Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices 18863 

T. To the news media and the public, 

with the approval of the DHS Chief 

Privacy Officer in consultation with 

counsel, when there exists a legitimate 

public interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy or a risk to transportation or 

national security. 

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 may be 

maintained on paper and in computeraccessible storage media. Records may 

also be stored on microfiche and roll 

microfilm. Records that are sensitive or 

classified are safeguarded in accordance 

with agency procedures, and applicable 

Executive Orders and statutes. 

RETRIEVABILITY: 

Information can be retrieved by name, 

address, social security, and account 

number or other assigned tracking 

identifier of the individual on whom the 

records are maintained. 

SAFEGUARDS: 

Information in this system is 

safeguarded in accordance with 

applicable laws, rules and policies. All 

records are protected from unauthorized 

access through appropriate 

administrative, physical, and technical 

safeguards. These safeguards include 

restricting access to authorized 

personnel who have a need-to-know; 

using locks, alarm devices, and 

passwords; and encrypting data 

communications. TSA file areas are 

locked after normal duty hours and 

security personnel protect the facilities 

from the outside. 

RETENTION AND DISPOSAL: 

Records associated with the 

assessment of FFDO’s will be destroyed 

one year after TSA is notified that 

access based on security threat 

assessment is no longer valid; where an 

individual was a possible match to a 

watchlist, records will be destroyed 

seven years after completion of the 

security threat assessment or one year 

after being notified that access based on 

the security threat assessment is no 

longer valid, whichever is longer; and 

where the individual is an actual match 

to a watchlist records will be destroyed 

99 years after the security threat 

assessment or seven years after TSA is 

notified the individual is deceased, 

whichever is shorter. 

SYSTEM MANAGERS AND ADDRESS: 

Transportation Security 

Administration, Office of Law 

Enforcement/Federal Air Marshal 

Service. 1900 Oracle Way, Suite 500, 

Reston, VA 20190. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

TSA will consider individual requests 

to determine whether or not information 

may be released. Thus, individuals 

seeking notification and access to any 

record contained in the system of 

records, or seeking to contest its 

content, may submit a request in writing 

to the Headquarters or component’s 

FOIA Officer, whose contact 

information can be found at https:// 

www.dhs.gov/foia under ‘‘contacts.’’ 

TSA’s FOIA Officer is located at: 

Freedom of Information Act Office, 

TSA–20, 601 S. 12th Street, 11th Floor, 

East Tower, Arlington, VA 20598–6020, 

1–866–FOIA–TSA or 571–227–2300, 

Fax: 571–227–1406, E-mail: 

foia.tsa@dhs.gov. If an individual 

believes more than one component 

maintains Privacy Act records 

concerning him or her the individual 

may submit the request to the Chief 

Privacy Officer, Department of 

Homeland Security, 245 Murray Drive, 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

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 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Director, Disclosure and FOIA, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you, 

• Identify which component(s) of the 

Department you believe may have the 

information about you, 

• Specify when you believe the 

records would have been created, 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records, 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Information maintained in this system 

is primarily obtained from the FFDO 

volunteer form or derived from 

information the applicant supplied, 

reports from medical personnel on 

physical and psychological results of 

examinations, training records, and law 

enforcement and intelligence agency 

record systems, commercial and public 

databases and Web sites and individuals 

interviewed as part of the background 

investigation. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(6) as reflected in the final rule 

published on June 25, 2004. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–8317 Filed 4–12–10; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0015] 

Privacy Act of 1974; Department of 

Homeland Security Transportation 

Security Administration—006 

Correspondence and Matters Tracking 

Records 

AGENCY: Privacy Office, DHS. 


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18864 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices 

ACTION: Notice to alter an existing 

Privacy Act system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security is updating and 

reissuing the Department of Homeland 

Security Transportation Security 

Administration—006 Correspondence 

and Matters Tracking Records system of 

records, last published on August 18, 

2003, to reflect necessary programmatic 

changes. As a result of the biennial 

review of this system, modifications are 

being made to the system of records’ 

authorities, routine uses, data retention 

and disposal, notification procedures, 

and system location. The Department of 

Homeland Security Transportation 

Security Administration 

Correspondence and Matters Tracking 

Records system covers records 

associated with the management, 

tracking, retrieval, and response to 

incoming correspondence, all outgoing 

correspondence, memoranda, 

documentation, injuries, claims, and 

complaints associated with all subject 

matters over which the Transportation 

Security Administration exercises 

jurisdiction. For example, records 

pertaining to individuals who make a 

complaint to the agency’s contact center 

are covered by this system. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1) and (k)(2) as 

reflected in the final rule published in 

the Federal Register on June 25, 2004. 

This updated system will continue to 

be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

May 13, 2010. This new system will be 

effective May 13, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0015 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Peter 

Pietra (TSAprivacy@dhs.gov), Privacy 

Officer, Transportation Security 

Administration, TSA–36, 601 South 

12th Street, Arlington, VA, 20598–6036. 

For privacy issues please contact: Mary 

Ellen Callahan (703–235–0780), Chief 

Privacy Officer, Privacy 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 Department of 

Homeland Security (DHS) 

Transportation Security Administration 

(TSA) is updating and reissuing a DHS/ 

TSA system of records notice titled, 

DHS/TSA–006 Correspondence Matters 

Tracking System Records (CMTR) (68 

FR 49496, August 18, 2003). 

TSA’s mission is to protect the 

nation’s transportation systems to 

ensure freedom of movement for people 

and commerce. To achieve this mission, 

TSA is required to develop and adapt its 

security programs to respond to 

evolving threats to transportation 

security. In accordance with the 

biennial review of this system, the 

following modifications are being made: 

• TSA is updating the authorities for 

maintenance of the system. 

• DHS/TSA is updating the system of 

records to incorporate four DHS 

standard routines uses. One routine use 

will allow release of information to 

appropriate agencies, entities, and 

persons when DHS/TSA suspects or has 

confirmed that the security or 

confidentiality of information in a 

system of records has been 

compromised The second routine use 

permits the release of information to the 

media when there exists a legitimate 

public interest in disclosing 

information. Release under this routine 

use will require the approval of the 

Chief Privacy Officer in consultation 

with the counsel. The third routine use 

allows the release of information to a 

court, magistrate, administrative 

tribunal or opposing counsel or parties 

where a federal agency is a party or has 

an interest in the litigation or 

administrative proceeding. The fourth 

routine use allows DHS/TSA to release 

information to a former employee when 

it is necessary to consult with the 

former employee regarding a matter that 

is within that person’s former area of 

responsibility. 

• Additionally, DHS/TSA is revising 

a routine use that currently allows DHS/ 

TSA to release information only to third 

parties during the course of an 

investigation related to transportation 

security. The revised routine use will 

allow disclosure to third parties for the 

purposes of investigating any matter 

before DHS/TSA. These changes will 

allow DHS/TSA to thoroughly and 

efficiently investigate and adjudicate 

theft or damage claims before the 

agency, as well as complaints about 

employees. DHS/TSA is also revising a 

current routine use by adding indirect 

air carriers and other facility operators 

as potential recipients of information 

about individuals who are their 

employees, job applicants, or 

contractors, or persons to whom they 

issue identification credentials or grant 

clearances to secured areas in 

transportation facilities when relevant 

to such employment, application, 

contract, training or the issuance of such 

credentials or clearances. 

DHS/TSA is removing the routine 

uses involving sharing with the 

Department of State and other 

Intelligence Community agencies, 

information relating to persons who 

may pose a risk to transportation or 

national security. Also removed as a 

routine use is the sharing of information 

with the Attorney General of the United 

States concerning violations of the 

Brady Handgun Violence Prevention 

Act. Both routine uses are duplicative. 

• The retention and disposal section 

has been updated to reflect the records 

retention schedule approved by the 

National Archives and Records 

Administration (NARA). 

• The notification section was 

changed to reflect that inquiries 

regarding whether the applicable system 

contains records about an individual 

should be directed to TSA’s Freedom of 

Information Act (FOIA) Office. 

• DHS/TSA updated the system 

location to reflect the current location of 

the system. 

The CMTR system covers records 

associated with the management, 

tracking, retrieval, and response to 

incoming correspondence, all outgoing 

correspondence, memoranda, 

documentation, injuries, claims, and 

complaints associated with all subject 

matters over which DHS/TSA exercises 

jurisdiction. For example, records 

pertaining to individuals who make a 

complaint to the agency’s contact center 

are covered by this system. DHS/TSA is 

revising its system of records to reflect 

necessary programmatic changes. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1) and (k)(2) as 

reflected in the final rule published in 

the Federal Register on June 25, 2004 

(69 FR 35536). 

Consistent with the Privacy Act, 

information stored in the CMTR system 

may be shared with other DHS 


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components, as well as appropriate 

federal, state, local, tribal, foreign, or 

international government agencies. This 

sharing will only take place after DHS 

determines that the receiving 

component or agency has a need to 

know the information to carry out 

national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in this system of records 

notice. 

II. Privacy 

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, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to their 

records are put, and to assist individuals 

to more easily find such files within the 

agency. Below is the description of the 

DHS/TSA–006 CMTR system system of 

records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

SYSTEM OF RECORDS: 

DHS/TSA–006. 

SYSTEM NAME: 

Transportation Security 

Administration 006 Correspondence 

and Matters Tracking Records (CMTR). 

SECURITY CLASSIFICATION: 

Sensitive, Classified. 

SYSTEM LOCATION: 

Records are maintained at the TSA 

Office of the Executive Secretariat, TSA 

Headquarters in Arlington, Virginia. 

Records may also be located at the 

Office of Legislative Affairs, Office of 

Civil Rights and Liberties, Redress 

Office, and the Office of the 

Ombudsman (which includes the 

Consumer Response Center (CRC)), to 

the extent those offices maintain matter 

tracking information. Records may also 

be maintained in other offices at TSA 

Headquarters and the various TSA field 

offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

To the extent not covered by any 

other system, this system covers 

individuals who submit inquiries, 

comments, complaints, or claims to TSA 

in writing, in person, or by telephone, 

for response and resolution and those 

with any matter pending before TSA. 

This includes TSA employees, Members 

of Congress and their staff, officers and 

employees of other Executive branch 

agencies and the White House, tort and 

property claimants who have filed 

claims against the Government or TSA, 

stakeholders, passengers in 

transportation, and members of the 

public. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Correspondence and information 

related thereto, including name, 

address, and telephone number of 

individuals contacting TSA; records of 

contacts made by or on behalf of 

individuals, including inquiries, 

comments, complaints, resumes and 

letters of reference; staff reports; TSA’s 

responses to correspondence and calls; 

and staff recommendations on actions 

requiring approval or action by a TSA 

official. The system also includes 

records, including those prepared by 

TSA employees, related to matters 

under consideration by TSA. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301, 28 U.S.C. 1346(b), 

1402(b), 2401(b), 2412(c), 2671–80; 31 

U.S.C. 3325, 3332, 3701, 3711, 3721; 49 

U.S.C. 114. 

PURPOSES: 

(a) To facilitate and assist in the 

management, tracking, retrieval, and 

response to incoming correspondence, 

inquiries, claims, and complaints 

associated with all subject matters over 

which TSA exercises jurisdiction. 

(b) To monitor assignment, 

disposition, status, and results of 

correspondence, inquiries, claims, and 

complaints sent to TSA and, generally, 

to review, analyze, investigate, and 

study trends identified by the concerns 

expressed. 

(c) To facilitate and assist in the 

management, tracking, and retrieval of 

information associated with matters and 

issues under consideration by TSA. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

A. To the Department of Justice (DOJ) 

(including United States Attorney 

offices) or other federal agency in 

anticipation of or conducting litigation 

or in proceedings before any court, 

adjudicative or administrative body, 

when it is necessary to the litigation and 

one of the following is a party to the 

litigation or has an interest in such 

litigation: 

1. DHS or any component thereof; 

2. Any current or former employee of 

DHS in his/her official capacity, or 

3. Any current or former employee of 

DHS in his/her individual capacity 

where DOJ or DHS 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 DHS 

determines that the records are both 

relevant and necessary to the litigation 

and the use of such records is 

compatible with the purpose for which 

DHS collected the records. 

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. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 


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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 DHS or another agency or 

entity) or harm to the individual that 

rely upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s 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 DHS 

when necessary to perform an agency 

function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate federal, state, 

tribal, local, international, or foreign 

agency, including law enforcement, or 

other appropriate authority charged 

with investigating or prosecuting a 

violation or enforcing or implementing 

a law, rule, regulation, or order, where 

a record, either on its face or in 

conjunction with other information, 

indicates a violation or potential 

violation of law, which includes 

criminal, civil, or regulatory violations 

and such disclosure is proper and 

consistent with the official duties of the 

person making the disclosure. 

H. To the United States Department of 

Transportation and its operating 

administrations when relevant or 

necessary to 

1. Ensure safety and security in any 

mode of transportation; 

2. Enforce safety- and security-related 

regulations and requirements; 

3. Assess and distribute intelligence 

or law enforcement information related 

to transportation security; 

4. Assess and respond to threats to 

transportation; 

5. Oversee the implementation and 

ensure the adequacy of security 

measures at airports and other 

transportation facilities; 

6. Plan and coordinate any actions or 

activities that may affect transportation 

safety and security or the operations of 

transportation operators; or 

7. The issuance, maintenance, or 

renewal of a license, certificate, 

contract, grant, or other benefit. 

I. To a federal, state, local, tribal, 

territorial, foreign, or international 

agency, in response to queries regarding 

persons who may pose a risk to 

transportation or national security; a 

risk of air piracy or terrorism or a threat 

to airline or passenger safety; or a threat 

to aviation safety, civil aviation, or 

national security. 

J. To a federal, state, local, tribal, 

territorial, foreign, or international 

agency, where such agency has 

requested information relevant or 

necessary for the hiring or retention of 

an individual, or the issuance of a 

security clearance, license, contract, 

grant, or other benefit. 

K. To a federal, state, local, tribal, 

territorial, foreign, or international 

agency, if necessary to obtain 

information relevant to a DHS/TSA 

decision concerning initial or recurrent 

security threat assessment, the hiring or 

retention of an employee; the issuance 

of a security clearance, license, 

endorsement, contract, grant, waiver, 

credential, or other benefit and to 

facilitate any associated payment and 

accounting. 

L. To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international agreement. 

M. To third parties during the course 

of an investigation into any matter 

before DHS/TSA to the extent necessary 

to obtain information pertinent to the 

investigation. 

N. To airport operators, aircraft 

operators, and maritime and surface 

transportation operators, indirect air 

carriers, and other facility operators 

about individuals who are their 

employees, job applicants, or 

contractors, or persons to whom they 

issue identification credentials or grant 

clearances to secured areas in 

transportation facilities when relevant 

to such employment, application, 

contract, or the issuance of such 

credentials or clearances. 

O. To a debt collection agency for the 

purpose of debt collection. 

P. To a former employee of DHS, in 

accordance with applicable regulations, 

for purposes of responding to an official 

inquiry by a federal, state or local 

government entity or professional 

licensing authority; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Department requires 

information or consultation assistance 

from the former employee regarding a 

matter within that person’s former area 

of responsibility. 

Q. To a court, magistrate, or 

administrative tribunal where a federal 

agency is a party to the litigation or 

administrative proceeding in the course 

of presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation or settlement 

negotiations or in connection with 

criminal law proceedings. 

R. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

where there exists a legitimate public 

interest in the disclosure of the 

information except to the extent it is 

determined that release of the specific 

information in the context of a 

particular case would constitute an 

unwarranted invasion of personal 

privacy or a risk to transportation or 

national security. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Privacy Act information may be 

reported to consumer reporting agencies 

pursuant to 5 U.S.C. 552a(b)(12) for the 

purpose of collecting a debt on behalf of 

the United States Government. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records may be maintained on paper, 

audio, and video recordings, and in 

computer accessible storage media. 

Records may also be stored on 

microfiche and roll microfilm. Records 

that are sensitive or classified are 

safeguarded in accordance with agency 

procedures and applicable Executive 

Orders and statutes. 

RETRIEVABILITY: 

Records are retrieved by name, Social 

security number or other assigned 

identifier of an individual covered by 

this system. 

SAFEGUARDS: 

Information in this system is 

safeguarded in accordance with 

applicable laws, rules and policies. All 

records are protected from unauthorized 

access through appropriate 

administrative, physical, and technical 

safeguards. These safeguards include 

restricting access to authorized 

personnel who have a need-to-know and 

password protection identification 

features. TSA file areas are locked after 

normal duty hours and the facilities are 

protected from the outside by security 

personnel. 

RETENTION AND DISPOSAL: 

In accordance with NARA approved 

records schedule, N1–560–03–4, 

Contact Center and Ombudsman 

inquiries are destroyed after three years; 

correspondence files including 

Congressional correspondence are 


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retained permanently; redress records 

are retained for seven years for 

individuals who were cleared as 

possible matches, and 99 years for 

individual who were actual matches. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of the Executive 

Secretariat, TSA Headquarters, 601 S. 

12th Street, Arlington, VA 20598. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system as reflected 

in the final rule published on June 25, 

2004 (69 FR 35536). However, TSA will 

consider individual requests to 

determine whether or not information 

may be released. This, 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 Headquarters or component’s 

FOIA Officer, whose contact 

information can be found at http:// 

www.dhs.gov/foia under ‘‘contacts.’’ 

TSA’s FOIA office may be reached by 

mail at Transportation Security 

Administration, TSA–20, FOIA Office, 

601 S. 12th Street, Arlington, VA 20598. 

If an individual believes more than one 

component maintains Privacy Act 

records concerning him/her the 

individual may submit the request to 

the Chief Privacy Officer, Department of 

Homeland Security, 245 Murray Drive, 

SW., Building 410, STOP–0655, 

Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system or records you 

request must conform with the privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and data and 

place of birth. You must sign your 

request, and your signature must be 

notarized or submitted under 28 U.S.C. 

1746, a law that permits statements to 

be made under penalty of perjury as a 

substitute for notarization. While no 

specific form is required, you may 

obtain forms for this purpose from the 

Director, Disclosure and FOIA, http:// 

www.dhs.gov or 1–866–431–0486. In 

addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you, 

• Identify which component(s) of the 

Department you believe may have the 

information about you, 

• Specify when you believe the 

records would have been created, 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records, 

• If your request is seeking records 

pertaining to other living individual, 

you must include a statement from the 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURE: 

Same as ‘‘Notification Procedure’’ 

above. 

CONTESTING RECORD PROCEDURES: 

Same as ‘‘Notification Procedure’’ 

above. 

RECORD SOURCE CATEGORIES: 

Records are obtained from calls and 

correspondence from or on behalf of 

individuals who contact TSA with 

inquiries, comments, complaints, or 

claims, as well as from TSA employees 

or contractors and witnesses, and other 

third parties who provide pertinent 

information where applicable. 

Information may also be collected from 

documents such as records of the 

contact made with TSA, incident 

reports, and from other sources, such as 

employers, state and local agencies, 

other federal agencies, and related 

material for background as appropriate. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of this system are exempt 

under 5 §§ 552a(k)(1) and (k)(2) as 

reflected in the final rule published on 

June 25, 2004 (69 FR 35536). 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–8316 Filed 4–12–10; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0016] 

Privacy Act of 1974; Department of 

Homeland Security Transportation 

Security Administration—011, 

Transportation Security Intelligence 

Service Operations Files Systems 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 

Homeland Security proposes to update 

and reissue a Department of Homeland 

Security system of records notice titled, 

Transportation Security 

Administration—011 Transportation 

Security Intelligence Service Operations 

Files previously published on December 

10, 2004 to reflect necessary 

programmatic changes. As a result of the 

biennial review of this system, 

modifications are being made to the 

system of records’ categories of 

individuals, categories of records, 

routine uses, record source categories, 

retention and disposal, and notification 

procedure. The Transportation Security 

Intelligence Service Operations Filing 

System contains records on individuals 

identified in intelligence, 

counterintelligence, transportation 

security and information systems 

security records that relate to the 

Transportation Security 

Administration’s mission. For example, 

this system contains information on 

individuals involved in terrorism or the 

compromise of classified information. 

Portions of this system are exempt 

under 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) 

and (k)(5) as reflected in the final rule 

published in the Federal Register on 

August 4, 2006. 

This updated system will continue to 

be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

May 13, 2010. This new system will be 

effective May 13, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0016 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Peter 


sroberts on DSKD5P82C1PROD with NOTICES