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[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]               
[Page 18860-18863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-71]                         

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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.

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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.

[[Page 18861]]

    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

[[Page 18862]]

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.

[[Page 18863]]

    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 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:
    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
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