by
the Office of Management and Budget (OMB) in its Privacy Act
Implementation Guidance and Responsibilities (65 FR 19746 (July 9,
1975)), the routine uses include proper and necessary uses of
information in the system, even if such uses occur infrequently. MARAD
is including in this notice routine uses for disclosures to law
enforcement when the record, on its face, indicates a violation of law,
to DOJ for litigation purposes, or when necessary in investigating or
responding to a breach of this system or other agencies' systems. MARAD
may disclose to Federal, State, local, or foreign agency information
relevant to law enforcement, litigation, and proceedings before any
court or adjudicative or administrative body. OMB has long recognized
that these types of routine uses are ``proper and necessary'' uses of
information and qualify as compatible with agency systems (65 FR 19476,
April 11, 2000). In addition, OMB Memorandum M-17-12, directed agencies
to include routine uses that will permit sharing of information when
needed to investigate, respond to, and mitigate a breach of a Federal
information system. MARAD has also included routine uses that permit
sharing with the National Archives and Records Administration when
necessary for an inspection, to any Federal government agency engaged
in audit or oversight related to this system. MARAD also has included
routine uses that permit the sharing of information necessary for
transferring USMMA students either to other schools or to the military,
as it relates to requests under the Family Education Rights and Privacy
Act (FERPA), as well as when in connection to the hiring, firing, or
retention of an employee or contractor, or the issuance of a security
clearance, license, certification, contract, grant, or other benefit.
These types of disclosures are necessary and proper uses of information
in this system because they further MARAD's obligation to fulfil its
records management and program management responsibilities by
facilitating accountability to agencies charged with oversight in these
areas.
Public Participation
How do I submit comments on the proposed rule?
Your comments must be written and in English. Include the docket
number in your comments to ensure that your comments are correctly
filed in the Docket. We encourage you to provide concise comments;
however, you may attach additional documents as necessary. There is no
limit on the length of the attachments. Please submit your comments,
including the attachments, following the instructions provided under
the above entitled heading ADDRESSES.
MARAD will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent possible, MARAD will also consider comments received after
that date.
For access to the docket to submit or read comments received, go to
the Docket Management Facility, U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building, Room W12-140, Washington, DC
20590. The Docket Management Facility is open 9:00 a.m. to 5:00 p.m.,
Monday through Friday, except on Federal holidays. To review documents,
read comments or to submit comments, the docket is also available
online at <a href="http://www.regulations.gov">www.regulations.gov</a>., keyword search ``MARAD-2021-0269.''
Will my comments be made available to the public?
Before including your address, phone number, email address or other
personal information in your comment, be aware that your entire
comment, including your personal identifying information, will be made
publicly available. Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.).
May I submit comments confidentially?
If you wish to submit comments under a claim of confidentiality,
you should submit your complete submission, including the information
you claim to be confidential business information, to the Department of
Transportation, Maritime Administration, Office of Legislation and
Regulations, MAR-225, W24-220, 1200 New Jersey Avenue SE, Washington,
DC 20590. When you submit comments containing information claimed to be
confidential information, you should include a cover letter setting
forth with specificity the basis for any such claim and, if possible, a
summary of your submission that can be made available to the public.
Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
federal government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The Privacy Act extends rights and protections to
individuals who are U.S. citizens and lawful permanent residents.
Additionally, the Judicial Redress Act (JRA) provides a covered person
with a statutory right to make requests for access and amendment to
covered records, as defined by the JRA, along with judicial review for
denials of such requests. In addition, the JRA prohibits disclosures of
covered records, except as otherwise permitted by the Privacy Act. You
may review the DOT's complete Privacy Act statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
<a href="https://DocketsInfo.dot.gov">https://DocketsInfo.dot.gov</a>.
Below is the description of the USMMA Student Religious
Accommodations Files System of Records. In accordance with 5 U.S.C.
552a(r), MARAD has provided a report of this system of records to the
OMB and to Congress.
SYSTEM NAME AND NUMBER:
DOT/MARAD 035; USMMA Student Religious Accommodations Files
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained by the United States Merchant Marine Academy
(USMMA), 300 Steamboat Road, Kings Point, NY 11024, and other MARAD or
Department of Transportation installations or offices.
SYSTEM MANAGER(S):
Commandant of Midshipmen, 300 Steamboat Road, Kings Point, New York
11024, <a href="/cdn-cgi/l/email-protection#4605292b2b2728222728322920202f25230633352b2b2768232233"><span class="__cf_email__" data-cfemail="40032f2d2d212e24212e342f26262923250035332d2d216e252435">[email protected]</span></a>, (516) 726-5664.
[[Page 73411]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
<bullet> Executive Order 13160 of June 23, 2000--Nondiscrimination
on the Basis of Race, Sex, Color, National Origin, Disability,
Religion, Age, Sexual Orientation, and Status as a Parent in Federally
Conducted Education and Training Programs.
<bullet> The Religious Freedom Restoration Act of 1993, Public Law
103-141.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to collect information from USMMA
students and accepted applicants seeking religious accommodations in
order to approve or deny requests for religious accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are USMMA students or accepted applicants who have
requested religious accommodation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include names of individuals seeking accommodation, the
nature of the request for accommodation, how complying with the
relevant requirement would burden religious exercise, how long the
belief asserted to be contrary to a MARAD or USMMA requirement has been
held, and any other information necessary or helpful for USMMA to
evaluate the request for accommodation. Personally identifiable
information (PII) elements: Name, birth date, student photographic
identification, residential address, phone number, email, USMMA campus
address, other information submitted by requestors that they believe
may be helpful in making a determination.
RECORD SOURCE CATEGORIES:
USMMA students and accepted applicants seeking religious
accommodations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
System Specific Routine Uses
1. To all authorized recipients, such as a parent, medical
facility, service provider, school, or branch of military to which the
student is transferring, consistent with disclosures permitted or
required by the Family Education Rights and Privacy Act (FERPA), or
required by another Federal statute.
General Routine Uses
The following routine uses may be subject to restrictions on
disclosure by another law, including but not limited to FERPA:
1. To Federal, State, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing, or retention of an employee or contractor, or the
issuance of a security clearance, license, certification, contract,
grant, or other benefit, when the disclosure is compatible with the
purpose for which the records were compiled.
2. In the event that a system of records maintained by MARAD/USMMA
to carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program pursuant thereto, the
relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order.
3. Routine Use for Disclosure for Use in Litigation.
(a) It will be a routine use of the records in this system of
records to disclose them to the Department of Justice or other Federal
agency conducting litigation when--(i) MARAD or USMMA, or (ii) Any
employee of MARAD/USMMA, in their official capacity, or (iii) Any
employee of MARAD/USMMA, in their individual capacity where the
Department of Justice has agreed to represent the employee, or (iv) The
United States or any agency thereof, where MARAD determines that
litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by MARAD to be relevant and necessary in the
litigation.
(b) Routine Use for Agency Disclosure in Other Proceedings. It will
be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which MARAD/USMMA, appears, when--(a) MARAD/USMMA, or (b) Any
employee of MARAD/USMMA in their official capacity, or (c) Any employee
of MARAD/USMMA in their individual capacity where MARAD has agreed to
represent the employee, or (d) The United States or any agency thereof,
where MARAD determines that the proceeding is likely to affect the
United States, is a party to the proceeding or has an interest in such
proceeding, and MARAD determines that use of such records is relevant
and necessary in the proceeding.
4. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials which are being used, or are expected to
be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(9).
5. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration (NARA) in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
6. DOT may disclose records from the system, as a routine use to
appropriate agencies, entities, and persons when (1) DOT suspects or
has confirmed that there has been a breach of the system of records,
(2) DOT has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, DOT (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with DOT's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
7. DOT may disclose records from the system, as a routine use to
another Federal agency or Federal entity, when DOT determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
8. MARAD may disclose records from this system, as a routine use,
to the Office of Government Information Services for the purpose of (i)
resolving disputes between FOIA requesters and federal agencies and
(ii) reviewing agencies' policies, procedures, and compliance in order
to recommend policy changes to Congress and the President.
[[Page 73412]]
9. MARAD may disclose records from the system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for MARAD, when necessary to accomplish an agency
function related to this system of records.
10. MARAD may disclose records from this system, as a routine use,
to an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act and FERPA.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored in paper/hard copy at a federally
controlled installation. Department of Transportation (DOT) Operating
Administrations safeguard records in all system of records according to
applicable rules, policies, and procedures, including all applicable
DOT automated systems security and access policies. DOT policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. DOT routinely employs safeguards such as the following to
information systems and paper recordkeeping systems: Multifactor log-in
authentication and password; physical and technological access controls
governing access to data; network encryption to protect data
transmitted over the network; disk encryption securing disks storing
data; key management services to safeguard encryption keys; masking of
sensitive data as practicable; mandatory information assurance and
privacy training for individuals who will have access; identification,
marking, and safeguarding of PII; physical access safeguards and
detection.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records on individuals will be retrieved by name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be held in accordance with Records Control Schedule,
RG-0357 Maritime Administration, Comprehensive Schedule, Sections 855
and 864. Individual files created, received, and maintained for the
purpose of providing reasonable accommodations that have been requested
for or by a USMMA student or accepted applicant, including the
following: Requests, approvals, and denials, notice of procedures for
informal dispute resolution or appeal processes, forms, correspondence,
records of oral conversations, policy guidance documents, supporting
notes and documentation. Accordingly, the records will be destroyed 60
years after the information provider's departure or graduation from the
USMMA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT/MARAD/USMMA
security and access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to records in this system is limited to those individuals who
have a need to know the information for the performance of their
official duties and who have appropriate clearances or permissions.
RECORD ACCESS PROCEDURES:
When seeking records about yourself from this system of records or
any other MARAD/USMMA system of records, your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. Individual USMMA
accepted applicants or students seeking notification of and access to
any record contained in this system of records, or seeking to contest
its content, may submit a request, in accordance with FERPA, in writing
to the System Manager at the address identified in ``System Manager and
Address'' above. Individuals may also search the public docket at
<a href="http://www.regulations.gov">www.regulations.gov</a> by their name.
You may also request information under the FOIA. While no specific
form is required, you should provide to MARAD's FOIA Officer (contact
information available on MARAD's website) the following information:
<bullet> An explanation of why you believe the MARAD/USMMA would
have information about you;
<bullet> Identify which component(s) of MARAD/USMMA you believe may
have the information about you;
<bullet> Specify when you believe the records would have been
created;
<bullet> Provide any other information that will help the FOIA
staff determine which MARAD/USMMA component may have responsive
records; and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying their agreement for you to access their records. Without
this bulleted information the component(s) may not be able to conduct
an effective search, and your request may be denied due to lack of
specificity or lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures.
NOTIFICATION PROCEDURES:
See Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
* * * * *
By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2021-28077 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-81-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.