Privacy Act of 1974; Customs and Border Protection Advanced Passenger Information System Systems of Records, 48349-48353 [E7-15976]
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Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Notices
Office of the Secretary
[DHS–2007–0041]
Privacy Act of 1974; Customs and
Border Protection Advanced
Passenger Information System
Systems of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
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records.
SUMMARY: Pursuant to the Privacy Act of
1974, the Department of Homeland
Security (DHS), U.S. Customs and
Border Protection (CBP) gives notice
that it is establishing a new system of
records for collecting certain
biographical information on all
passenger and crew members who arrive
in or depart from, or transit through
(and crew that over fly) the United
States on a covered air or vessel carrier,
and, in the case of crew members, those
who continue domestically on a foreign
air or vessel carrier. The system of
records is the Advance Passenger
Information System.
Previously, this information was
maintained within the Treasury
Enforcement Communications System
and was covered by a system of records
notice published for the Treasury
Enforcement Communications System.
CBP is publishing a new system of
records notice in order to permit the
traveling public greater access to
individual information and a more
complete understanding of how and
where information pertaining to them is
collected and maintained.
DATES: The new system of records will
be effective September 24, 2007.
ADDRESSES: You may submit comments,
identified by Docket Number DHS–
2007–0041 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, 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 https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
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For
general questions please contact:
Laurence E. Castelli (202–572–8790),
Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and
Border Protection, Office of
International Trade, Regulations &
Rulings, Mint Annex, 1300
Pennsylvania Ave., NW., Washington,
DC 20229. For privacy issues contact:
Hugo Teufel III (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
I. Background
The Advance Passenger Information
System (APIS) was originally developed
as a voluntary program by the former
U.S. Customs Service (Customs Service)
in 1988 in cooperation with the former
U.S. Immigration and Naturalization
Service (INS) and the airline industry.
Previously, this information was
maintained within the Treasury
Enforcement Communications System
(TECS) and was covered by a system of
records notice published for TECS. The
most recent TECS SORN was published
at 66 FR 52984 (Oct 18, 2001). In the
original APIS regulation, commercial air
and vessel carriers collected passengers’
biographical data and transmitted the
data to the Customs Service while the
flight or the vessel was en route to the
United States. The Customs Service
Data Center used APIS data to perform
a check against CBP’s law enforcement
databases, as well as information from
the Federal Bureau of Investigations
Terrorist Screening Center’s Terrorist
Screening Database (TSDB), information
on individuals with outstanding wants
or warrants, and information from other
government agencies regarding high risk
parties. Through the legacy voluntary
APIS data program, checks were
performed in advance of the arrival of
the aircraft or vessel. The results were
referenced by Customs agents or
inspectors once the passengers arrived.
This resulted in a significant time
savings for the clearance of passengers
and carriers.
The Aviation and Transportation
Security Act of 2001 and the Enhanced
Border Security and Visa Entry Reform
Act of 2002 provided specific authority
for the mandatory collection of certain
information on all passenger and
crewmembers that arrive in or depart
from the United States on a commercial
air or vessel carrier. The information is
required to be collected and submitted
to CBP as APIS data.
The information that is required to be
collected and submitted to the APIS can
be found on routine arrival/departure
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documents that passengers and
crewmembers must provide to CBP,
when entering or departing the United
States. APIS includes complete name,
date of birth, gender, country of
citizenship, passport/alien registration
number and country of issuance,
passport expiration date, country of
residence, status on board the aircraft,
travel document type, United States
destination address (except for U.S.
Citizens, lawful permanent residents,
crew and those in transit), place of birth
and address of permanent residence
(flight crew only), pilot certificate
number and country of issuance (flight
crew only, if applicable) and the
Passenger Name Record (PNR) locator
number. The PNR locator number
allows CBP to access PNR consistent
with its regulatory authority under 19
CFR 122.49d.
Additionally, air and vessel carriers
must provide the airline carrier code,
flight number, vessel name, vessel
country of registry/flag, International
Maritime Organization number or other
official number of the vessel, voyage
number, date of arrival/departure,
foreign airport/port where the
passengers and crew members began
their air/sea transportation to the United
States; for passengers and crew
members destined for the United States,
the location where the passengers and
crew members will undergo customs
and immigration clearance by CBP; and
for passengers and crew members that
are transiting through (and crew on
flights over flying) the United States and
not clearing CBP, the foreign airport/
port of ultimate destination, and status
on board (whether an individual is crew
or non-crew); and for passengers and
crew departing the United States, the
final foreign airport/port of arrival.
CBP will collect the passengers’ and
crewmembers’ information that is
supplied by the air or vessel carriers in
advance of a passenger’s and
crewmember’s arrival in or departure
from (and, for crew on flights over
flying) the United States and maintains
this information in the Advance
Passenger Information System. The
information will be used to perform
counterterrorism, law enforcement, and
public security queries to identify risks
to the aircraft or vessel, to its occupants,
or to the United States and to expedite
CBP processing.
Under the Final Rule revision to APIS
(70 FR 17820 (Apr. 7, 2005)), CBP
mandates that air and vessel carriers
collect personally identifiable
information about passengers and
crewmembers (including ‘‘non-crew’’ as
defined in the 2005 APIS Final Rule)
traveling by air or sea, and arriving in,
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or departing from (and, in the case of
crew, flights overflying), the United
States from the respective carriers—this
information is often collected and
maintained on what is referred to as the
manifest. The information that is
required to be collected and submitted
to APIS can be found on routine travel
documents that passengers and
crewmembers must provide when
processed into or out of the United
States (and most of the information is
included on the Machine Readable Zone
(MRZ) of most passports).
The purpose of the information
collection is to screen passengers and
crew members arriving from foreign
travel points and departing the United
States to identify those persons who
may pose a risk to border, aviation or
public security, may be a terrorist or
suspected terrorist or affiliated with or
suspected of being affiliated with
terrorists, may be inadmissible, may be
a person of interest, or may otherwise be
engaged in activity in violation of U.S.
law, or the subject of wants or warrants.
The system allows CBP to facilitate
effectively and efficiently the entry and
departure of legitimate travelers into
and from the United States. Using APIS,
DHS officers can quickly reference the
results of the advanced research that has
been conducted through CBP’s law
enforcement databases, including
information from the TSDB and
information on individuals with
outstanding wants or warrants, confirm
the accuracy of that information by
comparison with information obtained
from the traveler (passenger and crew)
and from the carriers, and make
immediate determinations as to a
traveler’s security risk, admissibility
and other determinations bearing on
CBP’s inspectional and screening
processes.
Information collected in APIS is
maintained for a period of no more than
twelve months from the date of
collection at which time the data is
erased from APIS. Following CBP
processing, a copy of certain
information is transferred to the Border
Crossing Information System, a
subsystem of TECS. During physical
processing at the border, primary
inspection lane and ID inspector are
added to APIS and the APIS information
is verified. This information derived
from APIS includes: complete name,
date of birth, gender, date of arrival,
date of departure, time arrived, means of
arrival (air/sea), travel document,
departure location, airline code, flight
number, and the result of the CBP
processing. Additionally, for
individuals subject to US-VISIT
requirements, a copy of certain APIS
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data is transferred to the Arrival and
Departure Information System (ADIS)
for effective and efficient tracking of
foreign nationals, including to help
identify lawfully admitted nonimmigrants who remain in the United
States beyond the period of authorized
stay. US-VISIT currently applies to all
visitors (with limited exemptions). The
SORN for ADIS was last published on
December 12, 2003 (68 FR 69412). The
information transferred from APIS to
ADIS includes: Complete name, date of
birth, gender, citizenship, country of
residence, status on board the vessel,
U.S. destination address, passport
number, expiration date of passport,
country of issuance (for non-immigrants
authorized to work), alien registration
number, port of entry, entry date, port
of departure, and departure date.
II. Privacy Act
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 personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the 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. APIS
involves the collection of information
that will be maintained in a system of
records.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
to make agency recordkeeping practices
transparent, to notify individuals
regarding the uses to which personally
identifiable information is put, and to
assist the individual to more easily find
such files within the agency. Below is
the description of system of records
referred to as the Advanced Passenger
Information System.
In accordance with 5 U.S.C. 552a(r), a
report concerning this record system has
been sent to the Office of Management
and Budget and to the Congress.
DHS/CBP–005
SYSTEM NAME:
Advanced Passenger Information
System (APIS)
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SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This computer database is located at
U.S. Customs and Border Protection
(CBP) National Data Center in
Washington, DC. Computer terminals
are located at customhouses, border
ports of entry, airport inspection
facilities under the jurisdiction of the
Department of Homeland Security
(DHS) and other locations at which DHS
authorized personnel may be posted to
facilitate DHS’s mission. Terminals may
also be located at appropriate facilities
for other participating government
agencies.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this notice consist of:
A. Passengers who arrive and depart
the United States by air or sea,
including those in transit through the
United States or beginning or
concluding a portion of their
international travel by flying
domestically within the United States,
B. Crew members who arrive and
depart the United States by air or sea,
including those in transit through the
United States or beginning or
concluding a portion of their
international travel by flying
domestically within the United States,
and
C. Crew members on aircraft that
overfly the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the database are
comprised of the following information:
complete name, date of birth, gender,
country of citizenship, passport/alien
registration number and country of
issuance, passport expiration date,
country of residence, status on board the
aircraft, travel document type, United
States destination address (except for
U.S. Citizens, lawful permanent
residents, crew and those in transit),
place of birth and address of permanent
residence (flight crew only), pilot
certificate number and country of
issuance (flight crew only, if
applicable), the PNR locator number,
primary inspection lane, ID inspector,
and records containing the results of
comparisons of individuals to
information maintained in CBP’s law
enforcement databases, as well as
information from the TSDB, information
on individuals with outstanding wants
or warrants, and information from other
government agencies regarding high risk
parties.
In addition, carriers or operators
covered by the APIS rules must transmit
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to CBP the following information:
airline carrier code, flight number,
vessel name, vessel country of registry/
flag, International Maritime
Organization number or other official
number of the vessel, voyage number,
date of arrival/departure, foreign
airport/port where the passengers and
crew members began their air/sea
transportation to the United States; for
passengers and crew members destined
for the United States, the location where
the passengers and crew members will
undergo customs and immigration
clearance by CBP; and for passengers
and crew members that are transiting
through (and crew on flights over flying)
the United States and not clearing CBP,
the foreign airport/port of ultimate
destination; and for passengers and
crew departing the United States, the
final foreign airport/port of arrival.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Aviation and Transportation
Security Act of 2001, the Enhanced
Border Security and Visa Reform Act of
2002, and the Intelligence Reform and
Terrorism Prevention Act of 2004, also
the Tariff Act of 1930, as amended,
including 19 U.S.C. 58b, 66, 1431, 1433,
1436, 1448, 1459, 1590, 1594, 1623,
1624, 1644, and 1644a.
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PURPOSE(S):
The purpose of the collection is to
screen passengers and crew arriving in,
transiting through and departing from
(and in the case of crew, overflying) the
United States to identify those
passengers and crew who may pose a
risk to border, aviation or public
security, may be a terrorist or suspected
terrorist or affiliated with or suspected
of being affiliated with terrorists, may be
inadmissible, may be a person of
interest, or may otherwise be engaged in
activity in violation of U.S. law, or the
subject of wants or warrants.
APIS allows CBP to facilitate more
effectively and efficiently the entry of
legitimate travelers into the United
States and the departure of legitimate
travelers from the United States. As
travelers prepare to depart for or from
the United States, DHS officers, using
APIS, can quickly cross-reference the
results of the advanced research that has
been conducted through CBP’s law
enforcement databases, as well as using
information from the TSDB, information
on individuals with outstanding wants
or warrants, and information from other
government agencies regarding high risk
parties, confirm the accuracy of that
information by comparison of it with
information obtained from the traveler
and from the carriers, and make
immediate determinations with regard
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to the traveler’s security risk,
admissibility and other determinations
bearing on CBP’s inspectional and
screening processes.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To appropriate Federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, or license, where DHS
believes the information would assist
enforcement of civil or criminal laws;
B. To Federal and foreign government
intelligence or counterterrorism
agencies or components where CBP
becomes aware of an indication of a
threat or potential threat to national or
international security, or where such
use is to assist in anti-terrorism efforts
and disclosure is appropriate to the
proper performance of the official duties
of the person making the disclosure.
C. To an organization or individual in
either the public or private sector, either
foreign or domestic, where there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, to the
extent the information is relevant to the
protection of life, property or other vital
interests of a data subject and disclosure
is proper and consistent with the official
duties of the person making the
disclosure;
D. To appropriate Federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, for the purpose of
protecting the vital interests of a data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or for combating other
significant public health threats;
appropriate notice will be provided of
any identified health threat or risk;
E. To a court, magistrate, or
administrative tribunal 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 response to a
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48351
subpoena, or in connection with
criminal law proceedings;
F. To third parties during the course
of an law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate in the proper performance
of the official duties of the officer
making the disclosure;
G. To an agency, organization, or
individual for the purposes 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;
H. To a Congressional office, for 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;
I. To an appropriate Federal, state,
local, tribal, territorial, foreign, or
international agency, if the information
is relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request;
J. To contractors, grantees, experts,
consultants, and others performing or
working on a contract, service, grant,
cooperative agreement, or other
assignment for the Federal government,
when necessary to accomplish an
agency function related to this system of
records, in compliance with the Privacy
Act of 1974, as amended;
K. To the U. S. Department of Justice
(including U.S. Attorney offices) or
other Federal agency 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 (2) any
employee of DHS in his/her official
capacity, or (3) any employee of DHS in
his/her individual capacity where DOJ
or DHS has agreed to represent said
employee, or (4) the United States or
any agency thereof;
L. 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. Sections 2904 and 2906;
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M. To appropriate Federal, state,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations where CBP is aware of a
need to utilize relevant data for
purposes of testing new technology and
systems designed to enhance border
security or identify other violations of
law;
N. To appropriate agencies, entities,
and persons when (1) it is suspected or
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) CBP 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 CBP or another agency or
entity) that rely upon the compromised
information; and (3) the disclosure is
made to such agencies, entities, and
persons when reasonably necessary to
assist in connection with the CBP’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
O. To the carrier, who submitted
traveler, passenger, or crew information
to CBP, but only to the extent that CBP
provides a message indicating that the
individual is ‘‘cleared’’ or ‘‘not cleared’’
to board the aircraft or depart on the
vessel in response to the initial
transmission of information, or is
identified as a ‘‘selectee’’.
protected from the outside by security
personnel.
The system manager, in addition, has
the capability to maintain system backups for the purpose of supporting
continuity of operations and the discrete
need to isolate and copy specific data
access transactions for the purpose of
conducting security incident
investigations.
All communication links with the
CBP datacenter are encrypted. The
Databases are fully Certified and
Accredited in accordance with the
requirements of the Federal Information
Security Management Act (FISMA).
Although separate notice is being
provided for APIS, it continues to
operate within the TECS information
technology system architecture;
therefore APIS’s technical infrastructure
is covered by the approved TECS
Certification and Accreditation under
the National Institute of Standards and
Technology. The last certification was
in January 2006.
RETENTION AND DISPOSAL:
The data is stored electronically at the
CBP Data Center for current data and
offsite at an alternative data storage
facility for historical logs and system
backups.
Information collected in APIS is
maintained in this system for a period
of no more than twelve months from the
date of collection at which time the data
is erased from APIS. As part of the
vetting and CBP clearance (immigration
and customs screening and inspection)
of a traveler, information from APIS is
copied to the Border Crossing
Information System, a subsystem of
TECS. Additionally, for individuals
subject to US–VISIT requirements, a
copy of certain APIS data is transferred
to the Arrival and Departure
Information System (ADIS) for effective
and efficient processing of foreign
nationals. The SORN for ADIS was last
published on December 12, 2003 (68 FR
69412). Different retention periods
apply for APIS data contained in those
systems.
RETRIEVABILITY:
SYSTEM MANAGER(S) AND ADDRESS
The data is retrievable by name or
other unique personal identifier from an
electronic database.
Director, Office of Automated
Systems, U.S. Customs and Border
Protection Headquarters, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20229.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
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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
role-based access provisions, restricting
access to authorized personnel who
have a need-to-know, using locks, and
password protection identification
features. DHS file areas are locked after
normal duty hours and the facilities are
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NOTIFICATION PROCEDURES:
DHS allows persons (including
foreign nationals) to seek administrative
access under the Privacy Act to
information maintained in APIS.
Persons may only seek access to APIS
data that has been provided by the
carrier and of which they are the
subject. To determine whether APIS
contains records relating to you, write to
the FOIA/Privacy Act Branch, Office of
Field Operations, U.S. Customs and
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Border Protection, Room 5.5–C, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20229 (phone: (202)
344–1850 and fax: (202) 344–2791).
RECORD ACCESS PROCEDURES:
Requests for notification or access
must be in writing and should be
addressed to the FOIA/Privacy Act
Branch, Office of Field Operations, U.S.
Customs and Border Protection, Room
5.5–C, 1300 Pennsylvania Avenue, NW.,
Washington, DC 20229. Requests should
conform to the requirements of 6 CFR
part 5, subpart B, which provides the
rules for requesting access to Privacy
Act records maintained by DHS and can
be found at https://www.dhs.gov/foia.
The envelope and letter should be
clearly marked ‘‘Privacy Act Access
Request.’’ The request should include a
general description of the records
sought and must include the requester’s
full name, current address, and date and
place of birth. The request must be
signed and either notarized or submitted
under penalty of perjury.
If individuals are uncertain what
agency handles the information, they
may seek redress through the DHS
Traveler Redress Program (‘‘TRIP’’) (See
72 Fed. Reg. 2294, dated January 18,
2007). Individuals who believe they
have been improperly denied entry,
refused boarding for transportation, or
identified for additional screening by
CBP may submit a redress request
through the TRIP. TRIP is a single point
of contact for individuals who have
inquiries or seek resolution regarding
difficulties they experienced during
their travel screening at transportation
hubs—like airports, seaports and train
stations or at U.S. land borders. Through
TRIP, a traveler can request correction
of erroneous stored in other DHS
databases through one application.
Redress requests should be sent to: DHS
Traveler Redress Inquiry Program
(TRIP), 601 South 12th Street, TSA–901,
Arlington, VA 22202–4220 or online at
https://www.dhs.gov/trip.
CONTESTING RECORD PROCEDURES:
Individuals may seek redress and/or
contest a record through several
different means that will be handled in
the same fashion. If the individual is
aware the information is specifically
handled by CBP, requests may be sent
directly to CBP at the FOIA/Privacy Act
Branch, Office of Field Operations, U.S.
Customs and Border Protection, Room
5.5–C, 1300 Pennsylvania Avenue, NW.,
Washington, DC 20229 (phone: (202)
344–1850 and fax: (202) 344–2791). If
the individual is uncertain what agency
is responsible for maintaining the
information, redress requests may be
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sent to DHS TRIP at DHS Traveler
Redress Inquiry Program (TRIP), 601
South 12th Street, TSA–901, Arlington,
VA 22202–4220 or online at https://
www.dhs.gov/trip.
RECORD SOURCE CATEGORIES:
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The system contains data received
from aircraft operators/carriers and
vessel carriers regarding passengers and
crewmembers who arrive in, depart
from, transit through or overfly (in the
case of flight crew only) the United
States on an air or vessel carrier covered
by APIS regulations. During physical
processing at the border, primary
inspection lane and ID inspector are
added to APIS, and the APIS
information is verified using the travel
documents. Additionally, records
VerDate Aug<31>2005
15:12 Aug 22, 2007
Jkt 211001
contain the results of comparisons of
individuals to information maintained
in CBP law enforcement databases, as
well as information from the TSDB,
information on individuals with
outstanding wants or warrants, and
information from other government
agencies regarding high risk parties.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person
and submitted by that person’s air or
vessel carrier, if that person, or his or
her agent, seeks access or amendment of
such information.
This system, however, may contain
records or information recompiled from
or created from information contained
PO 00000
Frm 00005
Fmt 4701
Sfmt 4703
48353
in other systems of records, which are
exempt from certain provisions of the
Privacy Act. For these records or
information only, in accordance with 5
U.S.C. 552a (j)(2), and (k)(2), DHS will
also claim the original exemptions for
these records or information from
subsections (c)(3) and (4); (d)(1), (2), (3),
and (4); (e)(1), (2), (3), (4)(G) through (I),
(5), and (8); (f), and (g) of the Privacy
Act of 1974, as amended, as necessary
and appropriate to protect such
information.
Dated: August 8, 2007.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E7–15976 Filed 8–22–07; 8:45 am]
BILLING CODE 4410–10–P
E:\FR\FM\23AUN2.SGM
23AUN2
Agencies
[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Pages 48349-48353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15976]
Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 /
Notices
[[Page 48349]]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[DHS-2007-0041]
Privacy Act of 1974; Customs and Border Protection Advanced
Passenger Information System Systems of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security (DHS), U.S. Customs and Border Protection (CBP) gives
notice that it is establishing a new system of records for collecting
certain biographical information on all passenger and crew members who
arrive in or depart from, or transit through (and crew that over fly)
the United States on a covered air or vessel carrier, and, in the case
of crew members, those who continue domestically on a foreign air or
vessel carrier. The system of records is the Advance Passenger
Information System.
Previously, this information was maintained within the Treasury
Enforcement Communications System and was covered by a system of
records notice published for the Treasury Enforcement Communications
System. CBP is publishing a new system of records notice in order to
permit the traveling public greater access to individual information
and a more complete understanding of how and where information
pertaining to them is collected and maintained.
DATES: The new system of records will be effective September 24, 2007.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2007-0041 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, 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 https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Office of
International Trade, Regulations & Rulings, Mint Annex, 1300
Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues
contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Advance Passenger Information System (APIS) was originally
developed as a voluntary program by the former U.S. Customs Service
(Customs Service) in 1988 in cooperation with the former U.S.
Immigration and Naturalization Service (INS) and the airline industry.
Previously, this information was maintained within the Treasury
Enforcement Communications System (TECS) and was covered by a system of
records notice published for TECS. The most recent TECS SORN was
published at 66 FR 52984 (Oct 18, 2001). In the original APIS
regulation, commercial air and vessel carriers collected passengers'
biographical data and transmitted the data to the Customs Service while
the flight or the vessel was en route to the United States. The Customs
Service Data Center used APIS data to perform a check against CBP's law
enforcement databases, as well as information from the Federal Bureau
of Investigations Terrorist Screening Center's Terrorist Screening
Database (TSDB), information on individuals with outstanding wants or
warrants, and information from other government agencies regarding high
risk parties. Through the legacy voluntary APIS data program, checks
were performed in advance of the arrival of the aircraft or vessel. The
results were referenced by Customs agents or inspectors once the
passengers arrived. This resulted in a significant time savings for the
clearance of passengers and carriers.
The Aviation and Transportation Security Act of 2001 and the
Enhanced Border Security and Visa Entry Reform Act of 2002 provided
specific authority for the mandatory collection of certain information
on all passenger and crewmembers that arrive in or depart from the
United States on a commercial air or vessel carrier. The information is
required to be collected and submitted to CBP as APIS data.
The information that is required to be collected and submitted to
the APIS can be found on routine arrival/departure documents that
passengers and crewmembers must provide to CBP, when entering or
departing the United States. APIS includes complete name, date of
birth, gender, country of citizenship, passport/alien registration
number and country of issuance, passport expiration date, country of
residence, status on board the aircraft, travel document type, United
States destination address (except for U.S. Citizens, lawful permanent
residents, crew and those in transit), place of birth and address of
permanent residence (flight crew only), pilot certificate number and
country of issuance (flight crew only, if applicable) and the Passenger
Name Record (PNR) locator number. The PNR locator number allows CBP to
access PNR consistent with its regulatory authority under 19 CFR
122.49d.
Additionally, air and vessel carriers must provide the airline
carrier code, flight number, vessel name, vessel country of registry/
flag, International Maritime Organization number or other official
number of the vessel, voyage number, date of arrival/departure, foreign
airport/port where the passengers and crew members began their air/sea
transportation to the United States; for passengers and crew members
destined for the United States, the location where the passengers and
crew members will undergo customs and immigration clearance by CBP; and
for passengers and crew members that are transiting through (and crew
on flights over flying) the United States and not clearing CBP, the
foreign airport/port of ultimate destination, and status on board
(whether an individual is crew or non-crew); and for passengers and
crew departing the United States, the final foreign airport/port of
arrival.
CBP will collect the passengers' and crewmembers' information that
is supplied by the air or vessel carriers in advance of a passenger's
and crewmember's arrival in or departure from (and, for crew on flights
over flying) the United States and maintains this information in the
Advance Passenger Information System. The information will be used to
perform counterterrorism, law enforcement, and public security queries
to identify risks to the aircraft or vessel, to its occupants, or to
the United States and to expedite CBP processing.
Under the Final Rule revision to APIS (70 FR 17820 (Apr. 7, 2005)),
CBP mandates that air and vessel carriers collect personally
identifiable information about passengers and crewmembers (including
``non-crew'' as defined in the 2005 APIS Final Rule) traveling by air
or sea, and arriving in,
[[Page 48350]]
or departing from (and, in the case of crew, flights overflying), the
United States from the respective carriers--this information is often
collected and maintained on what is referred to as the manifest. The
information that is required to be collected and submitted to APIS can
be found on routine travel documents that passengers and crewmembers
must provide when processed into or out of the United States (and most
of the information is included on the Machine Readable Zone (MRZ) of
most passports).
The purpose of the information collection is to screen passengers
and crew members arriving from foreign travel points and departing the
United States to identify those persons who may pose a risk to border,
aviation or public security, may be a terrorist or suspected terrorist
or affiliated with or suspected of being affiliated with terrorists,
may be inadmissible, may be a person of interest, or may otherwise be
engaged in activity in violation of U.S. law, or the subject of wants
or warrants. The system allows CBP to facilitate effectively and
efficiently the entry and departure of legitimate travelers into and
from the United States. Using APIS, DHS officers can quickly reference
the results of the advanced research that has been conducted through
CBP's law enforcement databases, including information from the TSDB
and information on individuals with outstanding wants or warrants,
confirm the accuracy of that information by comparison with information
obtained from the traveler (passenger and crew) and from the carriers,
and make immediate determinations as to a traveler's security risk,
admissibility and other determinations bearing on CBP's inspectional
and screening processes.
Information collected in APIS is maintained for a period of no more
than twelve months from the date of collection at which time the data
is erased from APIS. Following CBP processing, a copy of certain
information is transferred to the Border Crossing Information System, a
subsystem of TECS. During physical processing at the border, primary
inspection lane and ID inspector are added to APIS and the APIS
information is verified. This information derived from APIS includes:
complete name, date of birth, gender, date of arrival, date of
departure, time arrived, means of arrival (air/sea), travel document,
departure location, airline code, flight number, and the result of the
CBP processing. Additionally, for individuals subject to US-VISIT
requirements, a copy of certain APIS data is transferred to the Arrival
and Departure Information System (ADIS) for effective and efficient
tracking of foreign nationals, including to help identify lawfully
admitted non-immigrants who remain in the United States beyond the
period of authorized stay. US-VISIT currently applies to all visitors
(with limited exemptions). The SORN for ADIS was last published on
December 12, 2003 (68 FR 69412). The information transferred from APIS
to ADIS includes: Complete name, date of birth, gender, citizenship,
country of residence, status on board the vessel, U.S. destination
address, passport number, expiration date of passport, country of
issuance (for non-immigrants authorized to work), alien registration
number, port of entry, entry date, port of departure, and departure
date.
II. Privacy Act
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 personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the 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. APIS involves the collection
of information that will be maintained in a system of records.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses to which
personally identifiable information is put, and to assist the
individual to more easily find such files within the agency. Below is
the description of system of records referred to as the Advanced
Passenger Information System.
In accordance with 5 U.S.C. 552a(r), a report concerning this
record system has been sent to the Office of Management and Budget and
to the Congress.
DHS/CBP-005
SYSTEM NAME:
Advanced Passenger Information System (APIS)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This computer database is located at U.S. Customs and Border
Protection (CBP) National Data Center in Washington, DC. Computer
terminals are located at customhouses, border ports of entry, airport
inspection facilities under the jurisdiction of the Department of
Homeland Security (DHS) and other locations at which DHS authorized
personnel may be posted to facilitate DHS's mission. Terminals may also
be located at appropriate facilities for other participating government
agencies.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this notice consist of:
A. Passengers who arrive and depart the United States by air or
sea, including those in transit through the United States or beginning
or concluding a portion of their international travel by flying
domestically within the United States,
B. Crew members who arrive and depart the United States by air or
sea, including those in transit through the United States or beginning
or concluding a portion of their international travel by flying
domestically within the United States, and
C. Crew members on aircraft that overfly the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the database are comprised of the following
information: complete name, date of birth, gender, country of
citizenship, passport/alien registration number and country of
issuance, passport expiration date, country of residence, status on
board the aircraft, travel document type, United States destination
address (except for U.S. Citizens, lawful permanent residents, crew and
those in transit), place of birth and address of permanent residence
(flight crew only), pilot certificate number and country of issuance
(flight crew only, if applicable), the PNR locator number, primary
inspection lane, ID inspector, and records containing the results of
comparisons of individuals to information maintained in CBP's law
enforcement databases, as well as information from the TSDB,
information on individuals with outstanding wants or warrants, and
information from other government agencies regarding high risk parties.
In addition, carriers or operators covered by the APIS rules must
transmit
[[Page 48351]]
to CBP the following information: airline carrier code, flight number,
vessel name, vessel country of registry/flag, International Maritime
Organization number or other official number of the vessel, voyage
number, date of arrival/departure, foreign airport/port where the
passengers and crew members began their air/sea transportation to the
United States; for passengers and crew members destined for the United
States, the location where the passengers and crew members will undergo
customs and immigration clearance by CBP; and for passengers and crew
members that are transiting through (and crew on flights over flying)
the United States and not clearing CBP, the foreign airport/port of
ultimate destination; and for passengers and crew departing the United
States, the final foreign airport/port of arrival.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Aviation and Transportation Security Act of 2001, the Enhanced
Border Security and Visa Reform Act of 2002, and the Intelligence
Reform and Terrorism Prevention Act of 2004, also the Tariff Act of
1930, as amended, including 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448,
1459, 1590, 1594, 1623, 1624, 1644, and 1644a.
Purpose(s):
The purpose of the collection is to screen passengers and crew
arriving in, transiting through and departing from (and in the case of
crew, overflying) the United States to identify those passengers and
crew who may pose a risk to border, aviation or public security, may be
a terrorist or suspected terrorist or affiliated with or suspected of
being affiliated with terrorists, may be inadmissible, may be a person
of interest, or may otherwise be engaged in activity in violation of
U.S. law, or the subject of wants or warrants.
APIS allows CBP to facilitate more effectively and efficiently the
entry of legitimate travelers into the United States and the departure
of legitimate travelers from the United States. As travelers prepare to
depart for or from the United States, DHS officers, using APIS, can
quickly cross-reference the results of the advanced research that has
been conducted through CBP's law enforcement databases, as well as
using information from the TSDB, information on individuals with
outstanding wants or warrants, and information from other government
agencies regarding high risk parties, confirm the accuracy of that
information by comparison of it with information obtained from the
traveler and from the carriers, and make immediate determinations with
regard to the traveler's security risk, admissibility and other
determinations bearing on CBP's inspectional and screening processes.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where DHS believes the information would assist enforcement of
civil or criminal laws;
B. To Federal and foreign government intelligence or
counterterrorism agencies or components where CBP becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
C. To an organization or individual in either the public or private
sector, either foreign or domestic, where there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life, property or other vital interests
of a data subject and disclosure is proper and consistent with the
official duties of the person making the disclosure;
D. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or for combating other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk;
E. To a court, magistrate, or administrative tribunal 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 response to a subpoena, or in connection with
criminal law proceedings;
F. To third parties during the course of an law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate in the proper
performance of the official duties of the officer making the
disclosure;
G. To an agency, organization, or individual for the purposes 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;
H. To a Congressional office, for 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;
I. To an appropriate Federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agency's decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, or other benefit, or if the information is
relevant and necessary to a DHS decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit and when
disclosure is appropriate to the proper performance of the official
duties of the person making the request;
J. To contractors, grantees, experts, consultants, and others
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government, when
necessary to accomplish an agency function related to this system of
records, in compliance with the Privacy Act of 1974, as amended;
K. To the U. S. Department of Justice (including U.S. Attorney
offices) or other Federal agency 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
(2) any employee of DHS in his/her official capacity, or (3) any
employee of DHS in his/her individual capacity where DOJ or DHS has
agreed to represent said employee, or (4) the United States or any
agency thereof;
L. 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. Sections 2904 and
2906;
[[Page 48352]]
M. To appropriate Federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
CBP is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance border security or
identify other violations of law;
N. To appropriate agencies, entities, and persons when (1) it is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) CBP 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 CBP or another agency
or entity) that rely upon the compromised information; and (3) the
disclosure is made to such agencies, entities, and persons when
reasonably necessary to assist in connection with the CBP's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
O. To the carrier, who submitted traveler, passenger, or crew
information to CBP, but only to the extent that CBP provides a message
indicating that the individual is ``cleared'' or ``not cleared'' to
board the aircraft or depart on the vessel in response to the initial
transmission of information, or is identified as a ``selectee''.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
The data is stored electronically at the CBP Data Center for
current data and offsite at an alternative data storage facility for
historical logs and system backups.
Retrievability:
The data is retrievable by name or other unique personal identifier
from an electronic database.
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 role-based access
provisions, restricting access to authorized personnel who have a need-
to-know, using locks, and password protection identification features.
DHS file areas are locked after normal duty hours and the facilities
are protected from the outside by security personnel.
The system manager, in addition, has the capability to maintain
system back-ups for the purpose of supporting continuity of operations
and the discrete need to isolate and copy specific data access
transactions for the purpose of conducting security incident
investigations.
All communication links with the CBP datacenter are encrypted. The
Databases are fully Certified and Accredited in accordance with the
requirements of the Federal Information Security Management Act
(FISMA).
Although separate notice is being provided for APIS, it continues
to operate within the TECS information technology system architecture;
therefore APIS's technical infrastructure is covered by the approved
TECS Certification and Accreditation under the National Institute of
Standards and Technology. The last certification was in January 2006.
Retention and Disposal:
Information collected in APIS is maintained in this system for a
period of no more than twelve months from the date of collection at
which time the data is erased from APIS. As part of the vetting and CBP
clearance (immigration and customs screening and inspection) of a
traveler, information from APIS is copied to the Border Crossing
Information System, a subsystem of TECS. Additionally, for individuals
subject to US-VISIT requirements, a copy of certain APIS data is
transferred to the Arrival and Departure Information System (ADIS) for
effective and efficient processing of foreign nationals. The SORN for
ADIS was last published on December 12, 2003 (68 FR 69412). Different
retention periods apply for APIS data contained in those systems.
SYSTEM MANAGER(S) AND ADDRESS
Director, Office of Automated Systems, U.S. Customs and Border
Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC
20229.
NOTIFICATION PROCEDURES:
DHS allows persons (including foreign nationals) to seek
administrative access under the Privacy Act to information maintained
in APIS. Persons may only seek access to APIS data that has been
provided by the carrier and of which they are the subject. To determine
whether APIS contains records relating to you, write to the FOIA/
Privacy Act Branch, Office of Field Operations, U.S. Customs and Border
Protection, Room 5.5-C, 1300 Pennsylvania Avenue, NW., Washington, DC
20229 (phone: (202) 344-1850 and fax: (202) 344-2791).
RECORD ACCESS PROCEDURES:
Requests for notification or access must be in writing and should
be addressed to the FOIA/Privacy Act Branch, Office of Field
Operations, U.S. Customs and Border Protection, Room 5.5-C, 1300
Pennsylvania Avenue, NW., Washington, DC 20229. Requests should conform
to the requirements of 6 CFR part 5, subpart B, which provides the
rules for requesting access to Privacy Act records maintained by DHS
and can be found at https://www.dhs.gov/foia. The envelope and letter
should be clearly marked ``Privacy Act Access Request.'' The request
should include a general description of the records sought and must
include the requester's full name, current address, and date and place
of birth. The request must be signed and either notarized or submitted
under penalty of perjury.
If individuals are uncertain what agency handles the information,
they may seek redress through the DHS Traveler Redress Program
(``TRIP'') (See 72 Fed. Reg. 2294, dated January 18, 2007). Individuals
who believe they have been improperly denied entry, refused boarding
for transportation, or identified for additional screening by CBP may
submit a redress request through the TRIP. TRIP is a single point of
contact for individuals who have inquiries or seek resolution regarding
difficulties they experienced during their travel screening at
transportation hubs--like airports, seaports and train stations or at
U.S. land borders. Through TRIP, a traveler can request correction of
erroneous stored in other DHS databases through one application.
Redress requests should be sent to: DHS Traveler Redress Inquiry
Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-
4220 or online at https://www.dhs.gov/trip.
CONTESTING RECORD PROCEDURES:
Individuals may seek redress and/or contest a record through
several different means that will be handled in the same fashion. If
the individual is aware the information is specifically handled by CBP,
requests may be sent directly to CBP at the FOIA/Privacy Act Branch,
Office of Field Operations, U.S. Customs and Border Protection, Room
5.5-C, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone:
(202) 344-1850 and fax: (202) 344-2791). If the individual is uncertain
what agency is responsible for maintaining the information, redress
requests may be
[[Page 48353]]
sent to DHS TRIP at DHS Traveler Redress Inquiry Program (TRIP), 601
South 12th Street, TSA-901, Arlington, VA 22202-4220 or online at
https://www.dhs.gov/trip.
RECORD SOURCE CATEGORIES:
The system contains data received from aircraft operators/carriers
and vessel carriers regarding passengers and crewmembers who arrive in,
depart from, transit through or overfly (in the case of flight crew
only) the United States on an air or vessel carrier covered by APIS
regulations. During physical processing at the border, primary
inspection lane and ID inspector are added to APIS, and the APIS
information is verified using the travel documents. Additionally,
records contain the results of comparisons of individuals to
information maintained in CBP law enforcement databases, as well as
information from the TSDB, information on individuals with outstanding
wants or warrants, and information from other government agencies
regarding high risk parties.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption shall be asserted with respect to information
maintained in the system that is collected from a person and submitted
by that person's air or vessel carrier, if that person, or his or her
agent, seeks access or amendment of such information.
This system, however, may contain records or information recompiled
from or created from information contained in other systems of records,
which are exempt from certain provisions of the Privacy Act. For these
records or information only, in accordance with 5 U.S.C. 552a (j)(2),
and (k)(2), DHS will also claim the original exemptions for these
records or information from subsections (c)(3) and (4); (d)(1), (2),
(3), and (4); (e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f),
and (g) of the Privacy Act of 1974, as amended, as necessary and
appropriate to protect such information.
Dated: August 8, 2007.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E7-15976 Filed 8-22-07; 8:45 am]
BILLING CODE 4410-10-P