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, 

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

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 

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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 authorized 

personnel 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 

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

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 

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