28042 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

the records are part of an on-going 

investigation in which case they may be 

retained until completion of the 

investigation. This period is based on 

the statute of limitations for most types 

of misuse or fraud possible using EVerify (under 18 U.S.C. 3291, the statute 

of limitations for false statements or 

misuse regarding passports, citizenship, 

or naturalization documents). 

SYSTEM MANAGER AND ADDRESS: 

Chief, Verification Division, U.S. 

Citizenship and Immigration Services, 

Washington, DC 20529. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the USCIS 

Verification Division FOIA Officer, 

whose contact information can be found 

at http://www.dhs.gov/foia under 

‘‘contacts.’’ If an individual believes 

more than one component maintains 

Privacy Act records concerning him or 

her the individual may submit the 

request to the Chief Privacy Officer and 

Chief Freedom of Information Act 

Officer, Department of Homeland 

Security, 245 Murray Drive, SW., 

Building 410, STOP–0655, Washington, 

DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov 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; and 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without 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: 

Records are obtained from several 

sources including: (A) Information 

collected from employers about their 

employees relating to employment 

eligibility verification; (B) Information 

collected from E-Verify users used to 

provide account access and monitoring; 

(C) Information collected from federal 

databases as listed in the Category of 

Records section above; and (D) 

Information created by E-Verify, 

including its monitoring and 

compliance activities. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–11972 Filed 5–18–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0013] 

Privacy Act of 1974: System of 

Records; Department of Homeland 

Security Transportation Security 

Administration—001, Transportation 

Security Enforcement Record 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 an existing Department of 

Homeland Security system of records 

notice titled, Transportation Security 

Administration 001 Transportation 

Security Enforcement Record System 

previously published on December 10, 

2004. 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, record source 

categories, retention and disposal, 

notification procedures, and system 

manager and address. The Department 

of Homeland Security Transportation 

Security Administration—001 

Transportation Security Enforcement 

Record System covers records related to 

the Transportation Security 

Administration’s screening of 

passengers and property and 

enforcement actions involving all modes 

of transportation regulated by the 

Transportation Security Administration. 

Information in this system also includes 

records related to the investigation or 

enforcement of transportation security 

laws, regulations, directives, or Federal, 

State, local, or international law. For 

example, records relating to an 

investigation of a security incident that 

occurred during passenger or property 

screening would be covered by this 

system. 

Portions of this system are exempt 

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

Portions of the system pertaining to 

investigations or prosecutions of 

violations of criminal law are exempt 

under 5 U.S.C. 552a(j)(2). These 

exemptions are reflected in the final 

rule published on August 4, 2006. 

This 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. The system will be 

effective June 18, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0013 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28043 

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 this requirement 

and 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–001 

Transportation Security Enforcement 

Record System (69 FR 71828, December 

10, 2004.) 

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 from ‘‘passengers 

undergoing screening’’ to ‘‘individuals 

undergoing screening.’’ This change 

clarifies that individuals other than 

passengers may be subject to screening, 

such as individuals who escort minors 

or the elderly into the sterile area. 

• The categories of records section 

has been updated to State that records 

may relate to any individual, not just to 

a passenger, who undergoes screening 

and to an individual whose identity 

must be verified against the Federal 

watch lists. 

• DHS/TSA is updating the system of 

records to incorporate five DHS 

standard routines 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 current routine use adding indirect air 

carriers and other facility operators as a 

potential recipient 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 is adding a 

routine use to allow DHS/TSA to 

publish final agency and Administrative 

Law Judge decisions in civil 

enforcement and other administrative 

matters. 

• The record source categories are 

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 sections 

are 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 was revised to 

reflect the current system manager of 

the system. 

Consistent with the Privacy Act, 

information stored in TSERS 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. 

Portions of this system are exempt 

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

Portions of the system pertaining to 

investigations or prosecutions of 

violations of criminal law are exempt 

under 5 U.S.C. 552a(j)(2). These 

exemptions are reflected in the final 

rule published on August 4, 2006 in 71 

FR 44223. 

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 recordkeeping 

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 

Transportation Security Administration 

001 Transportation Security 

Enforcement 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
28044 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

Management and Budget and to 

Congress. 

System of Records 

DHS/TSA—001 

SYSTEM NAME: 

Transportation Security 

Administration Transportation Security 

Enforcement Record System (TSERS). 

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. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Owners, operators, and employees in 

all modes of transportation for which 

DHS/TSA has security-related duties; 

witnesses and other third parties who 

provide information; individuals 

undergoing screening of their person 

(including identity verification) or 

property; individuals against whom 

investigative, administrative, or civil or 

criminal enforcement action has been 

initiated for violation of certain TSA 

regulations or security directives, 

relevant provisions of 49 U.S.C. Chapter 

449, or other laws; individuals being 

investigated or prosecuted for violations 

of law; and individuals who 

communicate security incidents, 

potential security incidents, or 

otherwise suspicious activities. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information related to the screening of 

property and the security screening and 

identity verification of individuals, 

including identification media and 

identifying information such as name, 

address, gender, date of birth, contact 

information, fingerprints and/or other 

biometric identifiers, photographs or 

video, or travel information or boarding 

passes; the investigation or prosecution 

of any alleged violation; place of 

violation; Enforcement Investigative 

Reports (EIRs); security incident reports, 

screening reports, suspicious-activity 

reports and other incident or 

investigative reports; statements of 

alleged violators and witnesses and 

other third parties who provide 

information; proposed penalty; 

investigators’ analyses and work papers; 

enforcement actions taken; findings; 

documentation of physical evidence; 

correspondence of TSA employees and 

others in enforcement cases; pleadings 

and other court filings; legal opinions 

and attorney work papers; and 

information obtained from various law 

enforcement or prosecuting authorities 

relating to the enforcement of laws or 

regulations. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 114(d), 44901, 44903, 

44916, 46101, 46301. 

PURPOSE(S): 

The records are created in order to 

maintain an enforcement and 

inspections system for all modes of 

transportation for which TSA has 

security related duties and to maintain 

records related to the investigation or 

prosecution of violations or potential 

violations of Federal, State, local, or 

international criminal law. They may be 

used, generally, to identify, review, 

analyze, investigate, and prosecute 

violations or potential violations of 

transportation security laws, regulations 

and directives or other laws as well as 

to identify and address potential threats 

to transportation security. They may 

also be used to record the details of TSA 

security-related activity, such as 

passenger or property screening. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice (DOJ) 

(including 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 current or former employee of 

DHS in his/her official capacity, or 

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/TSA 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, 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 provide 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28045 

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 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, contract, 

grant, or other benefit. 

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

territorial, foreign, or international 

agency, if necessary to obtain 

information relevant to a DHS/TSA 

decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, license, contract, 

grant, or other benefit. 

L. To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international agreement. 

M. To third parties during the course 

of an investigation into any matter 

before DHS/TSA to the extent necessary 

to obtain information pertinent to the 

investigation. 

N. To airport operators, aircraft 

operators, and maritime and surface 

transportation operators, indirect air 

carriers, and other facility operators 

about individuals who are their 

employees, job applicants, or 

contractors, or persons to whom they 

issue identification credentials or grant 

clearances to secured areas in 

transportation facilities when relevant 

to such employment, application, 

contract, or the issuance of such 

credentials or clearances. 

O. To any agency or instrumentality 

charged under applicable law with the 

protection of the public health or safety 

under circumstances where the public 

health or safety is at risk. 

P. With respect to members of the 

armed forces who may have violated 

transportation security or safety 

requirements and laws, disclose the 

individual’s identifying information and 

details of their travel on the date of the 

incident in question to the appropriate 

branch of the armed forces to the extent 

necessary to determine whether the 

individual was performing official 

duties at the time of the incident. 

Members of the armed forces include 

active duty and reserve members, and 

members of the National Guard. This 

routine use is intended to permit TSA 

to determine whether the potential 

violation must be referred to the 

appropriate branch of the armed forces 

for action pursuant to 40 U.S.C. 

610101(b). 

Q. To the DOJ, U.S. Attorney’s Office, 

or other Federal agencies for further 

collection action on any delinquent debt 

when circumstances warrant. 

R. To a debt collection agency for the 

purpose of debt collection. 

S. To airport operators, aircraft 

operators, air carriers, maritime and 

surface transportation operators, 

indirect air carriers, or other facility 

operators when appropriate to address a 

threat or potential threat to 

transportation security or national 

security, or when required for 

administrative purposes related to the 

effective and efficient administration of 

transportation security laws. 

T. To a former employee of DHS, in 

accordance with applicable regulations, 

for purposes of responding to an official 

inquiry by a Federal, State, or local 

government entity or professional 

licensing authority; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Department requires 

information or consultation assistance 

from the former employee regarding a 

matter within that person’s former area 

of responsibility. 

U. To a court, magistrate, or 

administrative tribunal where a Federal 

agency is a party to the litigation or 

administrative proceeding in the course 

of presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings. 

V. To the public, on the TSA Web site 

at www.tsa.gov, final agency and 

Administrative Law Judge decisions in 

criminal enforcement and other 

administrative matters, except that 

personal information about individuals 

will be deleted if release of that 

information would constitute an 

unwarranted invasion of privacy, 

including but not limited to medical 

information. 

W. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

where there exists a legitimate public 

interest in the disclosure of the 

information, or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy or a risk to transportation or 

national security. 

X. To the appropriate Federal, State, 

local, tribal, territorial, foreign, or 

international agency responsible for 

investigating, prosecuting, enforcing, or 

implementing a statute, rule, regulation, 

order, license, or treaty, where DHS/ 

TSA determines that the information 

would assist in the enforcement of a 

civil or criminal law. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Pursuant to 5 U.S.C. 552a(b)(12), 

disclosures may be made from this 

system to consumer reporting agencies 

collecting on behalf of the United States 

Government. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on paper and 

in computer-accessible storage media. 

Records are also stored on microfiche 

and roll microfilm. 

RETRIEVABILITY: 

Records are retrieved by name, 

address, Social Security number, 

administrative action or legal 

enforcement numbers, or other assigned 

identifier of the individual on whom the 

records are maintained. 

SAFEGUARDS: 

Information in this system is 

safeguarded in accordance with 

applicable laws, rules and policies. All 

records are protected from unauthorized 

access through appropriate 

administrative, physical, and technical 

safeguards. These safeguards include 

restricting access to authorized 

personnel who also have a need-toknow; using locks, alarm devices, and 

passwords; and encrypting data 


jlentini on DSKJ8SOYB1PROD with NOTICES
28046 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

communications. Strict control 

measures are enforced to ensure that 

access to classified and/or sensitive 

information in these records is also 

based on ‘‘need to know.’’ Electronic 

access is limited by computer security 

measures that are strictly enforced. TSA 

file areas are locked after normal duty 

hours and the facilities are protected 

from the outside by security personnel. 

RETENTION AND DISPOSAL: 

National Archives and Records 

Administration approval is pending for 

the records in this system. Paper records 

and information stored on electronic 

storage media are maintained within 

TSA for five years and then forwarded 

to Federal Records Center. Records are 

destroyed after ten years. 

SYSTEM MANAGER AND ADDRESS: 

Information Systems Program 

Manager, Office of the Chief Counsel, 

TSA Headquarters, West Tower, 8th 

Floor, TSA–2, 601 S. 12th Street, 

Arlington, VA 22202–4220. 

NOTIFICATION PROCEDURE: 

To determine whether this system 

contains records relating to you, write to 

the System Manager identified above. 

RECORD ACCESS PROCEDURE: 

Same as ‘‘Notification Procedures’’ 

above. Provide your full name and a 

description of information that you 

seek, including the time frame during 

which the record(s) may have been 

generated. Individuals requesting access 

must comply with the Department of 

Homeland Security Privacy Act 

regulations on verification of identity 

(6 CFR 5.21(d)). 

CONTESTING RECORD PROCEDURES: 

Same as ‘‘Notification Procedure,’’ and 

‘‘Record Access Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information contained in this system 

is obtained from the alleged violator, 

TSA employees or contractors, 

witnesses to the alleged violation or 

events surrounding the alleged 

violation, other third parties who 

provided information regarding the 

alleged violation, State and local 

agencies, and other Federal agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of this system are exempt 

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

Portions of the system pertaining to 

investigations or prosecutions of 

violations of criminal law are exempt 

under 5 U.S.C. 552a(j)(2). These 

exemptions are reflected in the final 

rule published on August 4, 2006 in 71 

FR 44223. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–11917 Filed 5–18–10; 8:45 am] 

BILLING CODE 4410–62–P 

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 


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