[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Pages 48392-48396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15964]
Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 /
Notices
[[Page 48392]]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2007-28972]
RIN 1652-ZA14
Privacy Act of 1974: System of Records; Secure Flight Records
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice to establish system of records; request for comments.
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SUMMARY: The Transportation Security Administration (TSA) is
establishing one new system of records, DHS/TSA 019, under the Privacy
Act of 1974, known as ``Secure Flight Records,'' for a passenger
screening program known as Secure Flight. The Secure Flight program
implements a mandate of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA) (Pub. L. 108-458, 118 Stat. 3638, Dec.
17, 2004) and is consistent with TSA's authority under the Aviation and
Transportation Security Act (ATSA). Section 4012(a)(1) of the IRTPA
requires TSA to assume from air carriers the comparison of passenger
information for domestic flights to the consolidated and integrated
terrorist watch list maintained by the Federal Government. Further,
section 4012(a)(2) of IRTPA similarly requires the DHS to compare
passenger information for international flights to and from the United
States against the consolidated and integrated terrorist watch list
before departure of such flights.
DATES: Comments are due September 24, 2007.
ADDRESSES: You may submit comments, identified by the TSA docket
number, to this rulemaking using any one of the following methods:
Comments Filed Electronically: You may submit comments through the
docket Web site at http://dms.dot.gov. You also may submit comments
through the Federal eRulemaking portal at http://www.regulations.gov.
Comments Submitted by Mail, Fax, or In Person: Address or deliver
your written, signed comments to the Docket Management System at U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590; Fax: 202-493-2251. See SUPPLEMENTARY INFORMATION for format and
other information about comment submissions.
FOR FURTHER INFORMATION CONTACT: Peter Pietra, Director, Privacy Policy
and Compliance, TSA-36, Transportation Security Administration, 601
South 12th Street, Arlington, VA 22202-4220; e-mail:
[email protected]; Hugo Teufel III, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528; e-
mail: [email protected].
SUPPLEMENTARY INFORMATION: TSA invites interested persons to
participate by submitting written comments, data, or views relating to
this notice and the routine uses established for the Secure Flight
Records system. See ADDRESSES above for information on where to submit
comments.
With each comment, please include your name and address, identify
the docket number at the beginning of your comments, and give the
reason for each comment. The most helpful comments reference a specific
portion of the notice, explain the reason for any recommended change,
and include supporting data if necessary and available. You may submit
comments and material electronically, in-person, by mail, or fax as
provided under ADDRESSES, but please submit your comments and material
by only one means. If you submit comments by mail or delivery, submit
them in two copies, in an unbound format, no larger than 8.5 by 11
inches, suitable for copying and electronic filing.
If you want TSA to acknowledge receipt of comments submitted by
mail, include with your comments a self-addressed, stamped postcard on
which the docket number appears. We will stamp the date on the postcard
and mail it to you.
TSA will file in the public docket all comments received by TSA,
except for comments containing confidential information and Sensitive
Security Information.\1\ TSA will consider all comments received on or
before the closing date for comments and will consider comments filed
late to the extent practicable. The docket is available for public
inspection before and after the comment closing date.
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\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and SSI Submitted
in Public Comments
Do not submit comments that include trade secrets, confidential
commercial or financial information, or SSI to the public regulatory
docket. Please submit such comments separately from other comments on
the notice. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail to the address specified in the FOR FURTHER INFORMATION CONTACT
section.
Upon receipt of comments with SSI, TSA will not place the comments
in the public docket and will handle them in accordance with applicable
safeguards and restrictions on access. TSA will hold them in a separate
file to which the public does not have access, and place a note in the
public docket that TSA has received such materials from the commenter.
If TSA receives a request to examine or copy this information, TSA will
treat it as any other request under the Freedom of Information Act
(FOIA) (5 U.S.C. 552) and the Department of Homeland Security's (DHS)
FOIA regulation found in 6 CFR part 5.
Reviewing Comments in the Docket
Please be aware that anyone is able to search the electronic form
of all comments received into 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, or advocacy group,
etc.). You may review the applicable Privacy Act Statement published in
the Federal Register on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
You may review the comments in the public docket in person by
visiting the Dockets Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Dockets Office is located in the
West Building Ground Floor, Room W12-140 at the Department of
Transportation address, previously provided under ADDRESSES. Also, you
may review public dockets on the Internet at http://dms.dot.gov.
Availability of Notice
You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search);
(2) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA's Security Regulations web page at http://www.tsa.gov and accessing the link for ``Research Center'' at the top
of the page.
In addition, copies are available by writing or emailing the TSA
Privacy Office in the FOR FURTHER INFORMATION
[[Page 48393]]
CONTACT section. Make sure to identify the docket number of this
document.
Background
The Privacy Act of 1974 embodies fair information principles in a
statutory framework governing the means by which Federal agencies
collect, maintain, use, and disseminate personally identifiable
information contained in a system of records. The Privacy Act requires
each agency to publish in the Federal Register a description denoting
the type and character of each system of records that the agency
maintains, and the routine uses of the information contained in each
system in order to make agency record-keeping practices transparent, to
notify individuals regarding the uses to which individually
identifiable information is put, and to assist the individual to more
easily find such files within the agency. This Federal Register notice
establishes a new system of records known as ``Secure Flight Records''
(DHS/TSA 019) in support of the Secure Flight program.
The Secure Flight program is based on a mandate from Congress under
sections 4012(a)(1) and (2) of IRTPA that TSA and DHS assume from
aircraft operators the comparison of passenger information to the
consolidated and integrated terrorist watch list maintained by the
Federal Government. In order to carry out this mandate, TSA intends to
begin implementation of the Secure Flight program. Also in today's
Federal Register, TSA is publishing a Notice of Proposed Rulemaking
(NPRM) that would require certain U.S. aircraft operators and foreign
air carriers to provide passenger information to TSA for the purpose of
passenger watch list matching against the No Fly and Selectee list
components of the consolidated and integrated terrorist watch list
known as the Terrorist Screening Database (TSDB) maintained by the
Terrorist Screening Center (TSC).\2\ Further, as recommended by the 9/
11 Commission, TSA may access the ``larger set of watch lists
maintained by the Federal Government.'' \3\ Therefore, where warranted
by security considerations, TSA may use the full TSDB or other
government databases, such as intelligence or law enforcement databases
(referred to as ``watch list matching''). For example, TSA may obtain
intelligence that flights flying a particular route may be subject to
an increased security risk. Under this circumstance, TSA may decide to
compare passenger information on some or all of the flights flying that
route against the full TSDB or other government database.
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\2\ The TSC was established by the Attorney General in
coordination with the Secretary of State, the Secretary of Homeland
Security, the Director of the Central Intelligence Agency, the
Secretary of the Treasury, and the Secretary of Defense. The
Attorney General, acting through the Director of the Federal Bureau
of Investigation (FBI), established the TSC in support of Homeland
Security Presidential Directive 6 (HSPD-6), dated September 16,
2003, which required the Attorney General to establish an
organization to consolidate the Federal Government's approach to
terrorism screening and provide for the appropriate and lawful use
of terrorist information in screening processes. The TSC maintains
the Federal Government's consolidated and integrated terrorist watch
list, known as the TSDB.
\3\ National Commission on Terrorist Attacks Upon the United
States, page 393.
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Although not required, aircraft operators may voluntarily choose to
begin operational testing with TSA prior to publication of a final
rule. In the event an aircraft operator begins early operational
testing with TSA, the records created as part of that testing will be
included in this system of records. During early operational testing,
covered aircraft operators may provide watch list matching results
conducted by the covered aircraft operators for both domestic and
international flights and the passenger data elements outlined in the
Secure Flight NPRM.
DHS/TSA 019 will cover certain records TSA creates or receives in
the course of operational testing and implementation of the Secure
Flight program. Using commercial airline passenger information
collected from aircraft operators and foreign air carriers under Secure
Flight, TSA, in coordination with the TSC, will compare commercial
airline passenger information described below to information about
individuals on the No Fly and Selectee list components of the TSDB. In
addition, in this watch list matching process, TSA will refer to
information generated as a result of the redress process, including
information about confirmed, misidentified persons who may previously
have been mistaken for individuals on one of the watch lists. Owners or
operators of leased or charter aircraft over 12,500 pounds may be
permitted to request that TSA screen their passengers, aircraft
operators, and lessor(s) through Secure Flight.
Additionally, TSA will apply this screening process to non-
traveling individuals who an aircraft or airport operator seeks to
authorize to enter an airport sterile area \4\ past a security
checkpoint for another purpose approved by TSA, such as to escort a
minor or a passenger with disabilities.
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\4\ ``Sterile area'' is defined in 49 CFR 1540.5 and generally
means an area of an airport with access limited to persons who have
undergone security screening by TSA.
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Information that is maintained in this System of Records may be
shared under certain circumstances to confirm watch list matching
determinations. This ordinarily will occur when, in an effort to
validate a potential match, the Secure Flight program may exchange
information with another Federal, state, or local governmental entity,
such as Federal, state, or local law enforcement, involved in an
operational or informational process associated with watch list
matching. Likewise, information may be shared with other Federal
agencies where those agencies have information that can be used to
distinguish the identity of the individual from that of another
individual included on a watch list.
Additionally, certain information may be shared with non-
governmental entities where necessary for the sole purpose of
effectuating a watch list match determination and the issuance of a
boarding pass or gate pass printing instruction to aircraft and/or
airport operators.
Other types of information sharing that may result from the routine
uses discussed below in this notice include: (1) Disclosure to
contractors, grantees, or other individuals who are not DHS employees
but have an agency relationship with DHS to accomplish DHS
responsibilities; (2) sharing with other Federal, state, local, tribal,
foreign or international government agencies and organizations for
national security, law enforcement, immigration, or intelligence
purposes in response to potential or actual threats to transportation
or national security and as necessary to facilitate an operational
response to such threats; (3) sharing with Federal, state, local,
tribal, foreign or international government agencies and organizations
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order regarding a violation or
potential violation of civil or criminal law or regulation; (4) sharing
with the National Archives and Records Administration for proper
handling of government records; (5) sharing with the U.S. Department of
Justice or other Federal agency for purposes of conducting litigation
or administrative proceedings in which the Federal government or its
employees are a party or have an interest; (6) sharing with appropriate
agencies, entities and persons to protect an individual who is the
subject of the record from the harm of identity theft in the case of a
data breach affecting this system; and (7) sharing with other
governmental
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agencies or multilateral governmental organizations, such as the World
Health Organization, to help those agencies prevent exposure to a
communicable or quarantinable disease or other significant health
threat, such as transmissible tuberculosis, during aviation travel and
prevent further transmission of such diseases as these diseases may
pose a threat to transportation and national security if not addressed
in a rapid manner. Sharing this information pursuant to this health
routine use will assist those agencies in preventing passengers'
exposure to communicable diseases during aviation travel and it will
help those agencies rapidly notify individuals who may have been
exposed to such diseases. This health routine use may reduce or
eliminate potential duplicative reporting of passenger information to
U.S. authorities for this purpose, thereby reducing the number of times
this information must be transmitted to proper authorities.
In the course of carrying out the Secure Flight program, TSA will
review information from Federal Bureau of Investigation (FBI) systems
of records and from systems of records of other law enforcement and
intelligence agencies if necessary to resolve an apparent match to the
consolidated and integrated terrorist watch list. These may include
classified and unclassified governmental terrorist, law enforcement,
and intelligence databases, including databases maintained by the
Department of Homeland Security, Department of Defense, National
Counterterrorism Center, and FBI. Records from these systems are exempt
from certain provisions of the Privacy Act because they contain law
enforcement investigative information and intelligence information. To
the extent records in the Secure Flight Records system are provided by
or obtained from such other exempt systems of records, TSA would rely
on the Privacy Act exemptions claimed
for those systems. Such records or information may be exempt because
they include law enforcement or national security investigation
records, intelligence-related records, law enforcement encounter
records, or terrorist screening records. These could come from various
DHS systems, such as the Treasury Enforcement Communications System
(TECS) or from other agency systems. After conferring with the
appropriate component or agency, TSA may waive applicable exemptions in
appropriate circumstances and where it would not interfere with or
adversely affect the law enforcement or national security purposes of
the systems from which the information is recompiled or in which it is
contained.
System of Records DHS/TSA 019
SYSTEM NAME:
Secure Flight Records
SECURITY CLASSIFICATION:
Unclassified; Sensitive Security Information
SYSTEM LOCATION:
Records are maintained at the Transportation Security
Administration, 601 South 12th Street, Arlington, VA, and at other
secure TSA facilities in Annapolis Junction, Maryland and Colorado
Springs, Colorado. Records also may be maintained at the secured
facilities of contractors or other parties that perform functions under
the Secure Flight program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(a) Individuals who attempt to make reservations for travel on,
have traveled on, or have reservations to travel on, a flight operated
by a U.S. aircraft operator or a flight into, out of, or overflying the
United States that is operated by a foreign air carrier;
(b) Non-traveling individuals who seek to obtain authorization from
an aircraft or airport operator to enter the sterile area of an
airport;
(c) For flights that TSA grants a request by the operators of
leased or charter aircraft over 12,500 pounds to screen the individuals
using Secure Flight, the following individuals: (1) Individuals who
seek to charter or lease an aircraft over 12,500 pounds or who are
proposed to be transported on or operate such charter aircraft; and (2)
owners and/or operators of such chartered or leased aircraft;
(d) Known or suspected terrorists identified in the TSDB maintained
by the TSC; and individuals identified on classified and unclassified
governmental databases such as law enforcement, immigration, or
intelligence databases; and
(e) Individuals who have been distinguished from individuals on a
watch list through a redress process, or other means.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Records containing passenger and flight information (e.g., full
name, date of birth, gender, redress number, known traveler number,
passport information, and itinerary), information about non-traveling
individuals seeking access to an airport sterile area in order to
escort a minor passenger or for another purpose approved by TSA, and
information about passengers on or individuals seeking to charter or
lease an aircraft over 12,500 pounds if TSA grants the aircraft owner
or operator requests to use Secure Flight.
(b) Records containing information from an individual's form of
identification or a physical description of the individual;
(c) Records obtained from the TSC of known or suspected terrorists
in the TSDB and records individuals identified on classified and
unclassified governmental watch lists;
(d) Records containing the results of comparisons of individuals to
the TSDB and watch list matching analyses;
(e) Records related to communications between or among TSA and
aircraft operators, airport operators, owners and/or operators of
leased or charter aircraft over 12,500 pounds, TSC, law enforcement
agencies, intelligence agencies, and agencies responsible for airspace
safety or security, regarding the screening status of passengers or
non-traveling individuals and any operational responses to individuals
identified in the TSDB;
(f) Records of the redress process that include information on
known misidentified persons, including any Redress Number assigned to
those individuals; and
(g) Records that track the receipt, use, access, or transmission of
information as part of the Secure Flight program.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114, 40113, 44901, 44903, and 44909.
PURPOSE(S):
The Secure Flight Records system will be used to identify and
protect against potential and actual threats to transportation security
and support the Federal Government's counterterrorism efforts by
assisting in the identification of individuals who warrant further
scrutiny prior to boarding an aircraft or seek to enter a sterile area
or who warrant denial of boarding or denial of entry to a sterile area
on security grounds.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
(1) To the TSC in order to: (a) Determine whether an individual is
a positive identity match to an individual identified as a known or
suspected terrorist in the watch list; (b) allow redress of passenger
complaints; (c) facilitate an operational response, if one is deemed
appropriate, for individuals
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who are a positive identity match to an individual identified as a
known or suspected terrorist in the watch list; (d) provide information
and analysis about terrorist encounters and known or suspected
terrorist associates to appropriate domestic and foreign government
agencies and officials for counterterrorism purposes; and (e) perform
technical implementation functions necessary for the Secure Flight
program.
(2) To contractors, grantees, experts, consultants, or other like
persons when necessary to perform a function or service related to the
operation, modification, or testing of the Secure Flight program in
compliance with the Privacy Act of 1974 as amended.
(3) To aircraft operators, foreign air carriers, airport operators,
and the Department of Transportation to communicate passenger watch
list matching status and facilitate an operational response, where
appropriate, to individuals who pose or are suspected of posing a risk
to transportation or national security.
(4) To owners or operators of leased or charter aircraft to
communicate passenger screening status and facilitate an operational
response, where appropriate, to an individual identified in the watch
list.
(5) To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency regarding or to identify individuals
who pose or are under reasonable suspicion of posing a risk to
transportation or national security.
(6) To the Department of Justice or other Federal agency for
purposes of conducting litigation or administrative proceedings, when:
(a) DHS, or (b) any employee of DHS in his/her official capacity, or
(c) any employee of DHS in his/her individual capacity where the
Department of Justice (DOJ) or DHS has agreed to represent the
employee, or (d) the United States or any agency thereof is a party to
the litigation or proceeding or has an interest in such litigation or
proceeding.
(7) To the National Archives and Records Administration (NARA) or
other Federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
(8) To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual.
(9) To the General Accountability Office, DHS Office of Inspector
General or other agency, organization, or individual for the purposes
of performing authorized audit or oversight operations but only such
information as is necessary and relevant to such audit and oversight
functions.
(10) To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order regarding a violation or potential violation of civil or criminal
law or regulation when such disclosure is proper and consistent with
the performance of the official duties of the person making the
disclosure.
(11) To international and foreign governmental authorities in
accordance with law and formal or informal international agreements
when such disclosure is proper and consistent with the performance of
the official duties of the person making the disclosure.
(12) To appropriate agencies, entities, and persons when (a) TSA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) TSA has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by TSA or another agency
or entity) that rely upon the compromised information; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with TSA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
(13) To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations,
including the World Health Organization, for purposes of assisting such
agencies or organizations in preventing exposure to or transmission of
communicable or quarantinable disease or for combating other
significant public health threats; appropriate notice will be provided
of any identified health threat or risk.[0]
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to routine use twelve (12), TSA may disclose information
to a consumer reporting agency in relation to a breach or compromise of
information. TSA may need to share information with a credit reporting
agency in order to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy any resulting harm, such as identity
theft. Such sharing would be limited to the purposes outlined in
routine use (12).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
Records are maintained at the Transportation Security
Administration, 601 South 12th Street, Arlington, VA, and at other
secure TSA facilities in Annapolis Junction, Maryland and Colorado
Springs, Colorado. Records also may be maintained at the secured
facilities of contractors or other parties that perform functions under
the Secure Flight program. The records are stored on magnetic disc,
tape, digital media, and CD-ROM, and may also be retained in hard copy
format in secure file folders or safes.
Retrievability:
Data are retrievable by the individual's name or other identifier,
as well as non-identifying information such as itinerary.
Safeguards:
All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. The
system is also protected through a multi-layer security approach. The
protective strategies are physical, technical, administrative and
environmental in nature and provide role-based access control to
sensitive data, physical access control to DHS facilities,
confidentiality of communications, including encryption, authentication
of sending parties, compartmentalizing databases; auditing software and
personnel screening to ensure that all personnel with access to data
are screened through background investigations commensurate with the
level of access required to perform their duties.
Information in this system is safeguarded in accordance with
applicable rules and policies, including any applicable TSA and DHS
automated systems security and access policies. The system will be in
compliance with Office of Management and Budget (OMB) and National
Institute of Standards and Technology (NIST) guidance. Access to the
computer system containing the records in this system of records is
limited to those individuals who require it to perform their official
duties. The computer system also maintains a real-time audit of
individuals who access the system.
Retention and Disposal:
Records in this system will be retained in accordance with a
schedule to be submitted for approval by NARA and other government-wide
records schedules, as applicable. TSA is seeking
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to have records relating to individuals cleared through the automated
matching process destroyed within 7 days after completion of the last
leg of their directional travel itinerary. The Secure Flight program
seeks to retain records reflecting watch list matching analysis and
results for individuals who initially appear to be a match for 7 years
after the completion of the individual's directional travel itinerary.
Records associated with an individual who is determined to be a
confirmed match will, consistent with established TSA practice, be
retained for 99 years after the date of match confirmation. This
retention period is consistent with TSC's NARA-approved record
retention schedule for TSDB records.
Records reflecting watch list matching analysis (i.e., match or
non-match) for any individual who is confirmed to be a match may also
be retained in DHS/TSA 011, Transportation Security Intelligence
Service Operations Files (69 FR 71835, Dec. 10, 2004).
Records associated with known misidentified persons, as well as the
watch list and other government databases will be retained in
accordance with the retention periods for the originating systems.
SYSTEM MANAGER(S) AND ADDRESS:
Donald Hubicki, Director, Secure Flight Program Operations,
Transportation Security Administration (TSA), TSA-19, 601 South 12th
Street, Arlington, VA, 22202.
NOTIFICATION PROCEDURE:
To determine whether this system contains records relating to you,
write to the FOIA and Privacy Act Office, Transportation Security
Administration (TSA), TSA-20, 601 South 12th Street, Arlington, VA
22202.
RECORDS ACCESS PROCEDURES:
Requests for records access must be in writing and should be
addressed to FOIA and Privacy Act Office, Transportation Security
Administration (TSA), TSA-20, 601 South 12th Street, Arlington, VA,
22202. Requests should conform to the requirements of 6 CFR part 5,
Subpart B, which provides the rules for requesting access to Privacy
Act records maintained by DHS. The envelope and letter should be
clearly marked ``Privacy Act Access Request.'' The request should
include a general description of the records sought and must include
the requester's full name, current address, and date and place of
birth. The request must be signed and either notarized or submitted
under penalty of perjury. Some information may be exempt from access
provisions. An individual who is the subject of a record in this system
may access those records that are not exempt from disclosure. A
determination whether a record may be accessed will be made at the time
a request is received.
If individuals are uncertain what agency handles the information,
they may seek redress through the DHS Traveler Redress Program
(``TRIP'') (See 72 FR 2294, dated January 18, 2007). Individuals who
believe they have been improperly denied entry, refused boarding for
transportation, or identified for additional screening by CBP may
submit a redress request through the TRIP. TRIP is a single point of
contact for individuals who have inquiries or seek resolution regarding
difficulties they experienced during their travel screening at
transportation hubs--like airports and train stations or crossing U.S.
borders. Through TRIP, a traveler can correct erroneous data stored in
Secure Flight and other data stored in other DHS databases through one
application. Additionally, for further information on the Secure Flight
Program and the redress options please see the accompanying Privacy
Impact Assessment for Secure Flight published on the DHS Web site at
http://www.dhs.gov/privacy in this edition of the Federal Register and
at DHS.GOV. Redress requests should be sent to: DHS Traveler Redress
Inquiry Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA
22202-4220 or online at http://www.dhs.gov/trip.
CONTESTING RECORDS PROCEDURES:
Same as ``Notification Procedure'' and ``Record Access Procedure''
above.
RECORD SOURCE CATEGORIES:
Information contained in the system is obtained from U.S. aircraft
operators, foreign air carriers, the owners and operators of leased or
charter aircraft over 12,500 pounds who request TSA screening, the TSC,
TSA employees, airport operators, Federal, State, local, international
and other governmental law enforcement , intelligence, immigration, and
counterterrorism agencies, other Federal agencies responsible for
airspace safety or security, and the individuals to whom the records in
the system pertain.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption will be asserted with respect to identifying
information or flight information obtained from passengers and aircraft
owners or operators.
This system, however, may contain records or information recompiled
from or created from information contained in other systems of records
which are exempt from certain provisions of the Privacy Act. For these
records or information only, in accordance with 5 U.S.C. 552a(j)(2),
(k)(1), and (k)(2), TSA claims the following exemptions for these
records or information from subsections (c)(3) and (4); (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f);
and (g) of the Privacy Act of 1974, as amended, as necessary and
appropriate to protect such information. Certain portions or all of
these records may be exempt from disclosure pursuant to these
exemptions.
Issued in Arlington, Virginia on August 8, 2007.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E7-15964 Filed 8-22-07; 8:45 am]
BILLING CODE 9110-05-P