### 44642 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices

conference bridge, contact Ms. Deirdre Gallop-Anderson by email at deirdre.gallop-anderson@dhs.gov by 5:00 p.m. on August 9, 2012.

To facilitate public participation, we are inviting public comment on the issues to be considered by the
committee as listed in the ‘‘Supplementary Information’’ section
below. Documents associated with the issues to be discussed during the
conference will be available at www.ncs.gov/nstac for review by August 10, 2012. Written comments must be received by the NSTAC Designated Federal Officer no later than August 30, 2012 and may be submitted by any one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting written

comments.

• Email: NSTAC@hq.dhs.gov. Include the docket number in the subject line of the email message.

• Fax: (703) 235–4981.

• Mail: Alternate Designated Federal Officer, National Communications System, National Protection and Programs Directorate, Department of Homeland Security, 245 Murray Lane, Mail Stop 0615, Arlington, VA 20598–

0615.

Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the docket
number for this action. Comments received will be posted without
alteration at www.regulations.gov

, including any personal information provided.

Docket: For access to the docket, including all documents and comments received by the NSTAC, go to www.regulations.gov

.

A public comment period will be held during the meeting on August 16, 2012, from 2:55 p.m. to 3:10 p.m. Speakers who wish to participate in the public comment period must register in advance no later than 5:00 p.m. on August 9, 2012, by emailing Deirdre Gallop-Anderson at deirdre.gallopanderson@dhs.gov. Speakers are requested to limit their comments to three minutes and will speak in order of registration as time permits. Please note that the public comment period may end before the time indicated, following
the last call for comments.

**FOR FURTHER INFORMATION CONTACT :**  Allen F. Woodhouse, NSTAC Alternate Designated Federal Officer, Department of Homeland Security, telephone (703)

235–4900.

**SUPPLEMENTARY INFORMATION :**  Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). The NSTAC advises
the President on matters related to national security and emergency preparedness telecommunications policy.

Agenda: The NSTAC members will receive an update on progress made to date by the Nationwide Public Safety Broadband Network (NPSBN) Research
Subcommittee. The NPSBN Research Subcommittee is focusing on what National Security Emergency Preparedness (NS/EP) policy changes should be considered in order to: (1) Facilitate priority access that may be required across the diverse community of potential NPSBN users, particularly during NS/EP situations; (2) support NPSBN access, interoperability, security, reliability, and resiliency; and (3) help ensure the deployment and
evolution of the NPSBN is in such a
manner that accounts for each state and local jurisdiction’s diverse capabilities, while helping to ensure scalability to
the national level.

Next, NSTAC members will discuss the findings of their review of the Department of Homeland Security’s (DHS) National Cybersecurity and Communications Integration Center (NCCIC). During the NSTAC meeting on May 15, 2012, the National Security
Staff asked the NSTAC to conduct a
review of the NCCIC to determine if it is operating in ways consistent with the NSTAC’s proposed Joint Collaboration
Center that the NSTAC envisioned in its 2009 Cybersecurity Collaboration Report.

The NSTAC, in coordination with
senior leaders from the White House and DHS, will also address potential NSTAC taskings such as the National Security Staff’s request for the NSTAC
to examine how commercial off-theshelf technologies and private sector best practices can be used to secure
unclassified communications between and among Federal civilian departments and agencies.

Additionally, there will be a discussion regarding whether further study is warranted of the NSTAC’s recommendation to develop a separate ‘‘out-of-band’’ data network supporting communications among carriers, Internet service providers, vendors, and
additional critical infrastructure owners and operators during a severe cyber
incident that renders the Internet
unusable.

Dated: July 23, 2012.
Michael Echols, Alternate Designated Federal Officer for the

NSTAC.

[FR Doc. 2012–18536 Filed 7–27–12; 8:45 am]

**BILLING CODE 9110–9P–P DEPARTMENT OF HOMELAND** 
**SECURITY**

**Office of the Secretary**

**[Docket No. DHS–2012–0045]**

**Privacy Act of 1974; Department of Homeland Security U.S. Customs and** 
**Border Protection-DHS/CBP–009 Electronic System for Travel**  **Authorization (ESTA) System of**

**Records**

**AGENCY :**  Privacy Office, Department of Homeland Security.

**ACTION :**  Notice of Privacy Act system of
records.

**SUMMARY :**  In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update and reissue a current DHS system of records titled, ‘‘Department of Homeland Security/U.S. Customs and
Border Protection-DHS/CBP–009 Electronic System for Travel Authorization (ESTA) System of Records.’’ This system collects and maintains a record of nonimmigrant aliens seeking to travel to the United States under the Visa Waiver Program. The system is used to determine whether the applicant is eligible to
travel to the United States under the Visa Waiver Program by vetting the application information against selected security and law enforcement databases using U.S. Customs and Border Protection (CBP) TECS and the Automated Targeting System (ATS). In addition, ATS retains a copy of ESTA application data to identify potential high-risk ESTA applicants. DHS/CBP is updating this system of records notice to clarify the categories of individuals and remove unnecessary language, add the
Internet Protocol address associated with the submitted ESTA application as a category of records, provide more specific legal authorities, clarify the purposes to include the identification of high-risk applicants, include an additional routine use for judicial proceedings and update and clarify other routine uses, clarify the retention
of records in ESTA and the Nonimmigrant Information System (DHS/CBP–016—Nonimmigrant Information System December 19, 2008 73 FR 77739), update the notification procedures to explain the extension of access procedures to international travelers, allow limited direct access and amendment of ESTA application data, and add the CPB access request address; eliminate unnecessary language from the record source categories, and clarify which exemptions will be used for which provisions of the Privacy Act.


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The Department of Homeland Security issued a Final Rule to exempt this system of records from certain provisions of the Privacy Act on August 31, 2009 (74 Fed. Reg. 45069). These regulations remain in effect. This updated system will be included in the DHS inventory of record systems.

**DATES :**  Submit comments on or before August 29, 2012. This revised system will be effective August 29, 2012.

**ADDRESSES :**  You may submit comments, identified by docket number DHS– 2012–0045 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, visit 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, 5 U.S.C. 552a, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) proposes to update and reissue an existing DHS system of records titled, ‘‘DHS/CBP–009 Electronic System for Travel Authorization (ESTA) System of
Records.’’

ESTA is a web-based system that DHS/CBP developed in 2008 to determine the eligibility of aliens to travel under the Visa Waiver Program (VWP) to the United States by air or sea. The authority to collect information required in an ESTA application may be found in Section 217(h)(3) of the Immigration and Nationality Act (INA), 8 U.S.C. 1187(h)(3). An eligibility determination under ESTA is made prior to a visitor boarding a carrier en route to the United States, and is accomplished by vetting the information against selected security and law enforcement databases using CBP TECS and the Automated Targeting System (ATS) to determine whether such travel poses a law enforcement or security risk. In addition, ATS retains a copy of ESTA application data to identify potential high-risk ESTA applicants. DHS/CBP previously issued an updated SORN for ESTA on November 2, 2011 (76 FR 67751).

In order to determine whether the applicant is eligible to travel to the United States under the VWP, an applicant provides biographic and other requested information, as well as payment information, using the online application process available at https:// esta.cbp.dhs.gov. CBP vets applicant information against various security and law enforcement databases. Payment information is sent to the Department of the Treasury’s Pay.gov, and CBP a payment status and tracking number in return. CBP is updating the category of records in this system of records to now include the Internet Protocol address (IP address) associated with the submitted ESTA application. As of the effective date of this updated SORN, the IP address will be used as part of the DHS/ CBP vetting process. A copy of the application data, including the IP address, will be sent to the ATS in order to identify possible high risk applicants as part of the vetting process.

DHS/CBP is updating this system of records notice to clarify the categories of individuals and remove unnecessary language. DHS/CBP is updating the categories of records for this system of records notice to permit the collection
and use of the IP address associated with an ESTA application. DHS/CBP is also providing more specific legal authorities to collect ESTA information, and clarifying the purposes to include the identification of high-risk applicants.

The routine uses are being updated to add general language ensuring that ‘‘[a]ny disclosure of information must be
made consistent with the official duties of the person making the disclosure.’’ Routine uses A, D, E, and J are being reworded to provide greater clarity and make non-substantive grammatical changes. Routine use C is being updated to change ‘‘other federal government agencies’’ to ‘‘General Services
Administration’’ to better reflect the statutory authorities and the fact that
records will be shared with the National
Archives and Records Administration (NARA) where NARA maintains the records as permanent records. Routine uses G, K, and M are being reworded to provide greater clarity and remove the now superfluous condition that the ‘‘disclosure is appropriate to the proper performance of the official duties of the person making the disclosure.’’ Finally, a new routine use P is being inserted to permit DHS to share this information with a court, magistrate, or
administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement negotiations, in response to a subpoena,
or in connection with criminal law proceedings.

DHS/CBP is also updating this SORN by clarifying the retention of records in ESTA and the Non-Immigrant Information System (NIIS) into which ESTA data may be incorporated based on actual travel to the United States; updating and clarifying the notification procedures to explain the extension of access procedures to international travelers, allow limited direct access and amendment of ESTA application data, and add the CPB access request address; eliminating unnecessary language from the record source categories describing the use of payment information between ESTA, Pay.gov,
and the CBP Credit and Debit Card Data System for payment reconciliation purposes; and clarifying that the Department is exempting the system from sections (c)(3), (e)(8), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), and is exempting the system from (c)(3) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

DHS previously published a Final Rule exempting this system of records from certain provisions of the Privacy Act. 74 FR 45069 (Aug. 31, 2009). That
Final Rule remains in effect and applicable to this updated system.

The purpose of this system of records is to determine the eligibility of aliens
to travel under the VWP to the United States by air or sea. DHS/CBP has authority to operate this system under Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201, et. seq., and Section 217(h)(3) of the Immigration and Nationality Act, 8 U.S.C. 1187(h)(3).

Consistent with DHS’ information sharing mission, information stored in ESTA may be shared with other DHS components, as well as appropriate federal, state, local, tribal, territorial, 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 exceptions under


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the Privacy Act of 1974, 5 U.S.C. 552a(b), and the routine uses set forth in this system of records notice.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which the federal 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. This system only collects information pertaining to persons in nonimmigrant status, that is, persons who are not covered by the protections of the Privacy Act at the time they provide their information. However, given the importance of providing privacy protections to international travelers, DHS has decided to administratively apply the privacy protections and safeguards outlined in
this notice to all international travelers subject to ESTA.

This newly-updated system will be included in the Department of Homeland Security’s inventory of record systems.

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**

Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)—009

**SYSTEM NAME :** 

DHS/CBP–009 Electronic System for Travel Authorization (ESTA)

**SECURITY CLASSIFICATION :** 

Unclassified. The data may be
retained on the classified networks but this does not change the nature and
character of the data until it is combined
with classified information.

**SYSTEM LOCATION :** 

Records are maintained in the operational system at CBP Headquarters in Washington, DC and at CBP field offices. Records are replicated from the operational system and maintained on
the DHS unclassified and classified
networks. **CATEGORIES OF INDIVIDUALS COVERED BY THE**

**SYSTEM :** 

Categories of individuals covered by this system include foreign nationals who seek to enter the United States by
air or sea under the VWP.

**CATEGORIES OF RECORDS IN THE SYSTEM :** 

• Full Name (First, Middle, and Last);

• Date of birth;

• Gender;

• Email address;

• Phone number;

• Travel document type (e.g., passport), number, issuance date, expiration date and issuing country;

• Country of Citizenship;

• IP address;

• ESTA application number;

• Department of Treasury Pay.gov Payment Tracking Number (i.e., confirmation of payment; absence of payment confirmation will result in a ‘‘not cleared’’ determination);

• Country of Birth;

• Date of Anticipated Crossing;

• Airline and Flight Number;

• City of Embarkation;

• Address while visiting the United States (Number, Street, City, State);

• Whether the individual has a communicable disease, physical or mental disorder, or is a drug abuser or addict;

• Whether the individual has been
arrested or convicted for a moral turpitude crime, drug possession or use, or has been sentenced for a period longer than five years;

• Whether the individual has engaged in espionage, sabotage, terrorism or Nazi activity between 1933 and 1945;

• Whether the individual is seeking work in the U.S.;

• Whether the individual has been excluded or deported, or attempted to obtain a visa or enter U.S. by fraud or misrepresentation;

• Whether the individual has ever detained, retained, or withheld custody of a child from a U.S. citizen granted custody of the child;

• Whether the individual has ever been denied a U.S. visa or entry into the U.S., or had a visa cancelled, and, if so,
the location and date of that denial or cancellation;

• Whether the individual has ever asserted immunity from prosecution;

• Any change of address while in the

U.S.

**AUTHORITY FOR MAINTENANCE OF THE SYSTEM :** 

Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 et seq.; the INA, as amended, including 8 U.S.C. 1187(a)(11) and (h)(3), and implementing regulations contained in Part 217, title 8, Code of Federal Regulations; and the Travel Promotion Act of 2009, Public Law 111–145, 22

U.S.C. 2131.

**PURPOSE (** **S ):** 

The purpose of this system is to
collect and maintain a record of nonimmigrant aliens who want to travel to the United States under the VWP, and to determine whether applicants are eligible to travel to the United States under the VWP by vetting their information against various security and
law enforcement databases and identifying high-risk applicants. This vetting includes consideration of IP address, along with the other application data.

The Department of Treasury Pay.gov tracking number (associated with the payment information provided to Pay.gov and stored in the Credit/Debit Card Data System, DHS/CBP–003— Credit/Debit Card Data System (CDCDS), 76 Fed. Reg. 67755 (November 2, 2011)) will be used to process ESTA and third party administrator fees and to reconcile issues regarding payment between ESTA, CDCDS, and Pay.gov. Payment information will not be used for vetting purposes and is stored in a separate system (CDCDS) from the ESTA application data.

DHS maintains a replica of some or all of the data in the operating system on
the unclassified and classified DHS networks to allow for analysis and vetting consistent with the above stated purposes and this published notice.

**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). Any
disclosure of information must be made
consistent with the official duties of the person making the disclosure. The
routine uses are as follows:

A. To the Department of Justice (DOJ), including the United States Attorney Offices, or other federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is relevant or 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


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4. The United States or any agency
thereof.

B. To a congressional office from the record of an individual in response to a written inquiry from that congressional office made pursuant to a Privacy Act
waiver from the individual to whom the record pertains.

C. To NARA or the General Services Administration pursuant to records management inspections being conducted under the authority of 44
U.S.C. 2904 and 2906 and for records that NARA maintains as permanent
records.

D. To an agency or organization 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 individuals 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 law enforcement agency 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. H. To appropriate federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations for the purpose of protecting the vital health interests of a data subject or other persons (e.g., to assist such agencies or organizations in preventing exposure to or transmission of a communicable or quarantinable disease or to combat other significant public health threats; appropriate notice will be provided of any identified health threat or risk);

I. To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation;

J. To a federal, state, tribal, local, international, or foreign government agency or entity for the purpose of consulting with that agency or entity: (1) To assist in making a determination regarding redress for an individual in connection with the operations of a DHS component or program; (2) for the purpose of verifying the identity of an individual seeking redress in connection with the operations of a DHS component or program; or (3) for the purpose of verifying the accuracy of information submitted by an individual who has requested such redress on behalf of another individual;

K. To federal and foreign government intelligence or counterterrorism agencies or components where DHS
becomes aware of an indication of a threat or potential threat to national or international security to assist in countering such threat, or to assist in anti-terrorism efforts;

L. To the Department of State in the processing of petitions or applications for benefits under the Immigration and Nationality Act, and all other immigration and nationality laws including treaties and reciprocal agreements;

M. To an organization or individual in either the public or private sector, either foreign or domestic, where there is a reason to believe that the recipient is or could become the target of a particular terrorist activity or conspiracy, to the
extent the information is relevant to the protection of life or property;

N. To the carrier transporting an individual to the United States, but only to the extent that CBP provides
information that the ESTA status is not applicable to the traveler, or, if applicable, that the individual is authorized to travel, not authorized to travel, pending, or has not applied.

O. To the Department of Treasury’s Pay.gov, for payment processing and payment reconciliation purposes. P. To a court, magistrate, or
administrative tribunal 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 response to a subpoena, or in connection with criminal law proceedings;

Q. 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 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.

**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 are stored electronically in the operational system
as well as on the unclassified and classified network or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on magnetic disc, tape, digital media, and

CD–ROM.

**RETRIEVABILITY :** 

These records may be retrieved by any of the data elements supplied by the applicant. The Pay.gov payment tracking number may be used to track the amount of payment associated with an ESTA application and to reconcile payment discrepancies.

**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 stored. Access to the computer system containing the records
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.


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**RETENTION AND DISPOSAL :** 

Application information submitted to ESTA generally expires and is deemed ‘‘inactive’’ two years after the initial submission of information by the applicant. In the event that a traveler’s passport remains valid for less than two years from the date of the ESTA approval, the ESTA travel authorization will expire concurrently with the passport. Information in ESTA will be retained for one year after the ESTA travel authorization expires. After this period, the inactive account information will be purged from online access and archived for 12 years. Data linked at any time during the 15-year retention period (generally 3 years active, 12 years archived), to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases, including ESTA applications that are denied authorization to travel, will remain
accessible for the life of the law enforcement activities to which they may become related. NARA guidelines for retention and archiving of data will apply to ESTA and CBP continues to negotiate with NARA for approval of the ESTA data retention and archiving plan. Records replicated on the unclassified
and classified networks will follow the
same retention schedule.

Payment information is not stored in ESTA, but is forwarded to Pay.gov and stored in CBP’s financial processing system, CDCDS, pursuant to the DHS/ CBP–018, CDCDS system of records

notice.

In those instances where a VWP
traveler’s ESTA data is used for purposes of processing their application for admission to the United States, the
ESTA data will be used to create a corresponding admission record in the DHS/CBP–016 Non-Immigrant Information System (NIIS). This corresponding admission record will
retained in accordance with the NIIS retention schedule, which is 75 years.

**SYSTEM MANAGER AND ADDRESS :** 

Director, Office of Automated Systems, U.S. Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington,

DC 20229.

**NOTIFICATION PROCEDURE :** 

This system only collects information pertaining to persons in nonimmigrant status, that is, persons who are not covered by the protections of the Privacy Act at the time they provide their information. However, given the importance of providing privacy protections to international travelers, DHS has decided to administratively apply the privacy protections and safeguards outlined in this notice to all international travelers subject to ESTA.

Applicants may access their ESTA
information to view and amend their applications by providing their ESTA number, birth date, and passport number. Once they have provided their ESTA number, birth date, and passport number, applicants may view their ESTA status (authorized to travel, not authorized to travel, pending) and submit limited updates to their travel itinerary information. If an applicant does not know his/her application number, he/she can provide his or her name, passport number, date of birth, and passport issuing country to retrieve his/her application number.

In addition to using the ESTA system directly to access information provided to DHS/CBP, individuals may submit requests and receive information maintained in this system as it relates to data submitted by or on behalf of a person who travels to the United States and crosses the border, as well as the resulting determination (authorized to travel, pending, or not authorized to travel). However, the Secretary of Homeland Security has exempted portions of this system from certain provisions of the Privacy Act related to providing the accounting of disclosures to individuals, because it is a law enforcement system. CBP will, however, consider individual requests to
determine whether or not information may be released. In processing requests for access to information in this system, CBP will review not only the records in the operational system but also the records that were replicated on the unclassified and classified networks, and based on this notice provide appropriate access to the information.

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 Headquarters or component 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. Requests under the Privacy Act and FOIA specifically for CBP should be
addressed to: U.S. Customs and Border Protection (CBP), Freedom of Information Act (FOIA) Division, 1300 Pennsylvania Avenue NW., Washington,

DC 20229.

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:

• Explain 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 the above 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 :** 

The system obtains information from the online ESTA application submitted by the applicant. This information is processed by the Automated Targeting System (ATS) to identify terrorists or threats to aviation and border security, and TECS (for matches to persons
identified to be of law enforcement interest), and the vetting result of ‘‘authorized to travel,’’ ‘‘not authorized to travel,’’ or ‘‘pending’’ is maintained in ESTA. ‘‘Pending’’ will be resolved to
‘‘authorized to travel’’ or ‘‘not
authorized to travel’’ based on further research by CBP. Pay.gov provides the Pay.gov tracking number once payment


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information has been forwarded to it and processed.

**EXEMPTIONS CLAIMED FOR THE SYSTEM :** 

No exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels to
visit the United States and crosses the border, nor shall an exemption be asserted with respect to the resulting determination (authorized to travel, pending, or not authorized to travel). Information in the system may be
shared with law enforcement and/or intelligence agencies pursuant to the above routine uses. The Privacy Act requires DHS to maintain an accounting of the disclosures made pursuant to all routines uses. Disclosing the fact that a law enforcement or intelligence agency has sought and been provided particular records may affect ongoing law enforcement activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim exemption from Sections (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is necessary and appropriate to protect this information. Further, DHS will claim exemption from Section (c)(3) of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to protect this information.

Dated: July 18, 2012. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2012–18552 Filed 7–27–12; 8:45 am]

**BILLING CODE 9110–06–P**

**DEPARTMENT OF HOMELAND**
**SECURITY**

**Federal Emergency Management Agency** 

**[Docket ID: FEMA–2012–0024; OMB Number 1660–0108]** 

**Agency Information Collection Activities: Proposed Collection;**  **Comment Request, National Emergency Family Registry and**  **Locator System (NEFRLS)**

**AGENCY :**  Federal Emergency Management Agency, DHS.

**ACTION :**  Notice.

**SUMMARY :**  The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the FEMA National Emergency Family Registry and Locator System (NEFRLS), which allows adults that have been displaced by a Presidentially-declared disaster or emergency to reunify with their
families.

**DATES :**  Comments must be submitted on or before September 28, 2012.

**ADDRESSES :**  To avoid duplicate submissions to the docket, please use only one of the following means to
submit comments:

(1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA–2012–0024. Follow the instructions for submitting comments.

(2) Mail. Submit written comments to Docket Manager, Office of Chief Counsel, DHS/FEMA, 500 C Street SW., Room 835, Washington, DC 20472–

3100.

(3) Facsimile. Submit comments to (703) 483–2999.

All submissions received must include the agency name and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available via
the link in the footer of www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Earnest Poindexter, Information Technology Specialist, Recovery Directorate, Individual Assistance Division, (202) 212–4883. You may contact the Records Management Division for copies of the proposed
collection of information at facsimile number (202) 646–3347 or email
address: FEMA-InformationCollections-Management @dhs.gov.

**SUPPLEMENTARY INFORMATION :**  The PostKatrina Emergency Management Reform Act of 2006, in Title VI of the DHS Appropriations Act of 2007 (the Post Katrina Reform Act), Public Law 109– 295, Section 689c, 120 Stat. 1355 at 1451 is the legal basis for FEMA to provide a National Emergency Family Registry and Locator System (NEFRLS). NEFRLS allows adults (including medical patients), that have been displaced by a Presidentially-declared major disaster or emergency, to voluntarily register by submitting personal information to be entered into a database that could be used by others to help reunify them with their families. Children who are traveling with theirfamilies during a Presidentiallydeclared major disaster or emergency
can be listed in NEFRLS. NEFRLS allows a registrant to designate up to
7 individuals who are authorized to search for and access the registrant’s information in the system. The ability to list children within NEFRLS is only to indicate which family members are together and safe.

Collection of Information

Title: National Emergency Family Registry and Locator System.

Type of Information Collection: Revision of a currently approved
information collection.

OMB Number: 1660–0108. Form Titles and Numbers: None.
Abstract: NEFRLS is a Web-based database enabling FEMA to provide a nationally available and recognized database allowing adults (including medical patients) that have been displaced by a Presidentially-declared major disaster or emergency to voluntarily register via the Internet or a
toll-free number. This database will then allow designated individuals to search for displaced friends, family, and
household members.

Affected Public: Individuals and
households.

Number of Respondents: 56,000. Number of Responses: NEFRLS Teleregistration: 42,000; NEFRLS Internet Registration: 14,000.

Estimated Total Annual Burden

Hours: 4,600 hours.

Estimated Cost: There are no annual record keeping, capital, startup, nor
maintenance costs associated with this
information collection.

Comments

Comments may be submitted as
indicated in the **ADDRESSES** caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including
whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,