### 73868 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices

**DEPARTMENT OF HOMELAND**
**SECURITY**

**[Docket No. DHS–2013–0079]**

**Privacy Act of 1974; Department of Homeland Security Transportation**  **Security Administration—DHS/TSA– 001 Transportation Security**  **Enforcement Record System System**
**of Records**

**AGENCY :**  Privacy Office, Department of Homeland Security.

**ACTION :**  Notice of Privacy Act System of Records Update.

**SUMMARY :**  In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ‘‘Department of Homeland Security/Transportation Security
Administration—DHS/TSA–001 Transportation Security Enforcement Record System System of Records.’’ This system of records allows the Department of Homeland Security/ Transportation Security Administration
to collect and maintain records related to the Transportation Security Administration’s screening of passengers and property, as well as records related to the investigation or enforcement of transportation security laws, regulations, directives, or Federal, State, local, or international law. For example, records relating to an investigation of a security incident that occurred during passenger or property screening would be covered by this system. As a result of a biennial review of this system, records have been updated within the routine uses. Specifically, the statute citation in
routine use P. has been corrected. This notice is being re-issued in its entirety in order to have a single updated record available for public review. This updated system will be included in the Department of Homeland Security’s inventory of record systems.

**DATES :**  Submit comments on or before January 8, 2014. This updated system will be effective January 8, 2014.

**ADDRESSES :**  You may submit comments, identified by docket number DHS– 2013–0079 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: Karen L. Neuman, 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 notice. 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: Peter Pietra, Privacy Officer, Privacy Policy and Compliance, TSA–36, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6036; email: TSAPrivacy@ dhs.gov. For privacy questions, please contact: Karen L. Neuman, (202) 343– 1717, 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) Transportation Security Information (TSA) proposes to update and reissue a current DHS system of records titled, ‘‘DHS/TSA–001 Transportation Security Enforcement Record System (TSERS) System of Records.’’

As a result of a biennial review of this system, records have been updated
within the routine uses. The statute
citation in routine use P. has been corrected to 49 U.S.C. § 46301(h).

TSA’s mission is to protect the nation’s transportation systems to ensure freedom of movement for people and commerce. To achieve this mission, TSA is required to develop and adapt its security programs to respond to evolving threats to transportation security.

Consistent with DHS’ informationsharing mission, information stored in the DHS/TSA–001 TSERS may be shared with other DHS components that
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.

Portions of this system are exempt under 5 U.S.C. §§ 552a(k)(1) and (k)(2). Portions of the system pertaining to investigations or prosecutions of violations of criminal law are exempt under 5 U.S.C. § 552a(j)(2). These exemptions are reflected in the final rule published on August 4, 2006 in 71

FR 44223. This updated system will be included in DHS’ 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 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 where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors.

Below is the description of the DHS/ TSA–001 TSERS 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.

**(TSA)—001**

**SYSTEM OF RECORDS :** 

Department of Homeland Security (DHS)/Transportation Security
Administration

**SYSTEM NAME :** 

DHS/TSA–001 Transportation Security Enforcement Record System (TSERS)

**SECURITY CLASSIFICATION :** 

Classified, sensitive.

**SYSTEM LOCATION :** 

Records are maintained at TSA Headquarters offices in Arlington, Virginia, and at various TSA field
offices.

**CATEGORIES OF INDIVIDUALS COVERED BY THE**

**SYSTEM :** 

Owners, operators, and employees in all modes of transportation for which DHS/TSA has security-related duties; witnesses and other third parties who provide information; individuals undergoing screening of their person (including identity verification) or property; individuals against whom investigative, administrative, or civil or
criminal enforcement action has been
initiated for violation of certain TSA regulations or security directives,


### 73869 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices

relevant provisions of 49 U.S.C. Chapter 449, or other laws; individuals being investigated or prosecuted for violations of law; and individuals who communicate security incidents, potential security incidents, or otherwise suspicious activities.

**CATEGORIES OF RECORDS IN THE SYSTEM :** 

Information related to the screening of property and the security screening and identity verification of individuals, including identification media and identifying information such as:

• Individual’s name;

• Address;

• Date of birth;

• Gender;

• Contact information (e.g., email addresses, phone numbers);

• Social Security Number,

• Fingerprints or other biometric identifiers;

• Photographs or video; and

• Travel information or boarding

passes.

Additionally, information related to the investigation or prosecution of any alleged violation; place of violation; Enforcement Investigative Reports (EIRs); security incident reports, screening reports, suspicious-activity reports, and other incident or investigative reports; statements of alleged violators, witnesses, and other third parties who provide information; proposed penalty; investigators’ analyses and work papers; enforcement actions taken; findings; documentation of physical evidence; correspondence of TSA employees and others in enforcement cases; pleadings and other court filings; legal opinions and attorney work papers; and information obtained
from various law enforcement or prosecuting authorities relating to the enforcement of laws or regulations.

**AUTHORITY FOR MAINTENANCE OF THE SYSTEM :** 

49 U.S.C. 114(d), 44901, 44903,

44916, 46101, 46301.

**PURPOSE (** **S ):** 

The records are created in order to
maintain an enforcement and inspections system for all modes of transportation for which TSA has security related duties and to maintain records related to the investigation or prosecution of violations or potential violations of Federal, State, local, or international criminal law. They may be used, generally, to identify, review, analyze, investigate, and prosecute violations or potential violations of transportation security laws, regulations
and directives or other laws as well as to identify and address potential threats to transportation security. They may also be used to record the details of TSA security-related activity, such as passenger or property screening.

**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;

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, territorial, 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 the United States Department of Transportation, its operating administrations, or the appropriate State or local agency, when relevant or necessary to:

1. Ensure safety and security in any mode of transportation;

2. Enforce safety- and security-related regulations and requirements;

3. Assess and distribute intelligence
or law enforcement information related to transportation security;

4. Assess and respond to threats to transportation;

5. Oversee the implementation and ensure the adequacy of security measures at airports and other transportation facilities;

6. Plan and coordinate any actions or activities that may affect transportation safety and security or the operations of transportation operators; or

7. Issue, maintain, or renew a license, certificate, contract, grant, or other
benefit.

I. To the appropriate Federal, State, local, tribal, territorial, foreign, or international agency, regarding individuals who pose, or are suspected of posing, a risk to transportation or national security.

J. To a Federal, State, local, tribal, territorial, foreign, or international agency, where such agency has requested information relevant or necessary for the hiring or retention of an individual, or the issuance of a


### 73870 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices

security clearance, license, contract, grant, or other benefit.

K. To a Federal, State, local, tribal, territorial, foreign, or international agency, if necessary to obtain
information relevant to a DHS/TSA decision concerning the hiring or retention of an employee, the issuance of a security clearance, license, contract, grant, or other benefit.

L. To international and foreign governmental authorities in accordance
with law and formal or informal international agreement.

M. To third parties during the course of an investigation into any matter before DHS/TSA to the extent necessary to obtain information pertinent to the investigation.

N. To airport operators, aircraft operators, and maritime and surface transportation operators, indirect air carriers, and other facility operators
about individuals who are their employees, job applicants, or contractors, or persons to whom they issue identification credentials or grant
clearances to secured areas in transportation facilities when relevant to such employment, application, contract, or the issuance of such
credentials or clearances.

O. To any agency or instrumentality charged under applicable law with the protection of the public health or safety under circumstances where the public health or safety is at risk.

P. With respect to members of the armed forces who may have violated transportation security or safety requirements and laws, disclose the individual’s identifying information and
details of their travel on the date of the incident in question to the appropriate
branch of the armed forces to the extent necessary to determine whether the individual was performing official
duties at the time of the incident.
Members of the armed forces include active duty and reserve members, and
members of the National Guard. This routine use is intended to permit TSA to determine whether the potential
violation must be referred to the appropriate branch of the armed forces for action pursuant to 49 U.S.C. § 46301(h).

Q. To the DOJ, U.S. Attorney’s Office, or other Federal agencies for further collection action on any delinquent debt
when circumstances warrant.

R. To a debt collection agency for the purpose of debt collection.

S. To airport operators, aircraft operators, air carriers, maritime, and surface transportation operators, indirect air carriers, or other facility operators when appropriate to address a threat or potential threat to transportation security or national security, or when required for administrative purposes related to the
effective and efficient administration of transportation security laws.

T. To a former employee of DHS, in accordance with applicable regulations, for purposes of responding to an official inquiry by a Federal, State, or local government entity or professional licensing authority; or facilitating
communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires
information or consultation assistance from the former employee regarding a matter within that person’s former area of responsibility.

U. To a court, magistrate, or
administrative tribunal where a Federal agency is a party to the litigation or administrative proceeding in the course of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings.

V. To the public, on the TSA Web site at www.tsa.gov, final agency and Administrative Law Judge decisions in
criminal enforcement and other administrative matters, except that personal information about individuals
will be deleted if release of that
information would constitute an unwarranted invasion of privacy, including but not limited to medical
information.

W. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, where there exists a legitimate public
interest in the disclosure of the information, or when disclosure is necessary to preserve confidence in the integrity of DHS or is necessary to demonstrate the accountability of DHS’s officers, employees, or individuals covered by the system, except to the
extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy or a risk to transportation or national security.

X. To the appropriate Federal, State, local, tribal, territorial, foreign, or international agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, order, license, or treaty, where DHS/
TSA determines that the information
would assist in the enforcement of a
civil or criminal law. **DISCLOSURE TO CONSUMER REPORTING**

**AGENCIES :** 

Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this system to consumer reporting agencies collecting on behalf of the United States

Government.

**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. The records may be stored on magnetic disc, tape, digital media, microfiche, and roll
microfilm.

**RETRIEVABILITY :** 

Records may be retrieved by name, address, Social Security number, administrative action or legal enforcement numbers, or other assigned
identifier of the individual on whom the
records are maintained.

**SAFEGUARDS :** 

Information in this system is safeguarded in accordance with applicable laws, rules and policies. All records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to authorizedpersonnel who also have a need-toknow for the performance of their official duties; using locks, alarm devices, and passwords; and encrypting
data communications. Strict control
measures are enforced to ensure that
access to classified and/or sensitive
information in these records is also
based on need to know. Electronic access is limited by computer security measures that are strictly enforced. TSA file areas are locked after normal duty hours and the facilities are protected from the outside by security personnel.

**RETENTION AND DISPOSAL :** 

National Archives and Records Administration approval is pending for the records in this system. Paper records
and information stored on electronic storage media are maintained within TSA for five years and then forwarded
to Federal Records Center. Records are destroyed after ten years.

**SYSTEM MANAGER AND ADDRESS :** 

Information Systems Program Manager, Office of the Chief Counsel, TSA Headquarters, West Tower, 8th Floor, TSA–2, 601 S. 12th Street, Arlington, VA 20598.

**NOTIFICATION PROCEDURE :** 

The Secretary of Homeland Security has exempted this system from the


### 73871 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Notices

notification, access, and amendment procedures of the Privacy Act because it is a law enforcement system. However,
DHS/TSA 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 TSA FOIA Officer by
email at foia.tsa@dhs.gov or by mail at Transportation Security Administration, TSA–20, FOIA Office, 601 S. 12th Street, Arlington, VA 20598. If an
individual believes more than one component maintains Privacy Act records concerning him 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;

• 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 are obtained from the alleged violator, TSA employees or contractors, witnesses to the alleged violation or events surrounding the alleged violation, other third parties who provided information regarding the alleged violation, State and local agencies, and other Federal agencies.

**EXEMPTIONS CLAIMED FOR THE SYSTEM :** 

Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and (k)(2). Portions of the system pertaining to investigations or prosecutions of violations of criminal law are exempt under 5 U.S.C. 552a(j)(2). These exemptions are reflected in the final rule published on August 4, 2006 in 71

FR 44223.

Dated: November 21, 2013.

Karen L. Neuman Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2013–29353 Filed 12–6–13; 8:45 am]

**BILLING CODE 9110–05–P**

**DEPARTMENT OF HOMELAND**
**SECURITY**

**Federal Emergency Management Agency** 

**[Docket ID: FEMA–2013–0049; OMB No. 1660–0102]** 

**Agency Information Collection Activities: Proposed Collection;**  **Comment Request; Federal Emergency Management Agency Housing**  **Inspection Services Customer Satisfaction Survey** 

**AGENCY :**  Federal Emergency Management Agency, DHS.

**ACTION :**  Notice.

**SUMMARY :**  The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the housing inspection services customer satisfaction survey.

**DATES :**  Comments must be submitted on or before February 7, 2014. **ADDRESSES :**  To avoid duplicate submissions to the docket, please use only one of the following means to
submit comments:

(1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA–2013–0049. Follow the instructions for submitting comments.

(2) Mail. Submit written comments to Docket Manager, Office of Chief Counsel, DHS/FEMA, 500 C Street SW., 8NE, Washington, DC 20472–3100.

(3) Facsimile. Submit comments to (703) 483–2999.

All submissions received must include the agency name and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available via
the link in the footer of www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Dawson Riggleman, Contracting Officer’s Representative, FEMA Contract Management and Housing Inspection Services, 540–686–3810. You may contact the Records Management Division for copies of the proposed
collection of information at facsimile number (202) 646–3347 or email
address: FEMA-Information-CollectionsManagement@dhs.gov.

**SUPPLEMENTARY INFORMATION :**  Executive Order 12862, Setting Customer Service Standards, signed on 9/11/1993 requires all executive departments and agencies that provide significant services directly to the public to provide those services
in a manner that seeks to meet the
customer service standard established by E.O. 12862 and to take the following actions: (1) Identify the customers who are, or should be served by the agency; (2) survey customers to determine the kind and quality of services requested
and their level of satisfaction with existing services; (3) post service standards and measure results against standards; (4) benchmark customer service performance against the best in business; (5) survey front-line employees on barriers and ideas for, matching the best in business; (6) provide customers with choices in both
the sources of service and the means of delivery; (7) make information, services, and complaint systems easily accessible; and (8) provide means to address customer complaints. In compliance with the FEMA Housing Inspection Services, contract inspectors meet with