Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 3441 

3), and dengue type 4 virus (DENV–4) 

are most important in terms of human 

morbidity and geographic distribution. 

Dengue viruses cause dengue outbreaks 

and major epidemics in most tropical 

and subtropical areas where Aedes 

albopictus and Aedes aegypti 

mosquitoes are abundant. 

A safe and effective vaccine against 

dengue is currently not available. 

Passive immunization with monoclonal 

antibodies from non-human primates or 

humans represents a possible alternative 

to vaccines for prevention of illness 

caused by dengue virus. This invention 

claims fully human monoclonal 

antibodies that bind and neutralize 

dengue type 1, 2, 3 and 4 viruses. It also 

claims fragments of such antibodies and 

nucleic acids encoding the antibodies of 

the invention as well as prophylactic, 

therapeutic and diagnostic methods 

employing the antibodies and nucleic 

acids of the invention. 

Potential Commercial Applications: 

• Prophylaxis/therapy against dengue 

serotypes 1, 2, 3, and 4. 

• Dengue diagnostics. 

Competitive Advantages: 

• Antibodies are cross-reactive with 

all four serotypes of dengue. 

• Antibodies are fully human. 

Development Stage: 

• Pre-clinical. 

• In vitro data. 

Inventors: Dimiter S. Dimitrov and 

Zhongyu Zhu (NCI). 

Intellectual Property: HHS Reference 

No. E–273–2011/0—US Application No. 

61/646,638 filed 14 May 2012. 

Related Technologies: HHS Reference 

No. E–066–2003/5—US Patent 

7,622,133 issued 24 Nov 2009; US 

Application No. 12/607,035 filed 27 Oct 

2009. 

Licensing Contact: Peter A. Soukas; 

301–435–4646; soukasp@mail.nih.gov. 

Collaborative Research Opportunity: 

The NCI/CCR/NP is seeking statements 

of capability or interest from parties 

interested in collaborative research to 

further develop, evaluate or 

commercialize Cross-Reactive Dengue 

Fully Human Monoclonal A. For 

collaboration opportunities, please 

contact John Hewes, Ph.D. at 

hewesj@mail.nih.gov. 

Typhoid-Plague Bivalent Vaccine 

Description of Technology: Yersinia 

pestis (Y. pestis) bacteria is the 

causative agent of plague, typically 

transmitted from animals to humans by 

the bite of an infected flea. Y. pestis 

infection of the lungs leads to 

pneumonic plague, which is highly 

contagious and generally fatal. Y. pestis 

is a potential bioterrorist threat agent for 

which no vaccine yet exists. 

This invention claims the generation 

and development of a candidate oral 

vaccine against plague. The vaccine 

consists of a synthetic gene construct 

that expresses a Y. pestis F1–V fusion 

antigen linked to a secretion signal, 

resulting in the production of large 

amounts of the F1–V antigen. The F1– 

V synthetic gene fusion is housed 

within Ty21a, an attenuated typhoid 

fever strain that is licensed for human 

use as a live oral bacterial vaccine. 

Ty21a serves as a carrier to deliver the 

F1–V fusion antigens of the plague 

bacteria; the combined F1–V fusion in 

the Ty21a carrier has been shown to 

stimulate a robust immune response in 

mice. The possibility of combining the 

oral plague vaccine of this invention 

with FDA’s candidate oral anthrax 

vaccine exists and would result in an 

easy-to-administer oral delivery system 

to streamline administration of the 

vaccine to large numbers of recipients in 

emergency situations. 

Potential Commercial Applications: 

Plague vaccines, therapeutics and 

diagnostics. 

Competitive Advantages: 

• Vector is well-characterized. 

• Simple manufacturing process. 

• Potential low-cost vaccine. 

Development Stage: 

• Pre-clinical. 

• In vitro data available. 

• In vivo data available (animal). 

Inventors: Dennis J. Kopecko, Manuel 

A. Osorio, Monica R. Foote (FDA/ 

CBER). 

Intellectual Property: HHS Reference 

No. E–105–2011/0—US Application No. 

61/650,676 filed 23 May 2012. 

Related Technologies: HHS Reference 

No. E–344–2003/1—US Patent 

7,758,855 issued 20 Jul 2010; US Patent 

8,247,225 issued 21 Aug 2012. 

Licensing Contact: Peter A. Soukas; 

301–435–4616; soukasp@mail.nih.gov. 

Collaborative Research Opportunity: 

The FDA Center for Biologics 

Evaluation and Research, Lab of Enteric 

and Sexually Transmitted Diseases, is 

seeking statements of capability or 

interest from parties interested in 

collaborative research to further 

develop, evaluate or commercialize oral 

plague vaccine. For collaboration 

opportunities, please contact Dennis 

Kopecko at 

dennis.kopecko@fda.hhs.gov. 

Dated: January 10, 2013. 

Richard U. Rodriguez, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health. 

[FR Doc. 2013–00737 Filed 1–15–13; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0076] 

Privacy Act of 1974; Department of 

Homeland/U.S. Customs and Border 

Protection—002 Global Enrollment 

System (GES), System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of Privacy Act System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Department of Homeland Security 

proposes to update and reissue the 

Department of Homeland Security 

system of records titled, ‘‘Department of 

Homeland Security/U.S. Customs and 

Border Protection—002 Global 

Enrollment System’’ system of records. 

This system of records allows the 

Department of Homeland Security/U.S. 

Customs and Border Protection to 

collect and maintain records on 

individuals who voluntarily provide 

personally identifiable information to 

U.S. Customs and Border Protection in 

return for enrollment in a program that 

will make them eligible for expedited 

processing at designated U.S. border 

ports of entry, including all trusted 

traveler and registered traveler 

programs. This system of records notice 

is being re-published to update the 

categories of records, authorities, 

purposes, routine uses, retrievability, 

retention and disposal, notification 

procedures, record sources, and 

exemptions sections of the system. 

Additionally, this notice includes nonsubstantive changes to simplify the 

formatting and text of the previously 

published notice. The Global 

Enrollment System will now maintain 

law enforcement information as part of 

the vetting results, therefore the 

Department of Homeland Security is 

issuing a Notice of Proposed 

Rulemaking, to exempt this system of 

records from certain provisions of the 

Privacy Act of 1974, as amended, 

elsewhere in the Federal Register. This 

updated system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

February 15, 2013. This updated system 

will be effective February 15, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0076 by one of the following 

methods: 

mstockstill on DSK4VPTVN1PROD with 

3442 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 

• 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: For 

general questions, please contact: 

Laurence Castelli, (202) 325–0280, CBP 

Privacy Officer, U.S. Customs and 

Border Protection, Mint Annex, 799 

Ninth Street NW., Washington, DC 

20229. For privacy questions, please 

contact: Jonathan R. Cantor, (202) 343– 

1717, Acting Chief Privacy Officer, 

Privacy Office, 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) U.S. Customs 

and Border Protection (CBP) proposes to 

update and reissue a current DHS 

system of records titled, ‘‘DHS/CBP–002 

Global Enrollment System (GES).’’ 

Global Entry (GE) is the DHS/CBP 

program that enables CBP to expedite 

the inspection and security process for 

lower risk travelers and allows more 

scrutiny for those travelers who present 

an unknown risk. GE, previously a pilot 

program, is now a permanent trusted 

traveler program (77 FR 5681 (Feb. 6, 

2012)). Under GE, expedited processing 

into the United States and certain 

foreign countries will be expanded 

through a growing number of 

participating U.S. and foreign 

international airports and foreign 

partnerships. Through such 

partnerships, U.S. citizens and citizens 

of certain foreign countries will be able 

to apply for expedited processing at 

their respective airports. 

CBP has signed a number of joint 

statements with foreign partners that 

provide the basic framework for 

allowing U.S. citizens and citizens of 

the applicable foreign countries to apply 

for expedited processing at their 

respective airports. The general purpose 

of the joint statement is to offer 

expedited processing to U.S. citizens 

and the citizens of the foreign country 

that is party to that joint statement, 

based on a mutually determined set of 

vetting criteria and standards. CBP 

continues to work with government 

border authorities in various countries 

to create this growing international 

network in which, once individuals are 

screened and deemed trusted by the 

authorities in their own country, the 

other country in the alliance will accept 

them in their respective national trusted 

traveler programs. 

Depending on the nature of the 

agreement with the foreign partner, 

DHS/CBP will maintain and share 

different personally identifiable 

information. In certain instances the 

joint statements commit to allowing 

citizens of foreign countries to apply for 

GE after the appropriate 

Interconnectivity Service Agreement 

(ISA) has been implemented. In other 

instances, the joint statements commit 

to sharing information about citizens 

who apply to be members of both 

countries’ trusted traveler program after 

the appropriate ISA has been 

implemented. As part of the procedures 

for implementing a joint statement and 

adding foreign partners to GE, CBP and 

each foreign partner are executing 

parallel protocols that incorporate 

privacy protections. A more in-depth 

discussion of the arrangements by 

country is made available in DHS/CBP/ 

PIA—002(b) GES Privacy Impact 

Assessment and Appendix A ‘‘CBP 

Global Entry Expansion: Joint 

Statements,’’ which is being published 

in conjunction with this system of 

records and will be updated with 

relevant information. 

In addition to new foreign partners, 

CBP has consolidated the registered 

traveler programs under GES to include 

the Small Vessel Reporting System 

(SVRS) and the Decal and Transponder 

Online Procurement System (DTOPS). 

SVRS, as an enhancement to the Local 

Boater Option (LBO) pilot program, 

allows individuals with advance 

submission and CBP approval of float 

plans to use a designated telephone line 

to notify a CBP officer of their arrival to 

the United States. DTOPS is a registered 

traveler program that allows individuals 

to purchase, renew, or transfer user fees 

related to the transponders/Radio 

Frequency Identification (RFID) tags for 

their commercial vehicles or to the 

decals for their private aircraft or vessels 

in advance of crossing a U.S. border. 

This system of records notice is being 

re-published to update the categories of 

records, authorities, purposes, routine 

uses, retrievability, retention and 

disposal, notification procedures, record 

sources, and Privacy Act exemptions for 

this system of records. Specifically, DHS 

is updating the category of records to 

clarify that GES maintains limited law 

enforcement information, consisting of 

the case number references to law 

enforcement databases used to support 

or deny the membership decision for 

GES trusted traveler programs, as well 

as the membership decision for trusted 

traveler programs with foreign partners. 

These results were previously covered 

by the DHS/CBP—011 TECS SORN (73 

FR 77778 (Dec. 19, 2008.)) In cases 

when the applicant has opted to share 

information with a foreign government 

trusted traveler program, DHS/CBP is 

also retaining other foreign 

governments’ decisions either to 

approve or deny an application, 

pursuant to the applicable joint 

statements. 

The authority for GES derives from 

CBP’s mandate to secure the borders of 

the United States, and to facilitate 

legitimate trade and travel. The statutes 

that permit and define GES include: 

• Section 7208 of the Intelligence 

Reform and Terrorism Prevention Act of 

2004 (IRTPA), as amended, 8 U.S.C. 

1365b(k); 

• Section 215 of the Immigration and 

Nationality Act, as amended, 8 U.S.C. 

1185; 

• Section 402 of the Homeland 

Security Act of 2002, as amended, 6 

U.S.C. 202; 

• Section 404 of the Enhanced Border 

Security and Visa Reform Act of 2002, 

8 U.S.C. 1753; and 

• Section 433 of the Tariff Act of 

1930, as amended, 19 U.S.C. 1433. 

The Regulations that permit and 

define GES include Parts 103 and 235 of 

Title 8 of the Code of Federal 

Regulations. See, especially, 8 CFR 

103.2, 103.7, 103.16, 235.1, 235.2, 235.7, 

and 235.12. Pursuant to the 

Independent Offices Appropriations Act 

of 1952, 31 U.S.C. 9701, individuals 

seeking to enroll in trusted traveler or 

registered traveler programs must pay a 

fee when they apply or renew their 

membership. See 8 CFR 

103.7(b)(1)(ii)(M). 

The purposes of GES have been 

simplified to reflect that this system 

collects information, in advance, from 

recurring travelers so that DHS and CBP 

can assess applicants’ eligibility for 

enrollment in a GES-supported trusted 

traveler and registered traveler 

programs. 

DHS changed the order of routine 

uses to be consistent with its practice 

across all DHS SORNs and for ease of 

use by DHS personnel. This change 

affects the following uses, which were 

not substantially changed: Former 

routine use A is now routine use I; 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 3443 

former routine use B is now routine use 

G; former routine use C is now routine 

use B; former routine use D is now 

routine use C; former routine use E is 

now routine use A; and former routine 

use G is now routine use D. 

This SORN update includes the 

following substantive changes to routine 

uses: In routine use F, the sentence has 

been added, ‘‘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.’’ In routine use 

G, reference to ‘‘organizations that are 

lawfully engaged in collecting 

intelligence [* * *] to carry out 

intelligence responsibilities’’ has been 

removed because of redundancy. 

Routine use H has been added to 

provide additional transparency on the 

sharing with foreign governments for 

trusted traveler programs and only at 

the behest of the individual. Routine use 

L has been added to allow the 

Department to share information with 

the public when the interests of the 

public outweigh those of the individual 

and only after approval by the DHS 

Chief Privacy Officer in consultation 

with counsel. 

Sharing GES information with 

partnering foreign countries is 

consistent with the routine uses 

proposed in this System of Records 

Notice (SORN), which allows for 

disclosure to foreign government 

agencies to elicit information necessary 

to make decisions on applications. 

Pursuant to CBP’s reciprocal joint 

statements, CBP will share biographic 

GE application data and vetting results 

in the form of a ‘‘pass/fail’’ transmission 

of U.S. citizens with these foreign 

governments only upon receiving the 

same type of data from those 

governments on their citizens who are 

applying for expedited processing into 

the United States. Because of these 

international information sharing 

relationships, CBP is able to make wellinformed decisions on GE applications 

of citizens from a growing number of 

countries. 

The retrievability section has been 

updated to reflect that records may be 

retrieved by any of the personal 

identifiers listed in the categories of 

records. 

The retention and disposal section 

has been updated to reflect that all GES 

data is retained for the duration of an 

individual’s active membership plus 

three years after an individual’s 

membership is no longer active, either 

as a result of expiration without renewal 

at the end of a five-year term, as a result 

of abandonment, or as a result of CBP 

termination. 

The notification procedures section 

has been updated to provide notice that 

individuals may view and edit their 

information through their online 

accounts, as well as through the 

standard procedures under the Freedom 

of Information Act and Privacy Act. 

The record source categories have 

been updated to clarify the records 

obtained from the individual and 

background checks of external law 

enforcement systems, as well as 

providing notice that GES collects from 

membership determinations about 

trusted traveler applicants from 

partnering foreign countries. 

Participation in these programs is 

entirely voluntary. Joint Statements 

with foreign partners establish that each 

country’s use of GES information for 

vetting will be consistent with 

applicable domestic laws and policies. 

Participants should be aware that when 

they submit their information to a 

foreign country, or agree to share their 

information with a foreign partner, the 

foreign country uses, maintains, retains, 

or disseminates their information in 

accordance with that foreign country’s 

laws and privacy protections. 

Consistent with DHS’ information 

sharing mission, information stored in 

GES may be shared with other DHS 

components whose personnel have a 

need to know the information to carry 

out their national security, law 

enforcement, immigration, intelligence, 

or other homeland security functions. In 

addition, information may be shared 

with appropriate federal, state, local, 

tribal, territorial, foreign, or 

international government agencies 

consistent with the routine uses set 

forth in this system of records notice. 

DHS/CBP is simultaneously issuing a 

notice of proposed rulemaking to 

exempt portions of the DHS/CBP—002 

GES SORN from the Privacy Act 

requirements. Pursuant to 5 U.S.C. 

552a(j)(2) of the Privacy Act, law 

enforcement related records, including 

the pointer information to other law 

enforcement databases that support the 

DHS/CBP membership decision, and the 

law enforcement risk assessment 

worksheet that have been created during 

the background check and vetting 

process, are exempt from 5 U.S.C. 

552a(c)(3) and (4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) 

and (e)(8); (f); and (g)(1). Pursuant to 5 

U.S.C. 552a(k)(2), records created during 

the background check and vetting 

process are exempt from the following 

provisions of the Privacy Act: 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f). In addition, when a 

record contains information from other 

exempt systems of records, DHS/CBP 

will claim the same exemptions for that 

record as are claimed for the original 

systems of records, and will claim any 

additional exemptions that this notice 

delineates. 

CBP will not assert any exemptions 

with regard to accessing or amending an 

individual’s application data in a 

trusted or registered traveler program 

and/or final membership determination 

in the trusted traveler programs. 

However, this data may be shared with 

law enforcement and/or intelligence 

agencies pursuant to the routine uses 

identified in the GES SORN. The 

Privacy Act requires that DHS maintain 

an accounting of such disclosures made 

pursuant to all routine uses. Disclosing 

the fact that a law enforcement and/or 

intelligence agency has sought 

particular records may affect ongoing 

law enforcement activity. As such, 

pursuant to 5 U.S.C. 552a(j)(2) and 

(k)(2), DHS will claim an exemption 

from (c)(3), (e)(8), and (g)(1) of the 

Privacy Act, as is necessary and 

appropriate to protect this information. 

This updated system will be included in 

DHS’s inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which 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 

from 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. 

Below is the description of the DHS/ 

CBP—002 Global Enrollment System 

(GES). 

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 

Department of Homeland Security 

(DHS)/U.S. Customs and Border 

Protection (CBP)—002. 

mstockstill on DSK4VPTVN1PROD with 

3444 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 

SYSTEM NAME: 

DHS DHS/CBP—002 Global 

Enrollment System (GES). 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive, For Official 

Use Only, Law Enforcement-Sensitive. 

SYSTEM LOCATION: 

Records are maintained at the CBP 

Headquarters in Washington, DC and 

field offices and maintained IT system 

named the Global Enrollment Systems. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who apply to use any 

form of automated or other expedited 

inspection for verifying eligibility to 

cross the border into the United States. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

GES collects the following 

information on trusted travelers: 

Biographic application data, 

including: 

• Full name; 

• Alias(es); 

• Date of birth; 

• Place of birth; 

• Language preference; 

• Gender; 

• Current and former addresses; 

• Telephone numbers; 

• Country of citizenship; 

• Alien registration number (if 

applicable); 

• Employment history (if available); 

• PASS ID or Trusted Traveler 

membership number; 

• Countries visited in the last five 

years; 

• Criminal history (provided by 

applicant); 

• Parental or Legal Guardian 

permission (if 18 years or younger); 

• Driver’s license number; 

• Issuing state or province of the 

applicant’s Driver’s License; 

• Global Online Enrollment System 

(GOES) user name and password 

(password is maintained in an 

encrypted format); and 

• Answers to security questions to 

reset password. 

Vehicle or Vessel information, as 

appropriate, including: 

• Flag and home port (where the 

vessel is foreign flagged); 

• Name, registration number, and 

registration issuing state or province of 

the applicant’s vessel; 

• Make and model, year, color, VIN 

number, and license plate number of the 

vehicle; and 

• Owner name, gender, and date of 

birth. 

Biometric data, including: 

• Fingerprints (collected and stored 

through DHS/USVISIT–0012 DHS 

Automated Biometric Identification 

System (IDENT) for future identity 

verification); 

• Fingerprint Identification Number 

(FIN); 

• Height; 

• Eye color; and 

• Facial photographs. 

Information added by DHS/CBP: 

• Pointer information to other law 

enforcement databases that support the 

DHS/CBP membership decision; 

• Law Enforcement risk assessment 

worksheet; 

• Pay.gov tracking number; 

• GE membership decision in the 

form of a ‘‘pass/fail;’’ and 

• Foreign government membership 

decisions in the form of a ‘‘pass/fail.’’ 

The following information is collected 

on SVRS registered travelers: 

• Full name; 

• Gender; 

• Date of birth; 

• Place of birth; 

• Country of citizenship; 

• Address; 

• Contact telephone number; 

• Alternate telephone number; 

• Contact email address; 

• Password; 

• Document type & number (e.g. U.S. 

Passport, Permanent Resident Card, 

Birth Certificate, etc.), place of issue, 

and expiration date of document; and 

• Vessel information including 

registration number, hull ID number, 

decal number, registered name, location 

where vessel is registered, and vessel 

description (e.g., length, type, 

manufacturer, model, year, hull colors, 

etc.). 

The following information is collected 

about DTOPS registered travelers: 

• Account name; 

• Physical address; 

• Shipping address; 

• Pay.gov tracking number; 

• FAST ID, if the conveyance’s owner 

is C–TPAT/FAST approved; 

• Conveyance model year; 

• Conveyance manufacturer name; 

• Conveyance identification numbers 

and information, which are specific to 

the type of conveyance (e.g., local 

registration number, an aircraft’s tail 

number, Coast Guard ID number, vessel 

name); 

• Contact name; 

• Contact telephone number; and 

• Contact email address. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 7208 of the Intelligence 

Reform and Terrorism Prevention Act of 

2004 (IRTPA), as amended, 8 U.S.C. 

1365b(k); Section 215 of the 

Immigration and Nationality Act, as 

amended, 8 U.S.C. 1185; Section 402 of 

the Homeland Security Act of 2002, as 

amended, 6 U.S.C. 202; Section 404 of 

the Enhanced Border Security and Visa 

Reform Act of 2002, 8 U.S.C. 1753; and 

Section 433 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1433; 31 U.S.C. 

9701; Parts 103 and 235 of Title 8 of the 

Code of Federal Regulations (See, 

especially, 8 CFR 103.2, 103.7, 103.16, 

235.1, 235.2, 235.7, and 235.12). 

PURPOSE(S): 

The purpose of this system is to assess 

on an ongoing basis applicants’ 

eligibility for enrollment in DHS/CBP 

GES-supported trusted traveler and/or 

registered traveler programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice (DOJ), 

including U.S. Attorney Offices, or other 

federal agency conducting litigation or 

in proceedings before any court, 

adjudicative or administrative body, 

when it is relevant or 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 employee or former employee 

of DHS in his/her official capacity; 

3. Any employee 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. 

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 (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906. 

D. To an agency or organization 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; 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 3445 

2. DHS has determined that as a result 

of the suspected or confirmed 

compromise, there is a risk of identity 

theft or fraud, harm to economic or 

property interests, harm to an 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) 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’ 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 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. 

G. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To foreign governments, at the 

request of the individual, for the 

purpose of applying to that country’s 

trusted traveler program. 

I. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency for the purpose of 

determining an individual’s eligibility 

for membership in a trusted traveler or 

registered traveler program. 

J. To federal and foreign government 

intelligence or counterterrorism 

agencies or components where DHS 

becomes aware of an indication of a 

threat or potential threat to national or 

international security, or to assist in 

anti-terrorism efforts. 

K. To an organization or person in 

either the public or private sector, either 

foreign or domestic, where there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, or where 

the information is relevant to the 

protection of life, property, or other vital 

interests of a person. 

L. To the news media and the public, 

with the approval of the 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’ 

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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records may be stored 

on magnetic disc, tape, and digital 

media. 

RETRIEVABILITY: 

Records may be retrieved by any of 

the personal identifiers listed in the 

categories of records above. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RETENTION AND DISPOSAL: 

CBP is proposing to NARA the 

following retention: All GES data is 

retained for the duration of an 

individual’s active membership plus 

three years after an individual’s 

membership is no longer active, either 

as a result of expiration without renewal 

at the end of a five year term, as a result 

of abandonment, or as a result of CBP 

termination. 

SYSTEM MANAGER AND ADDRESS: 

Trusted Traveler Program Manager, 

Office of Field Operations, U.S. Customs 

and Border Protection, and Director, 

Passenger Systems Program Office, 

Office of Information and Technology, 

1300 Pennsylvania Ave. NW., 

Washington, DC 20229. 

NOTIFICATION PROCEDURE: 

Individuals may gain access to 

information on themselves in GES by 

directly logging into GOES. Certain 

information may be amended directly in 

the system by the individual such as 

contact information; however, other 

information that was used to determine 

eligibility, such as date of birth or 

gender, may not be changed without 

contacting DHS/CBP directly. The 

Secretary of Homeland Security has 

exempted portions of this system from 

the notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

DHS/CBP will consider individual 

requests to determine whether or not 

information may be released. Thus, 

individuals seeking notification of and 

access to any record contained in this 

system of records, or seeking to contest 

its content, may submit a request in 

writing to the Headquarters or CBP 

FOIA Officer, whose contact 

information can be found at http:// 

www.dhs.gov/foia under ‘‘Contacts.’’ 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 and Chief 

Freedom of Information Act 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 Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

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

0486. In addition, you should: 

• Explain 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; 

mstockstill on DSK4VPTVN1PROD with 

3446 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

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 the above 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: 

Records in GES are obtained from the 

individual and from external law 

enforcement systems. The main 

database checked during the vetting 

process, before individuals will be 

enrolled in any trusted traveler program, 

is TECS, which contains historical and 

enforcement data on travelers, and 

provides a gateway to other sources of 

data. These other sources include the 

Terrorist Screening Database, FBI 

criminal history, and National Crime 

and Information Center outstanding 

wants/warrants, vehicle and driver’s 

license-related data contained in the 

International Justice and Public Safety 

Network’s Nlets system, and 

Department of State alien records, 

lookouts, and status indicators. Vetting 

results are also based on checks of the 

FBI’s Integrated Automated Fingerprint 

Identification System for criminal 

history and IDENT for immigration 

related records. Trusted traveler 

applicants from partnering foreign 

countries will have membership 

determinations in GES from their home 

country’s government. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2) has 

exempted the law enforcement related 

records, including the pointer 

information to other law enforcement 

databases that support the DHS/CBP 

membership decision, and the law 

enforcement risk assessment worksheet 

that have been created during the 

background check and vetting process, 

from the following provisions of the 

Privacy Act: 5 U.S.C. 552a(c)(3) and (4); 

(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f); 

and (g)(1). Additionally, the Secretary of 

Homeland Security, pursuant to 5 

U.S.C. 552a(k)(2), has exempted records 

created during the background check 

and vetting process from the following 

provisions of the Privacy Act: 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), 

(e)(4)(H),(e)(4)(I); and (f). In addition, 

when a record contains information 

from other exempt systems of records, 

DHS/CBP will claim the same 

exemptions for that record as are 

claimed for the original systems of 

records, and will claim any additional 

exemptions that this notice delineates. 

CBP will not assert any exemptions 

with regard to accessing or amending an 

individual’s application data in a 

trusted or registered traveler program 

and/or final membership determination 

in the trusted traveler programs. 

However, this data may be shared with 

law enforcement and/or intelligence 

agencies pursuant to the routine uses 

identified in the GES SORN. The 

Privacy Act requires DHS maintain an 

accounting of such disclosures made 

pursuant to all routine uses. Disclosing 

the fact that a law enforcement and/or 

intelligence agency has sought 

particular records may affect ongoing 

law enforcement activity. As such, 

pursuant to 5 U.S.C. 552a (j)(2) and 

(k)(2), DHS will claim an exemption 

from (c)(3), (e)(8), and (g)(1) of the 

Privacy Act, as is necessary and 

appropriate to protect this information. 

Dated: December 31, 2012. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–00804 Filed 1–15–13; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–MB–2012–N302; FF09M21200– 

134–FXMB1231099BPP0] 

Migratory Bird Hunting; Service 

Regulations Committee Meeting 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: The Fish and Wildlife Service 

(hereinafter Service) will conduct an 

open meeting on February 6, 2013, to 

identify and discuss preliminary issues 

concerning the 2013–14 migratory bird 

hunting regulations. 

DATES: The meeting will be held 

February 6, 2013. 

ADDRESSES: The Service Regulations 

Committee meeting will be available to 

the public in conference room 2073 at 

4501 N. Fairfax Street, Arlington, VA. 

22203. 

FOR FURTHER INFORMATION CONTACT: 

Chief, Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, Department of the Interior, ms4107–ARLSQ, 1849 C Street NW., 

Washington, DC 20240; (703) 358–1714. 

SUPPLEMENTARY INFORMATION: Under the 

authority of the Migratory Bird Treaty 

Act (16 U.S.C. 703–712), the Service 

regulates the hunting of migratory game 

birds. We update the migratory game 

bird hunting regulations, located at 50 

CFR part 20, annually. Through these 

regulations, we establish the 

frameworks, or outside limits, for season 

lengths, bag limits, and areas for 

migratory game bird hunting. To help us 

in this process, we have 

administratively divided the nation into 

four Flyways (Atlantic, Mississippi, 

Central, and Pacific), each of which has 

a Flyway Council. Representatives from 

the Service, the Service’s Migratory Bird 

Regulations Committee, and Flyway 

Council Consultants will meet on 

February 6, 2013, at 11:00 a.m. to 

identify preliminary issues concerning 

the 2013–14 migratory bird hunting 

regulations for discussion and review by 

the Flyway Councils at their March 

meetings. 

In accordance with Department of the 

Interior (hereinafter Department) policy 

regarding meetings of the Service 

Regulations Committee attended by any 

person outside the Department, these 

meetings are open to public observation. 

Dated: January 3, 2013. 

Michael J. Johnson, 

Acting Assistant Director, Migratory Birds, 

U.S. Fish and Wildlife Service. 

[FR Doc. 2013–00784 Filed 1–15–13; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLMTB07900 09 L10100000 PH0000 

LXAMANMS0000] 

Notice of Public Meeting; Western 

Montana Resource Advisory Council 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Public Meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act and the Federal Advisory 

Committee Act of 1972, the U.S. 

Department of the Interior, Bureau of 

Land Management (BLM) Western 

mstockstill on DSK4VPTVN1PROD with