Privacy Act of 1974: System of Records, 58857-58861 [2011-24279]
Download as PDF
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–9721.
Dated: September 14, 2011.
Robert Letteney,
Deputy Assistant Secretary for Aviation and
International Affairs.
[FR Doc. 2011–24191 Filed 9–21–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2011–0178]
Privacy Act of 1974: System of
Records
Department of Transportation
(DOT), Office of the Secretary.
ACTION: Notice to establish a system of
records and request for comments.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Transportation proposes to establish a
new Department of Transportation
system of records titled, ‘‘Department of
Transportation/ALL–23 Information
Sharing Environment Suspicious
Activity Reporting Initiative System of
Records.’’ This system of records will
allow DOT to compile suspicious
activity report data that meet the
Information Sharing Environment
Suspicious Activity Reporting
Functional Standard and share these
Suspicious Activity Reporting data with
authorized participants in the
Nationwide Suspicious Activity
Reporting Initiative, including other
DOT operating administrations, Federal
departments and agencies, State, local
and Tribal law enforcement agencies,
and the private sector. Additionally, the
Department of Transportation issued a
Notice of Proposed Rulemaking to
exempt this system from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established system will be included in
the Department of Transportation’s
inventory of record systems.
DATES: Submit comments on or before
October 24, 2011. This new system will
be effective October 24, 2011.
ADDRESSES: You may submit comments,
identified by docket number Docket No.
DOT–OST–2011–0178, by one of the
following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Department of Transportation
Docket Management, Room W12–140,
1200 New Jersey Ave., SE., Washington,
DC 20590.
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
• 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:
Lawrence V. Hopkins, (202–366–6285),
Associate Director for Intelligence,
Department of Transportation,
Washington, DC 20590. For privacy
issues, please contact: Claire W. Barrett
(202–366–8135), Departmental Chief
Privacy Officer, Department of
Transportation, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Transportation (DOT) proposes to
establish a new DOT system of records
titled, ‘‘DOT/ALL–23 Information
Sharing Environment (ISE) Suspicious
Activity Reporting (SAR) Initiative
System of Records.’’
This system of records will allow
DOT operating administrations that
produce, receive, and store suspicious
activity reports (SARs) pursuant to their
existing authorities, responsibilities,
platforms, and programs to compile and
share report data that also meet the ISE–
SAR Functional Standard with
authorized participants in the
Nationwide SAR Initiative (NSI),
including Federal departments and
agencies, State, local and Tribal law
enforcement agencies, and the private
sector. The NSI is one of a number of
government-wide efforts designed to
implement guidelines first issued by the
President on December 16, 2005, for
establishing the ISE pursuant to section
1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004
(IRTPA), as amended. The NSI
establishes a nationwide capability to
gather, document, process, analyze and
share information about suspicious
activity, incidents, or behavior
reasonably indicative of terrorist
activities (hereafter collectively referred
to as suspicious activity or activities) to
enable rapid identification and
mitigation of potential terrorist threats.
There is a long history of
documenting of suspicious activity,
particularly in the law enforcement
community. These reports are
sometimes referred to as suspicious
activity reports, tips and leads, or other
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
58857
similar terms. Federal, State, local and
Tribal agencies and the private sector
currently collect and document
suspicious activities in support of their
responsibilities to investigate and
prevent potential crimes, protect
citizens, and apprehend and prosecute
criminals. Since some of these
documented activities may bear a nexus
to terrorism, the Program Manager for
the Information Sharing Environment
(PM–ISE) developed a standardized
process for identifying, documenting,
and sharing terrorism-related SAR data
(hereinafter referred to as an ‘‘ISE–
SAR’’), which meet the definition and
criteria set forth in the ISE Functional
Standard Suspicious Activity Reporting
(Version 1.5, May 2009) to the
maximum extent possible consistent
with the protection of individual
privacy, civil rights, and civil liberties.
The Functional Standard defines an
ISE–SAR as official documentation of
observed behavior determined to have a
potential nexus to terrorism (i.e., to be
reasonably indicative of criminal
activity associated with terrorism).
Several operating administrations
within DOT regularly observe or
otherwise encounter suspicious
activities while executing their
authorized missions and performing
operational duties. Operating
administrations document those
observations or encounters in SARs.
Across the Department, the operational
setting or context for activities reported
in SARs are as varied as the
Department’s regulatory responsibilities.
Engagement with the NSI will alter
neither those underlying mission
functions nor upset the current
methodologies employed by DOT
operating administrations collecting
information on suspicious activities and
issuing SARs. Rather, the NSI will
facilitate the more effective sharing and
discovery—both internally and between
DOT and external NSI participants—by
incorporating a standardized
technological and functional approach
for recording and storing ISE–SARs
throughout DOT. Once trained in the
NSI program and the application of
these technical and functional
standards, DOT personnel will review
operating administration SARs and
submit the data only from those that
meet the ISE–SAR Functional Standard
into the NSI Shared Space.
In keeping with NSI standards,
whenever suspicious activity is
determined to have a potential nexus to
terrorism, DOT personnel will extract
data from the operating administration
level SARs and input that data in a
standardized format to the NSI Shared
Space. All ISE–SAR data introduced
E:\FR\FM\22SEN1.SGM
22SEN1
58858
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
into the NSI Shared Space are stored
locally, but made available to other
authorized users when a user’s search
criteria are met. For example, DOT ISE–
SAR data remains under the control of
the Department until an authorized user
queries the NSI Shared Space with
terms that match the data in the DOT
ISE–SAR server. The results of each
user’s search or query cannot be
downloaded or edited.
Additionally, DOT issued a Notice of
Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act in the
Federal Register, 76 FR 55334 (Sept. 7,
2011). This newly established system
will be included in the Department of
Transportation’s inventory of record
systems.
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 lawful
permanent residents. As a matter of
policy, DOT 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 DOT by
complying with DOT Privacy Act
regulations, 49 CFR part 10. As
published at 76 FR 55334 (Sept. 7,
2011), the Secretary of Transportation
exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DOT will consider individual requests
to determine whether or not information
may be released.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
their records are put, and to assist
individuals to more easily find such
files within the agency. Below is the
description of the DOT/ALL–23 system
of records.
In accordance with 5 U.S.C. 552a(r),
DOT has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM OF RECORDS
DOT/ALL–23
SYSTEM NAME:
Information Sharing Environment
(ISE) Suspicious Activity Reporting
(SAR) Initiative System of Records.
SECURITY CLASSIFICATION:
Unclassified, sensitive, and law
enforcement sensitive.
SYSTEM LOCATION:
Records are maintained at the
Department of Transportation (DOT)
Headquarters on the DOT Nationwide
Suspicious Activity Report Initiative
(NSI) Shared Space Server in
Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
• DOT employees and contractors
who have submitted ISE–SAR data to
the NSI Shared Space.
• DOT employees and contractors
who use the NSI Shared Space for
conducting research and analysis with a
potential terrorism nexus.
• Federal, State, local, Tribal,
territorial and private sector officials
whose agency or organization is part of
the NSI and have submitted a ISE–SAR
that meets the ISE–SAR Functional
Standard and whose information DOT
personnel have a need to know for the
performance of their official duties.
• Federal, State, local, Tribal,
territorial, and private sector officials
whose agency or organization is an NSI
participant and who use the NSI Shared
Space for conducting research and
analysis with a potential terrorism
nexus.
• Individuals whose behavior is
reasonably indicative of pre-operational
planning related to terrorism or other
criminal activity associated with
terrorism.
• Witnesses who have observed
individuals whose behavior reasonably
is indicative of pre-operational planning
related to terrorism or other criminal
activity associated with terrorism.
• Individuals who have a material
relationship to the activity or behavior
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
reported in an ISE–SAR (e.g., the owner
of a particular vehicle that was observed
in a SAR, where it is unclear whether
the person was actually driving the
vehicle).
CATEGORIES OF RECORDS IN THE SYSTEM:
As described in the ISE–SAR
Functional Standard Version 1.5
published in May 2009, the information
listed below may be maintained in this
system. The ISE–SAR Functional
Standard identifies privacy fields,
which are also noted below.
• Aircraft descriptions, including:
Æ Aircraft engine quality.
Æ Aircraft fuselage color.
Æ Aircraft wing color.
Æ Aircraft ID (privacy field).
Æ Aircraft make code.
Æ Aircraft model code.
Æ Aircraft style code.
Æ Aircraft tail number.
• Attachment:
Æ Attachment type text.
Æ Binary image.
Æ Capture date.
Æ Description text.
Æ Format type text.
Æ Attachment URI.
Æ Attachment privacy field indicator.
• Contact information for the
submitter of the ISE–SAR:
Æ Person first name.
Æ Person last name.
Æ Person middle initial/name.
Æ E-mail address.
Æ Organization/Affiliation.
Æ Full telephone number.
• Driver License:
Æ Expiration date (privacy field).
Æ Expiration year.
Æ Issuing authority text.
Æ Driver license number (privacy
field).
Æ Driver license endorsements, such
as Hazardous Materials, Commercial
Driver’s License, Motorcycle.
• Follow-up Action:
Æ Activity date.
Æ Activity time.
Æ Assigned by text.
Æ Assigned to text.
Æ Disposition text.
Æ Status text.
• Location:
Æ Location description (privacy field).
• Location Address:
Æ Building description.
Æ County name.
Æ Country name.
Æ Cross street description.
Æ Floor identifier.
Æ International Civil Aviation
Organization (ICAO) airfield code for
departure.
Æ ICAO airfield code for planned
destination.
E:\FR\FM\22SEN1.SGM
22SEN1
jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
Æ ICAO for actual destination.
Æ ICAO airfield for alternate.
Æ Mile marker text.
Æ Municipality name.
Æ Postal code.
Æ State name.
Æ Street name.
Æ Street number (privacy field).
Æ Street post directional.
Æ Street pre directional.
Æ Street type.
Æ Unit ID (privacy field).
• Location Coordinates:
Æ Altitude.
Æ Coordinate datum.
Æ Latitude degree.
Æ Latitude minute.
Æ Latitude second.
Æ Longitude degree.
Æ Longitude minute.
Æ Longitude second.
Æ Conveyance track/intent.
• Observer:
Æ Observer type text.
Æ Person employer ID (privacy field).
• Owning organization:
Æ Organization item.
Æ Organization description.
Æ Organization ID (privacy field).
Æ Organization Local ID.
• Other Identifier:
Æ Person identification number (PID)
(privacy field).
Æ PID effective date (privacy field).
Æ PID effective year.
Æ PID expiration date (privacy field).
Æ PID expiration year.
Æ PID issuing authority text.
Æ PID type code.
• Passport:
Æ Passport ID (privacy field).
Æ Expiration date (privacy field).
Æ Expiration year.
Æ Issuing country code.
• Person:
Æ AFIS FBI number (privacy field).
Æ Age.
Æ Age unit code.
Æ Date of birth (privacy field).
Æ Year of birth.
Æ Ethnicity code.
Æ Maximum age.
Æ Minimum age.
Æ State identifier (privacy field).
Æ Tax identification number (privacy
field).
• Person Name:
Æ First name (privacy field).
Æ Last name (privacy field).
Æ Middle name (privacy field).
Æ Full name (privacy field).
Æ Moniker (privacy field).
Æ Name suffix.
Æ Name type.
• Physical descriptors:
Æ Build description.
Æ Eye color code.
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
Æ Eye color text.
Æ Hair color code.
Æ Hair color text.
Æ Person eyewear text.
Æ Person facial hair text.
Æ Person height.
Æ Person height unit code.
Æ Person maximum height.
Æ Person minimum height.
Æ Person maximum weight.
Æ Person minimum weight.
Æ Person sex code.
Æ Person weight.
Æ Person weight unit code.
Æ Race code.
Æ Skin tone code.
Æ Clothing description text.
• Physical feature:
Æ Feature description.
Æ Feature type code.
Æ Location description.
• Registration:
Æ Registration authority code.
Æ Registration number (privacy field).
Æ Registration type.
Æ Registration year.
• ISE–SAR Submission:
Æ Additional details indicator.
Æ Data entry date.
Æ Dissemination code.
Æ Fusion center contact first name.
Æ Fusion center contact last name.
Æ Fusion center contact e-mail
address.
Æ Fusion center contact telephone
number.
Æ Message type indicator.
Æ Privacy purge data.
Æ Privacy purge review date.
Æ Submitting ISE–SAR Record ID.
Æ ISE–SAR submission date.
Æ ISE–SAR title.
Æ ISE–SAR version.
Æ Source agency case ID.
Æ Source agency record reference
name.
Æ Source agency record status code.
Æ Privacy information exists
indicator.
• Sensitive Information Details:
Æ Classification label.
Æ Classification reason text.
Æ Sensitivity level.
Æ Tearlined indicator (information
that indicates the report does not
contain classified information).
• Source Organization:
Æ Organization name.
Æ Organization ORI.
Æ System ID.
Æ Fusion center submission date.
Æ Source agency contact first name.
Æ Source agency contact last name.
Æ Source agency contact e-mail
address.
Æ Source agency contact phone
number.
• Suspicious Activity Report:
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
58859
Æ Community description.
Æ Community URI.
Æ LEXS version.
Æ Message date/time.
Æ Sequence number.
Æ Source reliability code.
Æ Content validity code.
Æ Nature of source-code.
Æ Nature of source-text.
• Submitting organization:
Æ Organization name.
Æ Organization ID.
Æ Organization ORI.
Æ System ID.
• Suspicious Activity:
Æ Activity end date.
Æ Activity end time.
Æ Activity start date.
Æ Activity start time.
Æ Observation description text.
Æ Observation end date.
Æ Observation end time.
Æ Observation start date.
Æ Observation start time.
Æ Threat type code.
Æ Threat type detail text.
Æ Suspicious activity code.
Æ Weather condition details.
• Target:
Æ Critical infrastructure indicator.
Æ Infrastructure sector code.
Æ Infrastructure tier text.
Æ Structure type code.
Æ Target type text.
Æ Structure type text.
Æ Target description text.
• Vehicle:
Æ Color code.
Æ Description.
Æ Make name.
Æ Model name.
Æ Style code.
Æ Vehicle year.
Æ Vehicle identification number
(privacy field).
Æ US DOT number (privacy field).
Æ Vehicle description.
• Related ISE–SAR:
Æ Fusion center ID.
Æ Fusion center ISE–SAR Record ID.
Æ Relations description text.
• Vessel:
Æ Vessel official Coast Guard number
identification (privacy field).
Æ Vessel ID (privacy field).
Æ Vessel ID issuing authority.
Æ Vessel IMO number identification
(privacy field).
Æ Vessel MMSI identification.
Æ Vessel make.
Æ Vessel model.
Æ Vessel model year.
Æ Vessel name.
Æ Vessel hailing port.
Æ Vessel national flag.
Æ Vessel overall length.
Æ Vessel overall length measure.
E:\FR\FM\22SEN1.SGM
22SEN1
58860
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
Æ Vessel serial number (privacy
field).
Æ Vessel type code.
Æ Vessel propulsion text.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002,
as amended; and the Intelligence
Reform and Terrorism Prevention Act of
2004, as amended; Executive Order
13388.
PURPOSE(S):
The ISE–SAR Functional Standard is
designed to support the sharing,
specifically through the NSI, of
information about suspicious activities
that have a potential terrorism nexus
throughout the ISE. The NSI
participants include DOT; the
Department of Justice; other Federal
agencies carrying out counterterrorism
mission function; State, local, and
Tribal entities, including law
enforcement agencies, represented at
State, regional, major urban area fusion
centers; and the private sector to the
extent authorized by applicable law. In
addition to providing specific indicators
of possible terrorism-related crimes,
ISE–SARs can be used to look for
patterns and trends by analyzing
information at a broader level than
would typically be recognized within a
single jurisdiction, State, or territory.
Standardized and consistent sharing of
suspicious activity information
regarding potential terrorist threats and
possible criminal activity associated
with terrorism among State and major
urban area fusion centers and Federal
agencies is vital to assessing, deterring,
preventing, or prosecuting those
involved in criminal activities
associated with terrorism.
jlentini on DSK4TPTVN1PROD with NOTICES
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 DOT as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States 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. DOT or any operating
administration thereof;
2. Any employee of DOT in his/her
official capacity;
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
3. Any employee of DOT in his/her
individual capacity where DOJ or DOT
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DOT
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
DOT collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DOT 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 DOT or another agency
or entity) or harm to the individuals 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 DOT efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DOT,
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 DOT
officers and employees.
G. To an appropriate Federal, State,
Tribal, local, international, or foreign
law enforcement agency or other
appropriate public or private sector
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
organization who is a participant in the
Nationwide SAR Initiative and
authorized access through the NSI
Shared Space for the purpose of
supporting an authorized law
enforcement, counterterrorism, national
security, or homeland security function.
H. To Federal government
counterterrorism agencies where DOT
becomes aware of an indication of a
threat or potential threat to national or
international security, and where such
use is to assist in anti-terrorism efforts.
I. 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.
J. See DOT Prefatory Statement of
General Routine Uses published in the
Federal Register on December 29, 2010
(75 FR 82132).
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Much of the data within this system
does not pertain to an individual; rather,
the information pertains to locations,
geographic areas, facilities, and other
things or objects not related to
individuals. However, personal
information may be captured. Personal
data may be retrieved by name, Social
Security number, any privacy fields
noted under Categories of Records, and
other identifiers listed under the
Categories of Records section.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
E:\FR\FM\22SEN1.SGM
22SEN1
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
DOT is in the process of developing
a retention schedule for DOT ISE–SAR
data. This retention schedule will be
based upon the underlying retention
schedules of the information identified
in existing operating administrations’
retention schedules. DOT operating
administrations maintain the authority
to withdraw and/or edit any and all
ISE–SAR data that they have entered
into the NSI Shared Space in
accordance with their respective
policies. The NSI Shared Space does not
have any internal retention mandates
independent of the retention policies of
the DOT operating administrations that
enter their information into the NSI
Shared Space.
SYSTEM MANAGER AND ADDRESS:
Lawrence V. Hopkins, (202) 366–
6285), Associate Director for
Intelligence, Department of
Transportation, Washington, DC 20590.
jlentini on DSK4TPTVN1PROD with NOTICES
NOTIFICATION PROCEDURE:
The Secretary of Transportation has
exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DOT will consider individual requests
to determine whether or not information
may be released. Thus, individuals
seeking notification of and access to any
record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to the appropriate FOIA Requester
Service Center, for which contact
information can be found at https://
www.dot.gov/foia under ‘‘Contact Us.’’
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 49 CFR part
10. You must verify your identity by
providing either a notarized statement
or a statement signed under penalty of
perjury stating that you are the person
that you say you are. You may fulfill
this requirement by: (1) Having your
signature on your request letter
witnessed by a notary; or (2) including
the following statement immediately
above the signature on your request
letter: ‘‘I declare under penalty of
perjury that the foregoing is true and
correct. Executed on [date].’’ If you
request information about yourself and
do not follow one of these procedures,
your request cannot be processed.
17:29 Sep 21, 2011
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RETENTION AND DISPOSAL:
VerDate Mar<15>2010
RECORD ACCESS PROCEDURES:
Jkt 223001
RECORD SOURCE CATEGORIES:
Records are obtained from ISE–SARs
submitted by Federal, State, local,
Tribal, and territorial agencies and
private sector organizations who are NSI
participants. The respective mission sets
of DOT operating administrations are
varied and entail coverage across
multiple modes. DOT operating
administrations use a standardized
technical approach across the
Department to incorporate SAR data
into the NSI Shared Space. DOT
personnel, trained in the ISE–SAR
program, will review operating
administration SARs and submit only
those SAR data that meet the ISE–SAR
Functional Standard to the NSI Shared
Space.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Transportation has
exempted this system from the
following subsections of the Privacy
Act, 5 U.S.C. 552, to the extent that this
system contains investigatory material
compiled for law enforcement purposes,
in accordance with 5 U.S.C. 552a(k)(2):
a(c)(3) (Accounting of Certain
Disclosures); (d) (Access to Records);
(e)(4)(G), (H), and (I) (Agency
Requirements); and (f) (Agency
Requirements).
Dated: September 16, 2011.
Claire W. Barrett,
Departmental Chief Privacy Officer,
Department of Transportation.
[FR Doc. 2011–24279 Filed 9–21–11; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No FAA–2012–22842]
Notice of Opportunity To Participate,
Criteria Requirements and Application
Procedure for Participation in the
Military Airport Program (MAP)
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of criteria and
application procedures for designation
or redesignation, in the Military Airport
Program (MAP), for the fiscal year 2012.
AGENCY:
In anticipation of Congress
enacting a reauthorization of the Airport
Improvement Program (AIP) the FAA is
publishing this annual notice. This
SUMMARY:
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
58861
notice announces the criteria,
application procedures, and schedule to
be applied by the Secretary of
Transportation in designating or
redesignating, and funding capital
development annually for up to 15
current (joint-use) or former military
airports seeking designation or
redesignation to participate in the MAP.
While FAA currently has continuing
authority to designate or redesignate
airports, FAA does not have authority to
issue grants for fiscal year 2012 MAP,
and will not have authority until
Congress enacts legislation enabling
FAA to issue grants for fiscal year 2012.
The MAP allows the Secretary to
designate current (joint-use) or former
military airports to receive grants from
the Airport Improvement Program (AIP).
The Secretary is authorized to
designate an airport (other than an
airport designated before August 24,
1994) only if:
(1) The airport is a former military
installation closed or realigned under
the Title 10 U.S.C. Sec. 2687
(announcement of closures of large
Department of Defense installations
after September 30, 1977), or under
Section 201 or 2905 of the Defense
Authorization Amendments and Base
Closure and Realignment Acts; or
(2) the airport is a military installation
with both military and civil aircraft
operations.
The Secretary shall consider for
designation only those current or former
military airports, at least partly
converted to civilian airports as part of
the national air transportation system,
that will reduce delays at airports with
more than 20,000 hours of annual
delays in commercial passenger aircraft
takeoffs and landings, or will enhance
airport and air traffic control system
capacity in metropolitan areas, or
reduce current and projected flight
delays (49 U.S.C. 47118(c)).
DATES: Applications must be received
on or before November 21, 2011.
ADDRESSES: Submit an original and two
copies of Standard Form (SF) 424,
‘‘Application for Federal Assistance,’’
prescribed by the Office of Management
and Budget Circular A–102, available at
https://www.faa.gov/airports/resources/
forms/media/aip_sf424_2010.pdf along
with any supporting and justifying
documentation. Applicant should
specifically request to be considered for
designation or redesignation to
participate in the fiscal year 2012 MAP.
Submission should be sent to the
Regional FAA Airports Division or
Airports District Office that serves the
airport. Applicants may find the proper
office on the FAA Web site https://www.
E:\FR\FM\22SEN1.SGM
22SEN1
Agencies
[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58857-58861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24279]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2011-0178]
Privacy Act of 1974: System of Records
AGENCY: Department of Transportation (DOT), Office of the Secretary.
ACTION: Notice to establish a system of records and request for
comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to establish a new Department of Transportation
system of records titled, ``Department of Transportation/ALL-23
Information Sharing Environment Suspicious Activity Reporting
Initiative System of Records.'' This system of records will allow DOT
to compile suspicious activity report data that meet the Information
Sharing Environment Suspicious Activity Reporting Functional Standard
and share these Suspicious Activity Reporting data with authorized
participants in the Nationwide Suspicious Activity Reporting
Initiative, including other DOT operating administrations, Federal
departments and agencies, State, local and Tribal law enforcement
agencies, and the private sector. Additionally, the Department of
Transportation issued a Notice of Proposed Rulemaking to exempt this
system from certain provisions of the Privacy Act elsewhere in the
Federal Register. This newly established system will be included in the
Department of Transportation's inventory of record systems.
DATES: Submit comments on or before October 24, 2011. This new system
will be effective October 24, 2011.
ADDRESSES: You may submit comments, identified by docket number Docket
No. DOT-OST-2011-0178, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590.
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:
Lawrence V. Hopkins, (202-366-6285), Associate Director for
Intelligence, Department of Transportation, Washington, DC 20590. For
privacy issues, please contact: Claire W. Barrett (202-366-8135),
Departmental Chief Privacy Officer, Department of Transportation,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT) proposes to establish a new DOT
system of records titled, ``DOT/ALL-23 Information Sharing Environment
(ISE) Suspicious Activity Reporting (SAR) Initiative System of
Records.''
This system of records will allow DOT operating administrations
that produce, receive, and store suspicious activity reports (SARs)
pursuant to their existing authorities, responsibilities, platforms,
and programs to compile and share report data that also meet the ISE-
SAR Functional Standard with authorized participants in the Nationwide
SAR Initiative (NSI), including Federal departments and agencies,
State, local and Tribal law enforcement agencies, and the private
sector. The NSI is one of a number of government-wide efforts designed
to implement guidelines first issued by the President on December 16,
2005, for establishing the ISE pursuant to section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), as
amended. The NSI establishes a nationwide capability to gather,
document, process, analyze and share information about suspicious
activity, incidents, or behavior reasonably indicative of terrorist
activities (hereafter collectively referred to as suspicious activity
or activities) to enable rapid identification and mitigation of
potential terrorist threats.
There is a long history of documenting of suspicious activity,
particularly in the law enforcement community. These reports are
sometimes referred to as suspicious activity reports, tips and leads,
or other similar terms. Federal, State, local and Tribal agencies and
the private sector currently collect and document suspicious activities
in support of their responsibilities to investigate and prevent
potential crimes, protect citizens, and apprehend and prosecute
criminals. Since some of these documented activities may bear a nexus
to terrorism, the Program Manager for the Information Sharing
Environment (PM-ISE) developed a standardized process for identifying,
documenting, and sharing terrorism-related SAR data (hereinafter
referred to as an ``ISE-SAR''), which meet the definition and criteria
set forth in the ISE Functional Standard Suspicious Activity Reporting
(Version 1.5, May 2009) to the maximum extent possible consistent with
the protection of individual privacy, civil rights, and civil
liberties. The Functional Standard defines an ISE-SAR as official
documentation of observed behavior determined to have a potential nexus
to terrorism (i.e., to be reasonably indicative of criminal activity
associated with terrorism).
Several operating administrations within DOT regularly observe or
otherwise encounter suspicious activities while executing their
authorized missions and performing operational duties. Operating
administrations document those observations or encounters in SARs.
Across the Department, the operational setting or context for
activities reported in SARs are as varied as the Department's
regulatory responsibilities. Engagement with the NSI will alter neither
those underlying mission functions nor upset the current methodologies
employed by DOT operating administrations collecting information on
suspicious activities and issuing SARs. Rather, the NSI will facilitate
the more effective sharing and discovery--both internally and between
DOT and external NSI participants--by incorporating a standardized
technological and functional approach for recording and storing ISE-
SARs throughout DOT. Once trained in the NSI program and the
application of these technical and functional standards, DOT personnel
will review operating administration SARs and submit the data only from
those that meet the ISE-SAR Functional Standard into the NSI Shared
Space.
In keeping with NSI standards, whenever suspicious activity is
determined to have a potential nexus to terrorism, DOT personnel will
extract data from the operating administration level SARs and input
that data in a standardized format to the NSI Shared Space. All ISE-SAR
data introduced
[[Page 58858]]
into the NSI Shared Space are stored locally, but made available to
other authorized users when a user's search criteria are met. For
example, DOT ISE-SAR data remains under the control of the Department
until an authorized user queries the NSI Shared Space with terms that
match the data in the DOT ISE-SAR server. The results of each user's
search or query cannot be downloaded or edited.
Additionally, DOT issued a Notice of Proposed Rulemaking to exempt
this system of records from certain provisions of the Privacy Act in
the Federal Register, 76 FR 55334 (Sept. 7, 2011). This newly
established system will be included in the Department of
Transportation's inventory of record systems.
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 lawful
permanent residents. As a matter of policy, DOT 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 DOT by complying with DOT Privacy Act regulations, 49 CFR
part 10. As published at 76 FR 55334 (Sept. 7, 2011), the Secretary of
Transportation exempted this system from the notification, access, and
amendment procedures of the Privacy Act because it is a law enforcement
system. However, DOT will consider individual requests to determine
whether or not information may be released.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DOT/
ALL-23 system of records.
In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS
DOT/ALL-23
SYSTEM NAME:
Information Sharing Environment (ISE) Suspicious Activity Reporting
(SAR) Initiative System of Records.
SECURITY CLASSIFICATION:
Unclassified, sensitive, and law enforcement sensitive.
SYSTEM LOCATION:
Records are maintained at the Department of Transportation (DOT)
Headquarters on the DOT Nationwide Suspicious Activity Report
Initiative (NSI) Shared Space Server in Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include:
DOT employees and contractors who have submitted ISE-SAR
data to the NSI Shared Space.
DOT employees and contractors who use the NSI Shared Space
for conducting research and analysis with a potential terrorism nexus.
Federal, State, local, Tribal, territorial and private
sector officials whose agency or organization is part of the NSI and
have submitted a ISE-SAR that meets the ISE-SAR Functional Standard and
whose information DOT personnel have a need to know for the performance
of their official duties.
Federal, State, local, Tribal, territorial, and private
sector officials whose agency or organization is an NSI participant and
who use the NSI Shared Space for conducting research and analysis with
a potential terrorism nexus.
Individuals whose behavior is reasonably indicative of
pre-operational planning related to terrorism or other criminal
activity associated with terrorism.
Witnesses who have observed individuals whose behavior
reasonably is indicative of pre-operational planning related to
terrorism or other criminal activity associated with terrorism.
Individuals who have a material relationship to the
activity or behavior reported in an ISE-SAR (e.g., the owner of a
particular vehicle that was observed in a SAR, where it is unclear
whether the person was actually driving the vehicle).
CATEGORIES OF RECORDS IN THE SYSTEM:
As described in the ISE-SAR Functional Standard Version 1.5
published in May 2009, the information listed below may be maintained
in this system. The ISE-SAR Functional Standard identifies privacy
fields, which are also noted below.
Aircraft descriptions, including:
[cir] Aircraft engine quality.
[cir] Aircraft fuselage color.
[cir] Aircraft wing color.
[cir] Aircraft ID (privacy field).
[cir] Aircraft make code.
[cir] Aircraft model code.
[cir] Aircraft style code.
[cir] Aircraft tail number.
Attachment:
[cir] Attachment type text.
[cir] Binary image.
[cir] Capture date.
[cir] Description text.
[cir] Format type text.
[cir] Attachment URI.
[cir] Attachment privacy field indicator.
Contact information for the submitter of the ISE-SAR:
[cir] Person first name.
[cir] Person last name.
[cir] Person middle initial/name.
[cir] E-mail address.
[cir] Organization/Affiliation.
[cir] Full telephone number.
Driver License:
[cir] Expiration date (privacy field).
[cir] Expiration year.
[cir] Issuing authority text.
[cir] Driver license number (privacy field).
[cir] Driver license endorsements, such as Hazardous Materials,
Commercial Driver's License, Motorcycle.
Follow-up Action:
[cir] Activity date.
[cir] Activity time.
[cir] Assigned by text.
[cir] Assigned to text.
[cir] Disposition text.
[cir] Status text.
Location:
[cir] Location description (privacy field).
Location Address:
[cir] Building description.
[cir] County name.
[cir] Country name.
[cir] Cross street description.
[cir] Floor identifier.
[cir] International Civil Aviation Organization (ICAO) airfield
code for departure.
[cir] ICAO airfield code for planned destination.
[[Page 58859]]
[cir] ICAO for actual destination.
[cir] ICAO airfield for alternate.
[cir] Mile marker text.
[cir] Municipality name.
[cir] Postal code.
[cir] State name.
[cir] Street name.
[cir] Street number (privacy field).
[cir] Street post directional.
[cir] Street pre directional.
[cir] Street type.
[cir] Unit ID (privacy field).
Location Coordinates:
[cir] Altitude.
[cir] Coordinate datum.
[cir] Latitude degree.
[cir] Latitude minute.
[cir] Latitude second.
[cir] Longitude degree.
[cir] Longitude minute.
[cir] Longitude second.
[cir] Conveyance track/intent.
Observer:
[cir] Observer type text.
[cir] Person employer ID (privacy field).
Owning organization:
[cir] Organization item.
[cir] Organization description.
[cir] Organization ID (privacy field).
[cir] Organization Local ID.
Other Identifier:
[cir] Person identification number (PID) (privacy field).
[cir] PID effective date (privacy field).
[cir] PID effective year.
[cir] PID expiration date (privacy field).
[cir] PID expiration year.
[cir] PID issuing authority text.
[cir] PID type code.
Passport:
[cir] Passport ID (privacy field).
[cir] Expiration date (privacy field).
[cir] Expiration year.
[cir] Issuing country code.
Person:
[cir] AFIS FBI number (privacy field).
[cir] Age.
[cir] Age unit code.
[cir] Date of birth (privacy field).
[cir] Year of birth.
[cir] Ethnicity code.
[cir] Maximum age.
[cir] Minimum age.
[cir] State identifier (privacy field).
[cir] Tax identification number (privacy field).
Person Name:
[cir] First name (privacy field).
[cir] Last name (privacy field).
[cir] Middle name (privacy field).
[cir] Full name (privacy field).
[cir] Moniker (privacy field).
[cir] Name suffix.
[cir] Name type.
Physical descriptors:
[cir] Build description.
[cir] Eye color code.
[cir] Eye color text.
[cir] Hair color code.
[cir] Hair color text.
[cir] Person eyewear text.
[cir] Person facial hair text.
[cir] Person height.
[cir] Person height unit code.
[cir] Person maximum height.
[cir] Person minimum height.
[cir] Person maximum weight.
[cir] Person minimum weight.
[cir] Person sex code.
[cir] Person weight.
[cir] Person weight unit code.
[cir] Race code.
[cir] Skin tone code.
[cir] Clothing description text.
Physical feature:
[cir] Feature description.
[cir] Feature type code.
[cir] Location description.
Registration:
[cir] Registration authority code.
[cir] Registration number (privacy field).
[cir] Registration type.
[cir] Registration year.
ISE-SAR Submission:
[cir] Additional details indicator.
[cir] Data entry date.
[cir] Dissemination code.
[cir] Fusion center contact first name.
[cir] Fusion center contact last name.
[cir] Fusion center contact e-mail address.
[cir] Fusion center contact telephone number.
[cir] Message type indicator.
[cir] Privacy purge data.
[cir] Privacy purge review date.
[cir] Submitting ISE-SAR Record ID.
[cir] ISE-SAR submission date.
[cir] ISE-SAR title.
[cir] ISE-SAR version.
[cir] Source agency case ID.
[cir] Source agency record reference name.
[cir] Source agency record status code.
[cir] Privacy information exists indicator.
Sensitive Information Details:
[cir] Classification label.
[cir] Classification reason text.
[cir] Sensitivity level.
[cir] Tearlined indicator (information that indicates the report
does not contain classified information).
Source Organization:
[cir] Organization name.
[cir] Organization ORI.
[cir] System ID.
[cir] Fusion center submission date.
[cir] Source agency contact first name.
[cir] Source agency contact last name.
[cir] Source agency contact e-mail address.
[cir] Source agency contact phone number.
Suspicious Activity Report:
[cir] Community description.
[cir] Community URI.
[cir] LEXS version.
[cir] Message date/time.
[cir] Sequence number.
[cir] Source reliability code.
[cir] Content validity code.
[cir] Nature of source-code.
[cir] Nature of source-text.
Submitting organization:
[cir] Organization name.
[cir] Organization ID.
[cir] Organization ORI.
[cir] System ID.
Suspicious Activity:
[cir] Activity end date.
[cir] Activity end time.
[cir] Activity start date.
[cir] Activity start time.
[cir] Observation description text.
[cir] Observation end date.
[cir] Observation end time.
[cir] Observation start date.
[cir] Observation start time.
[cir] Threat type code.
[cir] Threat type detail text.
[cir] Suspicious activity code.
[cir] Weather condition details.
Target:
[cir] Critical infrastructure indicator.
[cir] Infrastructure sector code.
[cir] Infrastructure tier text.
[cir] Structure type code.
[cir] Target type text.
[cir] Structure type text.
[cir] Target description text.
Vehicle:
[cir] Color code.
[cir] Description.
[cir] Make name.
[cir] Model name.
[cir] Style code.
[cir] Vehicle year.
[cir] Vehicle identification number (privacy field).
[cir] US DOT number (privacy field).
[cir] Vehicle description.
Related ISE-SAR:
[cir] Fusion center ID.
[cir] Fusion center ISE-SAR Record ID.
[cir] Relations description text.
Vessel:
[cir] Vessel official Coast Guard number identification (privacy
field).
[cir] Vessel ID (privacy field).
[cir] Vessel ID issuing authority.
[cir] Vessel IMO number identification (privacy field).
[cir] Vessel MMSI identification.
[cir] Vessel make.
[cir] Vessel model.
[cir] Vessel model year.
[cir] Vessel name.
[cir] Vessel hailing port.
[cir] Vessel national flag.
[cir] Vessel overall length.
[cir] Vessel overall length measure.
[[Page 58860]]
[cir] Vessel serial number (privacy field).
[cir] Vessel type code.
[cir] Vessel propulsion text.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002, as amended; and the Intelligence
Reform and Terrorism Prevention Act of 2004, as amended; Executive
Order 13388.
PURPOSE(S):
The ISE-SAR Functional Standard is designed to support the sharing,
specifically through the NSI, of information about suspicious
activities that have a potential terrorism nexus throughout the ISE.
The NSI participants include DOT; the Department of Justice; other
Federal agencies carrying out counterterrorism mission function; State,
local, and Tribal entities, including law enforcement agencies,
represented at State, regional, major urban area fusion centers; and
the private sector to the extent authorized by applicable law. In
addition to providing specific indicators of possible terrorism-related
crimes, ISE-SARs can be used to look for patterns and trends by
analyzing information at a broader level than would typically be
recognized within a single jurisdiction, State, or territory.
Standardized and consistent sharing of suspicious activity information
regarding potential terrorist threats and possible criminal activity
associated with terrorism among State and major urban area fusion
centers and Federal agencies is vital to assessing, deterring,
preventing, or prosecuting those involved in criminal activities
associated with terrorism.
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 DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States 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. DOT or any operating administration thereof;
2. Any employee of DOT in his/her official capacity;
3. Any employee of DOT in his/her individual capacity where DOJ or
DOT has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DOT 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 DOT
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DOT 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 DOT or another agency or entity) or harm to the
individuals 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 DOT efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DOT, 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 DOT officers and employees.
G. To an appropriate Federal, State, Tribal, local, international,
or foreign law enforcement agency or other appropriate public or
private sector organization who is a participant in the Nationwide SAR
Initiative and authorized access through the NSI Shared Space for the
purpose of supporting an authorized law enforcement, counterterrorism,
national security, or homeland security function.
H. To Federal government counterterrorism agencies where DOT
becomes aware of an indication of a threat or potential threat to
national or international security, and where such use is to assist in
anti-terrorism efforts.
I. 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.
J. See DOT Prefatory Statement of General Routine Uses published in
the Federal Register on December 29, 2010 (75 FR 82132).
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored electronically. The records are
stored on magnetic disc, tape, digital media, and CD-ROM.
RETRIEVABILITY:
Much of the data within this system does not pertain to an
individual; rather, the information pertains to locations, geographic
areas, facilities, and other things or objects not related to
individuals. However, personal information may be captured. Personal
data may be retrieved by name, Social Security number, any privacy
fields noted under Categories of Records, and other identifiers listed
under the Categories of Records section.
SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know
[[Page 58861]]
the information for the performance of their official duties and who
have appropriate clearances or permissions.
RETENTION AND DISPOSAL:
DOT is in the process of developing a retention schedule for DOT
ISE-SAR data. This retention schedule will be based upon the underlying
retention schedules of the information identified in existing operating
administrations' retention schedules. DOT operating administrations
maintain the authority to withdraw and/or edit any and all ISE-SAR data
that they have entered into the NSI Shared Space in accordance with
their respective policies. The NSI Shared Space does not have any
internal retention mandates independent of the retention policies of
the DOT operating administrations that enter their information into the
NSI Shared Space.
SYSTEM MANAGER AND ADDRESS:
Lawrence V. Hopkins, (202) 366-6285), Associate Director for
Intelligence, Department of Transportation, Washington, DC 20590.
NOTIFICATION PROCEDURE:
The Secretary of Transportation has exempted this system from the
notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DOT will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the appropriate FOIA
Requester Service Center, for which contact information can be found at
https://www.dot.gov/foia under ``Contact Us.''
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 49 CFR part 10. You must
verify your identity by providing either a notarized statement or a
statement signed under penalty of perjury stating that you are the
person that you say you are. You may fulfill this requirement by: (1)
Having your signature on your request letter witnessed by a notary; or
(2) including the following statement immediately above the signature
on your request letter: ``I declare under penalty of perjury that the
foregoing is true and correct. Executed on [date].'' If you request
information about yourself and do not follow one of these procedures,
your request cannot be processed.
RECORD ACCESS PROCEDURES:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification procedure'' above.
RECORD SOURCE CATEGORIES:
Records are obtained from ISE-SARs submitted by Federal, State,
local, Tribal, and territorial agencies and private sector
organizations who are NSI participants. The respective mission sets of
DOT operating administrations are varied and entail coverage across
multiple modes. DOT operating administrations use a standardized
technical approach across the Department to incorporate SAR data into
the NSI Shared Space. DOT personnel, trained in the ISE-SAR program,
will review operating administration SARs and submit only those SAR
data that meet the ISE-SAR Functional Standard to the NSI Shared Space.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Transportation has exempted this system from the
following subsections of the Privacy Act, 5 U.S.C. 552, to the extent
that this system contains investigatory material compiled for law
enforcement purposes, in accordance with 5 U.S.C. 552a(k)(2): a(c)(3)
(Accounting of Certain Disclosures); (d) (Access to Records);
(e)(4)(G), (H), and (I) (Agency Requirements); and (f) (Agency
Requirements).
Dated: September 16, 2011.
Claire W. Barrett,
Departmental Chief Privacy Officer, Department of Transportation.
[FR Doc. 2011-24279 Filed 9-21-11; 8:45 am]
BILLING CODE 4910-9X-P