[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Proposed Rules]
[Page 2002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-828]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 10
[Docket No. OST-1996-1437]
RIN 2105-AD23
Privacy Act of 1974; Proposed Implementation
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: DOT proposes to add a system of records to the list of DOT
Privacy Act Systems of Records that are exempt from one or more
provisions of the Privacy Act. Public comment is invited.
DATES: Comments are due March 17, 2003.
ADDRESSES: Comments should be addressed to Documentary Services
Division, Attention: Docket Section, Room PL401, Docket No. OST-1996-
1437, Department of Transportation, SVC-124, 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 a.m. to 5 p.m. ET
Monday through Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Yvonne Coates, Office of the Chief
Information Officer, Department of Transportation, Washington, DC (202)
366-6964.
SUPPLEMENTARY INFORMATION: Additional exempt system. It is DOT practice
to identify a Privacy Act system of records that is exempt from one or
more provisions of the Privacy Act (pursuant to 5 U.S.C. 552a(k)) both
in the system notice published in the Federal Register for public
comment and in an Appendix to DOT's regulations implementing the
Privacy Act (49 CFR Part 10, Appendix). This amendment proposes
exemption from portions of the Privacy Act of a proposed Transportation
Security Administration (TSA) system, whose establishment is currently
the subject of public comment:
Aviation Security-Screening Records (ASSR) (DOT/TSA 010) would
enable the TSA to maintain a security-screening system for air
transportation. This system contains information regarding TSA's
conduct of risk assessments required by 49 U.S.C. 114 and 44903. The
system may be used, generally, to review, analyze, and assess threats
to transportation security and respond accordingly.
Due to the national security and law enforcement aspects of the
proposed system, DOT proposes to treat this system as it treats other
law enforcement systems, by exempting it from the following provisions
of the Privacy Act: (c)(3) (Accounting of Certain Disclosures); (d)
(Access to Records); (e)(1) (Relevancy and Necessity of Information);
(e)(4)(G), (H), and (I) (Agency Requirements), and (f) (Agency Rules),
(1) to the extent that ASSR contains information properly classified in
the interest of national security, in accordance with 5 U.S.C. 552a(k)
(1) and (2) to the extent that ASSR contains investigatory material
compiled for law enforcement purposes, in accordance with 5 U.S.C.
552a(k)(2).
Analysis of Regulatory Impacts
This proposal is not a ``significant regulatory action'' within the
meaning of Executive Order 12886. 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 would 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 proposal would 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 proposal contains a collection of information under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Application for
collection authority is pending.
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 aggregated, $100 million or more in any one year
the UMRA analysis is required. This proposal would not impose Federal
mandates on any State, local, or tribal governments or the private
sector.
List of Subjects in 49 CFR Part 10
Privacy.
In consideration of the foregoing, DOT proposes to amend part 10 of
Title 49, Code of Federal Regulations, as follows:
1. The authority citation for part 10 would continue to read as
follows:
Authority: Pub.L. 93-579; 49 U.S.C. 322.
2. Part II. A of the Appendix would be amended by adding new
paragraph 21.
3. Part II. G of the Appendix would be amended by adding new
paragraph 3.
The additions would read as follows:
Part II. Specific exemptions.
A. * * *
21. Aviation Security-Screening Records (ASSR), DOT/TSA 010.
* * * * *
G. * * *
3. Aviation Security-Screening Records (ASSR), DOT/TSA 010,
maintained by the Transportation Security Administration.
* * * * *
Issued in Washington, DC, on January 9, 2003.
Eugene K. Taylor, Jr.,
Acting Chief Information Officer.
[FR Doc. 03-828 Filed 1-14-03; 8:45 am]
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