18860 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices 

Dated: March 19, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–8313 Filed 4–12–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0017] 

Privacy Act of 1974, Department of 

Homeland Security Transportation 

Security Administration—013 Federal 

Flight Deck Officer Record System 

AGENCY: Privacy Office, DHS. 

ACTION: Notice to alter an existing 

Privacy Act system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

and reissue an existing Department of 

Homeland Security system of records 

notice titled, Transportation Security 

Administration—013 Federal Flight 

Deck Officer Record System, previously 

published on August 18, 2003. The 

Federal Flight Deck Officer Record 

System contains records necessary for 

assessment, acceptance, training, 

participation, and recertification of 

deputized pilots of commercial air 

carriers who participate in the Flight 

Deck Officer Program designed to 

defend aircraft flight decks against acts 

of criminal violence or air piracy. 

As a result of the biennial review of 

this system, modifications are being 

made to the system of records’ routine 

uses, record sources, retention and 

disposal, notification procedures, and 

system manager and address. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(6) as reflected in the final rule 

published in the Federal Register on 

June 25, 2004. 

This updated system will continue to 

be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

May 13, 2010. The system will be 

effective May 13, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0017 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: Peter 

Pietra, Privacy Officer, Transportation 

Security Administration, TSA–36, 601 

South 12th Street, Arlington, VA 20598– 

6036 or TSAprivacy@dhs.gov. 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: 

I. Background 

In accordance with the Privacy Act of 

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

Homeland Security (DHS) 

Transportation Security Administration 

(TSA) proposes to update and reissue a 

DHS/TSA system of records notice 

titled, DHS/TSA–013 Federal Flight 

Deck Officer Record System (FDORS), 

previously published on August 18, 

2003 (68 FR 49496). 

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. In accordance with the 

biennial review of this system, the 

following modifications are being made: 

• DHS/TSA is updating the system of 

records to incorporate five Department 

of Homeland Security (DHS) standard 

routines uses. One routine use will 

allow the release of information to 

appropriate agencies, entities, and 

persons when DHS/TSA suspects or has 

confirmed that the security or 

confidentiality of an information system 

of records has been compromised. 

Another routine use permits the release 

of information to the media when there 

exists a legitimate public interest in 

disclosing information. Release under 

this routine use will require the 

approval of the DHS Chief Privacy 

officer in consultation with counsel. 

The third routine use allows the release 

of information to a court, magistrate, 

administrative tribunal or opposing 

counsel or parties where a federal 

agency is a party or has an interest in 

the litigation or administrative 

proceeding. The fourth routine use 

allows DHS/TSA to release information 

to a former employee when it is 

necessary to consult with the former 

employee regarding a matter that is 

within that person’s former area of 

responsibility. The fifth routine use 

allows DHS/TSA to release information 

to appropriate entities where it would 

assist in the enforcement of civil or 

criminal laws. 

• DHS/TSA is revising a routine use 

currently in by adding indirect air 

carriers and other facility operators as 

potential recipients of information from 

these systems 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. 

• DHS/TSA is also revising a current 

routine use by adding indirect air 

carriers and other facility operators as 

potential recipients of information 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, training or the 

issuance of such credentials or 

clearances. 

• Finally, DHS/TSA has removed as a 

routine use the sharing of information 

with the Attorney General of the United 

States concerning violations of the 

Brady Handgun Violence Prevention 

Act as it is duplicative. 

• The record source categories are 

being updated to reflect the use of 

commercial and public record databases 

and Web sites to obtain information 

regarding the identity of individuals 

who attempt to gain access to the sterile 

areas of the airport and for whom 

identity needs to be verified or 

individuals who are being vetted to 

qualify as federal flight deck officers. 

• The retention and disposal section 

is updated to reflect the records 

retention schedules approved by the 

National Archives and Records 

Administration (NARA). 

• The notification section was 

changed to reflect that inquiries 

regarding whether the applicable system 

contains records about an individual 

should be directed to TSA’s Freedom of 

Information Act (FOIA) Office. 

• The system manager and address 

were revised to reflect the current 

system manager. 


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FFDORS contains records necessary 

for assessment, acceptance, training, 

participation, and recertification of 

deputized pilots of commercial air 

carriers who participate in the Flight 

Deck Officer Program designed to 

defend aircraft flight decks against acts 

of criminal violence or air piracy. 

As a result of the biennial review of 

this system, modifications are being 

made to the system of records’ routine 

uses, record sources, retention and 

disposal, notification procedures, and 

system manager and address. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(6) as reflected in the final rule 

published on June 25, 2004, 69 FR 

35536. 

Consistent with the Privacy Act, 

information shared in the Federal Flight 

Deck Officer Records System 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 

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 individual’s 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 

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 Transportation 

Security Administration 013 Federal 

Flight Deck Officer Record System 

system of records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records: 

DHS/TSA 013 

SYSTEM NAME: 

Transportation Security 

Administration 013 Federal Flight Deck 

Officer Record System (FFDORS). 

SECURITY CLASSIFICATION: 

Classified, sensitive. 

SYSTEM LOCATION: 

Federal Flight Deck Officer (FFDO) 

Program Records are maintained at the 

offices of the Transportation Security 

Administration (TSA) Headquarters in 

Reston, Virginia. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

1. All individuals who volunteer to 

participate in the FFDO program, 

2. FFDO program participants, i.e., 

those volunteers who are accepted into 

the FFDO training program and 

deputized as FFDOs, and 

3. former FFDO program participants. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system includes all records 

required in connection with an 

individual’s voluntary participation in 

the program, including records 

associated with FFDO application, 

selection, training, participation, 

retention and requalification. FFDORS 

includes records about individuals who 

applied but were not accepted into the 

program. Such records may include, but 

are not limited to the following: 

(a) Volunteer forms prepared by 

applicants for program participation 

containing such information as work 

history, education, military service, 

certificates of specialized training, 

awards and honors; 

(b) Copies of correspondence between 

the applicant and TSA, and between 

TSA and other agencies, applicant 

places of employment, and educational 

institutions, for the purposes of 

verifying information provided to TSA 

by the applicant; 

(c) The FD–258 Fingerprint card, 

investigative summaries, and 

compilations of criminal history record 

checks, to include administrative 

records and correspondence incidental 

to the background investigation process, 

obtained from various law enforcement 

authorities; 

(d) Results of written cognitive and 

noncognitive assessments and 

information regarding how the 

volunteer form was rated, prepared by 

TSA employees or contract 

psychologists; 

(e) Records regarding the TSA’s final 

decision to accept or reject volunteers 

for the FFDO program for suitability or 

medical reasons, including records 

prepared by TSA employees, and 

responses to and results of approved 

psychological assessments or similar 

tests administered by TSA; 

(f) Results of telephonic or in-person 

interviews with program volunteers, 

including summary recommendations 

regarding the individual’s participation 

in the program, prepared by TSA 

employees; 

(g) Records prepared by TSA 

employees related to the selection or 

rejection of volunteer applicants (to 

include records generated as a result of 

any administrative appeal of TSA’s 

determination to reject an applicant), 

and records related to recertification 

and decertification; 

(h) Records prepared by TSA 

employees related to training, including 

academic and firearms performance; 

and 

(i) Records prepared by TSA 

employees related to requalification and 

deputation renewal. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 114, 44921. 

PURPOSE(S): 

The purpose of this system is to 

maintain records necessary for the 

assessment and acceptance of 

volunteers, and the training, 

participation and recertification of 

deputized volunteer pilots of air carriers 

providing commercial air transportation 

as federal law enforcement to defend the 

flight decks of aircraft of such air 

carriers against acts of criminal violence 

or air piracy. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

A. To the Department of Justice (DOJ) 

(including United States Attorney 

Offices) or other federal agency in 


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anticipation of, or 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 current or former employee of 

DHS in his/her official capacity; 

3. Any current 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, 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 

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 

agency, including law enforcement, 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. The issuance, maintenance, or 

renewal of a license, certificate, 

contract, grant, or other benefit. 

I. To a Federal, State, local, tribal, 

territorial, foreign, or international 

agency, in response to queries regarding 

persons who may pose a risk to 

transportation or national security; a 

risk of air piracy or terrorism or a threat 

to airline or passenger safety; or a threat 

to aviation safety, civil aviation, or 

national security. 

J. 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. 

K. 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 

security clearance, license, contract, 

grant, or other benefit. 

L. 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. 

M. To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international agreement. 

N. To third parties to the extent 

necessary to obtain information 

pertinent to the individual’s fitness and 

qualifications for the FFDO program. 

O. 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, training or the issuance of such 

credentials or clearances. 

P. To the DOJ in review, settlement, 

defense, and prosecution of claims, 

complaints, and lawsuits involving 

matters over which DHS/TSA exercises 

jurisdiction. 

Q. 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-relate 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. 

R. 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. 

S. 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 laws. 


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T. To the news media and the public, 

with the approval of the DHS 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 or a risk to transportation or 

national security. 

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 may be 

maintained on paper and in computeraccessible storage media. Records may 

also be stored on microfiche and roll 

microfilm. Records that are sensitive or 

classified are safeguarded in accordance 

with agency procedures, and applicable 

Executive Orders and statutes. 

RETRIEVABILITY: 

Information can be retrieved by name, 

address, social security, and account 

number or other assigned tracking 

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 have a need-to-know; 

using locks, alarm devices, and 

passwords; and encrypting data 

communications. TSA file areas are 

locked after normal duty hours and 

security personnel protect the facilities 

from the outside. 

RETENTION AND DISPOSAL: 

Records associated with the 

assessment of FFDO’s will be destroyed 

one year after TSA is notified that 

access based on security threat 

assessment is no longer valid; where an 

individual was a possible match to a 

watchlist, records will be destroyed 

seven years after completion of the 

security threat assessment or one year 

after being notified that access based on 

the security threat assessment is no 

longer valid, whichever is longer; and 

where the individual is an actual match 

to a watchlist records will be destroyed 

99 years after the security threat 

assessment or seven years after TSA is 

notified the individual is deceased, 

whichever is shorter. 

SYSTEM MANAGERS AND ADDRESS: 

Transportation Security 

Administration, Office of Law 

Enforcement/Federal Air Marshal 

Service. 1900 Oracle Way, Suite 500, 

Reston, VA 20190. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

TSA will consider individual requests 

to determine whether or not information 

may be released. Thus, individuals 

seeking notification and access to any 

record contained in the 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 https:// 

www.dhs.gov/foia under ‘‘contacts.’’ 

TSA’s FOIA Officer is located at: 

Freedom of Information Act Office, 

TSA–20, 601 S. 12th Street, 11th Floor, 

East Tower, Arlington, VA 20598–6020, 

1–866–FOIA–TSA or 571–227–2300, 

Fax: 571–227–1406, E-mail: 

foia.tsa@dhs.gov. 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: 

Information maintained in this system 

is primarily obtained from the FFDO 

volunteer form or derived from 

information the applicant supplied, 

reports from medical personnel on 

physical and psychological results of 

examinations, training records, and law 

enforcement and intelligence agency 

record systems, commercial and public 

databases and Web sites and individuals 

interviewed as part of the background 

investigation. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(6) as reflected in the final rule 

published on June 25, 2004. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–8317 Filed 4–12–10; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0015] 

Privacy Act of 1974; Department of 

Homeland Security Transportation 

Security Administration—006 

Correspondence and Matters Tracking 

Records 

AGENCY: Privacy Office, DHS. 


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