From: Subject: Federal Register, Volume 75 Issue 96 (Wednesday, May 19, 2010) Date: Mon, 30 Apr 2012 13:16:06 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2010-05-19/html/2010-11919.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 75 Issue 96 (Wednesday, May = 19, 2010) 
[Federal Register Volume 75, Number 96 (Wednesday, May 19, =
2010)]
[Notices]
[Pages 28046-28051]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2010-11919]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0014]


Privacy Act of 1974; Department of Homeland Security=20
Transportation Security Administration--002 Transportation Security=20
Threat Assessment System System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice to alter an existing Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 the Department of=20
Homeland Security proposes to update and reissue the Department of=20
Homeland Security Transportation Security Administration--002=20
Transportation Security Threat Assessment System of Records, November=20
8, 2005, to reflect necessary programmatic changes. As a result of the=20
biennial review of this system, modifications are being made to the=20
system of records' categories of individuals, categories of records,=20
routine uses, data retention and disposal, and notification procedures.=20
The Department of Homeland Security Transportation Security=20
Administration--002 Transportation Security Threat Assessment System=20
System of Records contains records related to security threat=20
assessments, employment investigations, and evaluations Transportation=20
Security Administration conducts on certain individuals for security=20
purposes. For example, individuals who apply for a Transportation=20
Worker Identification Credential or a Hazardous Materials Endorsement=20
must undergo a security threat assessment and records associated with=20
the assessment are covered by this system.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and=20
(k)(2) as reflected in the final rule published in the Federal Register=20
on June 25, 2004.
    This updated system will continue to be included in the Department=20
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before June 18, 2010. This amended system=20
will be effective June 18, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0014 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Peter Pietra (TSAprivacy@dhs.gov), Privacy =
Officer, Transportation=20
Security Administration, TSA-36, 601 South 12th Street, Arlington, VA=20
20598-6036 or TSAprivacy@dhs.gov. For privacy =
issues please contact:=20
Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy=20
Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the=20
Department of Homeland Security (DHS) Transportation Security=20
Administration (TSA) proposes to update and reissue a DHS/TSA system of=20
records notice titled, DHS/TSA--002 Transportation Security Threat=20
Assessment System of Records (70 FR 33383, November 8, 2005).
    TSA's mission is to protect the nation's transportation systems to=20
ensure freedom of movement for people and commerce. To achieve this=20
mission, TSA is required to develop and adapt its security programs to=20
respond to evolving threats to transportation security. In accordance=20
with the biennial review of this system, the following modifications=20
are being made:
     The categories of individuals section is updated to=20
expressly include individuals who seek maritime or surface=20
transportation facility access badges or credentials as well as=20
individuals who undergo a security threat assessment unassociated with=20
a

[[Page 28047]]

badge or credential. DHS/TSA is also adding individuals seeking to=20
become, or qualified as, Certified Cargo Screening Program validators;=20
individuals who are owners, operators, or directors of any mode of=20
transportation; individuals who undergo security threat assessments or=20
evaluations in order to obtain access to facilities over which DHS=20
exercises authority to this system of records. Information regarding an=20
individual's level of access at transportation facilities other than=20
airports over which DHS exercises authority, including information on=20
the termination or expiration of the individual's access is now also=20
included in the categories of records. The categories of individuals=20
also includes individuals who have been or seek to be distinguished=20
from individuals on a watch list through a redress process or other=20
means.
     The routine uses section is updated to incorporate five=20
Department of Homeland Security (DHS) standard routine uses. One=20
routine use will allow release of information to appropriate agencies,=20
entities, and persons when DHS/TSA suspects or has confirmed that the=20
security or confidentiality of an information system of records has=20
been compromised. Another routine use permits the release of=20
information to the media when there exists a legitimate public interest=20
in disclosing information. Release under this routine use will require=20
the approval of the DHS Chief Privacy Officer in consultation with=20
counsel. Another routine use allows the release of information to a=20
court, magistrate, administrative tribunal or opposing counsel or=20
parties where a federal agency is a party or has an interest in the=20
litigation or administrative proceeding. The fourth routine use allows=20
DHS/TSA to release information to a former employee when it is=20
necessary to consult with the former employee regarding a matter that=20
is within that person's former area of responsibility. The fifth=20
routine use allows DHS/TSA to release information to appropriate=20
entities where it would assist in the enforcement of civil or criminal=20
laws.
     Additionally, DHS/TSA is revising a routine use by adding=20
indirect air carriers and other facility operators as potential=20
recipients of information about individuals who are their employees,=20
job applicants, or contractors, or persons to whom they issue=20
identification credentials or grant clearances to secured areas in=20
transportation facilities when relevant to such employment,=20
application, contract, training or the issuance of such credentials or=20
clearances.
     The retention and disposal section is updated to reflect=20
the records retention schedule approved by the National Archives and=20
Records Administration (NARA).
     The notification section was changed to reflect that=20
inquiries regarding whether the applicable system contains records=20
about an individual should be directed to The Transportation Security=20
Administration Freedom of Information Act Office.
    The Security Threat Assessment System contains records related to=20
security threat assessments, employment investigations, and evaluations=20
DHS/TSA conducts on certain individuals for security purposes. For=20
example, individuals who apply for a Transportation Worker=20
Identification Credential or a Hazardous Materials Endorsement must=20
undergo a security threat assessment and are covered by this system.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and=20
(k)(2). In addition, to the extent a record contains information from=20
other exempt systems of records, DHS/TSA will rely on the exemptions=20
claimed for those systems as reflected in the final rule published on=20
June 25, 2004 in 69 FR 35536. The information is collected to conduct=20
security threat assessments on individuals to ensure they do not pose,=20
and are not suspected of posing, a threat to transportation or national=20
security. Consistent with the Privacy Act, information stored in the=20
Transportation Security Threat Assessment System may be shared with=20
other DHS components, as well as appropriate federal, state, local,=20
tribal, foreign, or international government agencies. This sharing=20
will only take place after DHS determines that the receiving component=20
or agency has a need to know the information to carry out national=20
security, law enforcement, immigration, intelligence, or other=20
functions consistent with the routine uses set forth in this system of=20
records notice.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
their records are put, and to assist individuals to more easily find=20
such files within the agency. Below is the description of the DHS/TSA-
002 Transportation Security Threat Assessment System system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget and to=20
Congress.
System of Records

DHS/TSA-002

System name:
    Transportation Security Administration Transportation Security=20
Threat Assessment System (T-STAS).

Security classification:
    Classified, Sensitive.

System location:
    Records are maintained at the Transportation Security=20
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA=20
20598 and TSA field offices. Records may also be maintained at the=20
offices of TSA contractors.

Categories of individuals covered by the system:
    Individuals who undergo a security threat assessment, employment=20
investigation, or other evaluation performed for security purposes, or=20
in order to obtain access to the following: transportation=20
infrastructure or assets, such as terminals, facilities, pipelines,=20
railways, mass transit, vessels, aircraft, or vehicles; restricted=20
airspace; passenger baggage; cargo; shipping venues; or other=20
facilities or critical infrastructure over which the DHS exercises=20
authority; Sensitive Security

[[Page 28048]]

Information or Classified information provided in connection with=20
transportation security matters; or transportation-related instruction=20
or training (such as flight training). This includes, but is not=20
limited to, the following individuals:
    (a) Individuals who require or seek access to airports, or maritime=20
or surface transportation facilities, or facilities over which DHS=20
exercises authority.
    (b) Individuals who have or are seeking responsibility for=20
screening individuals or carry-on baggage, and those persons serving as=20
immediate supervisors and the next supervisory level to those=20
individuals, other than employees of the DHS/TSA who perform or seek to=20
perform these functions.
    (c) Individuals who have or are seeking responsibility for=20
screening checked baggage or cargo, and their immediate supervisors,=20
and the next supervisory level to those individuals, other than=20
employees of the DHS/TSA who perform or seek to perform these=20
functions.
    (d) Individuals who have or are seeking the authority to accept=20
checked baggage for transport on behalf of an aircraft operator that is=20
required to screen passengers.
    (e) Pilots, copilots, flight engineers, flight navigators, and=20
airline personnel authorized to fly in the cockpit, relief or=20
deadheading crewmembers, cabin crew, and other flight crew for an=20
aircraft operator or foreign air carrier that is required to adopt and=20
carry out a security program.
    (f) Flight crews and passengers who request waivers of temporary=20
flight restrictions (TFRs) or other restrictions pertaining to=20
airspace.
    (g) Other individuals who are connected to the transportation=20
industry for whom DHS/TSA conducts security threat assessments to=20
ensure transportation security.
    (h) Individuals who have or are seeking unescorted access to cargo=20
in the transportation system.
    (i) Individuals who are owners, officers, or directors of an=20
indirect air carrier or a business seeking to become an indirect air=20
carrier.
    (j) Aliens or other individuals designated by DHS/TSA who apply for=20
flight training or recurrent training.
    (k) Individuals transported on all-cargo aircraft, including=20
aircraft operator or foreign air carrier employees and their family=20
members and persons transported for the flight.
    (l) Individuals seeking to become, or qualified as, known shippers=20
or Certified Cargo Screening Program validators.
    (m) Known or suspected terrorists identified in the Terrorist=20
Screening Database (TSDB) of the Federal Bureau of Investigation's=20
(FBI) Terrorist Screening Center (TSC); individuals identified by DHS/
TSA to the TSDB because they pose a threat to civil aviation or=20
national security; and individuals on classified and unclassified=20
governmental terrorist, law enforcement, immigration, or intelligence=20
databases, including databases maintained by the Department of Defense,=20
National Counterterrorism Center, or Federal Bureau of Investigation.
    (n) Individuals who have been or seek to be distinguished from=20
individuals on a watch list through a redress process or other means.
    (o) Individuals who are owners, operators or directors of any=20
transportation mode facilities, services, or assets.

Categories of records in the system:
    DHS/TSA's system may contain any, or all, of the following=20
information regarding individuals covered by this system:
    (a) Name (including aliases or variations of spelling).
    (b) Gender.
    (c) Current and historical contact information (including, but not=20
limited to, address information, telephone number, and e-mail).
    (d) Government-issued licensing or identification information=20
(including, but not limited to, Social security number; pilot=20
certificate information, including number and country of issuance;=20
current and past citizenship information; immigration status; alien=20
registration numbers; visa information; and other licensing information=20
for modes of transportation).
    (e) Date and place of birth.
    (f) Name and information, including contact information and=20
identifying number (if any) of the airport, aircraft operator, indirect=20
air carrier, maritime or land transportation operator, or other=20
employer or entity that is employing the individual, or submitting the=20
individual's information, or sponsoring the individual's background=20
check/threat assessment.
    (g) Physical description, fingerprint and/or other biometric=20
identifier, and photograph.
    (h) Date, place, and type of flight training or other instruction.
    (i) Control number or other unique identification number assigned=20
to an individual or credential.
    (j) Information necessary to assist in tracking submissions,=20
payments, and transmission of records.
    (k) Results of any analysis performed for security threat=20
assessments and adjudications.
    (l) Other data as required by Form FD 258 (fingerprint card) or=20
other standard fingerprint cards used by the federal government.
    (m) Information provided by individuals covered by this system in=20
support of their application for an appeal or waiver.
    (n) Flight information, including crew status on board.
    (o) Travel document information (including, but not limited to,=20
passport information, including number and country of issuance; and=20
current and past citizenship information and immigration status, any=20
alien registration numbers, and any visa information).
    (p) Criminal history records.
    (q) Data gathered from foreign governments or entities that is=20
necessary to address security concerns in the aviation, maritime, or=20
land transportation systems.
    (r) Other information provided by federal, state, and local=20
government agencies or private entities relevant to the assessment,=20
investigation, or evaluation.
    (s) The individual's level of access at an airport or other=20
transportation facility, including termination or expiration of access.
    (t) Military service history.
    (u) Suitability testing and results of such testing.

Authority for maintenance of the system:
    49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936,=20
44939, and 46105.

Purpose(s):
    (a) Performance of security threat assessments, employment=20
investigations, and evaluations performed for security purposes that=20
Federal statutes and/or DHS/TSA regulations authorize for the=20
individuals identified in ``Categories of individuals covered by the=20
system,'' above.
    (b) To assist in the management and tracking of the status of=20
security threat assessments, employment investigations, and evaluations=20
performed for security purposes.
    (c) To permit the retrieval of the results of security threat=20
assessments, employment investigations, and evaluations performed for=20
security purposes; including criminal history records checks and=20
searches in other governmental, commercial, and private data systems,=20
performed on the individuals covered by this system.
    (d) To permit the retrieval of information from other terrorist-
related,

[[Page 28049]]

law enforcement, immigration and intelligence databases on the=20
individuals covered by this system.
    (e) To track the fees incurred, and payment of those fees, by the=20
airport operators, aircraft operators, maritime and land transportation=20
operators, flight students, and others, where appropriate, for services=20
related to security threat assessments, employment investigations, and=20
evaluations performed for security purposes.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
522a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed as a routine use=20
pursuant to 5 U.S.C. 522a(b)(3) as follows;
    A. To the Department of Justice (DOJ) (including United States=20
Attorney Offices) or other federal agency in anticipation of, or=20
conducting litigation, or in proceedings, before any court,=20
adjudicative or administrative body, when it is necessary to the=20
litigation and one of the following is a party to the litigation or has=20
an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity, where DOJ or=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation, or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration, or other=20
federal government agencies, pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information;
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
volunteers, or others performing or working on a contract, service,=20
grant, cooperative agreement, or other assignment for DHS, when=20
necessary to accomplish an agency function related to this system of=20
records. Individuals provided information under this routine use are=20
required to comply with the Privacy Act requirements and limitations on=20
disclosure as are applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign agency, including law enforcement, or other appropriate=20
authority charged with investigating or prosecuting a violation or=20
enforcing or implementing a law, rule, regulation, or order, where a=20
record, either on its face or in conjunction with other information,=20
indicates a violation or potential violation of law, which includes=20
criminal, civil, or regulatory violations and such disclosure is proper=20
and consistent with the official duties of the person making the=20
disclosure.
    H. To the U.S. Department of Transportation, its operating=20
administrations, or the appropriate state or local agency, when=20
relevant or necessary to:
    1. Ensure safety and security in any mode of transportation;
    2. Enforce safety- and security-related regulations and=20
requirements;
    3. Assess and distribute intelligence or law enforcement=20
information related to transportation security;
    4. Assess and respond to threats to transportation;
    5. Oversee the implementation and ensure the adequacy of security=20
measures at airports and other transportation facilities;
    6. Plan and coordinate any actions or activities that may affect=20
transportation safety and security or the operations of transportation=20
operators; or
    7. The issuance, maintenance, or renewal of a license, endorsement,=20
certificate, contract, grant, or other benefit.
    I. To the appropriate Federal, State, local, tribal, territorial,=20
foreign, or international agency regarding individuals who pose, or are=20
suspected of posing, a risk to transportation or national security.
    J. To a Federal, State, local, tribal, territorial, foreign, or=20
international agency, where such agency has requested information=20
relevant or necessary for the hiring or retention of an individual; or=20
the issuance of a security clearance, license, endorsement, contract,=20
grant, waiver, credential, or other benefit.
    K. To a Federal, State, local, tribal, territorial, foreign, or=20
international agency, if necessary to obtain information relevant to a=20
DHS/TSA decision concerning initial or recurrent security threat=20
assessment, the hiring or retention of an employee; the issuance of a=20
security clearance, license, endorsement, contract, grant, waiver,=20
credential, or other benefit and to facilitate any associated payment=20
and accounting.
    L. To international and foreign governmental authorities, in=20
accordance with law and formal or informal international agreement.
    M. To third parties during the course of a security threat=20
assessment, employment investigation, or adjudication of a waiver or=20
appeal request, to the extent necessary to obtain information pertinent=20
to the assessment, investigation, or adjudication.
    N. To airport operators, aircraft operators, maritime and surface=20
transportation operators, indirect air carriers and other facility=20
operators about individuals who are their employees, job applicants or=20
contractors, or persons to whom they issue identification credentials=20
or grant clearances to secured areas in transportation facilities when=20
relevant to such employment, application, contract, training or the=20
issuance of such credentials or clearances.
    O. To a former employee of DHS, in accordance with applicable=20
regulations, for purposes of responding to an official inquiry by a=20
federal, state, or local government entity or professional licensing=20
authority; or facilitating communications with a former employee that=20
may be necessary for personnel-related or other official purposes where=20
the Department requires information or consultation assistance from the=20
former employee regarding a matter within that person's former area of=20
responsibility.

[[Page 28050]]

    P. To a court, magistrate, or administrative tribunal where a=20
federal agency is a party to the litigation or administrative=20
proceeding in the course of presenting evidence, including disclosures=20
to opposing counsel or witnesses in the course of civil discovery,=20
litigation, or settlement negotiations or in connection with criminal=20
law proceedings.
    Q. To the appropriate federal, state, local, tribal, territorial,=20
foreign, or international agency responsible for investigating,=20
prosecuting, enforcing, or implementing a statute, rule, regulation,=20
order, license, or treaty, where DHS/TSA determines that the=20
information would assist in the enforcement of a civil or criminal=20
laws.
    R. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information except=20
to the extent it is determined that release of the specific information=20
in the context of a particular case would constitute an unwarranted=20
invasion of personal privacy or a risk to transportation or national=20
security.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records may be maintained on paper and in computer-accessible=20
storage media. Records may also be stored on microfiche and roll=20
microfilm. Records that are sensitive or classified are safeguarded in=20
accordance with agency procedures, and applicable Executive Orders and=20
statutes.

Retrievability:
    Records may be retrieved by name, social security number,=20
identifying number of the submitting or sponsoring entity, other case=20
number assigned by DHS/TSA or other entity/agency, biometric, or a=20
unique identification number, or any other identifying particular=20
assigned or belonging to the individual.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    In accordance with National Archives and Records Administration=20
approved retention and disposal policy N1-560-06, individuals who were=20
not identified as possible security threat, records will be destroyed=20
one year after DHS/TSA is notified that access based on security threat=20
assessment is no longer valid; where an individual was identified as a=20
possible security threat and subsequently cleared, records will be=20
destroyed seven years after completion of the security threat=20
assessment or one year after being notified that access based on the=20
security threat assessment is no longer valid, whichever is longer; and=20
where the individual is an actual match to a watchlist, records will be=20
destroyed 99 years after the security threat assessment or seven years=20
after DHS/TSA is notified the individual is deceased, whichever is=20
shorter.

System manager(s) and address:
    Assistant Director for Compliance, Transportation Threat Assessment=20
& Credentialing Office, TSA-19, Transportation Security =
Administration,=20
601 South 12th Street, Arlington, VA 20598.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from=20
the notification, access, and amendment procedures of the Privacy Act=20
because it is a law enforcement system. However, DHS/TSA will consider=20
individual requests to determine whether or not information may be=20
released. Thus, individuals seeking notification and access to any=20
record contained in the system of records, or seeking to contest its=20
content, may submit a request in writing to the DHS/TSA's FOIA Officer.=20
DHS/TSA's FOIA Officer is located at; Freedom of Information Act=20
Office, TSA-20, 601 S. 12th Street, 11th Floor, East Tower, Arlington,=20
VA 20598-6020, 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-1406, E-
mail: foia.tsa@dhs.gov.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
lack of specificity or lack of compliance with applicable regulations.

Record access procedure:
    Same as ``Notification Procedure,'' above.

Contesting record procedure:
    Same as ``Notification Procedure'' above.

Record source categories:
    Records are obtained from individuals subject to a security threat=20
assessment, employment investigation, or other security analysis; from=20
aviation, maritime, and land transportation operators, flight schools,=20
or other persons sponsoring the individual; and any other persons,=20
including commercial entities that may have information that is=20
relevant or necessary to the assessment or investigation. Information=20
about individuals is also used or collected from domestic and=20
international intelligence sources and other governmental, private, and=20
public databases. The sources of information in the criminal history=20
records obtained from the Federal Bureau of Investigation are set forth=20
in the Privacy Act system of records notice Department of Justice=20
Federal Bureau of Investigation--009 Fingerprint Identification Records=20
System (72 FR 3410, January 1, 2007).

[[Page 28051]]

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted portions of this=20
system from subsections (c)(3); (d); (e)(1), (e)(4)(G); (H); (I); and=20
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) as=20
reflected in the final rule published on June 25, 2004 in 69 FR 35536.=20
In addition, to the extent a record contains information from other=20
exempt systems of records, DHS/TSA will rely on the exemptions claimed=20
for those systems.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11919 Filed 5-18-10; 8:45 am]
BILLING CODE 4910-62-P