Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Notices 67751 

3. Two members drawn from 

currently serving State Homeland 

Security Advisors; 

4. Two members drawn from 

currently serving emergency managers; 

5. Two members drawn from 

currently serving fire services; 

6. Two members drawn from 

currently serving public health or 

agriculture sectors; 

7. Three members drawn from 

currently serving senior managers in 

private sector industries deemed critical 

infrastructure or key resources in the 

National Infrastructure Protection Plan; 

8. One member drawn from currently 

serving in an Office of the Adjutant 

General of the National Guard; 

9. One member drawn from currently 

serving State or local Chief Information 

Security Officer or cyber-related 

position within State or local 

government; 

10. One member drawn from 

currently serving local, county/parish, 

or city government; 

11. One member drawn from 

currently serving tribal government; 

12. One member drawn from 

currently serving in any discipline with 

relevant expertise in state, local, tribal, 

or territorial homeland security. 

Of the above-described members, two 

shall serve in, or have direct oversight 

of, different state or major urban area 

fusion centers. 

Duration: The HSINAC Charter was 

filed with Congress July 14, 2011 and 

remains in effect through July 14, 2013. 

Responsible DHS Officials: David 

Steigman, HSINAC Designated Federal 

Officer; Department of Homeland 

Security, 245 Murray Lane, SW., BLDG 

410, Washington, DC 20528–0426; 

David.Steigman@dhs.gov, (202) 357– 

7809. 

Applying for Appointment: The 

committee will fill all the positions 

listed above. The HSINAC will be 

composed of individual members 

possessing expertise, knowledge, and 

experience regarding the business 

processes and information sharing 

needs of one or more of the homeland 

security mission areas. Members are 

appointed based on their expertise in 

professions and disciplines engaged in 

homeland security operations and in 

support of homeland security mission 

requirements. Members will serve a 

term of two years. Members are 

appointed by the Secretary of Homeland 

Security at the recommendation of the 

HSIN Program Director. 

Members of the HSINAC will be 

appointed and serve as Special 

Government Employees (SGE), as 

defined in section 202(a) of title 18 

United States Code, except for those 

members who currently are serving 

employees of the federal government. 

As a candidate for appointment as a 

SGE, applicants are required to 

complete a Confidential Financial 

Disclosure Report (OGE Form 450). DHS 

may not release the forms or the 

information in them to the public except 

under an order issued by a Federal court 

or as otherwise provided under the 

Privacy Act (5 U.S.C. 552a). Applicants 

can obtain this form by going to the Web 

site of the Office of Government Ethics 

(http://www.oge.gov), or by contacting 

the individual listed above. 

Applications which are not 

accompanied by a completed OGE Form 

450 will not be considered. 

Members serve at their own expense 

and receive no salary from the Federal 

government, although they may be 

reimbursed for per diem and travel 

expenses. 

In support of the policy of the 

Department of Homeland Security on 

gender and ethnic diversity, qualified 

women and minorities are encouraged 

to apply for membership. 

Dated: October 18, 2011. 

Deborah Kent, 

Program Director, Homeland Security 

Information Network Program. 

[FR Doc. 2011–28399 Filed 11–1–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0104] 

Privacy Act of 1974; Department of 

Homeland Security, U.S. Customs and 

Border Protection, DHS/CBP–009— 

Electronic System for Travel 

Authorization (ESTA) System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

an existing Department of Homeland 

Security system of records notice titled 

‘‘Department of Homeland Security/U.S. 

Customs and Border Protection–009 

Electronic System for Travel 

Authorization System of Records.’’ This 

system collects and maintains a record 

of nonimmigrant aliens who want to 

travel to the United States under the 

Visa Waiver Program, and is used to 

determine whether the applicant is 

eligible to travel to the United States 

under the Visa Waiver Program by 

screening his or her information against 

various security and law enforcement 

databases. DHS/CBP is updating this 

system of records notice to reflect: (1) 

Updated categories of records to include 

payment information, including credit 

card number, Pay.gov tracking number, 

billing name, billing address, and the 

applicant’s country of birth (to reduce 

the number of false matches); (2) 

updated routine uses to allow DHS/CBP 

to share payment information with 

Department of Treasury’s Pay.gov for 

processing; and (3) updated routine uses 

to allow sharing of the ESTA 

application data (which excludes 

payment information) with federal, 

state, local, tribal, foreign, or 

international government agencies 

(including intelligence agencies) once 

they have established that they will use 

the information for a purpose which is 

compatible with the purpose of the 

original collection. This newly updated 

system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

December 2, 2011. This new system will 

be effective December 2, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0104 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: 

Laurence E. Castelli (202) 325–0280), 

CBP Privacy Officer, Office of 

International Trade, U.S. Customs and 

Border Protection, Mint Annex, 799 

Ninth Street NW., Washington, DC 

20229. 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: 


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I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security proposes to update 

an existing Department of Homeland 

Security system of records notice titled, 

DHS/CBP–009—Electronic System for 

Travel Authorization (ESTA) June 10, 

2008, 73 FR 32720. This system collects 

and maintains records of nonimmigrant 

aliens who want to travel to the United 

States under VWP and is used to 

determine whether the applicant is 

eligible to travel to the United States by 

screening his or her information against 

various security and law enforcement 

databases. 

In 2008, a web-based system called 

the Electronic System for Travel 

Authorization (ESTA) was developed to 

determine the eligibility of visitors to 

travel to the United States by air or sea 

under the Visa Waiver Program (VWP), 

prior to boarding a carrier en route to 

the United States, and whether such 

travel poses a law enforcement or 

security risk by screening the 

information provided against selected 

security and law enforcement databases. 

Pursuant to Section 711(d)(1)(E) of the 

Implementing the Recommendations of 

the 9/11 Commission Act, CBP amended 

its regulations to include the collection 

of an application fee for each 

application submitted as required by the 

Travel Promotion Act (TPA), which was 

signed into law on March 4, 2010. 

In addition to the application fee, 

TPA also mandates that CBP collect $10 

from each approved applicant, effective 

six months from the date the legislation 

was signed. CBP must transfer these 

funds quarterly to the Travel Promotion 

Fund for use by the Corporation for 

Travel Promotion. CBP published 

regulations instituting the fee on 

August, 9, 2010 (75 FR 47701). 

Through the ESTA web-based 

interface, the user will be prompted 

through several screens to capture the 

required application information. Once 

the applicant has entered all required 

application information, ESTA will take 

the applicant through a series of screens 

where he/she enters his/her billing 

name, billing address, and credit card 

information. ESTA forwards all of this 

payment information to Pay.gov for 

payment processing and the applicant 

name and an ESTA tracking number to 

the DHS/CBP–018 Credit/Debit Card 

Data System (CDCDS) System of 

Records for payment reconciliation. 

Pay.gov sends a nightly activity file, 

including the last four digits of the 

credit card, authorization number, 

billing name, billing address, ESTA 

tracking number, and Pay.gov tracking 

numbers, to CDCDS. Pay.gov also sends 

a daily batch file with the necessary 

payment information to Fifth Third 

Bank for settlement processing. After 

processing, Fifth Third Bank sends a 

settlement file, including the full credit 

card number, authorization number, 

card type, transaction date, amount, and 

ESTA tracking number to CDCDS. Once 

ESTA receives confirmation from 

Pay.gov that the payment has been 

processed successfully, ESTA will 

retain the Pay.gov tracking number for 

payment reconciliation purposes. 

As CBP enhances and updates ESTA, 

CBP anticipates amending its 

application to include the applicant’s 

country of birth, which will assist in 

reducing false matches during the 

vetting process. 

DHS is updating the categories of 

records and routine uses for this system 

of records notice to permit the 

collection and use of a Pay.gov tracking 

number associated with the applicant’s 

payment information, including billing 

name, billing address, and credit card 

information for the newly-required 

application fee, and the applicant’s 

country of birth, which will assist in 

reducing false matches during the 

vetting process. Additionally, this 

update includes a routine use 

permitting the sharing of payment 

information with the Department of the 

Treasury’s Pay.gov Web site. 

DHS changed the order of routine 

uses to be consistent across all DHS 

SORNs and for ease of use by DHS 

personnel. This change impacts the 

following uses, which were not 

substantially changed. Former routine 

use G, which addressed certain 

governmental agencies’ responsibility 

for, in part, investigating and enforcing 

civil or criminal laws, was eliminated 

because of redundancy. Former routine 

use L is now routine use K, which 

clarifies the sharing that takes place 

with the intelligence community. The 

TPA requires CBP to include the 

collection of an application fee for each 

application submitted. Accordingly, 

routine use P was added to explicitly 

allow for payment processing and 

reconciliation activities. Routine use Q 

was also added. 

The Department of Homeland 

Security issued a Final Rule for this 

system of records in the Federal 

Register (74 FR 45069) on August 31, 

2009. This SORN update does not 

change the nature of reasons for this 

system of records or the need for the 

exemptions to certain aspects of the 

Privacy Act. This newly-updated system 

will be included in the Department of 

Homeland Security’s inventory of 

record systems. 

The purpose of this system of records 

is to determine the eligibility of aliens 

to travel to the U.S. by air or sea under 

the VWP. DHS/CBP has authority to 

operate this system under the Homeland 

Security Act of 2002, Public Law 107– 

296; 5 U.S.C. 301 and Section 711 of the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (9/11 Act) 

(Pub. L. 110–53); and the Travel 

Promotion Act (Pub. L. 111–145). 

Updates to this system include the 

collection of additional information, 

and DHS/CBP has set in place processes 

and agreements to safeguard the 

additional data collected. New routine 

uses included in this update primarily 

relate to the addition of payment 

information and allow for processing of 

such information, which is directly 

compatible with the purpose for which 

the information was collected. 

Additional routine uses were edited to 

align with standards across DHS SORNs 

for ease of use and understanding by 

DHS personnel. 

Consistent with DHS’s information 

sharing mission, information stored in 

ESTA may be shared with other DHS 

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 Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. As a matter of 

policy, 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 


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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 which 

their records are put, and to assist 

individuals to more easily find such 

files within the agency. Below is the 

description of the Department of 

Homeland Security, U.S. Customs and 

Border Protection, DHS/CBP–009— 

Electronic System for Travel 

Authorization (ESTA) 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 

Department of Homeland Security (DHS)/ 

Customs and Border Protection (CBP)– 

009 

SYSTEM NAME: 

DHS/CBP–009 Electronic System for 

Travel Authorization (ESTA). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained in the ESTA 

system at the U.S. Customs and Border 

Protection (CBP) Headquarters in 

Washington, DC and field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include foreign nationals 

from VWP countries who are seeking to 

enter the United States by air or sea 

under the VWP. Under the Immigration 

and Nationality Act (INA), title 8 of the 

United States Code, these persons are 

required to report their arrival and 

departure to and from the United States. 

This system only collects information 

pertaining to persons in nonimmigrant 

status, that is, persons who are not 

covered by the protections of the 

Privacy Act at the time they provide 

their information. However, given the 

importance of providing privacy 

protections to international travelers, 

DHS has decided to apply the privacy 

protections and safeguards outlined in 

this notice to all international travelers 

subject to ESTA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Full Name (First, Middle, and Last) 

• Date of birth 

• Gender 

• Email Address 

• Phone Number 

• Travel document type (e.g., 

passport), number, issuance date, 

expiration date and issuing country 

• Country of Citizenship 

• ESTA Application Number 

• Pay.gov Payment Tracking Number 

(i.e., confirmation of payment; absence 

of payment confirmation will result in 

a ‘‘not cleared’’ determination) 

• Country of Birth 

• Date of Anticipated Crossing 

• Airline and Flight Number 

• City of Embarkation 

• Address while visiting the United 

States (Number, Street, City, State) 

• Whether the individual has a 

communicable disease, physical or 

mental disorder, or is a drug abuser or 

addict 

• Whether the individual has been 

arrested or convicted for a moral 

turpitude crime, drug possession or use, 

or has been sentenced for a period 

longer than five years 

• Whether the individual has engaged 

in espionage, sabotage, terrorism or Nazi 

activity between 1933 and 1945 

• Whether the individual is seeking 

work in the U.S. 

• Whether the individual has been 

excluded or deported, or attempted to 

obtain a visa or enter U.S. by fraud or 

misrepresentation 

• Whether the individual has ever 

detained, retained, or withheld custody 

of a child from a U.S. citizen granted 

custody of the child 

• Whether the individual has ever 

been denied a U.S. visa or entry into the 

U.S., or had a visa cancelled. (If yes, 

when and where) 

• Whether the individual has ever 

asserted immunity from prosecution 

• Any change of address while in the 

U.S. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Homeland Security Act of 2002, 

Public Law 107–296; 5 U.S.C. 301 and 

Section 711 of the Implementing 

Recommendations of the 9/11 

Commission Act of 2007 (9/11 Act), 

(Pub. L. 110–53); and the Travel 

Promotion Act (Pub. L. 111–145). 

PURPOSE(S): 

The purpose of this system is to 

collect and maintain a record of 

nonimmigrant aliens who want to travel 

to the United States under the Visa 

Waiver Program, and to determine 

whether applicants are eligible to travel 

to the United States under the VWP by 

screening their information against 

various security and law enforcement 

databases. 

The Pay.gov tracking number 

(associated with the payment 

information provided to Pay.gov and 

stored in CDCDS) will be used to 

process ESTA and TPA fees and to 

reconcile issues regarding payment 

between ESTA, CDCDS, and Pay.gov. 

Payment information will not be used 

for vetting purposes and is stored in a 

separate system (CDCDS) from the ESTA 

application data. 

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 

(including United States Attorney 

Offices) or other Federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is 

necessary to the litigation and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or 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 


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information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by 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 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 appropriate Federal, state, local, 

tribal, or foreign governmental agencies 

or multilateral governmental 

organizations for the purpose of 

protecting the vital health interests of a 

data subject or other persons (e.g.; to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

threat or risk); 

I. To third parties during the course 

of a law enforcement investigation to 

the extent necessary to obtain 

information pertinent to the 

investigation, provided disclosure is 

appropriate to the proper performance 

of the official duties of the officer 

making the disclosure; 

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

international, or foreign government 

agency or entity for the purpose of 

consulting with that agency or entity: 

(1) To assist in making a determination 

regarding redress for an individual in 

connection with the operations of a DHS 

component or program; (2) for the 

purpose of verifying the identity of an 

individual seeking redress in 

connection with the operations of a DHS 

component or program; or (3) for the 

purpose of verifying the accuracy of 

information submitted by an individual 

who has requested such redress on 

behalf of another individual; 

K. To Federal and foreign government 

intelligence or counterterrorism 

agencies when DHS reasonably believes 

such use is to assist in counterterrorism 

efforts, and disclosure is appropriate to 

the proper performance of the official 

duties of the person making the 

disclosure; 

L. To the Department of State in the 

processing of petitions or applications 

for benefits under the Immigration and 

Nationality Act, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements; 

M. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, where there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, to the 

extent the information is relevant to the 

protection of life or property and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure; 

N. To the carrier transporting an 

individual to the United States, but only 

to the extent that CBP provides 

information that the ESTA status is not 

applicable to the traveler, or, if 

applicable, that the individual is 

authorized to travel, not authorized to 

travel, pending, or has not applied. 

O. To Pay.gov, for payment processing 

and payment reconciliation purposes. 

P. 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’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. 

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 are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

These records may be retrieved by any 

of the data elements supplied by the 

applicant. The payment information and 

Pay.gov payment tracking number may 

be used to track the amount of payment 

associated with an ESTA application 

and to reconcile payment discrepancies. 

As CBP updates and enhances ESTA, 

applicants will be able to access their 

ESTA information to view and amend 

their applications by providing their 

ESTA number and passport number. 

Once they have provided their ESTA 

number and passport number, 

applicants may view their ESTA status 

(authorized to travel, not authorized to 

travel, pending) and submit limited 

updates to their travel itinerary 

information. If an applicant does not 

know his/her application number, he/ 

she can provide his or her passport 

number, date of birth, and passport 

issuing country to retrieve his/her 

application number. 

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: 

Application information submitted to 

ESTA generally expires and is deemed 

‘‘inactive’’ two years after the initial 

submission of information by the 

applicant. In the event that a traveler’s 

passport remains valid for less than two 

years from the date of the ESTA 

approval, the ESTA will expire 

concurrently with the passport. 

Information in ESTA will be retained for 

one year after the ESTA expires. After 


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this period, the inactive account 

information will be purged from online 

access and archived for 12 years. Data 

linked at any time during the 15 year 

retention period (3 years active, 12 years 

archived), to active law enforcement 

lookout records, CBP matches to 

enforcement activities, and/or 

investigations or cases, including 

applications for ESTA that are denied, 

will remain accessible for the life of the 

law enforcement activities to which 

they may become related. NARA 

guidelines for retention and archiving of 

data will apply to ESTA and CBP is in 

negotiation with NARA for approval of 

the ESTA data retention and archiving 

plan. 

Payment information is not stored in 

ESTA, but is forwarded to Pay.gov and 

stored in CBP’s financial processing 

system, CDCDS, pursuant to the DHS/ 

CBP–018, CDCDS system of records 

notice. 

The ESTA has allowed for the 

automation of the paper I–94W form in 

the air and sea environment. In those 

instances where a VWP traveler is 

admitted using the automated process, 

the corresponding admission record will 

be maintained in accordance with the 

retention schedule for I–94W, which is 

75 years. I–94W and I–94 data are 

maintained for this period of time in 

order to ensure that the information 

related to a particular admission to the 

United States is available for providing 

any applicable benefits related to 

immigration or other enforcement 

purposes. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of Automated 

Systems, U.S. Customs and Border 

Protection Headquarters, 1300 

Pennsylvania Avenue NW., Washington, 

DC 20229. 

NOTIFICATION PROCEDURE: 

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, 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 component’s 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, 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: 

The system obtains information from 

the online ESTA application submitted 

by the applicant. This information is 

processed by the Automated Targeting 

System (ATS) to screen for terrorists or 

threats to aviation and border security 

and TECS (for matches to persons 

identified to be of law enforcement 

interest), and result of ‘‘authorized to 

travel,’’ ‘‘not authorized to travel,’’ or 

‘‘pending’’ is maintained in ESTA. 

‘‘Pending’’ will be resolved to 

‘‘authorized to travel’’ or ‘‘not 

authorized to travel’’ based on further 

research by CBP. Pay.gov provides the 

Pay.gov tracking number once payment 

information has been forwarded to it 

and processed. It is used to reconcile 

payments between ESTA, CDCDS, and 

Pay.gov. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

No exemption shall be asserted with 

respect to information maintained in the 

system as it relates to data submitted by 

or on behalf of a person who travels to 

visit the United States and crosses the 

border, nor shall an exemption be 

asserted with respect to the resulting 

determination (authorized to travel, 

pending, or not authorized to travel). 

Information in the system may be 

shared with law enforcement and/or 

intelligence agencies pursuant to the 

above routine uses. The Privacy Act 

requires DHS to maintain an accounting 

of the disclosures made pursuant to all 

routines uses. Disclosing the fact that a 

law enforcement or intelligence 

agencies has sought particular records 

may affect ongoing law enforcement or 

intelligence activity. As such, pursuant 

to 5 U.S.C. 552a(j)(2) and (k)(2), DHS 

will claim exemption from (c)(3), (e)(8), 

and (g) of the Privacy Act of 1974, as 

amended, as is necessary and 

appropriate to protect this information. 

Dated: October 3, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–28405 Filed 11–1–11; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0102] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Customs and 

Border Protection DHS/CBP–003 

Credit/Debit Card Data System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to 

establish a new Department of 

Homeland Security system of records 

notice titled ‘‘Department of Homeland 

Security/U.S Customs and Border 

Protection—003 Credit/Debit Card Data 

System of Records.’’ This system allows 

U.S. Customs and Border Protection to 

collect, use, and maintain records 


emcdonald on DSK5VPTVN1PROD with NOTICES