Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection-Electronic System for Travel Authorization (ESTA), Systems of Records, 32720-32724 [E8-12789]
Download as PDF
dwashington3 on PRODPC61 with NOTICES
32720
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
in the Federal Register (72 FR 40320).
On September 17, 2007, and December
5, 2007, the RAC discussed this
proposed action and a proposed action
to allow the transfer of chloramphenicol
resistance into R. typhi. The RAC
reviewed the three public comments
received regarding the transfer of
chloramphenicol resistance to R. conorii
and to R. typhi. The RAC unanimously
recommended that the transfer of
chloramphenicol resistance to R. conorii
be approved at this time and the
majority of the members present did not
recommend the transfer of
chloramphenicol resistance to R. typhi.
On April 7, 2008, the NIH Director
approved the transfer of
chloramphenicol resistance to R. conorii
with the following containment
provisions/stipulations:
(1) Perform all research involving the
introduction of chloramphenicol
resistance into Rickettsia conorii at
minimum biosafety level 3 (BL–3)
containment. Access will therefore be
restricted to well-trained personnel
whose presence is required for the
conduct of this work. In addition, there
must be a standard training procedure to
make sure that personnel are trained
and training is ongoing.
(2) Maintain at least one back-up
power source to insure computer based
security remains in place at all times.
(3) Include a signature nucleic acid
sequence (‘‘bar-code’’) to allow
identification of laboratory-created
(chloramphenicol resistant) strains.
(4) Incorporate the following elements
into a health surveillance program for
individuals working with
chloramphenicol resistant R. conorii:
(a) Exclude those with a known
allergy or sensitivity to tetracycline, and
in particular doxycycline, from working
with chloramphenicol resistant
R. conorii;
(b) Obtain and store a baseline blood
sample from laboratory workers;
(c) Do not permit pregnant
individuals to work in any laboratory in
which chloramphenicol resistant
rickettsia is being handled;
(d) Provide workers education on the
possible clinical manifestations of a
rickettsial laboratory acquired infection;
(e) Develop a medical card that would
be carried by all laboratory workers that
includes at a minimum the following:
(i) Identification of the organism to
which the labworker has been exposed;
(ii) Identification of key personnel
responsible for providing diagnosis and
treatment;
(iii) A CDC telephone number for
reporting the infection and obtaining
treatment recommendations; and
VerDate Aug<31>2005
15:35 Jun 09, 2008
Jkt 211001
(iv) A twenty-four hour contact
number for the principal investigators.
(5) Have a detailed standard operating
procedures outlining the specific steps
to be taken in the case of a laboratory
exposure or infection containing at a
minimum:
(a) Identification of key personnel
who would provide diagnostic testing
and treatment; and
(b) Instructions on managing
exposures or infections discovered
during off hours (after close of business,
holidays, weekends, etc.).
Additions to Appendix D of the NIH
Guidelines: In accordance with Section
III–A of the NIH Guidelines, Appendix
D of the NIH Guidelines will be
modified as follows to reflect the recent
approvals for the transfer of drug
resistance traits to microorganisms.
Specifically, Appendix D will be
modified to include approval of
experiments to be conducted by Dr.
Daniel Rockey, Oregon State University
and Dr. Walter Stamm, University of
Washington in which tetracycline
resistance will be transferred into
Chlamydia trachomatis (72 FR 61661)
and approval of the Dr. Walker’s
experiment to transfer chloramphenicol
resistance to Rickettsia conorii.
Appendix D–116. Dr. Daniel Rockey at
Oregon State University and Dr. Walter
Stamm at the University of Washington
may conduct experiments to
deliberately transfer a gene encoding
tetracycline resistance from Chlamydia
suis (a swine pathogen) into C.
trachomatis (a human pathogen). This
approval is specific to Drs. Rockey and
Stamm and research with these resistant
organisms may only occur under the
conditions specified by the NIH
Director. It should be noted that any
work involving the introduction of
tetracycline resistance into C.
trachomatis by other investigators
would need to be reviewed by the RAC
and specifically approved by the NIH
Director. This approval was effective as
of September 24, 2007 (72 FR 61661).
Appendix D–117. Dr. David Walker at
the University of Texas Medical Branch
at Galveston may conduct experiments
to deliberately introduce a gene
encoding chloramphenicol resistance
into Rickettsia conorii. This approval is
specific to Dr. Walker and research with
these resistant organisms may only
occur under the conditions specified by
the NIH Director. It should be noted that
any work involving the introduction of
chloramphenicol resistance into R.
conorii by other investigators would
need to be reviewed by the RAC and
specifically approved by the NIH
Director. This approval was effective as
of April 7, 2008.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
Dated: June 3, 2008.
Amy P. Patterson,
Director, Office of Biotechnology Activities.
[FR Doc. E8–12924 Filed 6–9–08; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[DHS–2008–0052]
Privacy Act of 1974; Department of
Homeland Security, U.S. Customs and
Border Protection—Electronic System
for Travel Authorization (ESTA),
Systems of Records
Privacy Office; Office of the
Secretary; DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
SUMMARY: To provide notice and
transparency to the public, the
Department of Homeland Security, U.S.
Customs and Border Protection
announces a new Privacy Act system of
records, the Electronic System for
Travel Authorization, to collect and
maintain a record of nonimmigrant
aliens who want to travel to the United
States under the Visa Waiver Program
(VWP). This new system will determine
whether the applicant is eligible to
travel to the United States under the
VWP by checking their information
against various security and law
enforcement databases. CBP is
publishing a new system of records
notice to permit the traveling public
greater access to individual information
and to provide a more complete
understanding of how and where
information pertaining to them is
collected and maintained.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the public is given
a 30-day period in which to comment
on this notice; and the Office of
Management and Budget (OMB), which
has oversight responsibility under the
Act, requires a 40-day period in which
to conclude its review of the system.
Therefore, the public, OMB, and
Congress are invited to submit
comments by July 21, 2008.
ADDRESSES: You may submit comments,
identified by DHS–2008–0052 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.
E:\FR\FM\10JNN1.SGM
10JNN1
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
• 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
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:
dwashington3 on PRODPC61 with NOTICES
FOR FURTHER INFORMATION CONTACT:
I. Background
The priority mission of U.S. Customs
and Border Protection (CBP) is to
prevent terrorists and terrorist weapons
from entering the country while
facilitating legitimate travel and trade.
Upon arrival in the United States, all
individuals crossing the border are
required to clear CBP. As part of this
clearance process, CBP reserves the
right to verify the identity, nationality,
and determine admissibility of persons
traveling to the United States and to
create records to assist in this process.
Similarly, CBP has authority to keep
records of departures from the United
States.
CBP does not require that qualifying
nationals of countries participating in
the VWP present a visa upon their
application for admission at a United
States port of entry as a nonimmigrant
visitor for a period of 90 days or less.
As required by Section 711 of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (9/11
Act), DHS/CBP will be implementing an
Electronic System for Travel
Authorization (ESTA) in order to
determine, in advance of departure,
whether a traveler is eligible to travel to
the United States under the VWP and
whether such travel poses a law
enforcement or security risk.
Applicants under this program will
electronically provide information via
an online application prior to traveling
to the United States by air or sea. ESTA
will store that information in an
account. The individual will have the
opportunity to verify the accuracy of the
VerDate Aug<31>2005
15:35 Jun 09, 2008
Jkt 211001
information entered in ESTA during the
application process and before the
application is submitted through ESTA.
Applicants will be given a tracking
number which, combined with some
personal information already provided
to the system, will allow the applicant
to submit updates to data elements that
do not affect their admissibility, or
apply for a new ESTA.
Once an applicant has submitted the
required information to ESTA, the
information supplied by the applicant
will be used to automatically query
terrorist and law enforcement databases
to determine whether the applicant is
eligible to travel to the United States
under the VWP. When possible matches
to derogatory information are found,
applications will be vetted through
normal CBP procedures. During this
time, the applicant will receive a
‘‘pending’’ status. If the applicant is
cleared to travel under the VWP, he or
she will receive an ‘‘authorized to
travel’’ status via the ESTA Web site. If
the applicant is not cleared for travel,
the applicant will receive a ‘‘not
authorized to travel’’ status and be
directed to the State Department Web
site to obtain information on how to
apply for a visa at a U.S. consulate or
embassy. The Department of State will
have access to the information supplied
by the applicant and the ESTA results
to assist in determining whether to issue
a visa.
Carriers, when querying the applicant
through the Advance Passenger
Information System/APIS Quick Query
(APIS/AQQ) system to determine
whether a boarding pass should be
issued, will be notified whether the
applicant traveler has been authorized
to travel, not authorized to travel,
pending, or has not applied for an
ESTA. VWP travelers must have an
authorized ESTA or a visa to be issued
a boarding pass.
In conjunction with CBP’s final rule
‘‘Advance Electronic Transmission of
Passenger and Crew Member Manifests
for Commercial Aircraft and Vessels,’’
which was published in the Federal
Register on August 23, 2007 (and
became effective on February 19, 2008),
DHS has been coordinating with
commercial aircraft and commercial
vessel carriers on the development and
implementation of messaging
capabilities for passenger data
transmissions that will enable DHS to
provide the carriers with messages
pertaining to a passenger’s boarding
status. A prospective VWP traveler’s
ESTA status is a component of a
passenger’s boarding status that has
been introduced into the plans for
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
32721
implementing messaging capabilities
between DHS and the carriers.
The development and implementation
of the ESTA program will eventually
allow DHS to eliminate the requirement
that VWP travelers complete an I–94W
prior to being admitted to the United
States. Upon ESTA becoming
mandatory, a VWP traveler with valid
ESTA will not be required to complete
the paper Form I–94W when arriving on
a carrier that is capable of receiving and
validating messages pertaining to the
traveler’s ESTA status as part of the
traveler’s boarding status.
Consistent with DHS’s information
sharing mission, information stored in
the ESTA may be shared with other
DHS components, as well as appropriate
Federal, State, local, tribal, foreign, or
international government agencies. This
sharing will only take place after DHS
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
II. Privacy 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 individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and legal
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
to make agency record keeping practices
transparent, to notify individuals
E:\FR\FM\10JNN1.SGM
10JNN1
32722
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
regarding the uses to which their
records are put, and to assist individuals
to more easily find such files within the
agency. Below is the description of the
ESTA system of records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system/system change to the Office of
Management and Budget and to
Congress.
SYSTEM OF RECORDS:
DHS/CBP–009.
SYSTEM NAME:
Electronic System for Travel
Authorization (ESTA).
SYSTEM CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This computer database is located at
the U.S. Customs and Border Protection
(CBP) National Data Center. Computer
terminals are located at customhouses,
border ports of entry, airport inspection
facilities under the jurisdiction of the
Department of Homeland Security 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, which have obtained system
access pursuant to a Memorandum of
Understanding.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by ESTA consist
of foreign nationals from VWP countries
who are seeking to enter the United
States by air or sea under the VWP.
Under the Immigration and Nationality
Act (INA), title 8 of the United States
Code, these persons are required to
report their arrival and departure to and
from the United States. This system
only collects information pertaining to
persons in non-immigrant status, that is,
persons who are not covered by the
protections of the Privacy Act at the
time they provide their information.
However, given the importance of
providing privacy protections to
international travelers, DHS has decided
to apply the privacy protections and
safeguards outlined in this notice to all
international travelers subject to ESTA.
dwashington3 on PRODPC61 with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
•
•
•
•
•
Full Name (First, Middle, and Last)
Date of birth
Gender
E-mail address
Phone Number
VerDate Aug<31>2005
15:35 Jun 09, 2008
Jkt 211001
• Travel document type (e.g.,
passport), number, issuance date,
expiration date and issuing country
• Country of Citizenship
• Date of crossing
• Airline and Flight Number
• City of Embarkation
• Address while visiting the United
States (Number, Street, City, State)
• Whether the individual has a
communicable disease, physical or
mental disorder, or is a drug abuser or
addict
• Whether the individual has been
arrested or convicted for a moral
turpitude crime, drugs, or has been
sentenced for a period longer than five
years
• Whether the individual has engaged
in espionage, sabotage, terrorism or Nazi
activity between 1933 and 1945
• Whether the individual is seeking
work in the U.S.
• Whether the individual has been
excluded or deported, or attempted to
obtain a visa or enter U.S. by fraud or
misrepresentation
• Whether the individual has ever
detained, retained, or withheld custody
of a child from a U.S. citizen granted
custody of the child
• Whether the individual has ever
been denied a U.S. visa or entry into the
U.S., or had a visa cancelled. (If yes,
when and where)
• Whether the individual has ever
asserted immunity from prosecution
• Any change of address while in the
U.S.
• ESTA Tracking Number
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002,
Public Law 107–296; 5 U.S.C. 301 and
Section 711 of the Implementing
Recommendations of the 9/11
Commission Act of 2007 (9/11 Act),
(Pub. L. 110–53).
PURPOSE:
(1) To create a system where foreign
nationals of VWP countries may apply
for and secure advance authorization to
travel to the United States under the
VWP;
(2) to afford DHS the opportunity to
fully screen (vet) the applicant before
granting the authorization to travel to
the United States under the VWP.
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 to authorized entities, as is
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
determined to be relevant and
necessary, outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function;
B. To appropriate agencies, entities,
and persons when (1) DHS suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Department or another agency or entity)
or to the individual that rely upon the
compromised information; and (3) the
disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
the Department’s efforts to respond to
the suspected or confirmed compromise
and prevent, minimize, or remedy such
harm;
C. To a Congressional office from the
record of an individual in response to
an inquiry from that Congressional
office made at the request of the
individual to whom the record pertains.
D. To contractors, grantees, experts,
consultants, and the agents thereof, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees;
E. To appropriate Federal, State, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purpose of
protecting the vital health interests of a
data subject or other persons (e.g. to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
threat or risk);
F. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
E:\FR\FM\10JNN1.SGM
10JNN1
dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
G. 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, license, or treaty
where DHS determines that the
information would assist in the
enforcement of civil or criminal laws;
H. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure;
I. To the Department of Justice
(including U.S. Attorney offices) or
other Federal agencies 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 : (a) DHS or any
component thereof, or (b) any employee
of DHS in his/her official capacity, or (c)
any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee, or
(d) the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
J. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906;
K. To a Federal, State, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection with the operations of a DHS
component or program; (2) for the
purpose of verifying the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or (3) for the
purpose of verifying the accuracy of
VerDate Aug<31>2005
15:35 Jun 09, 2008
Jkt 211001
information submitted by an individual
who has requested such redress on
behalf of another individual;
L. To Federal and foreign government
intelligence or counterterrorism
agencies when DHS reasonably believes
there to be a threat or potential threat to
national or international security for
which the information may be useful in
countering the threat or potential threat,
when DHS reasonably believes 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;
M. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements;
N. 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 or property and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure;
O. To the carrier transporting an
individual to the United States, but only
to the extent that CBP provides
information that the individual is
authorized to travel, not authorized to
travel, pending, has not applied.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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. Applicants who submit their
information online through ESTA will
have their information stored in online
accounts.
RETRIEVABILITY:
These records may be searched by any
of the data elements supplied by the
applicant. An admission number, issued
at each entry to the United States to
track the particular admission, may also
be used to identify a database record.
ESTA will not allow applicants to
retrieve directly any information from
the system, except for their ESTA
determination (authorized to travel, not
authorized to travel, pending), but will
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
32723
allow the applicant to submit limited
updates to data elements that do not
affect their admissibility.
SAFEGUARDS:
All ESTA records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include all of the following:
restricting access to those with a ‘‘need
to know’’; using locks, alarm devices,
and passwords; compartmentalizing
databases; auditing software; and
encrypting data communications.
ESTA information is secured in full
compliance with the requirements of the
DHS IT Security Program Handbook.
This handbook establishes a
comprehensive program, consistent
with federal law and policy, to provide
complete information security,
including directives on roles and
responsibilities, management policies,
operational policies, and application
rules, which will be applied to
component systems, communications
between component systems, and at
interfaces between component systems
and external systems.
One aspect of the DHS comprehensive
program to provide information security
involves the establishment of rules of
behavior for each major application,
including ESTA. These rules of behavior
require users to be adequately trained
regarding the security of their systems.
These rules also require a periodic
assessment of technical, administrative
and managerial controls to enhance data
integrity and accountability. System
users must sign statements
acknowledging that they have been
trained and understand the security
aspects of their systems. System users
must also complete annual privacy
awareness training to maintain current
access.
ESTA transactions are tracked and
can be monitored. This allows for
oversight and audit capabilities to
ensure that the data is being handled
consistent with all applicable federal
laws and regulations regarding privacy
and data integrity. Data exchange,
which will take place over an encrypted
network between the applicant or a
third party submitter on behalf of the
applicant, CBP, the carrier industry,
Department of State, and other DHS
components that have access to the
ESTA data, is limited and confined only
to those entities that have a need for the
data in the performance of official
duties. These encrypted networks
comply with standards set forth in the
Interconnection Security Agreements
required to be executed prior to external
access to a CBP computer system.
E:\FR\FM\10JNN1.SGM
10JNN1
32724
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices
For applicants submitting information
to ESTA, access is limited to the online
application and the applicant’s ESTA
determination (authorized to travel, not
authorized to travel, pending).
Applicants under ESTA do not have
access to any other portions of ESTA.
RETENTION AND DISPOSAL:
Information submitted to ESTA
generally expires and is deemed
‘‘inactive’’ two years after the last
submission or change in information by
the applicant. In the event that a
traveler’s passport remains valid for less
than two years from the date of the
ESTA approval, the ESTA will expire
concurrently with the passport.
Information in ESTA will be retained for
one year after the ESTA expires. After
this period, the inactive account
information will be purged from online
access and archived for 12 years. Data
linked, at any time during the 15 year
retention period (3 years active, 12 years
archived), to active law enforcement
lookout records, CBP matches to
enforcement activities, and/or
investigations or cases, including
applications for ESTA that are denied,
will remain accessible for the life of the
law enforcement activities to which
they may become related. NARA
guidelines for retention and archiving of
data will apply to ESTA and CBP is in
negotiation with NARA for approval of
the ESTA data retention and archiving
plan.
The ESTA will over time replace the
paper I–94W form. In those instances
where an ESTA is then used in lieu of
a paper I–94W, the ESTA will be
maintained in accordance with the
retention schedule for I–94W, which is
75 years. I–94W and I–94 data are
maintained for this period of time in
order to ensure that the information
related to a particular admission to the
United States is available for providing
any applicable benefits related to
immigration or other enforcement
purposes.
SYSTEM MANAGER(S) AND ADDRESS:
dwashington3 on PRODPC61 with NOTICES
DHS allows persons (including
foreign nationals) to seek administrative
access under the Privacy Act to
information maintained in ESTA. To
determine whether ESTA contains
records relating to you, write to the CBP
Customer Service Center (Rosslyn VA),
1300 Pennsylvania Avenue, NW.,
Jkt 211001
RECORD ACCESS PROCEDURES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Requests for notification or access
must be in writing and should be
addressed to the Customer Service
Center, OPA—CSC—Rosslyn, U.S.
Customs and Border Protection, 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. 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.
Individuals may seek redress through
the DHS Traveler Redress Program
(‘‘TRIP’’) (See 72 FR 2294, dated January
18, 2007). Individuals who, for example,
believe they have been improperly
denied entry, refused boarding for
transportation, or identified for
additional screening by a DHS
component 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 such as airports and
train stations or when crossing U.S.
borders. Through TRIP, a traveler can
correct erroneous information stored in
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.
No exemption shall be asserted with
respect to information maintained in the
system as it relates to data submitted by
or on behalf of a person who travels to
visit the United States and crosses the
border, nor shall an exemption be
asserted with respect to the resulting
determination (authorized to travel,
pending, or not authorized to travel).
Information in the system may be
shared with law enforcement and/or
intelligence agencies pursuant to the
above routine uses. The Privacy Act
requires DHS to maintain an accounting
of the disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence
agencies has sought particular records
may affect ongoing law enforcement or
intelligence activity. As such pursuant
to 5 U.S.C. 552 a (j)(2) and (k)(2), DHS
will claim exemption from (c)(3), (e)(8),
and (g) of the Privacy Act of 1974, as
amended, as is necessary and
appropriate to protect this information.
CONTESTING RECORD PROCEDURES:
RECORD SOURCE CATEGORIES:
NOTIFICATION PROCEDURES:
15:35 Jun 09, 2008
in ESTA. ‘‘Pending’’ will be resolved to
‘‘authorized to travel’’ or ‘‘not
authorized to travel’’ based on further
research by the CBP.
See the ‘‘Record Access Procedures’’
above.
Director, Office of Automated
Systems, U.S. Customs and Border
Protection Headquarters, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20229.
VerDate Aug<31>2005
Washington, DC 20229; Telephone (877)
227–5511; or through the ‘‘Questions’’
tab at https://www.cbp.gov.xp.cgov/
travel/customerservice.
The system obtains information from
the online ESTA application submitted
by the applicant. This information is
processed by the Automated Targeting
System (ATS) (to screen for terrorists or
threats to aviation and border security)
and the Treasury Enforcement
Communications System (TECS) (for
matches to persons identified to be of
law enforcement interest), and result of
‘‘authorized to travel’’, ‘‘not authorized
to travel’’, or ‘‘pending’’ is maintained
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
Dated: June 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–12789 Filed 6–6–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Agency Information Collection
Activities: Report of Diversion
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day Notice and request for
comments; Extension of an existing
information collection: 1651–0025;
proposed collection; comments
requested.
AGENCY:
SUMMARY: U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security has submitted the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act: Report of Diversion.
This is a proposed extension of an
information collection that was
previously approved. CBP is proposing
that this information collection be
extended with no change to the burden
E:\FR\FM\10JNN1.SGM
10JNN1
Agencies
[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Pages 32720-32724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12789]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[DHS-2008-0052]
Privacy Act of 1974; Department of Homeland Security, U.S.
Customs and Border Protection--Electronic System for Travel
Authorization (ESTA), Systems of Records
AGENCY: Privacy Office; Office of the Secretary; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: To provide notice and transparency to the public, the
Department of Homeland Security, U.S. Customs and Border Protection
announces a new Privacy Act system of records, the Electronic System
for Travel Authorization, to collect and maintain a record of
nonimmigrant aliens who want to travel to the United States under the
Visa Waiver Program (VWP). This new system will determine whether the
applicant is eligible to travel to the United States under the VWP by
checking their information against various security and law enforcement
databases. CBP is publishing a new system of records notice to permit
the traveling public greater access to individual information and to
provide a more complete understanding of how and where information
pertaining to them is collected and maintained.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment on this notice; and the
Office of Management and Budget (OMB), which has oversight
responsibility under the Act, requires a 40-day period in which to
conclude its review of the system. Therefore, the public, OMB, and
Congress are invited to submit comments by July 21, 2008.
ADDRESSES: You may submit comments, identified by DHS-2008-0052 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.
[[Page 32721]]
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 priority mission of U.S. Customs and Border Protection (CBP) is
to prevent terrorists and terrorist weapons from entering the country
while facilitating legitimate travel and trade. Upon arrival in the
United States, all individuals crossing the border are required to
clear CBP. As part of this clearance process, CBP reserves the right to
verify the identity, nationality, and determine admissibility of
persons traveling to the United States and to create records to assist
in this process. Similarly, CBP has authority to keep records of
departures from the United States.
CBP does not require that qualifying nationals of countries
participating in the VWP present a visa upon their application for
admission at a United States port of entry as a nonimmigrant visitor
for a period of 90 days or less. As required by Section 711 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11
Act), DHS/CBP will be implementing an Electronic System for Travel
Authorization (ESTA) in order to determine, in advance of departure,
whether a traveler is eligible to travel to the United States under the
VWP and whether such travel poses a law enforcement or security risk.
Applicants under this program will electronically provide
information via an online application prior to traveling to the United
States by air or sea. ESTA will store that information in an account.
The individual will have the opportunity to verify the accuracy of the
information entered in ESTA during the application process and before
the application is submitted through ESTA. Applicants will be given a
tracking number which, combined with some personal information already
provided to the system, will allow the applicant to submit updates to
data elements that do not affect their admissibility, or apply for a
new ESTA.
Once an applicant has submitted the required information to ESTA,
the information supplied by the applicant will be used to automatically
query terrorist and law enforcement databases to determine whether the
applicant is eligible to travel to the United States under the VWP.
When possible matches to derogatory information are found, applications
will be vetted through normal CBP procedures. During this time, the
applicant will receive a ``pending'' status. If the applicant is
cleared to travel under the VWP, he or she will receive an ``authorized
to travel'' status via the ESTA Web site. If the applicant is not
cleared for travel, the applicant will receive a ``not authorized to
travel'' status and be directed to the State Department Web site to
obtain information on how to apply for a visa at a U.S. consulate or
embassy. The Department of State will have access to the information
supplied by the applicant and the ESTA results to assist in determining
whether to issue a visa.
Carriers, when querying the applicant through the Advance Passenger
Information System/APIS Quick Query (APIS/AQQ) system to determine
whether a boarding pass should be issued, will be notified whether the
applicant traveler has been authorized to travel, not authorized to
travel, pending, or has not applied for an ESTA. VWP travelers must
have an authorized ESTA or a visa to be issued a boarding pass.
In conjunction with CBP's final rule ``Advance Electronic
Transmission of Passenger and Crew Member Manifests for Commercial
Aircraft and Vessels,'' which was published in the Federal Register on
August 23, 2007 (and became effective on February 19, 2008), DHS has
been coordinating with commercial aircraft and commercial vessel
carriers on the development and implementation of messaging
capabilities for passenger data transmissions that will enable DHS to
provide the carriers with messages pertaining to a passenger's boarding
status. A prospective VWP traveler's ESTA status is a component of a
passenger's boarding status that has been introduced into the plans for
implementing messaging capabilities between DHS and the carriers.
The development and implementation of the ESTA program will
eventually allow DHS to eliminate the requirement that VWP travelers
complete an I-94W prior to being admitted to the United States. Upon
ESTA becoming mandatory, a VWP traveler with valid ESTA will not be
required to complete the paper Form I-94W when arriving on a carrier
that is capable of receiving and validating messages pertaining to the
traveler's ESTA status as part of the traveler's boarding status.
Consistent with DHS's information sharing mission, information
stored in the ESTA may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
II. Privacy 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 individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency record keeping practices
transparent, to notify individuals
[[Page 32722]]
regarding the uses to which their records are put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the ESTA system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system/system change to the Office of Management and Budget
and to Congress.
SYSTEM OF RECORDS:
DHS/CBP-009.
SYSTEM NAME:
Electronic System for Travel Authorization (ESTA).
SYSTEM CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This computer database is located at the U.S. Customs and Border
Protection (CBP) National Data Center. Computer terminals are located
at customhouses, border ports of entry, airport inspection facilities
under the jurisdiction of the Department of Homeland Security 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, which have obtained system
access pursuant to a Memorandum of Understanding.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by ESTA consist of foreign nationals from VWP
countries who are seeking to enter the United States by air or sea
under the VWP. Under the Immigration and Nationality Act (INA), title 8
of the United States Code, these persons are required to report their
arrival and departure to and from the United States. This system only
collects information pertaining to persons in non-immigrant status,
that is, persons who are not covered by the protections of the Privacy
Act at the time they provide their information. However, given the
importance of providing privacy protections to international travelers,
DHS has decided to apply the privacy protections and safeguards
outlined in this notice to all international travelers subject to ESTA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name (First, Middle, and Last)
Date of birth
Gender
E-mail address
Phone Number
Travel document type (e.g., passport), number, issuance
date, expiration date and issuing country
Country of Citizenship
Date of crossing
Airline and Flight Number
City of Embarkation
Address while visiting the United States (Number, Street,
City, State)
Whether the individual has a communicable disease,
physical or mental disorder, or is a drug abuser or addict
Whether the individual has been arrested or convicted for
a moral turpitude crime, drugs, or has been sentenced for a period
longer than five years
Whether the individual has engaged in espionage, sabotage,
terrorism or Nazi activity between 1933 and 1945
Whether the individual is seeking work in the U.S.
Whether the individual has been excluded or deported, or
attempted to obtain a visa or enter U.S. by fraud or misrepresentation
Whether the individual has ever detained, retained, or
withheld custody of a child from a U.S. citizen granted custody of the
child
Whether the individual has ever been denied a U.S. visa or
entry into the U.S., or had a visa cancelled. (If yes, when and where)
Whether the individual has ever asserted immunity from
prosecution
Any change of address while in the U.S.
ESTA Tracking Number
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002, Public Law 107-296; 5 U.S.C. 301
and Section 711 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (9/11 Act), (Pub. L. 110-53).
PURPOSE:
(1) To create a system where foreign nationals of VWP countries may
apply for and secure advance authorization to travel to the United
States under the VWP;
(2) to afford DHS the opportunity to fully screen (vet) the
applicant before granting the authorization to travel to the United
States under the VWP.
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 to authorized
entities, as is determined to be relevant and necessary, outside DHS as
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function;
B. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) or to the
individual that rely upon the compromised information; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Department's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm;
C. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual to whom the record pertains.
D. To contractors, grantees, experts, consultants, and the agents
thereof, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for DHS, when
necessary to accomplish an agency function related to this system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to DHS officers and employees;
E. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital health interests of a data subject
or other persons (e.g. to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk);
F. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is
[[Page 32723]]
appropriate to the proper performance of the official duties of the
officer making the disclosure.
G. 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, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws;
H. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure;
I. To the Department of Justice (including U.S. Attorney offices)
or other Federal agencies 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 : (a) DHS or any
component thereof, or (b) any employee of DHS in his/her official
capacity, or (c) any employee of DHS in his/her individual capacity
where DOJ or DHS has agreed to represent the employee, or (d) the
United States or any agency thereof, is a party to the litigation or
has an interest in such litigation, and DHS determines that the records
are both relevant and necessary to the litigation and the use of such
records is compatible with the purpose for which DHS collected the
records.
J. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906;
K. To a Federal, State, tribal, local, international, or foreign
government agency or entity for the purpose of consulting with that
agency or entity: (1) To assist in making a determination regarding
redress for an individual in connection with the operations of a DHS
component or program; (2) for the purpose of verifying the identity of
an individual seeking redress in connection with the operations of a
DHS component or program; or (3) for the purpose of verifying the
accuracy of information submitted by an individual who has requested
such redress on behalf of another individual;
L. To Federal and foreign government intelligence or
counterterrorism agencies when DHS reasonably believes there to be a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when DHS reasonably believes 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;
M. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements;
N. 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 or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure;
O. To the carrier transporting an individual to the United States,
but only to the extent that CBP provides information that the
individual is authorized to travel, not authorized to travel, pending,
has not applied.
Disclosure to consumer reporting agencies:
None.
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. Applicants who submit their
information online through ESTA will have their information stored in
online accounts.
RETRIEVABILITY:
These records may be searched by any of the data elements supplied
by the applicant. An admission number, issued at each entry to the
United States to track the particular admission, may also be used to
identify a database record.
ESTA will not allow applicants to retrieve directly any information
from the system, except for their ESTA determination (authorized to
travel, not authorized to travel, pending), but will allow the
applicant to submit limited updates to data elements that do not affect
their admissibility.
SAFEGUARDS:
All ESTA records are protected from unauthorized access through
appropriate administrative, physical, and technical safeguards. These
safeguards include all of the following: restricting access to those
with a ``need to know''; using locks, alarm devices, and passwords;
compartmentalizing databases; auditing software; and encrypting data
communications.
ESTA information is secured in full compliance with the
requirements of the DHS IT Security Program Handbook. This handbook
establishes a comprehensive program, consistent with federal law and
policy, to provide complete information security, including directives
on roles and responsibilities, management policies, operational
policies, and application rules, which will be applied to component
systems, communications between component systems, and at interfaces
between component systems and external systems.
One aspect of the DHS comprehensive program to provide information
security involves the establishment of rules of behavior for each major
application, including ESTA. These rules of behavior require users to
be adequately trained regarding the security of their systems. These
rules also require a periodic assessment of technical, administrative
and managerial controls to enhance data integrity and accountability.
System users must sign statements acknowledging that they have been
trained and understand the security aspects of their systems. System
users must also complete annual privacy awareness training to maintain
current access.
ESTA transactions are tracked and can be monitored. This allows for
oversight and audit capabilities to ensure that the data is being
handled consistent with all applicable federal laws and regulations
regarding privacy and data integrity. Data exchange, which will take
place over an encrypted network between the applicant or a third party
submitter on behalf of the applicant, CBP, the carrier industry,
Department of State, and other DHS components that have access to the
ESTA data, is limited and confined only to those entities that have a
need for the data in the performance of official duties. These
encrypted networks comply with standards set forth in the
Interconnection Security Agreements required to be executed prior to
external access to a CBP computer system.
[[Page 32724]]
For applicants submitting information to ESTA, access is limited to
the online application and the applicant's ESTA determination
(authorized to travel, not authorized to travel, pending). Applicants
under ESTA do not have access to any other portions of ESTA.
RETENTION AND DISPOSAL:
Information submitted to ESTA generally expires and is deemed
``inactive'' two years after the last submission or change in
information by the applicant. In the event that a traveler's passport
remains valid for less than two years from the date of the ESTA
approval, the ESTA will expire concurrently with the passport.
Information in ESTA will be retained for one year after the ESTA
expires. After this period, the inactive account information will be
purged from online access and archived for 12 years. Data linked, at
any time during the 15 year retention period (3 years active, 12 years
archived), to active law enforcement lookout records, CBP matches to
enforcement activities, and/or investigations or cases, including
applications for ESTA that are denied, will remain accessible for the
life of the law enforcement activities to which they may become
related. NARA guidelines for retention and archiving of data will apply
to ESTA and CBP is in negotiation with NARA for approval of the ESTA
data retention and archiving plan.
The ESTA will over time replace the paper I-94W form. In those
instances where an ESTA is then used in lieu of a paper I-94W, the ESTA
will be maintained in accordance with the retention schedule for I-94W,
which is 75 years. I-94W and I-94 data are maintained for this period
of time in order to ensure that the information related to a particular
admission to the United States is available for providing any
applicable benefits related to immigration or other enforcement
purposes.
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 ESTA. To determine whether ESTA contains records relating to you,
write to the CBP Customer Service Center (Rosslyn VA), 1300
Pennsylvania Avenue, NW., Washington, DC 20229; Telephone (877) 227-
5511; or through the ``Questions'' tab at https://www.cbp.gov.xp.cgov/
travel/customerservice.
RECORD ACCESS PROCEDURES:
Requests for notification or access must be in writing and should
be addressed to the Customer Service Center, OPA--CSC--Rosslyn, U.S.
Customs and Border Protection, 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. 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.
Individuals may seek redress through the DHS Traveler Redress
Program (``TRIP'') (See 72 FR 2294, dated January 18, 2007).
Individuals who, for example, believe they have been improperly denied
entry, refused boarding for transportation, or identified for
additional screening by a DHS component 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 such
as airports and train stations or when crossing U.S. borders. Through
TRIP, a traveler can correct erroneous information stored in 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:
See the ``Record Access Procedures'' above.
RECORD SOURCE CATEGORIES:
The system obtains information from the online ESTA application
submitted by the applicant. This information is processed by the
Automated Targeting System (ATS) (to screen for terrorists or threats
to aviation and border security) and the Treasury Enforcement
Communications System (TECS) (for matches to persons identified to be
of law enforcement interest), and result of ``authorized to travel'',
``not authorized to travel'', or ``pending'' is maintained in ESTA.
``Pending'' will be resolved to ``authorized to travel'' or ``not
authorized to travel'' based on further research by the CBP.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption shall be asserted with respect to information
maintained in the system as it relates to data submitted by or on
behalf of a person who travels to visit the United States and crosses
the border, nor shall an exemption be asserted with respect to the
resulting determination (authorized to travel, pending, or not
authorized to travel).
Information in the system may be shared with law enforcement and/or
intelligence agencies pursuant to the above routine uses. The Privacy
Act requires DHS to maintain an accounting of the disclosures made
pursuant to all routines uses. Disclosing the fact that a law
enforcement or intelligence agencies has sought particular records may
affect ongoing law enforcement or intelligence activity. As such
pursuant to 5 U.S.C. 552 a (j)(2) and (k)(2), DHS will claim exemption
from (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as
is necessary and appropriate to protect this information.
Dated: June 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-12789 Filed 6-6-08; 8:45 am]
BILLING CODE 4410-10-P