Privacy Act of 1974: System of Records; Transportation Security Threat Assessment System (T-STAS) and Registered Traveler (RT) Operations Files, 67731-67736 [05-22124]
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Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
Telephone (301) 443–0243. (This is not
a toll-free number).
VIII. Other Information
Access to Quality Health Services
There are primary care objectives that
will be enhanced through this grant
program.
The Public Health Service (PHS) is
committed to achieving the health
promotion and disease prevention
objectives of Healthy People 2010, a
PHS-led activity for setting priority
areas. This program announcement is
related to the priority area of Education
and Community-Based Programs.
Potential applicants may obtain a copy
of Healthy People 2010, (Full Report;
Stock No. 017–001–00474–0) or Healthy
People 2010 (Summary Report; Stock
No. 017–001–00473–1) through the
Superintendent of Documents,
Government Printing Office,
Washington, DC 20402–9325
[Telephone (202) 783–3238].
Interested individuals are reminded
that the list of eligible health and allied
health professions is effective for
applicants for the 2006–2007 academic
year. These priorities will remain in
effect until superseded. Applicants for
health and allied health professions not
on the above priority list will be
considered pending the availability of
funds and dependent upon the
availability of qualified applicants in
the priority areas.
Dated: October 28, 2005.
Robert G. McSwain,
Deputy Director, Indian Health Service.
[FR Doc. 05–22166 Filed 11–7–05; 8:45 am]
BILLING CODE 4165–16–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket Nos. TSA–2004–19166 and TSA–
2004–17982]
Privacy Act of 1974: System of
Records; Transportation Security
Threat Assessment System (T-STAS)
and Registered Traveler (RT)
Operations Files
Transportation Security
Administration (TSA), DHS.
ACTION: Notice to alter two existing
systems of records; request for
comments.
AGENCY:
SUMMARY: TSA is altering two existing
systems of records under the Privacy
Act of 1974. The revisions affect the
Transportation Security Threat
Assessment System (T-STAS), DHS/
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TSA 002, and Registered Traveler (RT)
Operations Files, DHS/TSA 015, and
will update the ‘‘Categories of
individuals covered by the system’’
section for both systems, and the
‘‘Categories of records in the system’’
section for the T-STAS system.
DATES: Submit comments by December
8, 2005.
ADDRESSES: You may submit comments,
identified by the TSA docket numbers
to this rulemaking, using any one of the
following methods:
Comments Filed Electronically: You
may submit comments through the
docket Web site at https://dms.dot.gov.
You also may submit comments through
the Federal eRulemaking portal at
https://www.regulations.gov.
Comments Submitted by Mail, Fax, or
In Person: Address or deliver your
written, signed comments to the Docket
Management System, U.S. Department
of Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001; Fax: 202–493–2251.
See SUPPLEMENTARY INFORMATION for
format and other information about
comment submissions.
FOR FURTHER INFORMATION CONTACT: Lisa
S. Dean, Privacy Officer, Office of
Transportation Security Policy, TSA–9,
601 South 12th Street, Arlington, VA
22202–4220; telephone (571) 227–3947;
facsimile (571) 227–2555.
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to
participate by submitting written
comments, data, or views. 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
document, explain the reason for any
recommended change, and include
supporting data. 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 selfaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it to you.
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67731
TSA will file in the public docket all
comments received, except for
comments containing confidential
information and sensitive security
information (SSI) 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.
Handling of Confidential or Proprietary
Information and Sensitive Security
Information (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 rulemaking.
Comments containing this type of
information should be appropriately
marked as containing such information
and submitted by mail the address listed
in FOR FURTHER INFORMATION CONTACT
section.
TSA will not place such comments in
the public docket, but rather, will
handle these comments 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, 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 https://
dms.dot.gov.
You may review the comments in the
public docket by visiting the Dockets
Office between 9 a.m. and 5 p.m.,
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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Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
Monday through Friday, except Federal
holidays. The Dockets Office is located
on the plaza level of the Nassif Building
at the Department of Transportation
address, previously provided under
ADDRESSES. Also, you may review
public dockets on the Internet at
https://dms.dot.gov.
Availability of Document
You can get an electronic copy using
the Internet by—
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) Web page
(https://dms.dot.gov/search);
(2) Accessing the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA’s Law and Policy
Web page at https://www.tsa.gov and
accessing the link for ‘‘Law and Policy’’
at the top of the page.
In addition, copies are available by
writing or calling the individual in the
FOR FURTHER INFORMATION CONTACT
section. Make sure to identify the docket
number(s) of this document.
Background
TSA is altering two existing systems
of records under the Privacy Act of
1974. The first, the Transportation
Security Threat Assessment System (TSTAS) (DHS/TSA 002), facilitates the
performance of threat assessments and
employment investigations on
individuals who require special access
to the transportation system, and was
last amended in a notice published in
the Federal Register on December 10,
2004 (69 FR 71837).
The second, the Registered Traveler
(RT) Operations Files (DHS/TSA 015),
relates to a pilot project designed to
positively identify certain travelers who
volunteer to participate in the program.
The program may expedite the preboarding process and improve
allocation of TSA resources. Information
concerning the RT program was last
published in the Federal Register on
June 1, 2004 (69 FR 30948).
TSA is in the process of improving its
direct access to certain governmental
databases used in performing security
threat assessments in order to more
efficiently perform such assessments.
The improved access will result in the
individuals covered by these databases
being added to TSA record systems.
Accordingly, TSA is amending the
‘‘Categories of individuals covered by
the system’’ portions of T-STAS and RT
systems of records by adding, at the end
of the list of individuals, a new category
to include: ‘‘Known or suspected
terrorists identified in the Terrorist
Screening Database (TSDB) of the
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Terrorist Screening Center (TSC);
individuals identified by TSA who are
on the Selectee List because they pose
a viable threat to civil aviation or
national security; and individuals on
classified and unclassified
governmental terrorist, law
enforcement, immigration, or
intelligence databases, including
databases maintained by the Department
of Defense, National Counterterrorism
Center, or Federal Bureau of
Investigation.’’
TSA is also making further
amendments to the ‘‘Categories of
individuals covered by the system’’ and
to the ‘‘Categories of records in the
system’’ in the T-STAS system, which it
is not making to the RT system, by
expanding and clarifying various
sections as follows:
(1) Adding a new category (l) to the
categories of individuals, to expressly
include individuals seeking to become,
or qualified as, known shippers. These
individuals are currently covered by
category (g) ‘‘Other individuals who are
connected to the transportation industry
for whom TSA conducts security threat
assessments to ensure transportation
security,’’ but express identification in a
new category (l) will clarify that this
system covers these individuals.
(2) Adding the term ‘‘shipping
venues’’ to the introductory paragraph
of the categories of individuals, and
revising category (9) of ‘‘Routine uses of
records maintained in the system,
including categories of users and the
purposes of such uses’’ section to reflect
that TSA will disclose information to air
carriers and indirect air carriers
regarding individuals who contract for,
or seek access to, transportation
infrastructure or assets.
(3) Including in the introductory
paragraph of the categories of
individuals, individuals seeking, or
being provided access to, Sensitive
Security Information or Classified
information provided in connection
with transportation security matters.
(4) Modifying the first sentence of
‘‘Categories of individuals covered by
this system,’’ and category (a) of the
‘‘Purpose(s)’’ sections to clarify that the
system covers all types of evaluations
performed for security purposes.
(5) Revising categories (d) and (p), and
adding a new category (u) at the end of
the list of records in the ‘‘Categories of
records in the system,’’ as follows:
• Current category (d) covers various
forms of Government-issued licensing or
identification information. The category
is being revised to expressly reflect the
inclusion of citizenship and
immigration records, alien registration
numbers, and visa information. These
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items are currently listed in category (o)
and will be repeated in (d) to clarify that
such records are not limited to travel
documents, as they are listed in category
(o).
• Current category (p) covers criminal
history records obtained from the
Federal Bureau of Investigation (FBI).
This category is being revised to include
other criminal history records, such as
Department of Defense and some state
and local criminal history records.
While these records are described in
existing category of record (r) ‘‘Other
information provided by Federal, State,
and local government agencies or
private entities,’’ TSA has determined
that amending the category of records
will clarify that criminal history records
from several sources may be part of this
system.
• TSA is adding a new category (u) to
include suitability testing and results of
such testing. This expansion of the
category of records is intended to cover
any tests that transportation-related
employees or contractors may be
required to undergo.
The complete revised notice of the
systems of records follows.
System of Records
DHS/TSA 002
SYSTEM NAME:
Transportation Security Threat
Assessment System (T-STAS).
SECURITY CLASSIFICATION:
Classified, Sensitive.
SYSTEM LOCATION:
Records are maintained at the
Transportation Security Administration
(TSA) Headquarters, 601 South 12th
Street, Arlington, VA 22202. Some
records may also be maintained at the
offices of TSA contractors, or in TSA
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who undergo a security
threat assessment, employment
investigation, or other evaluation
performed for security purposes, in
order to obtain access to the following:
transportation infrastructure or assets,
such as terminals, facilities, pipelines,
railways, mass transit, vessels, aircraft,
or vehicles; restricted airspace;
passenger baggage; cargo; shipping
venues; Sensitive Security Information
or Classified information provided in
connection with transportation security
matters; or transportation-related
instruction or training (such as flight
training). This includes, but is not
limited to, the following individuals:
(a) Individuals who require or seek
access to airport secured, sterile, or a
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Security Identification Display Area
(SIDA); have or seek unescorted access
authority to these areas; have or seek
authority to grant others unescorted
access to these areas; have or seek
regular escorted access to these areas; or
are seeking identification that is
evidence of employment at the airport.
(b) Individuals who have or are
seeking responsibility for screening
passengers or carry-on baggage, and
those persons serving as immediate
supervisors and the next supervisory
level to those individuals, other than
employees of the TSA who perform or
seek to perform these functions.
(c) Individuals who have or are
seeking responsibility for screening
checked baggage or cargo, and their
immediate supervisors, and the next
supervisory level to those individuals,
other than employees of the TSA who
perform or seek to perform these
functions.
(d) Individuals who have or are
seeking the authority to accept checked
baggage for transport on behalf of an
aircraft operator that is required to
screen passengers.
(e) Pilots, copilots, flight engineers,
flight navigators, airline personnel
authorized to fly in the cockpit, relief or
deadheading crewmembers, cabin crew,
and other flight crew for an aircraft
operator or foreign air carrier that is
required to adopt and carry out a
security program.
(f) Flight crews and passengers who
request waivers of temporary flight
restrictions (TFRs) or other restrictions
pertaining to airspace.
(g) Other individuals who are
connected to the transportation industry
for whom TSA conducts security threat
assessments to ensure transportation
security.
(h) Individuals who have or are
seeking unescorted access to cargo in
the transportation system.
(i) Individuals who are owners,
officers, or directors of an indirect air
carrier or a business seeking to become
an indirect air carrier.
(j) Aliens or other individuals
designated by TSA who apply for flight
training or recurrent training.
(k) Individuals transported on allcargo aircraft, including aircraft operator
or foreign air carrier employees and
their family members and persons
transported for the flight.
(l) Individuals seeking to become, or
qualified as, known shippers.
(m) Known or suspected terrorists
identified in the Terrorist Screening
Database (TSDB) of the Terrorist
Screening Center (TSC); individuals
identified by TSA who are on the
Selectee List because they pose a viable
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threat to civil aviation or national
security; and individuals on classified
and unclassified governmental terrorist,
law enforcement, immigration, or
intelligence databases, including
databases maintained by the Department
of Defense, National Counterterrorism
Center, or Federal Bureau of
Investigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
TSA’s system may contain any, or all,
of the following information regarding
individuals covered by this system:
(a) Full name (including aliases or
variations of spelling).
(b) Gender.
(c) Current and historical contact
information (including, but not limited
to, address information, telephone
number, and e-mail).
(d) Government-issued licensing or
identification information (including,
but not limited to, social security
number; pilot certificate information,
including number and country of
issuance; current and past citizenship
information; immigration status; alien
registration numbers; visa information;
and other licensing information for
modes of transportation).
(e) Date and place of birth.
(f) Name and information, including
contact information and identifying
number (if any) of the airport, aircraft
operator, indirect air carrier, maritime
or land transportation operator, or other
employer or entity that is employing the
individual, or submitting the
individual’s information, or sponsoring
the individual’s background check/
threat assessment.
(g) Physical description, fingerprint
and/or other biometric identifier, and
photograph.
(h) Date, place, and type of flight
training or other instruction.
(i) Control number or other unique
identification number assigned to an
individual or credential.
(j) Information necessary to assist in
tracking submissions, payments, and
transmission of records.
(k) Results of any analysis performed
for security threat assessments and
adjudications.
(l) Other data as required by Form FD
258 (fingerprint card) or other standard
fingerprint cards used by the Federal
Government.
(m) Information provided by
individuals covered by this system in
support of their application for an
appeal or waiver.
(n) Flight information, including crew
status on board.
(o) Travel document information
(including, but not limited to, passport
information, including number and
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67733
country of issuance; and current and
past citizenship information and
immigration status, any alien
registration numbers, and any visa
information).
(p) Criminal history records.
(q) Data gathered from foreign
governments or entities that is necessary
to address security concerns in the
aviation, maritime, or land
transportation systems.
(r) Other information provided by
Federal, State, and local government
agencies or private entities.
(s) The individual’s level of access at
an airport.
(t) The individual’s military service
history.
(u) Suitability testing and results of
such testing.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114, 5103a, 40103(b)(3),
40113(a), 44903(b), 44936, 44939,
46105.
PURPOSE(S):
(a) Performance of security threat
assessments, employment
investigations, and evaluations
performed for security purposes that
Federal statutes and/or TSA regulations
authorize for the individuals identified
in ‘‘Categories of individuals covered by
the system,’’ above.
(b) To assist in the management and
tracking of the status of security threat
assessments, employment
investigations, and evaluations
performed for security purposes.
(c) To permit the retrieval of the
results of security threat assessments,
employment investigations, and
evaluations performed for security
purposes; including criminal history
records checks and searches in other
governmental, commercial, and private
data systems, performed on the
individuals covered by this system.
(d) To permit the retrieval of
information from other terrorist-related,
law enforcement and Intelligence
databases on the individuals covered by
this system.
(e) To track the fees incurred, and
payment of those fees, by the airport
operators, aircraft operators, maritime
and land transportation operators, flight
students, and others, where appropriate,
for services related to security threat
assessments, employment
investigations, and evaluations
performed for security purposes.
(f) To facilitate the performance of
security threat assessments and other
investigations that TSA may conduct to
ensure transportation security.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) To the United States Department
of Transportation, its operating
administrations, or the appropriate State
or local agency, when relevant or
necessary to—
(a) Ensure safety and security in any
mode of transportation;
(b) Enforce safety- and securityrelated regulations and requirements;
(c) Assess and distribute intelligence
or law enforcement information related
to transportation security;
(d) Assess and respond to threats to
transportation;
(e) Oversee the implementation and
ensure the adequacy of security
measures at airports and other
transportation facilities;
(f) Plan and coordinate any actions or
activities that may affect transportation
safety and security or the operations of
transportation operators; or
(g) The issuance, maintenance, or
renewal of a license, endorsement,
certificate, contract, grant, or other
benefit.
(2) 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, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) 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.
(4) To contractors, grantees, experts,
consultants, volunteers, or other like
persons, when necessary to perform a
function or service related to this system
of records for which they have been
engaged. Such recipients are required to
comply with the Privacy Act, 5 U.S.C.
552a, as amended.
(5) 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,
endorsement, contract, grant, waiver,
credential, or other benefit.
(6) To a Federal, State, local, tribal,
territorial, foreign, or international
agency, if necessary to obtain
information relevant to a TSA decision
concerning the hiring or retention of an
employee; the issuance of a security
clearance, license, endorsement,
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contract, grant, waiver, credential, or
other benefit.
(7) To international and foreign
governmental authorities, in accordance
with law and formal or informal
international agreement.
(8) To third parties during the course
of a security threat assessment,
employment investigation, or
adjudication of a waiver or appeal
request, to the extent necessary to obtain
information pertinent to the assessment,
investigation, or adjudication.
(9) To airport operators, indirect air
carriers, aircraft operators, flight school
operators, and maritime and land
transportation operators or contractors
about individuals; when relevant to the
individual’s employment, application,
contract, issuance of credentials or
clearances, acceptance for flight
training, or access to transportation
infrastructure or assets.
(10) To a Federal, State, local, tribal,
territorial, foreign, or international
agency so that TSA may obtain
information to conduct security threat
assessments or employment
investigations and to facilitate any
associated payment and accounting.
(11) To the Department of Justice
(DOJ) or other Federal agency in the
review, settlement, defense, and
prosecution of claims, complaints, and
lawsuits involving matters over which
TSA exercises jurisdiction; or when
conducting litigation, or in proceedings,
before any court, adjudicative or
administrative body, when: (a) TSA; or
(b) any employee of TSA in his/her
official capacity; or (c) any employee of
TSA in his/her individual capacity,
where DOJ or TSA has agreed to
represent the employee; or (d) the
United States or any agency thereof, is
a party to the litigation, or has an
interest in such litigation, and TSA
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
TSA collected the records.
(12) 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.
(13) To the National Archives and
Records Administration, or other
appropriate Federal agency, pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
In electronic storage media and hard
copy.
RETRIEVABILITY:
Information can be retrieved by name,
social security number, identifying
number of the submitting or sponsoring
entity, other case number assigned by
TSA or other entity/agency, biometric,
or a unique identification number, or
any other identifying particular assigned
or belonging to the individual.
SAFEGUARDS:
All records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include some or all of the
following: restricting access to those
authorized with a need-to-know; using
locks, alarm devices, and passwords;
compartmentalizing databases; auditing
software; and encrypting data
communications.
RETENTION AND DISPOSAL:
National Archives and Records
Administration approval is pending for
the records in this system.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Director for Compliance,
Transportation Threat Assessment &
Credentialing Office, TSA–19,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
22202–4220.
NOTIFICATION PROCEDURE:
To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURE:
Same as ‘‘Notification Procedure,’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
CONTESTING RECORD PROCEDURE:
Same as ‘‘Notification Procedure’’ and
‘‘Record Access Procedure,’’ above.
RECORD SOURCE CATEGORIES:
Information is collected from
individuals subject to a security threat
assessment, employment investigation,
or other security analysis; from aviation,
maritime, and land transportation
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operators, flight schools, or other
persons sponsoring the individual; and
any other persons, including
commercial entities that may have
information that is relevant or necessary
to the assessment or investigation.
Information about individuals is also
used or collected from domestic and
international intelligence sources and
other governmental, private, and public
databases. The sources of information in
the criminal history records obtained
from the Federal Bureau of Investigation
(FBI) are set forth in the Privacy Act
system of records notice ‘‘JUSTICE/FBI–
009.’’
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(6). In addition, to the extent a record
contains information from other exempt
systems of records, TSA will rely on the
exemptions claimed for those systems.
DHS/TSA 015
SYSTEM NAME:
Registered Traveler (RT) Operations
Files.
SECURITY CLASSIFICATION:
Classified, sensitive.
SYSTEM LOCATION:
Records will be maintained at TSA
Headquarters in Arlington, Virginia; at
other authorized TSA or DHS secure
facilities, as necessary; and at a digital
safe site managed by a Government
contractor.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(a) Individuals who voluntarily apply
to participate in the RT Pilot Program,
who agree to provide personal
information to TSA that may be used as
part of a security assessment, and who
may or may not meet the eligibility
criteria as determined by TSA;
(b) Authorized Federal law
enforcement officers (LEOs);
(c) Individuals who participate in the
Federal Flight Deck Officer (FFDO)
program; and
(d) Known or suspected terrorists
identified in the Terrorist Screening
Database (TSDB) of the Terrorist
Screening Center (TSC); individuals
identified by TSA who are on the
Selectee List because they pose a viable
threat to civil aviation or national
security; and individuals on classified
and unclassified governmental terrorist,
law enforcement, immigration, or
intelligence databases, including
databases maintained by the Department
of Defense, National Counterterrorism
Center, or Federal Bureau of
Investigation.
VerDate Aug<31>2005
16:11 Nov 07, 2005
Jkt 208001
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in the system includes
some, or all, of the following:
(a) Full name.
(b) Current home address.
(c) Current home phone number.
(d) Current cell phone number (if
applicable).
(e) Social security number.
(f) Date of birth.
(g) Place of birth.
(h) Nationality.
(i) Gender.
(j) Prior home addresses.
(k) Arrival date in United States (nonU.S. citizens only).
(l) Digital photo.
(m) Reference biometric (i.e.
fingerprint(s), iris scan, facial geometry,
hand geometry, handwriting/signature,
others).
(n) Unique identification record
number.
(o) Unique token or credential serial
number.
(p) Security assessments.
(q) Information pertaining to
adjudication results.
(r) RT eligibility status.
(s) Token or credential issue date.
(t) Token or credential expiration
date.
(u) Information and data provided by
Federal, State, and local government
agencies and foreign governments that is
necessary to conduct a security
assessment to determine if an individual
poses a potential threat to aviation
security.
(v) Authorized Federal LEOs may
have a Federal LEO code name and
unique administrative code number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114; Sec. 109(a)(3), Aviation
and Transportation Security Act
(ATSA), Pub. L. 107–71.
PURPOSE(S):
The system utilized during the RT
Pilot Program will facilitate the
development, testing, and
administration of the RT concept,
including conducting security
assessments on program applicants;
additional security assessments may or
may not be conducted on authorized
LEOs, FFDOs, and other authorized
government officials. The purpose of the
RT pilot program is to—
(1) Pre-screen and positively identify
volunteer travelers using advanced
identification technologies, including
biometrics, which may expedite the preboarding process for the traveler and
improve the allocation of TSA’s security
resources on individuals who may pose
a security threat;
(2) Prevent potential threats from
individuals who are impersonating
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Frm 00078
Fmt 4703
Sfmt 4703
67735
Federal LEOs and seek to board
commercial aircraft while armed;
(3) Assist in the management and
tracking of the status of security
assessments for applicants and those
deemed eligible for the Registered
Traveler Pilot Program;
(4) Permit the retrieval of the results
of security assessments, including
criminal history records checks and
searches in other governmental
identification systems, performed on the
individuals covered by this system;
(5) Permit the retrieval of information
from other law enforcement and
intelligence databases on individuals
covered by this system; and
(6) Identify potential threats to
transportation security, uphold and
enforce the law, and ensure public
safety.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) To the United States Department
of Transportation, its operating
administrations, or the appropriate State
or local agency, when relevant or
necessary to—
(a) Ensure safety and security in any
mode of transportation;
(b) Enforce safety and security related
regulations and requirements;
(c) Assess and distribute intelligence
or law enforcement information related
to transportation security;
(d) Assess and respond to threats to
transportation;
(e) Oversee the implementation and
ensure the adequacy of security
measures at airports and other
transportation facilities;
(f) Plan and coordinate any actions or
activities that may affect transportation
safety and security or the operations of
transportation operators; or
(g) The issuance, maintenance, or
renewal of a license, certificate,
contract, grant, or other benefit.
(2) 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, where TSA becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
(3) To contractors, grantees, experts,
consultants, or volunteers, when
necessary to perform a function or
service related to this system of records
for which they have been engaged. Such
recipients are required to comply with
the Privacy Act, 5 U.S.C. 552a, as
amended.
(4) To airports and aircraft operators,
to the extent necessary to identify
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67736
Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices
Registered Travelers and ensure the
proper ticketing, security screening, and
boarding of those passengers.
(5) 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.
(6) To the Department of State and
other Intelligence Community agencies,
to further the mission of those agencies
relating to 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; a threat to
aviation safety, civil aviation, or
national security.
(7) To international and foreign
governmental authorities, in accordance
with law and formal or informal
international agreement.
(8) To authorized law enforcement
and other Government agencies, as
necessary, to conduct the security
assessments and, if applicable, to
facilitate payment and accounting.
(9) To the Department of Justice (DOJ)
in review, settlement, defense, and
prosecution of claims, complaints, and
lawsuits involving matters over which
TSA exercises jurisdiction.
(10) To the DOJ or other Federal
agency conducting litigation or in
proceedings before any court,
adjudicative or administrative body,
when: (a) TSA, or (b) any employee of
TSA in his/her official capacity, or (c)
any employee of TSA in his/her
individual capacity where DOJ or TSA
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and TSA
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
TSA collected the records.
(11) 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.
(12) To the General Services
Administration and the National
Archives and Records Administration in
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(13) To the Attorney General of the
United States or his/her official
designee, when information indicates
that an individual meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
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16:11 Nov 07, 2005
Jkt 208001
Prevention Act. In case of a dispute
concerning the validity of the
information provided by TSA to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in this system of records to furnish
records or information to the national
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, as may be
necessary to resolve such dispute.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be stored on magnetic
disc, tape, digital media, CD–ROM, bar
code, magnetic stripe, optical memory
stripe, disk, integrated circuit chip, and/
or other approved technologies and may
also be retained in hard copy format in
secure file folders.
Security Administration, 601 South
12th Street, Arlington, VA 22202–4220.
NOTIFICATION PROCEDURE:
To determine if this system contains
a record relating to you, write to the
system manager at the address indicated
above and provide your full name,
current address, date of birth, place of
birth, and a description of information
that you seek, including the time frame
during which the record(s) may have
been generated. You may also provide
your Social Security Number or other
unique identifier(s), but you are not
required to do so. Individuals requesting
access must comply with the
Department of Homeland Security’s
Privacy Act regulations on verification
of identity (6 CFR 5.21(d)).
RECORD ACCESS PROCEDURE:
Same as ‘‘notification procedure,’’
above.
CONTESTING RECORD PROCEDURE:
Same as ‘‘notification procedure,’’
above.
RETRIEVABILITY:
RECORD SOURCE CATEGORIES:
Records may be retrieved by the
applicant’s name, unique identification
record number, or other unique
administrative identifier; paper records,
where applicable, are retrieved
alphabetically by name or other unique
administrative identifier.
Information contained in this system
may be obtained from the RT applicant,
law enforcement and intelligence
agency record systems, government and
commercial databases, military and
National Guard records, and other
Department of Homeland Security
systems.
SAFEGUARDS:
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 computer system from which
records could be accessed is policy and
security based, meaning access is
limited to those individuals who require
it to perform their official duties. The
system also maintains a real-time
auditing function of individuals who
access the system. Classified
information is appropriately stored in a
secured facility, secured databases, and
containers and in accordance with other
applicable requirements, including
those pertaining to classified
information.
RETENTION AND DISPOSAL:
Records in this system will be
retained and disposed of in accordance
with the National Archives and Records
Administration’s General Records
Schedule 20.
SYSTEM MANAGER AND ADDRESS:
Registered Traveler Program Manager,
Transportation Threat Assessment &
Credentialing, TSA–19, Transportation
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Frm 00079
Fmt 4703
Sfmt 4703
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt
from 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f) pursuant to
5 U.S.C. 552a(k)(1) and (k)(2). In
addition, to the extent a record contains
information from other exempt systems
of records, TSA will rely on the
exemptions claimed for those systems.
Issued in Arlington, Virginia, on October
26, 2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05–22124 Filed 11–7–05; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4975–N–36]
Notice of Proposed Information
Collection: Comment Request; Real
Estate Settlement Procedures Act
(RESPA) Web Site Complaint
Questionnaire
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
AGENCY:
E:\FR\FM\08NON1.SGM
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Agencies
[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Pages 67731-67736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket Nos. TSA-2004-19166 and TSA-2004-17982]
Privacy Act of 1974: System of Records; Transportation Security
Threat Assessment System (T-STAS) and Registered Traveler (RT)
Operations Files
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice to alter two existing systems of records; request for
comments.
-----------------------------------------------------------------------
SUMMARY: TSA is altering two existing systems of records under the
Privacy Act of 1974. The revisions affect the Transportation Security
Threat Assessment System (T-STAS), DHS/TSA 002, and Registered Traveler
(RT) Operations Files, DHS/TSA 015, and will update the ``Categories of
individuals covered by the system'' section for both systems, and the
``Categories of records in the system'' section for the T-STAS system.
DATES: Submit comments by December 8, 2005.
ADDRESSES: You may submit comments, identified by the TSA docket
numbers to this rulemaking, using any one of the following methods:
Comments Filed Electronically: You may submit comments through the
docket Web site at https://dms.dot.gov. You also may submit comments
through the Federal eRulemaking portal at
https://www.regulations.gov.
Comments Submitted by Mail, Fax, or In Person: Address or deliver
your written, signed comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001; Fax: 202-493-2251.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Lisa S. Dean, Privacy Officer, Office
of Transportation Security Policy, TSA-9, 601 South 12th Street,
Arlington, VA 22202-4220; telephone (571) 227-3947; facsimile (571)
227-2555.
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to participate by submitting written
comments, data, or views. 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 document, explain the reason for any recommended change,
and include supporting data. 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, except
for comments containing confidential information and sensitive security
information (SSI) \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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Handling of Confidential or Proprietary Information and Sensitive
Security Information (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 rulemaking. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail the address listed in FOR FURTHER INFORMATION CONTACT section.
TSA will not place such comments in the public docket, but rather,
will handle these comments 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, 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 https://
dms.dot.gov.
You may review the comments in the public docket by visiting the
Dockets Office between 9 a.m. and 5 p.m.,
[[Page 67732]]
Monday through Friday, except Federal holidays. The Dockets Office is
located on the plaza level of the Nassif Building at the Department of
Transportation address, previously provided under ADDRESSES. Also, you
may review public dockets on the Internet at
https://dms.dot.gov.
Availability of Document
You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (https://dms.dot.gov/search);
(2) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA's Law and Policy Web page at https://www.tsa.gov
and accessing the link for ``Law and Policy'' at the top of the page.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number(s) of this document.
Background
TSA is altering two existing systems of records under the Privacy
Act of 1974. The first, the Transportation Security Threat Assessment
System (T-STAS) (DHS/TSA 002), facilitates the performance of threat
assessments and employment investigations on individuals who require
special access to the transportation system, and was last amended in a
notice published in the Federal Register on December 10, 2004 (69 FR
71837).
The second, the Registered Traveler (RT) Operations Files (DHS/TSA
015), relates to a pilot project designed to positively identify
certain travelers who volunteer to participate in the program. The
program may expedite the pre-boarding process and improve allocation of
TSA resources. Information concerning the RT program was last published
in the Federal Register on June 1, 2004 (69 FR 30948).
TSA is in the process of improving its direct access to certain
governmental databases used in performing security threat assessments
in order to more efficiently perform such assessments. The improved
access will result in the individuals covered by these databases being
added to TSA record systems. Accordingly, TSA is amending the
``Categories of individuals covered by the system'' portions of T-STAS
and RT systems of records by adding, at the end of the list of
individuals, a new category to include: ``Known or suspected terrorists
identified in the Terrorist Screening Database (TSDB) of the Terrorist
Screening Center (TSC); individuals identified by TSA who are on the
Selectee List because they pose a viable threat to civil aviation or
national security; and individuals on classified and unclassified
governmental terrorist, law enforcement, immigration, or intelligence
databases, including databases maintained by the Department of Defense,
National Counterterrorism Center, or Federal Bureau of Investigation.''
TSA is also making further amendments to the ``Categories of
individuals covered by the system'' and to the ``Categories of records
in the system'' in the T-STAS system, which it is not making to the RT
system, by expanding and clarifying various sections as follows:
(1) Adding a new category (l) to the categories of individuals, to
expressly include individuals seeking to become, or qualified as, known
shippers. These individuals are currently covered by category (g)
``Other individuals who are connected to the transportation industry
for whom TSA conducts security threat assessments to ensure
transportation security,'' but express identification in a new category
(l) will clarify that this system covers these individuals.
(2) Adding the term ``shipping venues'' to the introductory
paragraph of the categories of individuals, and revising category (9)
of ``Routine uses of records maintained in the system, including
categories of users and the purposes of such uses'' section to reflect
that TSA will disclose information to air carriers and indirect air
carriers regarding individuals who contract for, or seek access to,
transportation infrastructure or assets.
(3) Including in the introductory paragraph of the categories of
individuals, individuals seeking, or being provided access to,
Sensitive Security Information or Classified information provided in
connection with transportation security matters.
(4) Modifying the first sentence of ``Categories of individuals
covered by this system,'' and category (a) of the ``Purpose(s)''
sections to clarify that the system covers all types of evaluations
performed for security purposes.
(5) Revising categories (d) and (p), and adding a new category (u)
at the end of the list of records in the ``Categories of records in the
system,'' as follows:
Current category (d) covers various forms of Government-
issued licensing or identification information. The category is being
revised to expressly reflect the inclusion of citizenship and
immigration records, alien registration numbers, and visa information.
These items are currently listed in category (o) and will be repeated
in (d) to clarify that such records are not limited to travel
documents, as they are listed in category (o).
Current category (p) covers criminal history records
obtained from the Federal Bureau of Investigation (FBI). This category
is being revised to include other criminal history records, such as
Department of Defense and some state and local criminal history
records. While these records are described in existing category of
record (r) ``Other information provided by Federal, State, and local
government agencies or private entities,'' TSA has determined that
amending the category of records will clarify that criminal history
records from several sources may be part of this system.
TSA is adding a new category (u) to include suitability
testing and results of such testing. This expansion of the category of
records is intended to cover any tests that transportation-related
employees or contractors may be required to undergo.
The complete revised notice of the systems of records follows.
System of Records
DHS/TSA 002
System name:
Transportation Security Threat Assessment System (T-STAS).
Security classification:
Classified, Sensitive.
System location:
Records are maintained at the Transportation Security
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA
22202. Some records may also be maintained at the offices of TSA
contractors, or in TSA field offices.
Categories of individuals covered by the system:
Individuals who undergo a security threat assessment, employment
investigation, or other evaluation performed for security purposes, in
order to obtain access to the following: transportation infrastructure
or assets, such as terminals, facilities, pipelines, railways, mass
transit, vessels, aircraft, or vehicles; restricted airspace; passenger
baggage; cargo; shipping venues; Sensitive Security Information or
Classified information provided in connection with transportation
security matters; or transportation-related instruction or training
(such as flight training). This includes, but is not limited to, the
following individuals:
(a) Individuals who require or seek access to airport secured,
sterile, or a
[[Page 67733]]
Security Identification Display Area (SIDA); have or seek unescorted
access authority to these areas; have or seek authority to grant others
unescorted access to these areas; have or seek regular escorted access
to these areas; or are seeking identification that is evidence of
employment at the airport.
(b) Individuals who have or are seeking responsibility for
screening passengers or carry-on baggage, and those persons serving as
immediate supervisors and the next supervisory level to those
individuals, other than employees of the TSA who perform or seek to
perform these functions.
(c) Individuals who have or are seeking responsibility for
screening checked baggage or cargo, and their immediate supervisors,
and the next supervisory level to those individuals, other than
employees of the TSA who perform or seek to perform these functions.
(d) Individuals who have or are seeking the authority to accept
checked baggage for transport on behalf of an aircraft operator that is
required to screen passengers.
(e) Pilots, copilots, flight engineers, flight navigators, airline
personnel authorized to fly in the cockpit, relief or deadheading
crewmembers, cabin crew, and other flight crew for an aircraft operator
or foreign air carrier that is required to adopt and carry out a
security program.
(f) Flight crews and passengers who request waivers of temporary
flight restrictions (TFRs) or other restrictions pertaining to
airspace.
(g) Other individuals who are connected to the transportation
industry for whom TSA conducts security threat assessments to ensure
transportation security.
(h) Individuals who have or are seeking unescorted access to cargo
in the transportation system.
(i) Individuals who are owners, officers, or directors of an
indirect air carrier or a business seeking to become an indirect air
carrier.
(j) Aliens or other individuals designated by TSA who apply for
flight training or recurrent training.
(k) Individuals transported on all-cargo aircraft, including
aircraft operator or foreign air carrier employees and their family
members and persons transported for the flight.
(l) Individuals seeking to become, or qualified as, known shippers.
(m) Known or suspected terrorists identified in the Terrorist
Screening Database (TSDB) of the Terrorist Screening Center (TSC);
individuals identified by TSA who are on the Selectee List because they
pose a viable threat to civil aviation or national security; and
individuals on classified and unclassified governmental terrorist, law
enforcement, immigration, or intelligence databases, including
databases maintained by the Department of Defense, National
Counterterrorism Center, or Federal Bureau of Investigation.
Categories of records in the system:
TSA's system may contain any, or all, of the following information
regarding individuals covered by this system:
(a) Full name (including aliases or variations of spelling).
(b) Gender.
(c) Current and historical contact information (including, but not
limited to, address information, telephone number, and e-mail).
(d) Government-issued licensing or identification information
(including, but not limited to, social security number; pilot
certificate information, including number and country of issuance;
current and past citizenship information; immigration status; alien
registration numbers; visa information; and other licensing information
for modes of transportation).
(e) Date and place of birth.
(f) Name and information, including contact information and
identifying number (if any) of the airport, aircraft operator, indirect
air carrier, maritime or land transportation operator, or other
employer or entity that is employing the individual, or submitting the
individual's information, or sponsoring the individual's background
check/threat assessment.
(g) Physical description, fingerprint and/or other biometric
identifier, and photograph.
(h) Date, place, and type of flight training or other instruction.
(i) Control number or other unique identification number assigned
to an individual or credential.
(j) Information necessary to assist in tracking submissions,
payments, and transmission of records.
(k) Results of any analysis performed for security threat
assessments and adjudications.
(l) Other data as required by Form FD 258 (fingerprint card) or
other standard fingerprint cards used by the Federal Government.
(m) Information provided by individuals covered by this system in
support of their application for an appeal or waiver.
(n) Flight information, including crew status on board.
(o) Travel document information (including, but not limited to,
passport information, including number and country of issuance; and
current and past citizenship information and immigration status, any
alien registration numbers, and any visa information).
(p) Criminal history records.
(q) Data gathered from foreign governments or entities that is
necessary to address security concerns in the aviation, maritime, or
land transportation systems.
(r) Other information provided by Federal, State, and local
government agencies or private entities.
(s) The individual's level of access at an airport.
(t) The individual's military service history.
(u) Suitability testing and results of such testing.
Authority for maintenance of the system:
49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936,
44939, 46105.
Purpose(s):
(a) Performance of security threat assessments, employment
investigations, and evaluations performed for security purposes that
Federal statutes and/or TSA regulations authorize for the individuals
identified in ``Categories of individuals covered by the system,''
above.
(b) To assist in the management and tracking of the status of
security threat assessments, employment investigations, and evaluations
performed for security purposes.
(c) To permit the retrieval of the results of security threat
assessments, employment investigations, and evaluations performed for
security purposes; including criminal history records checks and
searches in other governmental, commercial, and private data systems,
performed on the individuals covered by this system.
(d) To permit the retrieval of information from other terrorist-
related, law enforcement and Intelligence databases on the individuals
covered by this system.
(e) To track the fees incurred, and payment of those fees, by the
airport operators, aircraft operators, maritime and land transportation
operators, flight students, and others, where appropriate, for services
related to security threat assessments, employment investigations, and
evaluations performed for security purposes.
(f) To facilitate the performance of security threat assessments
and other investigations that TSA may conduct to ensure transportation
security.
[[Page 67734]]
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) To the United States Department of Transportation, its
operating administrations, or the appropriate State or local agency,
when relevant or necessary to--
(a) Ensure safety and security in any mode of transportation;
(b) Enforce safety- and security-related regulations and
requirements;
(c) Assess and distribute intelligence or law enforcement
information related to transportation security;
(d) Assess and respond to threats to transportation;
(e) Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
(f) Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
(g) The issuance, maintenance, or renewal of a license,
endorsement, certificate, contract, grant, or other benefit.
(2) 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, where TSA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(3) 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.
(4) To contractors, grantees, experts, consultants, volunteers, or
other like persons, when necessary to perform a function or service
related to this system of records for which they have been engaged.
Such recipients are required to comply with the Privacy Act, 5 U.S.C.
552a, as amended.
(5) 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, endorsement, contract,
grant, waiver, credential, or other benefit.
(6) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
TSA decision concerning the hiring or retention of an employee; the
issuance of a security clearance, license, endorsement, contract,
grant, waiver, credential, or other benefit.
(7) To international and foreign governmental authorities, in
accordance with law and formal or informal international agreement.
(8) To third parties during the course of a security threat
assessment, employment investigation, or adjudication of a waiver or
appeal request, to the extent necessary to obtain information pertinent
to the assessment, investigation, or adjudication.
(9) To airport operators, indirect air carriers, aircraft
operators, flight school operators, and maritime and land
transportation operators or contractors about individuals; when
relevant to the individual's employment, application, contract,
issuance of credentials or clearances, acceptance for flight training,
or access to transportation infrastructure or assets.
(10) To a Federal, State, local, tribal, territorial, foreign, or
international agency so that TSA may obtain information to conduct
security threat assessments or employment investigations and to
facilitate any associated payment and accounting.
(11) To the Department of Justice (DOJ) or other Federal agency in
the review, settlement, defense, and prosecution of claims, complaints,
and lawsuits involving matters over which TSA exercises jurisdiction;
or when conducting litigation, or in proceedings, before any court,
adjudicative or administrative body, when: (a) TSA; or (b) any employee
of TSA in his/her official capacity; or (c) any employee of TSA in his/
her individual capacity, where DOJ or TSA has agreed to represent the
employee; or (d) the United States or any agency thereof, is a party to
the litigation, or has an interest in such litigation, and TSA
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 TSA collected the records.
(12) 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.
(13) To the National Archives and Records Administration, or other
appropriate Federal agency, pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
In electronic storage media and hard copy.
Retrievability:
Information can be retrieved by name, social security number,
identifying number of the submitting or sponsoring entity, other case
number assigned by TSA or other entity/agency, biometric, or a unique
identification number, or any other identifying particular assigned or
belonging to the individual.
Safeguards:
All records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include some or all of the following: restricting access to
those authorized with a need-to-know; using locks, alarm devices, and
passwords; compartmentalizing databases; auditing software; and
encrypting data communications.
Retention and disposal:
National Archives and Records Administration approval is pending
for the records in this system.
System manager(s) and address:
Assistant Director for Compliance, Transportation Threat Assessment
& Credentialing Office, TSA-19, Transportation Security Administration,
601 South 12th Street, Arlington, VA 22202-4220.
Notification procedure:
To determine whether this system contains records relating to you,
write to the System Manager identified above.
Record access procedure:
Same as ``Notification Procedure,'' above. Provide your full name
and a description of information that you seek, including the time
frame during which the record(s) may have been generated. Individuals
requesting access must comply with the Department of Homeland Security
Privacy Act regulations on verification of identity (6 CFR 5.21(d)).
Contesting record procedure:
Same as ``Notification Procedure'' and ``Record Access Procedure,''
above.
Record source categories:
Information is collected from individuals subject to a security
threat assessment, employment investigation, or other security
analysis; from aviation, maritime, and land transportation
[[Page 67735]]
operators, flight schools, or other persons sponsoring the individual;
and any other persons, including commercial entities that may have
information that is relevant or necessary to the assessment or
investigation. Information about individuals is also used or collected
from domestic and international intelligence sources and other
governmental, private, and public databases. The sources of information
in the criminal history records obtained from the Federal Bureau of
Investigation (FBI) are set forth in the Privacy Act system of records
notice ``JUSTICE/FBI-009.''
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
(k)(2), and (k)(6). In addition, to the extent a record contains
information from other exempt systems of records, TSA will rely on the
exemptions claimed for those systems.
DHS/TSA 015
System name:
Registered Traveler (RT) Operations Files.
Security classification:
Classified, sensitive.
System location:
Records will be maintained at TSA Headquarters in Arlington,
Virginia; at other authorized TSA or DHS secure facilities, as
necessary; and at a digital safe site managed by a Government
contractor.
Categories of individuals covered by the system:
(a) Individuals who voluntarily apply to participate in the RT
Pilot Program, who agree to provide personal information to TSA that
may be used as part of a security assessment, and who may or may not
meet the eligibility criteria as determined by TSA;
(b) Authorized Federal law enforcement officers (LEOs);
(c) Individuals who participate in the Federal Flight Deck Officer
(FFDO) program; and
(d) Known or suspected terrorists identified in the Terrorist
Screening Database (TSDB) of the Terrorist Screening Center (TSC);
individuals identified by TSA who are on the Selectee List because they
pose a viable threat to civil aviation or national security; and
individuals on classified and unclassified governmental terrorist, law
enforcement, immigration, or intelligence databases, including
databases maintained by the Department of Defense, National
Counterterrorism Center, or Federal Bureau of Investigation.
Categories of records in the system:
Information in the system includes some, or all, of the following:
(a) Full name.
(b) Current home address.
(c) Current home phone number.
(d) Current cell phone number (if applicable).
(e) Social security number.
(f) Date of birth.
(g) Place of birth.
(h) Nationality.
(i) Gender.
(j) Prior home addresses.
(k) Arrival date in United States (non-U.S. citizens only).
(l) Digital photo.
(m) Reference biometric (i.e. fingerprint(s), iris scan, facial
geometry, hand geometry, handwriting/signature, others).
(n) Unique identification record number.
(o) Unique token or credential serial number.
(p) Security assessments.
(q) Information pertaining to adjudication results.
(r) RT eligibility status.
(s) Token or credential issue date.
(t) Token or credential expiration date.
(u) Information and data provided by Federal, State, and local
government agencies and foreign governments that is necessary to
conduct a security assessment to determine if an individual poses a
potential threat to aviation security.
(v) Authorized Federal LEOs may have a Federal LEO code name and
unique administrative code number.
Authority for maintenance of the system:
49 U.S.C. 114; Sec. 109(a)(3), Aviation and Transportation Security
Act (ATSA), Pub. L. 107-71.
Purpose(s):
The system utilized during the RT Pilot Program will facilitate the
development, testing, and administration of the RT concept, including
conducting security assessments on program applicants; additional
security assessments may or may not be conducted on authorized LEOs,
FFDOs, and other authorized government officials. The purpose of the RT
pilot program is to--
(1) Pre-screen and positively identify volunteer travelers using
advanced identification technologies, including biometrics, which may
expedite the pre-boarding process for the traveler and improve the
allocation of TSA's security resources on individuals who may pose a
security threat;
(2) Prevent potential threats from individuals who are
impersonating Federal LEOs and seek to board commercial aircraft while
armed;
(3) Assist in the management and tracking of the status of security
assessments for applicants and those deemed eligible for the Registered
Traveler Pilot Program;
(4) Permit the retrieval of the results of security assessments,
including criminal history records checks and searches in other
governmental identification systems, performed on the individuals
covered by this system;
(5) Permit the retrieval of information from other law enforcement
and intelligence databases on individuals covered by this system; and
(6) Identify potential threats to transportation security, uphold
and enforce the law, and ensure public safety.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) To the United States Department of Transportation, its
operating administrations, or the appropriate State or local agency,
when relevant or necessary to--
(a) Ensure safety and security in any mode of transportation;
(b) Enforce safety and security related regulations and
requirements;
(c) Assess and distribute intelligence or law enforcement
information related to transportation security;
(d) Assess and respond to threats to transportation;
(e) Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
(f) Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
(g) The issuance, maintenance, or renewal of a license,
certificate, contract, grant, or other benefit.
(2) 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, where TSA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(3) To contractors, grantees, experts, consultants, or volunteers,
when necessary to perform a function or service related to this system
of records for which they have been engaged. Such recipients are
required to comply with the Privacy Act, 5 U.S.C. 552a, as amended.
(4) To airports and aircraft operators, to the extent necessary to
identify
[[Page 67736]]
Registered Travelers and ensure the proper ticketing, security
screening, and boarding of those passengers.
(5) 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.
(6) To the Department of State and other Intelligence Community
agencies, to further the mission of those agencies relating to 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; a
threat to aviation safety, civil aviation, or national security.
(7) To international and foreign governmental authorities, in
accordance with law and formal or informal international agreement.
(8) To authorized law enforcement and other Government agencies, as
necessary, to conduct the security assessments and, if applicable, to
facilitate payment and accounting.
(9) To the Department of Justice (DOJ) in review, settlement,
defense, and prosecution of claims, complaints, and lawsuits involving
matters over which TSA exercises jurisdiction.
(10) To the DOJ or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body,
when: (a) TSA, or (b) any employee of TSA in his/her official capacity,
or (c) any employee of TSA in his/her individual capacity where DOJ or
TSA has agreed to represent the employee, or (d) the United States or
any agency thereof, is a party to the litigation or has an interest in
such litigation, and TSA 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 TSA collected the records.
(11) 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.
(12) To the General Services Administration and the National
Archives and Records Administration in records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
(13) To the Attorney General of the United States or his/her
official designee, when information indicates that an individual meets
any of the disqualifications for receipt, possession, shipment, or
transport of a firearm under the Brady Handgun Violence Prevention Act.
In case of a dispute concerning the validity of the information
provided by TSA to the Attorney General, or his/her designee, it shall
be a routine use of the information in this system of records to
furnish records or information to the national Background Information
Check System, established by the Brady Handgun Violence Prevention Act,
as may be necessary to resolve such dispute.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records may be stored on magnetic disc, tape, digital media, CD-
ROM, bar code, magnetic stripe, optical memory stripe, disk, integrated
circuit chip, and/or other approved technologies and may also be
retained in hard copy format in secure file folders.
Retrievability:
Records may be retrieved by the applicant's name, unique
identification record number, or other unique administrative
identifier; paper records, where applicable, are retrieved
alphabetically by name or other unique administrative identifier.
Safeguards:
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 computer system
from which records could be accessed is policy and security based,
meaning access is limited to those individuals who require it to
perform their official duties. The system also maintains a real-time
auditing function of individuals who access the system. Classified
information is appropriately stored in a secured facility, secured
databases, and containers and in accordance with other applicable
requirements, including those pertaining to classified information.
Retention and disposal:
Records in this system will be retained and disposed of in
accordance with the National Archives and Records Administration's
General Records Schedule 20.
System manager and address:
Registered Traveler Program Manager, Transportation Threat
Assessment & Credentialing, TSA-19, Transportation Security
Administration, 601 South 12th Street, Arlington, VA 22202-4220.
Notification procedure:
To determine if this system contains a record relating to you,
write to the system manager at the address indicated above and provide
your full name, current address, date of birth, place of birth, and a
description of information that you seek, including the time frame
during which the record(s) may have been generated. You may also
provide your Social Security Number or other unique identifier(s), but
you are not required to do so. Individuals requesting access must
comply with the Department of Homeland Security's Privacy Act
regulations on verification of identity (6 CFR 5.21(d)).
Record access procedure:
Same as ``notification procedure,'' above.
Contesting record procedure:
Same as ``notification procedure,'' above.
Record source categories:
Information contained in this system may be obtained from the RT
applicant, law enforcement and intelligence agency record systems,
government and commercial databases, military and National Guard
records, and other Department of Homeland Security systems.
Exemptions claimed for the system:
Portions of this system are exempt from 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f) pursuant to 5 U.S.C.
552a(k)(1) and (k)(2). In addition, to the extent a record contains
information from other exempt systems of records, TSA will rely on the
exemptions claimed for those systems.
Issued in Arlington, Virginia, on October 26, 2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05-22124 Filed 11-7-05; 8:45 am]
BILLING CODE 4910-62-P