Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices 3015 

ESTIMATED ANNUAL REPORTING REQUIREMENT BURDEN FOR OPIOID TREATMENT PROGRAMS—Continued 

42 CFR citation Purpose Number of 

espondents 

Responses/ 

respondent 

Total 

responses 

Hours/ 

response 

Total 

hours 

Total .................................. ......................................................... 1,829 .................... 26,001 ................ 2,263.15 

Send comments to Summer King, 

SAMHSA Reports Clearance Officer, 

Room 2–1057, One Choke Cherry Road, 

Rockville, MD 20857 or email her a 

copy at summer.king@samhsa.hhs.gov. 

Written comments should be received 

by March 18, 2013. 

Summer King, 

Statistician. 

[FR Doc. 2013–00585 Filed 1–14–13; 8:45 am] 

BILLING CODE 4162–20–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0034] 

Privacy Act of 1974; U.S. Customs and 

Border Protection; DHS/CBP–004– 

Intellectual Property Rights eRecordation and Search Systems, 

System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security, U.S. Customs and 

Border Protection proposes to establish 

a new system of records titled, ‘‘U.S. 

Customs and Border Protection, DHS/ 

CBP–004–Intellectual Property Rights eRecordation and Search Systems System 

of Records.’’ This system of records 

allows the Department and CBP to 

collect and maintain records on 

copyrights, trademarks, and trade names 

that the respective owners have applied 

to have recorded with CBP. In addition, 

the Department is issuing a Notice of 

Proposed Rulemaking elsewhere in the 

Federal Register to exempt this system 

of records from certain provisions of the 

Privacy Act. This newly established 

system will be included in the 

Department’s inventory of record 

systems. 

DATES: Submit comments on or before 

February 14, 2013. This new system will 

be effective February 14, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–034 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Jonathan R. Cantor, Acting 

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/Regulations and 

Rulings, U.S. Customs and Border 

Protection, Mint Annex, 799 9th Street 

NW., Washington, DC 20229–1177. For 

privacy issues, please contact: Jonathan 

R. Cantor, 202–343–1717, Acting 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 

establish a new DHS system of records 

titled, ‘‘DHS/CBP–004–Intellectual 

Property Rights e-Recordation and 

Search Systems System of Records.’’ 

The Intellectual Property Rights eRecordation and Search Systems 

(IPRRSS) collect, use, and maintain 

records related to intellectual property 

rights recordations and their owners. 

The purpose of IPRRSS is to aid in the 

enforcement of intellectual property 

rights by making intellectual property 

recordations available to the public and 

to CBP officials. 

IPRRSS collectively encompasses 

three separate systems. The first system 

is the online Intellectual Property Rights 

e-Recordation (IPRR) system, which 

allows intellectual property owners to 

submit applications for trademark and 

copyright recordations. The IPRR 

system shares information with the 

public Intellectual Property Rights 

Search (IPRS) system and the CBP 

Intellectual Property Rights Internal 

Search (IPRiS) system. Because CBP 

may collect personally identifiable 

information (PII) about intellectual 

property rights holders, their agents, or 

their licensees in IPRR, IPRS, and IPRiS 

(collectively IPRRSS), CBP is providing 

the public notice about how CBP 

collects, uses, and maintains records 

related to intellectual property rights 

recordations. 

The authority for this system derives 

from Section 42 of the Lanham Act 

(Trademark Act of 1946), as amended, 

15 U.S.C. 1124; Sections 101 and 602 

through 603 of the Copyright Act of 

1976, as amended, 17 U.S.C. 101, 602– 

603; and Sections 526, 595a, and 624 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1526, 1595a, and 1624. The cited 

sections provide that intellectual 

property rights owners may submit 

information to CBP to enable CBP 

officials to identify infringing articles at 

the borders and prevent the importation 

of counterfeit or pirated merchandise. 

Owners seeking to have merchandise 

excluded from entry must provide proof 

to CBP of the validity of the intellectual 

property rights they seek to protect. 

Pursuant to the Independent Offices 

Appropriations Act of 1952, 31 U.S.C. 

9701, and regulations at 19 CFR 133.3, 

133.13, and 133.33, intellectual property 

rights owners or their agents must pay 

a fee when they apply for the 

recordation with CBP of their 

trademark, trade name, or copyright. 

Through IPRR’s web-based interface, the 

user will be prompted through several 

steps that capture the user’s required 

application information. Once the 

applicant has entered all required 

application information, IPRR will 

guide the applicant through a series of 

prompts seeking his/her billing name, 

billing address, and credit card 

information. IPRR forwards this 

payment information to Pay.gov for 

payment processing, and the applicant 

name and an IPRR tracking number to 

the DHS/CBP–003 Credit/Debit Card 

Data System (CDCDS) System of 

Records for payment reconciliation. 

Pay.gov sends a nightly activity file, 

including the last four digits of the 

credit card, authorization number, 

billing name, billing address, IPRR 


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tracking number, and Pay.gov tracking 

numbers to CDCDS. Pay.gov also sends 

a daily batch file with the necessary 

payment information to a commercial 

bank for settlement processing. After 

processing, the commercial bank sends 

a settlement file, including the full 

credit card number, authorization 

number, card type, transaction date, 

amount, and IPRR tracking number to 

CDCDS. Once IPRR receives 

confirmation from Pay.gov that the 

payment has been processed 

successfully, IPRR will retain the 

Pay.gov tracking number for payment 

reconciliation purposes in accordance 

with the CDCDS system of records 

retention schedule. 

When an applicant enters the 

registration number of a copyright or 

trademark he or she would like to 

record with CBP, the IPRR system must 

receive a positive match response from 

the U.S. Patent and Trademark Office 

(USPTO) and U.S. Copyright Office Web 

sites in order for the application to 

proceed. Only the registration number is 

shared with the USPTO and U.S. 

Copyright Office Web sites. If the 

registration number entered in IPRR 

does not match an entry in either of 

these Web sites, the applicant cannot 

record their trademark or copyright with 

CBP. Once a positive match response is 

received from these systems, certain 

fields in the application are 

automatically populated with public 

data taken directly from the U.S. 

Copyright Office or USPTO Web sites. 

All of the information copied from the 

U.S. Copyright Office or U.S. Patent and 

Trademark Office Web sites is publicly 

available at www.uspto.gov and 

www.copyright.gov. 

The public may search for trademark, 

trade name, and copyright information 

in IPRS, the public facing portion of this 

system of records. The IPRS database 

collects and retains only a portion of the 

information entered by the right holder 

in IPRR, such as the name, address, and 

phone number of the right holder or 

representative, along with a text 

description of the recorded trademark or 

copyright. This information allows 

retailers, consumers, and other 

businesses to contact the right owner to 

ensure that they are not obtaining goods 

that infringe on the owner’s intellectual 

property rights. 

CBP and U.S. Immigration and 

Customs Enforcement (ICE) officials 

have access to IPRiS to assist in the 

enforcement of intellectual property 

rights. IPRiS provides a central 

searchable database of all trademark, 

trade name, and copyright recordation 

information. IPRiS contains the same 

information as IPRS, but with additional 

fields containing confidential 

information submitted by the right 

holder, including the names of entities 

who have used the trademark or 

copyright, the country of manufacture of 

merchandise, images of the recorded 

trademark or copyright, lists of 

licensees, and any additional 

information relating to enforcement of 

the intellectual property right. Only CBP 

and ICE officials may search IPRiS. 

Only a few users within CBP have 

access to an administrative interface to 

process IPRR recordations. Those 

authorized CBP users with 

administrative access process the 

renewals of existing trademark and 

copyright recordations, trade name 

recordations, and information about 

ownership changes or cancellations. 

Consistent with DHS’ informationsharing mission, information stored in 

the DHS/CBP–004–Intellectual Property 

Rights e-Recordation and Intellectual 

Property Rights Search Systems may be 

shared with other DHS components 

with a need to know the information. In 

addition these records may be shared 

with appropriate federal, state, local, 

tribal, territorial, foreign, or 

international government agencies so 

long as the recipient has a need to know 

the information to carry out functions 

consistent with the routine uses set 

forth in this system of records notice 

(SORN). 

In addition, DHS is issuing a Notice 

of Proposed Rulemaking elsewhere in 

the Federal Register to exempt certain 

portions of this system of records from 

specific provisions of the Privacy Act. 

DHS is not exempting any data in 

IPRRSS regarding an individual’s 

application for recordation of his or her 

trademark, trade name, or copyright. 

This system of records may contain 

records or information pertaining to the 

accounting of disclosures made from 

IPRRSS to other national security, law 

enforcement, or intelligence agencies 

(federal, state, local, foreign, 

international or tribal) in accordance 

with the published routine uses or 

statutory basis for disclosure under 5 

U.S.C. 552a(b). For the accounting of 

these disclosures only, in accordance 

with 5 U.S.C. 552a(j)(2), DHS will claim 

exemptions for these records or 

information. In addition, the system 

may contain records or information 

pertaining to individuals who may have 

used an intellectual property right 

without the owner’s authorization. For 

information or records pertaining to the 

unauthorized use of intellectual 

property rights, in accordance with 5 

U.S.C. 552a(k)(2), DHS will claim 

exemptions for these records or 

information. 

This newly established system of 

records will be included in DHS’s 

inventory of record systems. 

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 personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

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 U.S. citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all persons, 

regardless of citizenship, where systems 

of records maintain information on U.S. 

citizens, lawful permanent residents, 

and visitors. 

Below is the description of the DHS/ 

CBP–004–Intellectual Property Rights eRecordation and Search Systems, 

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/CBP–004 

SYSTEM NAME: 

U.S. Customs and Border Protection, 

Intellectual Property Rights eRecordation and Search Systems 

(IPRRSS). 

SECURITY CLASSIFICATION: 

Unclassified, sensitive. 

SYSTEM LOCATION: 

Records are maintained at the U.S. 

Customs and Border Protection 

Headquarters in Washington, DC and 

field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The individuals included in the 

system include the owners of the 

trademark, trade name, or copyright; 

former owners of the trademark, trade 

name, or copyright; agents or 

representatives applying on behalf of 

the intellectual property right owners; 

contact persons; individuals authorized 

to use the trademark, trade name, or 

copyright; and other individuals who 


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are alleged to have infringed on the 

trademark, trade name, or copyright. For 

trade names, the system may include 

individuals who are not associated with 

or related to the trade name applicant, 

but who have actual knowledge and 

state that the applicant used the trade 

name, that the applicant is the only one 

who may use the trade name, and that 

the trade name is not identical or 

confusingly similar to another 

trademark or trade name used in 

connection with the same class or kind 

of merchandise. See 19 CFR 133.13. For 

copyrights, the names of the performers 

in the copyrighted work may be 

included. The photographs may include 

an individual modeling the trademark 

or copyrighted work, or an individual 

depicted in the copyrighted work. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The categories of records in the 

system include, but are not limited to: 

• Full name (first, middle, and last). 

• Address (country, city, state and zip 

code). 

• Telephone number. 

• Fax number. 

• Email address. 

• Citizenship. 

• Relationship to trademark, 

copyright, or trade name owner. 

• USPTO or U.S. Copyright Office 

registration number. 

• Description of registered trademark 

or registered copyright. 

• Date of issuance of trademark or 

copyright registration. 

• Country of manufacture of goods 

bearing the genuine trademark, or 

genuine copies or phonorecords of the 

protected work. 

• Names of all parties authorized to 

use the trademark, trade name, or 

copyright, and the nature of the 

relationship to the owner. 

• Names of any parties, foreign or 

domestic, who use or claim the 

trademark, trade name, or copyright, 

and a description of those uses or 

claims. 

• Filing date of trademark 

registration. 

• If the trademark being registered is 

a standard character mark. 

• Date of expiration of the USPTO 

registration. 

• Supplemental information 

concerning the trademark (e.g., type of 

mark or design code category). 

• International class of goods covered 

by the USPTO registration and the 

specific products entitled to protection. 

• Title of copyrighted work. 

• Foreign title of the copyrighted 

work. 

• IPRR tracking number. 

• Pay.gov payment tracking number. 

• Up to five digital images of the 

protected mark or copyrighted work. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The authority for this system derives 

from section 42 of the Lanham Act 

(Trademark Act of 1946), as amended, 

15 U.S.C. 1124; sections 101 and 602 

through 603 of the Copyright Act of 

1976, as amended, 17 U.S.C. 101, 602– 

603; and sections 526, 595a, and 624 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1526, 1595a, and 1624; the 

Independent Offices Appropriations 

Act, 1952, 31 U.S.C. 9701; and 

regulations at 19 CFR 133.3, 133.13, and 

133.33. 

PURPOSE(S): 

The purpose of this system is to 

collect and maintain information on 

valid trademarks, trade names, and 

copyrights, to enable CBP officials to 

identify at the border merchandise that 

infringes on registered trademarks, 

registered copyrights, or trade names. 

IPRRSS collection encompasses three 

separate systems. The Intellectual 

Property Rights e-Recordation (IPRR) 

system allows intellectual property 

owners to submit applications for 

trademark and copyright recordations. 

The IPRR system shares information 

with two other CBP intellectual 

property search systems: The public 

Intellectual Property Rights Search 

(IPRS) system, and the Intellectual 

Property Rights Internal Search (IPRiS) 

system. IPRS provides a web-based 

search engine for the public to research 

trademark, trade name, and copyright 

recordations. IPRiS is used to assist CBP 

and Immigration and Customs 

Enforcement (ICE) in enforcing 

copyrights, trademarks, and trade 

names. 

The Pay.gov tracking number 

(associated with the payment 

information provided to Pay.gov and 

stored in DHS/CBP–003 Credit/Debit 

Card Data System (CDCDS)) will be used 

to process application fees and to 

reconcile issues regarding payment 

between CDCDS and Pay.gov. Payment 

information, such as credit card 

numbers or account information, will 

not be used for determining recordation 

in IPRS or IPRiS, and is stored in a 

separate system (CDCDS) from the IPRR 

application data. 

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 U.S. Attorney Offices, or other 

federal agency conducting litigation or 

in proceedings before any court, 

adjudicative or administrative body, 

when it is necessary or relevant to the 

litigation and one of the following is a 

party to the litigation or has an interest 

in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made pursuant to a written Privacy Act 

waiver at the request of the individual 

to whom the record pertains. 

C. To the National Archives and 

Records Administration (NARA) or 

General Services Administration 

pursuant to records management 

inspections being conducted under the 

authority of 44 U.S.C. 2904 and 2906. 

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 


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3018 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices 

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 appropriate federal, state, tribal, 

local, or foreign governmental agencies 

or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, or license, where CBP 

believes the information would assist 

enforcement of applicable civil or 

criminal laws. 

H. To the U.S. Copyright Office or 

U.S. Patent and Trademark Office, to 

confirm that the applicant has a 

registered copyright or a registered 

trademark. 

I. To Pay.gov, for payment processing 

and payment reconciliation purposes. 

J. To members of the public, through 

IPRS, a portion of the intellectual 

property rights information, such as the 

name, address, and phone number of 

the intellectual property right owner 

and the owner’s representative; and a 

description of the recorded trademark, 

trade name, or copyright. The 

intellectual property right owner 

consents to disclosing this portion of 

information in IPRS upon application 

for recordation, and the public 

information in IPRS does not include 

trade secrets, business proprietary 

information, or information about 

enforcement. 

K. 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 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: 

Authorized CBP officials may retrieve 

information in IPRiS by the data 

elements supplied by the applicant. The 

public may search the non-confidential 

records in IPRS by keyword and 

Boolean operators, and may limit the 

search by title, product, description, 

owner, contact name, firm name, 

recordation number, or agency 

registration number; the public may also 

filter the search by trademarks, 

copyrights, trade names, exclusion 

orders, or whether the recordation has 

expired. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RETENTION AND DISPOSAL: 

CBP will retain expired recordations, 

which have not been renewed, for seven 

years after the date of expiration. NARA 

guidelines for retention and archiving of 

data will apply to IPRR, IPRS, and 

IPRiS; CBP is in negotiation with NARA 

for approval of the IPRRSS data 

retention and archiving plan. 

Payment information is not stored in 

IPRR, IPRiS or IPRS, but is forwarded to 

Pay.gov and stored in CBP’s financial 

processing system, CDCDS, pursuant to 

the DHS/CBP–003, CDCDS system of 

records notice. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of Automated 

Systems, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue 

NW., Washington, DC 20229. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted portions of this system of 

records from the notification, access, 

and amendment procedures of the 

Privacy Act because the records may be 

used for law enforcement purposes. No 

exemption shall be asserted with respect 

to information maintained in the 

systems as it relates to data submitted 

by or on behalf of the owner of the 

trademark, trade name, or copyright, 

except with respect to information about 

individuals who are alleged to have 

infringed on the trademark, trade name, 

or copyright. DHS/CBP will consider 

individual requests to determine 

whether or not information may be 

released. Thus, 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 CBP 

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: 

• 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; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records. 

If your request seeks records 

pertaining to another living individual, 

you must also include a statement from 

that individual certifying his/her 

agreement for you to access his/her 

records. Without the information 

specified above, 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. 


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CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are obtained primarily from 

the individual submitting the 

application for recordation of the 

trademark, trade name, or copyright. If 

the applicant provides a registered 

trademark number, the USPTO Web site 

will provide automatically 

supplemental information concerning 

the trademark, the USPTO registration 

number, the international class of goods 

covered by the registration and the 

specific products entitled to protection, 

the date the owner filed the registration 

application, and the date it issued the 

trademark registration. If the applicant 

provides a registered copyright, the U.S. 

Copyright Office Web site will provide 

automatically the title of the 

copyrighted work, the U.S. Copyright 

Office registration number, the date it 

issued the copyright registration, and 

the name of the copyright owner. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

CBP will not assert any exemptions 

with respect to information in the 

systems submitted by the intellectual 

property right owner or the owner’s 

representative, except with respect to 

information about individuals who are 

alleged to have infringed on the 

trademark, trade name, or copyright. 

Information in the system pertaining to 

persons alleged to have infringed on an 

intellectual property right may be 

shared with national security, law 

enforcement, 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 national security, law 

enforcement or intelligence agencies 

have sought particular records may 

affect ongoing national security, law 

enforcement, or intelligence activity. As 

such, pursuant to 5 U.S.C. 552a(j)(2), 

DHS will claim exemption from 

subsections (c)(3), (e)(8), and (g) of the 

Privacy Act of 1974, as amended, as 

necessary and appropriate to protect 

this information. In addition, because 

the system may contain information or 

records about the unauthorized use of 

intellectual property rights and 

disclosure of that information could 

impede law enforcement investigations, 

DHS will claim, pursuant to 5 U.S.C. 

552a(k)(2), exemption from subsections 

(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I), and (f) of the Privacy Act of 

1974, as necessary and appropriate to 

protect this information. 

Dated: December 12, 2012. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–00603 Filed 1–14–13; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0025] 

Privacy Act of 1974; Science & 

Technology Directorate–001 Research, 

Development, Test, and Evaluation 

Records System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/Science and Technology 

Directorate–001 Research, Development, 

Test, and Evaluation System of 

Records.’’ This system of records allows 

the Department of Homeland Security/ 

Science and Technology Directorate to 

collect and maintain records collected 

in support of, or during the conduct of, 

Science & Technology-funded research, 

development, test, and evaluation 

activities. As a result of the biennial 

review of this system, routine uses have 

been updated. Additionally, this notice 

includes non-substantive changes to 

simplify the formatting and text of the 

previously published notice. This 

updated system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

February 14, 2013. This updated system 

will be effective February 14, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0025 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Jonathan R. Cantor, Acting 

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 and may be read at 

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: 

Christopher Lee, STPrivacy@hq.dhs.gov, 

the Science & Technology Directorate’s 

Privacy Office, Mail Stop: 0205, 

Department of Homeland Security, 245 

Murray Lane SW., Washington, DC 

20528. For privacy issues, please 

contact: Jonathan R. Cantor, Acting 

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) Science and 

Technology Directorate (S&T) proposes 

to update and reissue a current DHS 

system of records titled, ‘‘DHS/S&T–001 

Research, Development, Test, and 

Evaluation System of Records.’’ 

An integral part of the Department of 

Homeland Security (DHS) Science & 

Technology Directorate’s (S&T) mission 

is to conduct research, development, 

testing, and evaluation (RDT&E 

activities) on topics and technologies 

related to improving homeland security 

and combating terrorism. Some RDT&E 

activities involve the collection of 

personally identifiable information. 

This system of records notice covers 

records collected in support of, or 

during the conduct of, DHS/S&T-funded 

RDT&E activities, when those records 

are retrieved by personal identifier. 

As a general rule, the information 

collected will be used by DHS/S&T 

solely for the purposes of supporting 

RDT&E activities (e.g., testing and 

evaluating a screening technology or 

obtaining feedback on a technology from 

volunteer participants). S&T will not 

use the information collected for law 

enforcement, intelligence, or any 

purpose other than RDT&E. This system 

of records notice only covers the 

collection and use of information for the 

purpose of RDT&E activities. In 

situations when DHS/S&T-funded 

RDT&E activities directly involve law 

enforcement, intelligence personnel, 

and/or other operational entities, a 

separate SORN is required to address 

any activities from which information 

collected would be used in operations, 

to support operational decisions, or any 

purpose other than RDT&E activities. 

An exception to the above general rule 

limiting the use of collected information 


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