```

[Federal Register: May 19, 2010 (Volume 75, Number 96)]
[Notices]               
[Page 28046-28051]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my10-80]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0014]

 
Privacy Act of 1974; Department of Homeland Security 
Transportation Security Administration--002 Transportation Security 
Threat Assessment System System of Records

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 the Department of 
Homeland Security Transportation Security Administration--002 
Transportation Security Threat Assessment System of Records, November 
8, 2005, to reflect necessary programmatic changes. As a result of the 
biennial review of this system, modifications are being made to the 
system of records' categories of individuals, categories of records, 
routine uses, data retention and disposal, and notification procedures. 
The Department of Homeland Security Transportation Security 
Administration--002 Transportation Security Threat Assessment System 
System of Records contains records related to security threat 
assessments, employment investigations, and evaluations Transportation 
Security Administration conducts on certain individuals for security 
purposes. For example, individuals who apply for a Transportation 
Worker Identification Credential or a Hazardous Materials Endorsement 
must undergo a security threat assessment and records associated with 
the assessment are covered by this system.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and 
(k)(2) 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 June 18, 2010. This amended system 
will be effective June 18, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0014 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 (TSAprivacy@dhs.gov), 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--002 Transportation Security Threat 
Assessment System of Records (70 FR 33383, November 8, 2005).
    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:
     The categories of individuals section is updated to 
expressly include individuals who seek maritime or surface 
transportation facility access badges or credentials as well as 
individuals who undergo a security threat assessment unassociated with 
a

[[Page 28047]]

badge or credential. DHS/TSA is also adding individuals seeking to 
become, or qualified as, Certified Cargo Screening Program validators; 
individuals who are owners, operators, or directors of any mode of 
transportation; individuals who undergo security threat assessments or 
evaluations in order to obtain access to facilities over which DHS 
exercises authority to this system of records. Information regarding an 
individual's level of access at transportation facilities other than 
airports over which DHS exercises authority, including information on 
the termination or expiration of the individual's access is now also 
included in the categories of records. The categories of individuals 
also includes individuals who have been or seek to be distinguished 
from individuals on a watch list through a redress process or other 
means.
     The routine uses section is updated to incorporate five 
Department of Homeland Security (DHS) standard routine uses. One 
routine use will allow 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. Another 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.
     Additionally, DHS/TSA is revising a 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.
     The retention and disposal section is updated to reflect 
the records retention schedule 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 The Transportation Security 
Administration Freedom of Information Act Office.
    The Security Threat Assessment System contains records related to 
security threat assessments, employment investigations, and evaluations 
DHS/TSA conducts on certain individuals for security purposes. For 
example, individuals who apply for a Transportation Worker 
Identification Credential or a Hazardous Materials Endorsement must 
undergo a security threat assessment and are covered by this system.
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and 
(k)(2). In addition, to the extent a record contains information from 
other exempt systems of records, DHS/TSA will rely on the exemptions 
claimed for those systems as reflected in the final rule published on 
June 25, 2004 in 69 FR 35536. The information is collected to conduct 
security threat assessments on individuals to ensure they do not pose, 
and are not suspected of posing, a threat to transportation or national 
security. Consistent with the Privacy Act, information stored in the 
Transportation Security Threat Assessment 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 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 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 
their records are put, and to assist individuals to more easily find 
such files within the agency. Below is the description of the DHS/TSA-
002 Transportation Security Threat Assessment 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-002

System name:
    Transportation Security Administration Transportation Security 
Threat Assessment System (T-STAS).

Security classification:
    Classified, Sensitive.

System location:
    Records are maintained at the Transportation Security 
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA 
20598 and TSA field offices. Records may also be maintained at the 
offices of TSA contractors.

Categories of individuals covered by the system:
    Individuals who undergo a security threat assessment, employment 
investigation, or other evaluation performed for security purposes, or 
in order to obtain access to the following: transportation 
infrastructure or assets, such as terminals, facilities, pipelines, 
railways, mass transit, vessels, aircraft, or vehicles; restricted 
airspace; passenger baggage; cargo; shipping venues; or other 
facilities or critical infrastructure over which the DHS exercises 
authority; Sensitive Security

[[Page 28048]]

Information or Classified information provided in connection with 
transportation security matters; or transportation-related instruction 
or training (such as flight training). This includes, but is not 
limited to, the following individuals:
    (a) Individuals who require or seek access to airports, or maritime 
or surface transportation facilities, or facilities over which DHS 
exercises authority.
    (b) Individuals who have or are seeking responsibility for 
screening individuals or carry-on baggage, and those persons serving as 
immediate supervisors and the next supervisory level to those 
individuals, other than employees of the DHS/TSA who perform or seek to 
perform these functions.
    (c) Individuals who have or are seeking responsibility for 
screening checked baggage or cargo, and their immediate supervisors, 
and the next supervisory level to those individuals, other than 
employees of the DHS/TSA who perform or seek to perform these 
functions.
    (d) Individuals who have or are seeking the authority to accept 
checked baggage for transport on behalf of an aircraft operator that is 
required to screen passengers.
    (e) Pilots, copilots, flight engineers, flight navigators, and 
airline personnel authorized to fly in the cockpit, relief or 
deadheading crewmembers, cabin crew, and other flight crew for an 
aircraft operator or foreign air carrier that is required to adopt and 
carry out a security program.
    (f) Flight crews and passengers who request waivers of temporary 
flight restrictions (TFRs) or other restrictions pertaining to 
airspace.
    (g) Other individuals who are connected to the transportation 
industry for whom DHS/TSA conducts security threat assessments to 
ensure transportation security.
    (h) Individuals who have or are seeking unescorted access to cargo 
in the transportation system.
    (i) Individuals who are owners, officers, or directors of an 
indirect air carrier or a business seeking to become an indirect air 
carrier.
    (j) Aliens or other individuals designated by DHS/TSA who apply for 
flight training or recurrent training.
    (k) Individuals transported on all-cargo aircraft, including 
aircraft operator or foreign air carrier employees and their family 
members and persons transported for the flight.
    (l) Individuals seeking to become, or qualified as, known shippers 
or Certified Cargo Screening Program validators.
    (m) Known or suspected terrorists identified in the Terrorist 
Screening Database (TSDB) of the Federal Bureau of Investigation's 
(FBI) Terrorist Screening Center (TSC); individuals identified by DHS/
TSA to the TSDB because they pose a threat to civil aviation or 
national security; and individuals on classified and unclassified 
governmental terrorist, law enforcement, immigration, or intelligence 
databases, including databases maintained by the Department of Defense, 
National Counterterrorism Center, or Federal Bureau of Investigation.
    (n) Individuals who have been or seek to be distinguished from 
individuals on a watch list through a redress process or other means.
    (o) Individuals who are owners, operators or directors of any 
transportation mode facilities, services, or assets.

Categories of records in the system:
    DHS/TSA's system may contain any, or all, of the following 
information regarding individuals covered by this system:
    (a) Name (including aliases or variations of spelling).
    (b) Gender.
    (c) Current and historical contact information (including, but not 
limited to, address information, telephone number, and e-mail).
    (d) Government-issued licensing or identification information 
(including, but not limited to, Social security number; pilot 
certificate information, including number and country of issuance; 
current and past citizenship information; immigration status; alien 
registration numbers; visa information; and other licensing information 
for modes of transportation).
    (e) Date and place of birth.
    (f) Name and information, including contact information and 
identifying number (if any) of the airport, aircraft operator, indirect 
air carrier, maritime or land transportation operator, or other 
employer or entity that is employing the individual, or submitting the 
individual's information, or sponsoring the individual's background 
check/threat assessment.
    (g) Physical description, fingerprint and/or other biometric 
identifier, and photograph.
    (h) Date, place, and type of flight training or other instruction.
    (i) Control number or other unique identification number assigned 
to an individual or credential.
    (j) Information necessary to assist in tracking submissions, 
payments, and transmission of records.
    (k) Results of any analysis performed for security threat 
assessments and adjudications.
    (l) Other data as required by Form FD 258 (fingerprint card) or 
other standard fingerprint cards used by the federal government.
    (m) Information provided by individuals covered by this system in 
support of their application for an appeal or waiver.
    (n) Flight information, including crew status on board.
    (o) Travel document information (including, but not limited to, 
passport information, including number and country of issuance; and 
current and past citizenship information and immigration status, any 
alien registration numbers, and any visa information).
    (p) Criminal history records.
    (q) Data gathered from foreign governments or entities that is 
necessary to address security concerns in the aviation, maritime, or 
land transportation systems.
    (r) Other information provided by federal, state, and local 
government agencies or private entities relevant to the assessment, 
investigation, or evaluation.
    (s) The individual's level of access at an airport or other 
transportation facility, including termination or expiration of access.
    (t) Military service history.
    (u) Suitability testing and results of such testing.

Authority for maintenance of the system:
    49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936, 
44939, and 46105.

Purpose(s):
    (a) Performance of security threat assessments, employment 
investigations, and evaluations performed for security purposes that 
Federal statutes and/or DHS/TSA regulations authorize for the 
individuals identified in ``Categories of individuals covered by the 
system,'' above.
    (b) To assist in the management and tracking of the status of 
security threat assessments, employment investigations, and evaluations 
performed for security purposes.
    (c) To permit the retrieval of the results of security threat 
assessments, employment investigations, and evaluations performed for 
security purposes; including criminal history records checks and 
searches in other governmental, commercial, and private data systems, 
performed on the individuals covered by this system.
    (d) To permit the retrieval of information from other terrorist-
related,

[[Page 28049]]

law enforcement, immigration and intelligence databases on the 
individuals covered by this system.
    (e) To track the fees incurred, and payment of those fees, by the 
airport operators, aircraft operators, maritime and land transportation 
operators, flight students, and others, where appropriate, for services 
related to security threat assessments, employment investigations, and 
evaluations performed for security purposes.

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. 
522a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed as a routine use 
pursuant to 5 U.S.C. 522a(b)(3) as follows;
    A. To the Department of Justice (DOJ) (including United States 
Attorney Offices) or other federal agency in 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 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 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 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;
    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, 
volunteers, or 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 
required to comply with the 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 U.S. 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, endorsement, 
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 security clearance, license, endorsement, contract, 
grant, waiver, credential, 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 initial or recurrent security threat 
assessment, the hiring or retention of an employee; the issuance of a 
security clearance, license, endorsement, contract, grant, waiver, 
credential, or other benefit and to facilitate any associated payment 
and accounting.
    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 a security threat 
assessment, employment investigation, or adjudication of a waiver or 
appeal request, to the extent necessary to obtain information pertinent 
to the assessment, investigation, or adjudication.
    N. To airport operators, aircraft operators, 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.
    O. 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.

[[Page 28050]]

    P. 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.
    Q. 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.
    R. 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 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 may be maintained on paper and in computer-accessible 
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:
    Records may be retrieved by name, social security number, 
identifying number of the submitting or sponsoring entity, other case 
number assigned by DHS/TSA or other entity/agency, biometric, or a 
unique identification number, or any other identifying particular 
assigned or belonging to the individual.

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:
    In accordance with National Archives and Records Administration 
approved retention and disposal policy N1-560-06, individuals who were 
not identified as possible security threat, records will be destroyed 
one year after DHS/TSA is notified that access based on security threat 
assessment is no longer valid; where an individual was identified as a 
possible security threat and subsequently cleared, 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 DHS/TSA is notified the individual is deceased, whichever is 
shorter.

System manager(s) and address:
    Assistant Director for Compliance, Transportation Threat Assessment 
& Credentialing Office, TSA-19, Transportation Security Administration, 
601 South 12th Street, Arlington, VA 20598.

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, DHS/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 DHS/TSA's FOIA Officer. 
DHS/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.
    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 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 procedure:
    Same as ``Notification Procedure,'' above.

Contesting record procedure:
    Same as ``Notification Procedure'' above.

Record source categories:
    Records are obtained from individuals subject to a security threat 
assessment, employment investigation, or other security analysis; from 
aviation, maritime, and land transportation operators, flight schools, 
or other persons sponsoring the individual; and any other persons, 
including commercial entities that may have information that is 
relevant or necessary to the assessment or investigation. Information 
about individuals is also used or collected from domestic and 
international intelligence sources and other governmental, private, and 
public databases. The sources of information in the criminal history 
records obtained from the Federal Bureau of Investigation are set forth 
in the Privacy Act system of records notice Department of Justice 
Federal Bureau of Investigation--009 Fingerprint Identification Records 
System (72 FR 3410, January 1, 2007).

[[Page 28051]]

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted portions of this 
system from subsections (c)(3); (d); (e)(1), (e)(4)(G); (H); (I); and 
(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) as 
reflected in the final rule published on June 25, 2004 in 69 FR 35536. 
In addition, to the extent a record contains information from other 
exempt systems of records, DHS/TSA will rely on the exemptions claimed 
for those systems.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11919 Filed 5-18-10; 8:45 am]
BILLING CODE 4910-62-P
```