[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18860-18863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8317]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0017]
Privacy Act of 1974, Department of Homeland Security
Transportation Security Administration--013 Federal Flight Deck Officer
Record System
AGENCY: Privacy Office, DHS.
ACTION: Notice to alter an existing Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue an existing Department
of Homeland Security system of records notice titled, Transportation
Security Administration--013 Federal Flight Deck Officer Record System,
previously published on August 18, 2003. The Federal Flight Deck
Officer Record System contains records necessary for assessment,
acceptance, training, participation, and recertification of deputized
pilots of commercial air carriers who participate in the Flight Deck
Officer Program designed to defend aircraft flight decks against acts
of criminal violence or air piracy.
As a result of the biennial review of this system, modifications
are being made to the system of records' routine uses, record sources,
retention and disposal, notification procedures, and system manager and
address.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
(k)(2) and (k)(6) as reflected in the final rule published in the
Federal Register on June 25, 2004.
This updated system will continue to be included in the Department
of Homeland Security's inventory of record systems.
DATES: Submit comments on or before May 13, 2010. The system will be
effective May 13, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0017 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Peter Pietra, Privacy Officer, Transportation Security Administration,
TSA-36, 601 South 12th Street, Arlington, VA 20598-6036 or
[email protected]. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) Transportation Security
Administration (TSA) proposes to update and reissue a DHS/TSA system of
records notice titled, DHS/TSA-013 Federal Flight Deck Officer Record
System (FDORS), previously published on August 18, 2003 (68 FR 49496).
TSA's mission is to protect the nation's transportation systems to
ensure freedom of movement for people and commerce. To achieve this
mission, TSA is required to develop and adapt its security programs to
respond to evolving threats to transportation security. In accordance
with the biennial review of this system, the following modifications
are being made:
DHS/TSA is updating the system of records to incorporate
five Department of Homeland Security (DHS) standard routines uses. One
routine use will allow the release of information to appropriate
agencies, entities, and persons when DHS/TSA suspects or has confirmed
that the security or confidentiality of an information system of
records has been compromised. Another routine use permits the release
of information to the media when there exists a legitimate public
interest in disclosing information. Release under this routine use will
require the approval of the DHS Chief Privacy officer in consultation
with counsel. The third routine use allows the release of information
to a court, magistrate, administrative tribunal or opposing counsel or
parties where a federal agency is a party or has an interest in the
litigation or administrative proceeding. The fourth routine use allows
DHS/TSA to release information to a former employee when it is
necessary to consult with the former employee regarding a matter that
is within that person's former area of responsibility. The fifth
routine use allows DHS/TSA to release information to appropriate
entities where it would assist in the enforcement of civil or criminal
laws.
DHS/TSA is revising a routine use currently in by adding
indirect air carriers and other facility operators as potential
recipients of information from these systems when appropriate to
address a threat or potential threat to transportation security or
national security, or when required for administrative purposes related
to the effective and efficient administration of transportation
security laws.
DHS/TSA is also revising a current routine use by adding
indirect air carriers and other facility operators as potential
recipients of information about individuals who are their employees,
job applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
Finally, DHS/TSA has removed as a routine use the sharing
of information with the Attorney General of the United States
concerning violations of the Brady Handgun Violence Prevention Act as
it is duplicative.
The record source categories are being updated to reflect
the use of commercial and public record databases and Web sites to
obtain information regarding the identity of individuals who attempt to
gain access to the sterile areas of the airport and for whom identity
needs to be verified or individuals who are being vetted to qualify as
federal flight deck officers.
The retention and disposal section is updated to reflect
the records retention schedules approved by the National Archives and
Records Administration (NARA).
The notification section was changed to reflect that
inquiries regarding whether the applicable system contains records
about an individual should be directed to TSA's Freedom of Information
Act (FOIA) Office.
The system manager and address were revised to reflect the
current system manager.
[[Page 18861]]
FFDORS contains records necessary for assessment, acceptance,
training, participation, and recertification of deputized pilots of
commercial air carriers who participate in the Flight Deck Officer
Program designed to defend aircraft flight decks against acts of
criminal violence or air piracy.
As a result of the biennial review of this system, modifications
are being made to the system of records' routine uses, record sources,
retention and disposal, notification procedures, and system manager and
address.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
(k)(2) and (k)(6) as reflected in the final rule published on June 25,
2004, 69 FR 35536.
Consistent with the Privacy Act, information shared in the Federal
Flight Deck Officer Records System may be shared with other DHS
components, as well as appropriate federal, state, local, tribal,
foreign, or international government agencies. This sharing will only
take place after DHS determines that the receiving component or agency
has a need-to-know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
II. Privacy
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States government
collects, maintains, uses, and disseminates individual's 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 for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
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 that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the
Transportation Security Administration 013 Federal Flight Deck Officer
Record System system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records:
DHS/TSA 013
System name:
Transportation Security Administration 013 Federal Flight Deck
Officer Record System (FFDORS).
Security classification:
Classified, sensitive.
System location:
Federal Flight Deck Officer (FFDO) Program Records are maintained
at the offices of the Transportation Security Administration (TSA)
Headquarters in Reston, Virginia.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
1. All individuals who volunteer to participate in the FFDO
program,
2. FFDO program participants, i.e., those volunteers who are
accepted into the FFDO training program and deputized as FFDOs, and
3. former FFDO program participants.
Categories of records in the system:
This system includes all records required in connection with an
individual's voluntary participation in the program, including records
associated with FFDO application, selection, training, participation,
retention and requalification. FFDORS includes records about
individuals who applied but were not accepted into the program. Such
records may include, but are not limited to the following:
(a) Volunteer forms prepared by applicants for program
participation containing such information as work history, education,
military service, certificates of specialized training, awards and
honors;
(b) Copies of correspondence between the applicant and TSA, and
between TSA and other agencies, applicant places of employment, and
educational institutions, for the purposes of verifying information
provided to TSA by the applicant;
(c) The FD-258 Fingerprint card, investigative summaries, and
compilations of criminal history record checks, to include
administrative records and correspondence incidental to the background
investigation process, obtained from various law enforcement
authorities;
(d) Results of written cognitive and noncognitive assessments and
information regarding how the volunteer form was rated, prepared by TSA
employees or contract psychologists;
(e) Records regarding the TSA's final decision to accept or reject
volunteers for the FFDO program for suitability or medical reasons,
including records prepared by TSA employees, and responses to and
results of approved psychological assessments or similar tests
administered by TSA;
(f) Results of telephonic or in-person interviews with program
volunteers, including summary recommendations regarding the
individual's participation in the program, prepared by TSA employees;
(g) Records prepared by TSA employees related to the selection or
rejection of volunteer applicants (to include records generated as a
result of any administrative appeal of TSA's determination to reject an
applicant), and records related to recertification and decertification;
(h) Records prepared by TSA employees related to training,
including academic and firearms performance; and
(i) Records prepared by TSA employees related to requalification
and deputation renewal.
Authority for maintenance of the system:
49 U.S.C. 114, 44921.
Purpose(s):
The purpose of this system is to maintain records necessary for the
assessment and acceptance of volunteers, and the training,
participation and recertification of deputized volunteer pilots of air
carriers providing commercial air transportation as federal law
enforcement to defend the flight decks of aircraft of such air carriers
against acts of criminal violence or air piracy.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
A. To the Department of Justice (DOJ) (including United States
Attorney Offices) or other federal agency in
[[Page 18862]]
anticipation of, or conducting litigation, or in proceedings before any
court, adjudicative or administrative body, when it is necessary to the
litigation and one of the following is a party to the litigation or has
an interest in such litigation:
1. DHS or any component thereof;
2. Any current or former employee of DHS in his/her official
capacity;
3. Any current or former employee of DHS in his/her individual
capacity where DOJ or DHS has agreed to represent the employee, or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. 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 to whom the record pertains.
C. To the National Archives and Records Administration or other
federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department 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 DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant
cooperative agreement or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign agency, including law enforcement, or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
H. To the United States Department of Transportation, its operating
administrations, or the appropriate state or local agency when relevant
or necessary to:
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. The issuance, maintenance, or renewal of a license, certificate,
contract, grant, or other benefit.
I. To a Federal, State, local, tribal, territorial, foreign, or
international agency, in response to queries regarding persons who may
pose a risk to transportation or national security; a risk of air
piracy or terrorism or a threat to airline or passenger safety; or a
threat to aviation safety, civil aviation, or national security.
J. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency regarding individuals who pose or are
suspected of posing a risk to transportation or national security.
K. To a Federal, State, local, tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
L. To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
M. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
N. To third parties to the extent necessary to obtain information
pertinent to the individual's fitness and qualifications for the FFDO
program.
O. To airport operators, aircraft operators, and maritime and
surface transportation operators, indirect air carriers, and other
facility operators about individuals who are their employees, job
applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
P. To the DOJ in review, settlement, defense, and prosecution of
claims, complaints, and lawsuits involving matters over which DHS/TSA
exercises jurisdiction.
Q. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-relate or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
R. To a court, magistrate, or administrative tribunal where a
Federal agency is a party to the litigation or administrative
proceeding in the course of presenting evidence, including disclosures
to opposing counsel or witnesses in the course of civil discovery,
litigation or settlement negotiations or in connection with criminal
law proceedings.
S. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
order, license, or treaty, where DHS/TSA determines that the
information would assist in the enforcement of a civil or criminal
laws.
[[Page 18863]]
T. To the news media and the public, with the approval of the DHS
Chief Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy or a risk to transportation or national security.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system may be maintained on paper and in computer-
accessible storage media. Records may also be stored on microfiche and
roll microfilm. Records that are sensitive or classified are
safeguarded in accordance with agency procedures, and applicable
Executive Orders and statutes.
Retrievability:
Information can be retrieved by name, address, social security, and
account number or other assigned tracking identifier of the individual
on whom the records are maintained.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include restricting access to
authorized personnel who have a need-to-know; using locks, alarm
devices, and passwords; and encrypting data communications. TSA file
areas are locked after normal duty hours and security personnel protect
the facilities from the outside.
Retention and disposal:
Records associated with the assessment of FFDO's will be destroyed
one year after TSA is notified that access based on security threat
assessment is no longer valid; where an individual was a possible match
to a watchlist, records will be destroyed seven years after completion
of the security threat assessment or one year after being notified that
access based on the security threat assessment is no longer valid,
whichever is longer; and where the individual is an actual match to a
watchlist records will be destroyed 99 years after the security threat
assessment or seven years after TSA is notified the individual is
deceased, whichever is shorter.
System managers and address:
Transportation Security Administration, Office of Law Enforcement/
Federal Air Marshal Service. 1900 Oracle Way, Suite 500, Reston, VA
20190.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, TSA will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification and access to any
record contained in the system of records, or seeking to contest its
content, may submit a request in writing to the Headquarters or
component's FOIA Officer, whose contact information can be found at
https://www.dhs.gov/foia under ``contacts.'' TSA's FOIA Officer is
located at: Freedom of Information Act Office, TSA-20, 601 S. 12th
Street, 11th Floor, East Tower, Arlington, VA 20598-6020, 1-866-FOIA-
TSA or 571-227-2300, Fax: 571-227-1406, E-mail: [email protected]. If an
individual believes more than one component maintains Privacy Act
records concerning him or her the individual may submit the request to
the Chief Privacy Officer, Department of Homeland Security, 245 Murray
Drive, SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. 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. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her 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.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Information maintained in this system is primarily obtained from
the FFDO volunteer form or derived from information the applicant
supplied, reports from medical personnel on physical and psychological
results of examinations, training records, and law enforcement and
intelligence agency record systems, commercial and public databases and
Web sites and individuals interviewed as part of the background
investigation.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
(k)(2) and (k)(6) as reflected in the final rule published on June 25,
2004.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8317 Filed 4-12-10; 8:45 am]
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