This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

30433 

Vol. 77, No. 100 

Wednesday, May 23, 2012 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2012–0020] 

Privacy Act of 1974: Implementation of 

Exemptions; Automated Targeting 

System 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

updated system of records pursuant to 

the Privacy Act of 1974 for the 

‘‘Department of Homeland Security/U.S. 

Customs and Border Protection—006— 

Automated Targeting System (ATS) 

System of Records’’ and this proposed 

rulemaking. The Department is 

publishing this Notice of Proposed 

Rulemaking to ensure that the 

exemptions previously published are 

clearly and appropriately applied to all 

records in the updated system of 

records. 

DATES: Comments must be received on 

or before June 22, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0020, 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 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, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Laurence E. Castelli (202–325–0280), 

CBP Privacy Officer, Office of 

International Trade, U.S. Customs and 

Border Protection, Mint Annex, 799 

Ninth Street NW., Washington, DC 

20229. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security proposes to update and expand 

an existing Department of Homeland 

Security SORN titled, U.S. Customs and 

Border Protection, DHS/CBP–006— 

Automated Targeting System (ATS) 72 

FR 43650, August 6, 2007. 

The SORN published elsewhere in the 

Federal Register is being updated and 

expanded to inform the public about 

changes to the Automated Targeting 

System (ATS) categories of individuals, 

categories of records, routine uses, 

access provisions, and sources of data. 

DHS/CBP is updating and expanding 

the categories of individuals, categories 

of records and sources of records stored 

in ATS because it has certain data that 

it must ingest for performance purposes. 

The Privacy Impact Assessment (PIA), 

which DHS will publish on its Web site 

(http://www.dhs.gov/privacy) 

concurrently with the publication of the 

SORN in the Federal Register, provides 

a full discussion of the functional 

capabilities of ATS and its modules. 

DHS and CBP have previously 

exempted portions of ATS from the 

access, amendment, and public 

accounting provisions of the Privacy Act 

because it is a law enforcement system. 

DHS and CBP, however, will consider 

each request for access to records 

maintained in ATS to determine 

whether or not information may be 

released. DHS and CBP further note that 

despite the exemption taken on this 

system of records they are providing 

access and amendment to passenger 

name records (PNR) collected by CBP 

pursuant to its statutory authority, 49 

U.S.C. 44909, as implemented by 19 

CFR 122.49d; Importer Security Filing 

(10+2 documentation) information; and 

any records that were ingested by ATS 

where the source system of records 

already provides access and/or 

amendment under the Privacy Act. 

ATS provides the following basic 

functionalities to support the CBP 

officer in identifying individuals and 

cargo that need additional review across 

the different means or modes of travel 

to and from the United States: 

• Comparison: ATS compares 

information on travelers and cargo 

coming into and going out of the 

country against law enforcement and 

intelligence databases to identify 

individuals and cargo requiring 

additional scrutiny. For example, ATS 

compares information on individuals 

(identified as passengers, travelers, 

crewmembers, or persons appearing on 

documents supporting the movement of 

cargo) trying to enter the country or 

trying to enter merchandise into the 

country against the Terrorist Screening 

Database (TSDB), which ATS ingests 

from the DHS Watchlist Service (WLS), 

and outstanding wants and warrants. 

• Rules: ATS compares existing 

information on individuals and cargo 

entering and exiting the country with 

patterns identified as requiring 

additional scrutiny. The patterns are 

based on CBP officer experience, 

analysis of trends of suspicious activity, 

and raw intelligence corroborating those 

trends. For example, ATS might 

compare information on cargo entering 

the country against a set of scenariobased targeting rules that indicate a 

particular type of fish rarely is imported 

from a given country. 

• Federated Query: ATS allows users 

to search data across many different 

databases and correlates it across the 

various systems to provide a person 

centric view of all data responsive to a 

query about the person’s identity from 

the selected data bases. 

In order to do the above, ATS pulls 

data from many different source 

systems. In some instances ATS is the 

official record for the information, while 

in other instances ATS ingests and 

maintains the information in order to 

improve the functionality of the system 

or provides a pointer to the information 

in the underlying system. Below is a 

summary: 

• Official Record: ATS maintains the 

official record for Passenger Name 

Records (PNR) collected by CBP 

pursuant to its statutory authority, 49 

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30434 Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules 

U.S.C. 44909, as implemented by 19 

CFR 122.49d; for Importer Security 

Filing (10+2 documentation) 

information, which provides advanced 

information about cargo and related 

persons and entities for risk assessment 

and targeting purposes; for results of 

Cargo Enforcement Exams; for the 

combination of license plate, 

Department of Motor Vehicle (DMV) 

registration data and biographical data 

associated with a border crossing; for 

law enforcement and/or intelligence 

data, reports, and projects developed by 

CBP analysts that may include public 

source and/or classified information; 

and information obtained through 

memorandum of understanding or other 

arrangements because the information is 

relevant to the border security mission 

of the Department. 

• Ingestion of Data: ATS maintains 

copies of key elements of certain CBP 

databases in order to minimize the 

processing time for searches on the 

operational systems and to act as a 

backup for certain operational systems, 

including, but not limited to: 

Automated Commercial Environment 

(ACE), Automated Commercial System 

(ACS), Automated Export System (AES), 

Advance Passenger Information System 

(APIS), Border Crossing Information 

(BCI), Consular Electronic Application 

Center (CEAC), Enforcement Integrated 

Database (EID) [which includes the 

Enforcement Case Tracking System 

(ENFORCE)], Electronic System for 

Travel Authorization (ESTA), Global 

Enrollment System (GES), NonImmigrant Information System (NIIS), 

historical National Security Entry-Exit 

Registration System (NSEERS), Seized 

Asset and Case Tracking System 

(SEACATS), U.S. Immigration and 

Customs Enforcement (ICE) Student 

Exchange and Visitor Information 

System (SEVIS), Social Security 

Administration (SSA) Master Death File, 

TECS, Terrorist Screening Database 

(TSDB) through the DHS Watchlist 

Service (WLS), and WebIDENT. If 

additional data is ingested and that 

additional data does not require 

amendment of the categories of 

individuals or categories of records in 

the SORN, the PIA for ATS will be 

updated to reflect that information. The 

updated PIA can be found at 

www.dhs.gov/privacy. 

• Pointer System: ATS accesses and 

uses additional databases without 

ingesting the data, including, but not 

limited to: CBP Border Patrol 

Enforcement Tracking System (BPETS), 

Department of State Consular 

Consolidated Database (CCD), 

commercial data aggregators, CBP’s 

Enterprise Geospatial Information 

Services (eGIS), DHS/USVISIT IDENT, 

National Law Enforcement 

Telecommunications System (Nlets), 

DOJ’s National Crime Information 

Center (NCIC), the results of queries in 

the FBI’s Interstate Identification Index 

(III), and the National Insurance Crime 

Bureau’s (NICB’s) private database of 

stolen vehicles. If additional data is 

ingested and that additional data does 

not require amendment of the categories 

of individuals or categories of records in 

the SORN, the PIA for ATS will be 

updated to reflect that information. The 

updated PIA can be found at 

www.dhs.gov/privacy. 

DHS/CBP has reorganized the ATS 

routine uses to provide greater 

uniformity across DHS systems. 

Consistent with DHS’s information 

sharing mission, information stored in 

ATS 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 recipient has a need 

to know the information to carry out 

functions consistent with the routine 

uses set forth in the SORN. 

DHS has exempted the system from 

the notification, access, amendment, 

and certain accounting provisions of the 

Privacy Act of 1974 because of the law 

enforcement nature of ATS. Despite the 

exemptions taken on this system of 

records, CBP and DHS are not 

exempting the following records from 

the access and amendment provisions of 

the Privacy Act: passenger name records 

(PNR) collected by CBP pursuant to its 

statutory authority, 49 U.S.C. 44909, as 

implemented by 19 CFR 122.49d; 

Importer Security Filing (10+2 

documentation) information; and any 

records that were ingested by ATS 

where the source system of records 

already provides access and/or 

amendment under the Privacy Act. A 

traveler may obtain access to his or her 

PNR and request amendment as 

appropriate, but records concerning the 

targeting rules, the responses to rules, 

case events, law enforcement and/or 

intelligence data, reports, projects 

developed by CBP analysts that may 

include public source and/or classified 

information, information obtained 

through memorandum of understanding 

or other arrangements because the 

information is relevant to the border 

security mission of the Department, or 

records exempted from access by the 

system from which ATS ingested or 

accessed the information, will not be 

accessible to the individual. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. 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 from which 

information is retrieved by the name of 

the 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 (Privacy Policy Guidance 

Memorandum 2007–1, most recently 

updated January 7, 2009), DHS extends 

administrative Privacy Act protections 

to all persons, regardless of citizenship, 

where systems of records maintains 

information on both U.S. citizens and 

lawful permanent residents, as well as 

visitors. 

The Privacy Act allows government 

agencies to exempt systems of records 

from certain provisions of the Act. If an 

agency claims an exemption, however, 

it must issue a Notice of Proposed 

Rulemaking to make clear to the public 

the reasons why a particular exemption 

is claimed. 

As such, DHS is continuing to claim 

exemptions from certain requirements 

of the Privacy Act for DHS/CBP–006— 

Automated Targeting System (ATS) 

System of Records. Some information in 

DHS/CBP–006—Automated Targeting 

System (ATS) System of Records relates 

to official DHS national security, law 

enforcement, immigration, and 

intelligence activities. These 

exemptions are needed to protect 

information relating to DHS activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes; to avoid 

disclosure of activity techniques; to 

protect the identities and physical safety 

of confidential informants and law 

enforcement personnel; to ensure DHS’ 

ability to obtain information from third 

parties and other sources; to protect the 

privacy of third parties; and to safeguard 

officially classified and/or controlled 

information. Disclosure of information 

to the subject of the inquiry could also 

permit the subject to avoid detection or 

apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by a large 

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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules 30435 

number of federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived. 

A notice of system of records for DHS/ 

CBP–006—Automated Targeting System 

(ATS) System of Records is also 

published in this issue of the Federal 

Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

Chapter I of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

1. The authority citation for Part 5 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

2. Replace paragraph 45 at the end of 

Appendix C to Part 5, with the 

following: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

45. The DHS/CBP–006—Automated 

Targeting System (ATS) System of Records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/CBP–006—Automated Targeting System 

(ATS) System of Records is a repository of 

information held by DHS in connection with 

its several and varied missions and functions, 

including, but not limited to the enforcement 

of civil and criminal laws; investigations, 

inquiries, and proceedings there under; 

national security and intelligence activities. 

The DHS/CBP–006—Automated Targeting 

System (ATS) System of Records contains 

information that is collected by, on behalf of, 

in support of, or in cooperation with DHS 

and its components and may contain 

personally identifiable information collected 

by other federal, state, local, tribal, foreign, 

or international government agencies. The 

Secretary of Homeland Security has 

exempted this system from certain provisions 

of the Privacy Act as follows: 

• Pursuant to 5 U.S.C. 552a(j)(2), the 

system is exempt from 5 U.S.C. 552a(c)(3) 

and (c)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). 

• Pursuant to 5 U.S.C. 552a(j)(2), the 

system (except for passenger name records 

(PNR) collected by CBP pursuant to its 

statutory authority, 49 U.S.C. 44909, as 

implemented by 19 CFR 122.49d; Importer 

Security Filing (10+2 documentation) 

information; and any records that were 

ingested by ATS where the source system of 

records already provides access and/or 

amendment under the Privacy Act) is exempt 

from 5 U.S.C. 552a(d)(1), (d)(2), (d)(3), and 

(d)(4). 

• Pursuant to 5 U.S.C. 552a(k)(1) and 

(k)(2), the system is exempt from 5 U.S.C. 

552a(c)(3); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); 

and (f). 

• Pursuant to 5 U.S.C. 552a(k)(1) and 

(k)(2), the system (except for passenger name 

records (PNR) collected by CBP pursuant to 

its statutory authority, 49 U.S.C. § 44909, as 

implemented by 19 CFR 122.49d; Importer 

Security Filing (10+2 documentation) 

information; and any records that were 

ingested by ATS where the source system of 

records already provides access and/or 

amendment under the Privacy Act) is exempt 

from (d)(1), (d)(2), (d)(3), and (d)(4). 

Exemptions from these particular 

subsections are justified, on a case-by-case 

basis to be determined at the time a request 

is made, for the following reasons: 

(a) From subsection (c)(3) and (4) 

(Accounting for Disclosures) because release 

of the accounting of disclosures could alert 

the subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose classified and 

security-sensitive information that could be 

detrimental to homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation would alert the 

subject to the nature or existence of the 

investigation, thereby interfering with that 

investigation and related law enforcement 

activities. 

(e) From subsection (e)(3) (Notice to 

Individuals) because providing such detailed 

information could impede law enforcement 

by compromising the existence of a 

confidential investigation or reveal the 

identity of witnesses or confidential 

informants. 

(f) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Collection of 

Information) because with the collection of 

information for law enforcement purposes, it 

is impossible to determine in advance what 

information is accurate, relevant, timely, and 

complete. Compliance with subsection (e)(5) 

would preclude DHS agents from using their 

investigative training and exercise of good 

judgment to both conduct and report on 

investigations. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–12395 Filed 5–22–12; 8:45 am] 

BILLING CODE 9110–06–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–105; NRC–2012–0056] 

In-core Thermocouples at Different 

Elevations and Radial Positions in 

Reactor Core 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; receipt 

and request for comment. 

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