Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Notices 69491 

1 ‘‘Non-traveling individual’’ or ‘‘non-traveler’’ 

means an individual to whom a covered aircraft 

operator or covered airport seeks to issue an 

authorization to enter the sterile area of an airport 

in order to escort a minor or passenger with 

disabilities or for some other purpose permitted by 

TSA. The term does not include employees or 

agents of an airport or aircraft operators or other 

individuals whose access to a sterile area is 

governed by another TSA requirement. 49 CFR 

1560.3. 

2 ‘‘Sterile area’’ means a portion of an airport 

defined in the airport security program that 

provides passengers access to boarding aircraft and 

to which the access generally is controlled by TSA, 

an aircraft operator, or a foreign air carrier through 

the screening of persons and property. 49 CFR 

1504.5. 

3 ‘‘National Commission on Terrorist Attacks 

Upon the United States,’’ page 393 (July 22, 2004). 

4Public Law 108–458, 118 Stat. 3638 (December 

17, 2004). 

5The TSC was established by the Attorney 

General in coordination with the Secretary of State, 

the Secretary of Homeland Security, the Director of 

the Central Intelligence Agency, the Secretary of the 

Treasury, and the Secretary of Defense. The 

Continued 

pursuant to the authority vested in the 

Administrator, Department of Homeland 

Security, under Executive Order 12148, 

as amended, Regis Leo Phelan, of FEMA 

is appointed to act as the Federal 

Coordinating Officer for this declared 

emergency. 

The following areas of the State of 

Delaware have been designated as 

adversely affected by this declared 

emergency: 

Emergency protective measures (Category 

B), limited to direct federal assistance, under 

the Public Assistance program for all 

counties in the State of Delaware. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2012–28062 Filed 11–16–12; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

[Docket No. DHS–2012–0068] 

Privacy Act of 1974: System of 

Records; Secure Flight Records 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice to alter an existing 

system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security (DHS), 

Transportation Security Administration 

(TSA) is altering and republishing an 

existing system of records notice 

(SORN) titled Department of Homeland 

Security/Transportation Security 

Administration 019 (DHS/TSA–019), 

Secure Flight Records, for the passenger 

and non-traveler screening program 

known as Secure Flight. TSA is 

republishing this SORN to reflect 

additions to TSA’s screening 

capabilities designed to better focus 

enhanced passenger screening efforts on 

individuals likely to pose a threat to 

civil aviation, and to facilitate the 

secure and efficient travel of the vast 

majority of the traveling public by 

distinguishing them from individuals on 

federal government watch lists. This 

SORN includes modifications in the 

following areas of the SORN: Categories 

of individuals, categories of records, 

purpose(s), routine uses, disclosure to 

consumer reporting agencies, data 

retention and disposal, notification 

procedure, records access procedures, 

and the record source categories. 

DATES: Submit comments on 

modifications to routine use 3 on or 

before December 19, 2012. This updated 

system will be effective upon 

publication except that the change to 

routine use 3 will be effective 30 days 

after date of publication in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0068 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

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

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Jonathan R. Cantor, Acting 

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, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Pietra, Director, Privacy Policy 

and Compliance, TSA–36, 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA 

20598–6036; email: 

TSAPrivacy@dhs.gov; or Jonathan R. 

Cantor, Acting Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528; email: 

privacy@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Notice 

You may obtain an electronic copy 

using the Internet by— 

(1) Searching the electronic Federal 

Docket Management System (FDMS) 

Web page at http://www.regulations.gov; 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

In addition, copies are available by 

writing or emailing the TSA Privacy 

Office in the FOR FURTHER INFORMATION

CONTACT section. Make sure to identify 

the docket number of this notice. 

Background 

The Transportation Security 

Administration is responsible for 

security in all modes of transportation 

and performs passenger and baggage 

screening at the Nation’s airports. Prior 

to the implementation of the TSA 

Secure Flight program, this screening 

was supplemented by aircraft operators 

who performed passenger watch list 

matching against the federal No Fly and 

Selectee Lists, as required under 

security directives issued by TSA in 

2002. Aircraft operators also conducted 

this watch list matching process for 

certain non-traveling individuals 1

authorized to enter the sterile area 2 of 

an airport. 

The National Commission on 

Terrorist Attacks Upon the United 

States (the 9/11 Commission) 

recommended that watch list matching 

be performed by TSA using the ‘‘larger 

set of watch lists maintained by the 

Federal Government.’’ 3 In response, 

under section 4012(a)(1)–(2) of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 (IRTPA),4

Congress directed TSA and DHS to 

assume from aircraft operators the 

function of comparing airline passenger 

information to data in the Terrorist 

Screening Database (TSDB) maintained 

by the Terrorist Screening Center 

(TSC).5 Consistent with this statutory 


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Attorney General, acting through the Director of the 

Federal Bureau of Investigation (FBI), established 

the TSC in support of Homeland Security 

Presidential Directive 6 (HSPD–6), dated September 

16, 2003, which required the Attorney General to 

establish an organization to consolidate the Federal 

Government’s approach to terrorism screening and 

to provide for the appropriate and lawful use of 

terrorist information in screening processes. The 

TSC maintains the Federal government’s 

consolidated and integrated terrorist watch list, 

known as the TSDB. 

6 73 FR 64018 (Oct. 28, 2008). 

7 72 FR 48392. 

8 72 FR 63711. 

9To accomplish this list matching function, 

Secure Flight ingests copies of these lists of 

individuals identified on other government systems 

to minimize the processing time when Secure Flight 

receives passenger travel data. 

10http://www.dhs.gov/files/programs/ 

gc_1169673653081.shtm. 

11See 49 CFR 1560.3. 

12See TSA Pre✓TM Pilot Starts Today at Select 

Airports to Further Enhance Security, TSA Office of 

Public Affairs (October 4, 2011), www.tsa.gov/press/ 

releases/2011/1004.shtm. 

13CBP Trusted Traveler programs include Global 

Entry, SENTRI, and NEXUS. See www.cbp.gov/xp/ 

cgov/travel/trusted_traveler. For individuals in the 

CBP Trusted Traveler programs, TSA receives from 

CBP a list of eligible travelers that is ingested into 

Secure Flight to minimize the processing time when 

Secure Flight receives passenger travel data. 

Eligible members of these programs provide their 

Known Traveler number to aircraft operators for 

transmittal to Secure Flight. 

14For airline frequent flyers, TSA has developed 

eligibility criteria and partnered with aircraft 

operators that identify frequent flyers who meet 

those criteria. Those frequent flyers are given the 

opportunity to opt into the TSA Pre✓TM program. 

When those passengers’ travel data are submitted by 

the aircraft operators to Secure Flight, the aircraft 

operator also includes a designator code that 

identifies the passenger as eligible for expedited 

screening. See www.tsa.gov/what_we_do/ 

escreening.shtm. 

15See TSA Pre✓TM Screening Benefits Expanding 

to Additional Airports, TSA Office of Public Affairs 

(March 30, 2012), www.tsa.gov/press/releases/2012/ 

0330.shtm; DHS/TSA/PIA–018(e)—Secure Flight 

Program Update, www.dhs.gov/xlibrary/assets/ 

privacy/privacy_pia_tsa_secureflight_ 

update018(e).pdf. 

16As additional populations are added to the TSA 

Pre✓TM program, additional lists of eligible 

individuals will be ingested by Secure Flight. The 

Secure Flight Privacy Impact Assessment (PIA) will 

be updated to reflect that information. See 

www.dhs.gov/xlibrary/assets/privacy/ 

privacy_pia_tsa_secureflight_update018(e).pdf. 

17PARIS is an enforcement and inspections 

system for all modes of transportation for which 

TSA has security related duties, and maintains 

records related to the investigation or prosecution 

of violations or potential violations of Federal, 

State, local, or international criminal law. For 

additional information, see DHS/TSA–001 

Transportation Security Administration 

Transportation Security Enforcement Record 

System (TSERS), 75 FR 28042 (May 19, 2010). 

18See Secretary Napolitano Announces New 

Measures to Strengthen Aviation Security, DHS 

Office of the Press Secretary (April 2, 2010). 

directive, TSA promulgated the Secure 

Flight Final Rule 6 for the purpose of 

enhancing the security of air travel in 

the United States and to support the 

federal government’s counter-terrorism 

efforts by assisting in the detection of 

individuals on federal government 

watch lists who seek to travel by air, 

and to facilitate the secure travel of the 

public. By November 2010, TSA fully 

assumed the watch list matching 

function from aircraft operators and air 

carriers. 

TSA established the Secure Flight 

system of records and published the 

SORN in the Federal Register on August 

23, 2007.7 TSA altered and republished 

the SORN in the Federal Register on 

November 9, 2007.8 TSA is amending 

the Secure Flight SORN again to reflect 

additions to TSA’s screening 

capabilities as discussed below. 

TSA uses Secure Flight to conduct 

watch list matching against the No Fly 

and Selectee List components of the 

TSDB. Where warranted by security 

considerations, Secure Flight also 

matches against the full TSDB and other 

government databases. In addition, 

Secure Flight matches against the list of 

individuals whom the Department of 

Health and Human Services, Centers for 

Disease Control and Prevention (CDC) 

has identified to DHS as persons who 

should not be permitted to board an 

aircraft due to public health concerns.9

TSA also uses Secure Flight to match 

air travelers and other individuals 

seeking access to airport sterile areas 

against a list of individuals who have 

each been assigned a unique redress 

number by the DHS Traveler Redress 

Inquiry Program (TRIP).10 TSA also may 

collect and use a passenger’s ‘‘Known 

Traveler Number’’ if available. A Known 

Traveler Number is a unique number 

assigned to Known Travelers for whom 

the federal government has conducted a 

security threat assessment and 

determined do not pose a security 

threat.11 TSA did not use this capability 

when it initially assumed responsibility 

for passenger screening using Secure 

Flight. In October 2011, however, TSA 

announced the TSA Pre✓TM pilot 

program.12 TSA initiated TSA Pre✓TM

as a proof of concept at four U.S. 

airports, starting with individuals 

enrolled within U.S. Customs and 

Border Protection (CBP) Trusted 

Traveler programs 13 and certain airline 

frequent flyer program members.14 The 

purpose of the proof of concept was to 

evaluate capabilities to identify air 

travelers who are lower risk and eligible 

for expedited security screening at the 

airport checkpoints, and to test 

expedited screening processes. The 

Known Travelers participating in the 

proof of concept volunteered 

information that permitted TSA to make 

risk assessments before the individual 

arrives at the airport. 

Earlier this year, TSA began the 

transition of the TSA Pre✓TM program— 

including individuals in CBP Trusted 

Traveler programs and certain airline 

frequent flyer program members—from 

proof of concept to an operational 

status.15 TSA is expanding the 

availability of TSA Pre✓TM to additional 

U.S. airports and populations, such as 

eligible members of the U.S. Armed 

Forces and certain active security 

clearance holders.16 By identifying 

passengers who are low risk and 

providing them expedited screening, 

TSA Pre✓TM enables the agency to better 

focus its screening efforts on individuals 

who are more likely to pose a threat to 

civil aviation. 

As part of the effort to identify 

individuals that are low risk, TSA also 

is creating and maintaining a watch list 

of individuals who are disqualified from 

eligibility from TSA Pre✓TM, for some 

period of time or permanently, because 

they have been involved in violations of 

security regulations of sufficient 

severity or frequency. Disqualifying 

violations of aviation security 

regulations may involve violations at 

the airport or on board aircraft, such as 

a loaded firearm that is discovered in 

carry-on baggage at the checkpoint, or a 

threat to use a destructive device against 

a transportation conveyance, facilities, 

or personnel. The TSA Pre✓TM

Disqualification List will be generated 

by TSA’s Performance and Results 

Information System (PARIS).17

Consistent with its ongoing efforts to 

focus on passengers who are more likely 

to pose a threat to civil aviation, and 

following the failed terrorist attack on 

an international flight bound for Detroit 

on December 25, 2009, the Secure Flight 

program began matching passengers on 

international flights bound for the 

United States against a list of 

individuals requiring enhanced 

screening that is generated through 

CBP’s Automated Targeting System 

(ATS).18 ATS uses threat-based 

intelligence scenarios designed to 

identify international travelers who are 

more likely to pose a threat and for 

whom enhanced screening is 

appropriate. TSA receives from CBP a 

continuously updated list of individuals 

identified through these scenario rules 

for use in Secure Flight passenger 

screening. Oversight is exercised by the 

DHS Offices of Privacy, Civil Rights and 

Civil Liberties, and General Counsel to 

ensure that the threat-based intelligence 

is appropriately applied. After they 

arrive in the United States, some of 

these international travelers also may 

receive enhanced screening prior to 


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19SFPD is the following information regarding a 

passenger or non-traveling individual: Full name, 

date of birth, gender, redress number or Known 

Traveler Number, passport information, reservation 

control number, record sequence number, record 

type, passenger update indicator, traveler reference 

number, and itinerary information. 49 CFR 1560.3. 

subsequent domestic and international 

outbound flights for a period of time, 

again based on threat-based, 

intelligence-driven scenario rules. 

TSA receives from CBP an Electronic 

System for Travel Authorization (ESTA) 

status code for international travelers. 

ESTA is an automated system used by 

CBP to determine the eligibility of 

visitors to travel to the United States 

under the Visa Waiver Program and 

whether the traveler poses any law 

enforcement or security risk. In order to 

eliminate multiple messages to the 

airlines from CBP and TSA on a single 

passenger, Secure Flight transmits the 

ESTA status code for international 

travelers to the aircraft operator as part 

of the boarding pass printing result. 

Finally, TSA is adding a clause to 

subsection (a) of the Category of 

Individuals to ensure that, when 

requested by a U.S. government agency 

or institution, TSA may use Secure 

Flight to vet passengers on U.S. 

government operated, chartered, or 

leased flights. A corresponding change 

to routine use (3) is being made to 

permit disclosure of information to the 

U.S. government agency for screening 

status or operational response. 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, DHS/TSA is 

altering and republishing DHS/TSA 

SORN DHS/TSA–019, titled Secure 

Flight Records (72 FR 63711, November 

9, 2007). Consistent with the discussion 

above, the following modifications are 

being made to the DHS/TSA–019 Secure 

Flight Records system of records: 

• The Categories of Individuals 

section is updated as follows: 

Æ We have added a category of 

individuals to subsection (a) to ensure 

that U.S. government operated flights 

are covered, including flights leased or 

chartered by the U.S. government. 

Æ We have rewritten subsection (c) 

to clarify that it addresses individuals 

involved with chartered or leased 

aircraft ‘‘with a maximum take-off 

weight’’ over 12,500 pounds; and 

Æ We have added a new subsection 

(f) to expressly include individuals who 

are identified as Known Travelers. 

• The Categories of Records section is 

updated as follows: 

Æ We have amended subsection (a) 

to note that TSA receives from aircraft 

operators the designator code used to 

verify certain travelers’ frequent flyer 

status. 

Æ Subsection (a) also was amended 

to clarify that Secure Flight may receive 

Secure Flight Passenger Data (SFPD) 19

for individuals who seek to charter, 

lease, operate, or be transported on 

aircraft ‘‘with a maximum take-off 

weight’’ over 12,500 pounds, and 

owners and/or operators of such aircraft, 

Æ We have revised subsection (d) to 

reflect that matching analyses and 

results may include lists generated by 

other classified and unclassified 

government watchlists. As discussed 

above such lists include CBP ATS, the 

TSA Pre✓TM Disqualification list, and 

the CDC Do Not Board list. 

Æ We have inserted a new 

subsection (h) to expressly include the 

Electronic System for Travel 

Authorization (ESTA) status code for 

international travelers as a category of 

records, 

Æ We have inserted a new 

subsection (i) to expressly include 

records about Known Travelers. 

• The Purpose(s) section is updated 

to reflect that, in addition to assisting in 

the detection of individuals identified 

on federal government watch lists who 

seek to travel by air, Secure Flight also 

is used to identify air travelers who are 

lower risk and eligible for expedited 

security screening at the airport 

checkpoints. 

• The Routine Uses section is 

updated as follows: 

Æ We have rewritten routine use (2) 

to conform to a standard DHS routine 

use pertaining to the sharing of 

information with contractors when 

necessary. 

Æ We have amended routine use (3) 

to more accurately reflect that TSA 

discloses the passenger screening status, 

not the watch list matching status, to 

airlines, airports, and the Department of 

Transportation, and to reflect that 

passenger screening information may be 

disclosed to U.S. government agencies 

that operate, charter, or lease aircraft. 

This would permit, for example, the 

Department of Defense (DoD) to request 

that passengers on a DoD operated or 

chartered flight be vetted through 

Secure Flight. 

Æ We have amended routine use (4) 

to make it consistent with routine use 

(3) providing for disclosure regarding 

individuals who pose or are suspected 

of posing a risk to transportation or 

national security. 

Æ We have deleted from routine use 

(9) the reference to the DHS Office of 

Inspector General since such disclosures 

would be accomplished pursuant to the 

Privacy Act under 5 U.S.C. 552a(b)(1) 

rather than pursuant to a routine use. 

• The Disclosure to Consumer 

Reporting Agencies section is being 

changed to reflect that disclosures in 

connection with the Debt Collection Act 

of 1982 (Pub. L. 97–365) are not part of 

this system of records. Routine use 12 

remains in place to permit disclosures 

in the event of a data breach. 

• The Retention and Disposal section 

is amended to reflect that the retention 

schedule was approved by NARA. This 

section also was amended to reflect that 

lists of individuals in Secure Flight, 

such as Known Traveler lists and the 

TSA Pre✓TM Disqualification list, will 

be deleted or destroyed when 

superseded. 

• The System Manager and 

Notification Procedure section has been 

updated to reflect updated contact 

information. 

• The Records Access Procedures 

section has been updated to reflect the 

correct zip code for the TSA Freedom of 

Information Act Office. 

• The Records Access Procedures 

section also was revised to clarify that 

individuals who believe they have been 

improperly denied entry by CBP may 

submit a redress request through DHS 

TRIP. 

• The Record Source Categories 

section is updated to clarify that Secure 

Flight may receive information from all 

three branches of the Federal 

government, as well as from private 

entities (e.g., airlines) that participate in 

the Known Traveler program. 

• The Exemptions Claimed for the 

System category is updated to include 

non-travelers to whom a covered aircraft 

operator or covered airport seeks to 

issue an authorization to enter the 

sterile area of an airport. 

Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the federal government 

agencies collect, maintain, use, and 

disseminate 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 U.S. 

citizens and lawful permanent 

residents. As a matter of policy, DHS 

extends administrative Privacy Act 

protections to all individuals when 

systems of records maintain information 

on U.S. citizens, lawful permanent 

residents, and visitors. Individuals may 


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69494 Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Notices 

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 recordkeeping 

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–019 Secure Flight Records 

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–019 

SYSTEM NAME: 

Secure Flight Records. 

SECURITY CLASSIFICATION: 

Unclassified; Sensitive Security 

Information. 

SYSTEM LOCATION: 

Records are maintained at the 

Transportation Security Administration 

(TSA), 601 South 12th Street, Arlington, 

VA, and at other secure TSA facilities in 

Annapolis Junction, Maryland and 

Colorado Springs, Colorado. Records 

also may be maintained at the secured 

facilities of contractors or other parties 

that perform functions under the Secure 

Flight program. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

(a) Individuals who attempt to make 

reservations for travel on, have traveled 

on, or have reservations to travel on a 

flight operated by a U.S. aircraft 

operator, or a flight into, out of, or 

overflying the United States that is 

operated by a foreign air carrier, or 

flights operated by the U.S. government, 

including flights chartered or leased by 

the U.S. government; 

(b) Non-traveling individuals who 

seek to obtain authorization from an 

aircraft or airport operator to enter the 

sterile area of an airport; 

(c) For flights that TSA grants a 

request by the operators of leased or 

charter aircraft with a maximum take-off 

weight over 12,500 pounds to screen the 

individuals using Secure Flight, the 

following individuals: (1) Individuals 

who seek to charter or lease an aircraft 

with a maximum take-off weight over 

12,500 pounds or who are proposed to 

be transported on or operate such 

charter aircraft; and (2) owners and/or 

operators of such chartered or leased 

aircraft; 

(d)(1) Known or suspected terrorists 

identified in the Terrorist Screening 

Database (TSDB) maintained by the 

Terrorist Screening Center (TSC); and 

(2) individuals identified on classified 

and unclassified governmental 

databases such as law enforcement, 

immigration, or intelligence databases; 

(e) Individuals who have been 

distinguished from individuals on a 

watch list through a redress process, or 

other means; and 

(f) Individuals who are identified as 

Known Travelers for whom the federal 

government has conducted a security 

threat assessment and determined do 

not pose a security threat. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

(a) Records containing passenger and 

flight information (e.g., full name, date 

of birth, gender, redress number, Known 

Traveler Number, passport information, 

frequent flyer designator code or other 

identity authentication/verification code 

obtained from aircraft operators, and 

itinerary); records containing 

information about non-traveling 

individuals seeking access to an airport 

sterile area for a purpose approved by 

TSA; and records containing 

information about individuals who seek 

to charter, lease, operate or be 

transported on aircraft with a maximum 

take-off weight over 12,500 pounds if 

TSA grants the request of an aircraft 

owner or operator to use Secure Flight; 

(b) Records containing information 

from an individual’s form of 

identification or a physical description 

of the individual; 

(c) Records obtained from the TSC of 

known or suspected terrorists in the 

TSDB; and records regarding 

individuals identified on classified and 

unclassified governmental watch lists; 

(d) Records containing the matching 

analyses and results of comparisons of 

individuals to the TSDB and other 

classified and unclassified 

governmental watch lists; 

(e) Records related to communications 

between or among TSA and aircraft 

operators, airport operators, owners 

and/or operators of leased or charter 

aircraft with a maximum take-off weight 

over 12,500 pounds, TSC, law 

enforcement agencies, intelligence 

agencies, and agencies responsible for 

airspace safety or security, regarding the 

screening status of passengers or nontraveling individuals and any 

operational responses to individuals 

identified in the TSDB; 

(f) Records of the redress process that 

include information on known 

misidentified persons, including any 

Redress Number assigned to those 

individuals; 

(g) Records that track the receipt, use, 

access, or transmission of information as 

part of the Secure Flight program; 

(h) Electronic System for Travel 

Authorization status code generated by 

U.S. Customs and Border Protection 

(CBP) for international travelers; and 

(i) Records containing information 

about individuals who are identified as 

Known Travelers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 114, 40113, 44901, 44903, 

and 44909. 

PURPOSE(S): 

The Secure Flight Records system will 

be used to identify and protect against 

potential and actual threats to 

transportation security and support the 

federal government’s counterterrorism 

efforts by assisting in the identification 

of individuals who warrant further 

scrutiny prior to boarding an aircraft or 

seek to enter a sterile area or who 

warrant denial of boarding or denial of 

entry to a sterile area on security 

grounds. It also will be used to identify 

individuals who are lower risk and 

therefore may be eligible for expedited 

security screening at the airport 

checkpoints. Both of these functions are 

designed to facilitate the secure travel of 

the public. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

(1) To the TSC in order to: (a) 

Determine whether an individual is a 

positive identity match to an individual 

identified as a known or suspected 

terrorist in the watch list; (b) allow 

redress of passenger complaints; (c) 

facilitate an operational response, if one 

is deemed appropriate, for individuals 

who are a positive identity match to an 

individual identified as a known or 

suspected terrorist in the watch list; (d) 

provide information and analysis about 

terrorist encounters and known or 

suspected terrorist associates to 

appropriate domestic and foreign 

government agencies and officials for 

counterterrorism purposes; and (e) 

perform technical implementation 

functions necessary for the Secure 

Flight program. 

(2) To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 


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Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Notices 69495 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

(3) To aircraft operators, foreign air 

carriers, airport operators, the 

Department of Transportation, and the 

Department of Defense or other U.S. 

government agencies or institutions, to 

communicate individual screening 

status and facilitate an operational 

response, where appropriate, to 

individuals who pose or are suspected 

of posing a risk to transportation or 

national security. 

(4) To owners or operators of leased 

or charter aircraft to communicate 

individual screening status and 

facilitate an operational response, when 

appropriate, to individuals who pose or 

are suspected of posing a risk to 

transportation or national security. 

(5) To the appropriate federal, state, 

local, tribal, territorial, foreign, or 

international agency regarding or to 

identify individuals who pose, or are 

under reasonable suspicion of posing, a 

risk to transportation or national 

security. 

(6) To the Department of Justice (DOJ) 

or other Federal agency for purposes of 

conducting litigation or administrative 

proceedings, when: (a) The Department 

of Homeland Security (DHS), or (b) any 

employee or former employee of DHS in 

his/her official capacity, or (c) any 

employee or former employee of DHS in 

his/her individual capacity where the 

DOJ or DHS has agreed to represent the 

employee, or (d) the United States or 

any agency thereof, is a party to the 

litigation or proceeding or has an 

interest in such litigation or proceeding. 

(7) To the National Archives and 

Records Administration (NARA) or 

other Federal agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

(8) To a congressional office in 

response to an inquiry from that 

congressional office made at the request 

of the individual. 

(9) To the Government Accountability 

Office or other agency, organization, or 

individual for the purposes of 

performing authorized audit or 

oversight operations, but only such 

information as is necessary and relevant 

to such audit and oversight functions. 

(10) To the appropriate federal, state, 

local, tribal, territorial, foreign, or 

international agency responsible for 

investigating, prosecuting, enforcing, or 

implementing a statute, rule, regulation, 

or order regarding a violation or 

potential violation of civil or criminal 

law, regulation, or order when such 

disclosure is proper and consistent with 

the performance of the official duties of 

the person making the disclosure. 

(11) To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international agreements when such 

disclosure is proper and consistent with 

the performance of the official duties of 

the person making the disclosure. 

(12) To appropriate agencies, entities, 

and persons when (a) TSA suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) TSA 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 TSA or another agency or 

entity) that rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with TSA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

(13) To appropriate federal, state, 

local, tribal, or foreign governmental 

agencies or multilateral governmental 

organizations, including the World 

Health Organization, for purposes of 

assisting such agencies or organizations 

in preventing exposure to or 

transmission of communicable or 

quarantinable disease or for combating 

other significant public health threats; 

appropriate notice will be provided of 

any identified health threat or risk. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained at the 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA, 

and at other secure TSA facilities in 

Annapolis Junction, Maryland and 

Colorado Springs, Colorado. Records 

also may be maintained at the secured 

facilities of contractors or other parties 

that perform functions under the Secure 

Flight program. The records are stored 

on magnetic disc, tape, digital media, 

and CD–ROM, and may also be retained 

in hard copy format in secure file 

folders or safes. 

RETRIEVABILITY: 

Data are retrievable by the 

individual’s name or other identifier, as 

well as non-identifying information 

such as itinerary. 

SAFEGUARDS: 

All records are protected from 

unauthorized access through 

appropriate administrative, physical, 

and technical safeguards. The system is 

also protected through a multi-layer 

security approach. The protective 

strategies are physical, technical, 

administrative, and environmental in 

nature. The system has role-based 

access control to sensitive data, physical 

access control to DHS facilities, auditing 

software, and confidentiality of 

communications, including encryption, 

authentication of sending parties, 

compartmentalizing databases. 

Personnel is conducted screening to 

ensure that all personnel with access to 

data are screened through background 

investigations commensurate with the 

level of access required to perform their 

duties. 

Information in this system is 

safeguarded in accordance with 

applicable rules and policies, including 

any applicable TSA and DHS automated 

systems security and access policies. 

The system will be in compliance with 

Office of Management and Budget and 

National Institute of Standards and 

Technology guidance. Access to the 

computer system containing the records 

in this system of records is limited to 

those individuals who require it to 

perform their official duties. The 

computer system also maintains a realtime audit of individuals who access the 

system. 

RETENTION AND DISPOSAL: 

Records relating to an individual 

determined by the automated matching 

process to be neither a match nor or 

potential match to a watchlist will be 

destroyed within seven days after 

completion of the last leg of the 

individual’s directional travel itinerary. 

Records relating to an individual 

determined by the automated matching 

process to be a potential watch list 

match will be retained for seven years 

after the completion of the individual’s 

directional travel itinerary. Records 

relating to an individual determined to 

be a confirmed watchlist match will be 

retained for 99 years after the date of 

match confirmation. 

Lists of individuals stored in Secure 

Flight, such as individuals identified as 

Known Travelers and individuals who 


pmangrum on DSK3VPTVN1PROD with NOTICES
69496 Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Notices 

have been disqualified from eligibility 

to receive expedited screening as a 

result of their involvement in certain 

security incidents, will be deleted or 

destroyed when superseded by an 

updated list. 

SYSTEM MANAGER(S) AND ADDRESS: 

Secure Flight Mission Support Branch 

Manager, Transportation Security 

Administration, TSA–19, 601 South 

12th Street, Arlington, VA 20598–6019. 

NOTIFICATION PROCEDURE: 

To determine whether this system 

contains records relating to you, write to 

the Freedom of Information Act Office, 

Transportation Security Administration, 

TSA–20, 601 South 12th Street, 

Arlington, VA 20598–6020. 

RECORDS ACCESS PROCEDURES: 

Requests for records access must be in 

writing and should be addressed to the 

Freedom of Information Act Office, 

Transportation Security Administration, 

TSA–20, 601 South 12th Street, 

Arlington, VA 20598–6020. Requests 

should conform to the requirements of 

6 CFR Part 5, Subpart B, which provides 

the rules for requesting access to Privacy 

Act records maintained by DHS. The 

envelope and letter should be clearly 

marked ‘‘Privacy Act Access Request.’’ 

The request should include a general 

description of the records sought and 

must include the requester’s full name, 

current address, and date and place of 

birth. The request must be signed and 

either notarized or submitted under 

penalty of perjury. Some information 

may be exempt from access provisions. 

An individual who is the subject of a 

record in this system may access those 

records that are not exempt from 

disclosure. A determination whether a 

record may be accessed will be made at 

the time a request is received. 

Individuals who believe they have 

been improperly denied entry by CBP, 

refused boarding for transportation, or 

identified for additional screening may 

submit a redress request through the 

DHS Traveler Redress Program (‘‘TRIP’’) 

(see 72 FR 2294, January 18, 2007). TRIP 

is a single point of contact for 

individuals who have inquiries or seek 

resolution regarding difficulties they 

experienced during their travel 

screening at transportation hubs—like 

airports and train stations or crossing 

U.S. borders. Through TRIP, a traveler 

can correct erroneous data stored in 

Secure Flight and other data stored in 

other DHS databases through one 

application. Additionally, for further 

information on the Secure Flight 

program and the redress options please 

see the accompanying Privacy Impact 

Assessment for Secure Flight published 

on the DHS Web site at www.dhs.gov/ 

privacy. Redress requests should be sent 

to: DHS Traveler Redress Inquiry 

Program (TRIP), TSA–901, 601 South 

12th Street, Arlington, VA 20598–6036 

or online at http://www.dhs.gov/trip. 

CONTESTING RECORDS PROCEDURES: 

Same as ‘‘Notification Procedure’’ and 

‘‘Record Access Procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Information contained in the system 

is obtained from U.S. aircraft operators, 

foreign air carriers, the owners and 

operators of leased or charter aircraft 

with a maximum take-off weight over 

12,500 pounds who request TSA 

screening, the TSC, TSA employees, 

airport operators, Federal executive 

branch agencies, Federal judicial and 

legislative branch entities, State, local, 

international, and other governmental 

agencies, private entities for Known 

Traveler program participants, and the 

individuals to whom the records in the 

system pertain. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

No exemption will be asserted with 

respect to identifying information, or 

flight information, obtained from 

passengers, non-travelers, and aircraft 

owners or operators. 

This system, however, may contain 

records or information recompiled from 

or created from information contained 

in other systems of records that are 

exempt from certain provisions of the 

Privacy Act. For these records or 

information only, in accordance with 5 

U.S.C. 552a(j)(2) and (k)(2), TSA claims 

the following exemptions for these 

records or information from subsections 

(c)(3) and (4); (d)(1), (2), (3), and (4); 

(e)(1), (2), (3), (4)(G) through (I), (5), and 

(8); (f); and (g) of the Privacy Act of 

1974, as amended, as necessary and 

appropriate to protect such information. 

Certain portions or all of these records 

may be exempt from disclosure 

pursuant to these exemptions. 

Dated: November 6, 2012. 

Jonathan R. Cantor, 

Chief Privacy Officer, Acting, Department of 

Homeland Security. 

[FR Doc. 2012–28058 Filed 11–16–12; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5603–N–81] 

Notice of Submission of Proposed 

Information Collection to OMB; 

OneCPD Technical Assistance and 

Capacity Building Needs Assessment 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

The OneCPD Needs Assessment will 

enhance a grantee’s awareness of their 

functional capacity to effectively and 

efficiently administer and manage 

programs funded by CPD and enable 

HUD and the TA provider to better 

understand the scope of assistance 

needed by each grantee and to target 

appropriate TA resources to grantees. It 

will also enable HUD to identify trends 

in TA needs across grantees and assist 

in prioritizing the development of tools, 

products and group learning activities to 

benefit CPD grantees and subrecipients. 

Members of the affected public: 

Grantees and subrecipient organizations 

receiving funding to operate and 

manage programs administered by the 

Office of Community Planning and 

Development (CPD). 

DATES: Comments Due Date: December 

19, 2012. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2506-New) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–5806. Email: 

OIRA_Submission@omb.eop.gov fax: 

202–395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 451 Seventh 

Street SW., Washington, DC 20410; 

email Colette Pollard at Colette.Pollard@

hud.gov. or telephone (202) 402–3400. 

This is not a toll-free number. Copies of 

available documents submitted to OMB 

may be obtained from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 


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