Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices 53893 

Dated: August 27, 2012. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2012–21652 Filed 8–31–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of Refugee Resettlement 

[C.F.D.A. Number 93.584] 

Notice of FY 2012 Refugee Targeted 

Assistance Formula Awards to States 

and Wilson/Fish Alternative Project 

Grantees 

AGENCY: Office of Refugee Resettlement, 

ACF, HHS. 

ACTION: Notice of awards. 

SUMMARY: The Office of Refugee 

Resettlement, Administration for 

Children and Families (ACF), 

announces the allocation of Refugee 

Targeted Assistance formula awards to 

States and Wilson/Fish Alternative 

Project grantees. The purpose of the 

Targeted Assistance program is to 

provide employment and other 

resettlement services to refugees, 

Amerasians, asylees, Cuban and Haitian 

entrants, victims of trafficking, and 

Iraqis and Afghans with Special 

Immigrant Visas. The grant allocations 

are awarded to States on behalf of 

counties that have had high levels of 

arrivals of the eligible populations. The 

awards supplement available refugee 

resettlement resources to ensure that 

refugees and other eligible populations 

become employed and self-sufficient as 

soon as possible. Awards are 

determined by the number of the 

eligible populations residing in each 

county during the two-year period from 

October 1, 2009, to September 30, 2011. 

Targeted Assistance allocations are 

available on the ORR Web page. The 

table of FY 2012 Allocations to Counties 

and Targeted Assistance Areas and the 

Table of FY 2012 Allocations to States 

may be found at: http://www.acf.hhs.

gov/programs/orr/policy/fy2012_

formula_allocations_targeted_

assistance.htm. 

DATES: The awards are effective 

immediately. Funds must be obligated 

by September 30, 2013, and funds must 

be expended by September 30, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Henley Portner, Office of the Director, 

Office of Refugee Resettlement, (202) 

401–5363, Henley.Portner@acf.hhs.gov. 

Statutory Authority: Section 412(c)(2)(A) 

of the Immigration and Nationality Act (INA) 

(8 U.S.C. 1522). 

Eskinder Negash, 

Director, Office of Refugee Resettlement. 

[FR Doc. 2012–21584 Filed 8–31–12; 8:45 am] 

BILLING CODE 4184–46–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2012–0017] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Immigration 

and Customs Enforcement—005 Trade 

Transparency Analysis and Research 

(TTAR) System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of amendment of Privacy 

Act system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to amend 

a current Department of Homeland 

Security system of records titled, 

‘‘Department of Homeland Security/ 

Immigration and Customs Enforcement005 Trade Transparency Analysis and 

Research (TTAR) System of Records.’’ 

This system of records is being modified 

to include new categories of 

individuals, categories of records, and 

purposes. The system is also being 

updated to update, consolidate, and 

clarify the existing routine uses, to 

reflect a proposed change to the 

retention period of the system’s data, 

and to update and simplify the 

description of the record sources. The 

data in the TTAR system of records is 

generally maintained in the ICE Data 

Analysis and Research Trade 

Transparency System (DARTTS), which 

is a software application and data 

repository that conducts analysis of 

trade and financial data to identify 

statistically anomalous transactions that 

may warrant investigation for money 

laundering or other import-export 

crimes. Additionally, an update to the 

Privacy Impact Assessment for DARTTS 

has been posted on the Department’s 

privacy web site (see www.dhs.gov/ 

privacy). The exemptions for the 

existing system of records notice will 

continue to be applicable for this system 

of records notice. This updated system 

will be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

October 4, 2012. This updated system 

will be effective October 4, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2012–0017 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 go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lyn 

Rahilly, Privacy Officer, (202–732– 

3300), U.S. Immigration and Customs 

Enforcement, 500 12th Street SW., Mail 

Stop 5004, Washington, DC 20536, 

email: ICEPrivacy@dhs.gov, or Jonathan 

R. Cantor, Acting Chief Privacy Officer, 

(202–343–1717), 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. 

Immigration and Customs Enforcement 

(ICE) proposes to amend a current DHS 

system of records titled ‘‘DHS/ICE–005 

Trade Transparency Analysis and 

Research (TTAR) System of Records.’’ 

This system of records is being modified 

to include new categories of 

individuals, categories of records, and 

purposes. The system is also being 

updated to update, consolidate, and 

clarify the existing routine uses, to 

reflect a proposed change to the 

retention period of the data, and to 

update and simplify the description of 

the record sources. 

With the previously-published 

DARTTS PIA update, ICE is also 

notifying the public of three other 

changes to the TTAR SORN’s associated 

IT system, DARTTS. First, ICE is 

expanding the use of DARTTS within 

DHS to permit select U.S. Customs and 

Border Protection (CBP) customs 

officers and import specialists to access 

and use the system to conduct trade 

transparency analysis. These CBP 

employees use DARTTS in support of 

the CBP mission to enforce U.S. trade 

laws and ensure the collection of all 


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lawfully owed revenue from trade 

activities. 

Second, ICE is establishing a separate 

instance of DARTTS for use by foreign 

government partners that operate trade 

transparency units and have customs 

information sharing agreements with the 

United States. This new ‘‘Foreign 

DARTTS’’ system is maintained in a 

secure, web-based environment hosted 

by ICE. Foreign DARTTS permits 

authorized foreign partners to use the 

DARTTS tools to analyze a more limited 

set of DARTTS data in support of their 

own trade-based investigations. Third, 

DARTTS will be modified in the near 

future to permit authorized ICE and CBP 

personnel to access DARTTS via mobile 

devices. The DARTTS PIA update is 

available at www.dhs.gov/privacy. 

The TTAR system of records and its 

associated IT system, DARTTS, are 

owned by ICE Homeland Security 

Investigations (HSI) and maintained for 

the purpose of enforcing criminal and 

civil laws pertaining to trade through 

trade transparency. Trade transparency 

is the concept of examining U.S. and 

foreign trade data to identify anomalies 

in patterns of trade. Such anomalies can 

indicate trade-based money laundering 

or other import-export crimes that HSI 

is responsible for investigating, such as 

contraband smuggling, trafficking of 

counterfeit goods, misclassification of 

goods, and the over- or under-valuation 

of goods to hide the proceeds of illegal 

activities. 

As part of the trade transparency 

investigative process, DHS law 

enforcement personnel must understand 

the relationships between importers and 

exporters and the financing for a set of 

trade transactions to determine which 

transactions are suspicious and warrant 

investigation. The TTAR system of 

records supports the operation of 

DARTTS, which is a software 

application and data repository that 

conducts analysis of trade and financial 

data to identify statistically anomalous 

transactions that may warrant 

investigation for money laundering or 

other import-export crimes. DARTTS is 

specifically designed to make this 

investigative process more efficient by 

automating the analysis and 

identification of anomalies for the 

investigator. While DARTTS does 

increase the efficiency of data analysis, 

it does not allow DHS law enforcement 

personnel to obtain any data they could 

not otherwise access in the course of 

their law enforcement activities. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ICE–005 TTAR System of 

Records may be shared with other DHS 

components. In accordance with the 

routine uses set forth in this system of 

records notice, this information may 

also be disclosed externally to federal, 

state, local, tribal, territorial, 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 

aforementioned routine uses. 

II. Changes to the System of Records 

In this amendment, DHS is expanding 

the categories of individuals covered by 

this system of records to include two 

new categories: Specially Designated 

Nationals (SDN) as defined by 31 CFR 

500.306, and individuals identified in 

TECS subject records created by ICE and 

CBP. The SDN List is an economic and 

trade sanctions program based on U.S. 

foreign policy and national security 

goals against targeted foreign countries 

and regimes, terrorists, international 

narcotics traffickers, and other threats to 

the national security, foreign policy or 

economy of the United States. Including 

the SDN List in DARTTS allows HSI 

users to quickly identify international 

trade and/or financial transactions that 

are associated with a specially 

designated individual or entity, which 

allows HSI to take appropriate 

investigative actions in a timely and 

more efficient manner. 

TECS subject records includes 

violators or suspected violators of laws 

enforced or administered by ICE and 

CBP; witnesses associated with ICE and 

CBP enforcement actions; persons who 

own or operate businesses, property, 

vehicles or other property that is in a 

TECS subject record; and individuals 

applying for a license issued by DHS or 

for which DHS conducts a background 

investigation in support of the licensing 

agency. Including ICE and CBP subject 

records in DARTTS allows users to 

quickly determine when an entity being 

researched in DARTTS is already part of 

a pending HSI investigation or was 

involved in an investigation that is now 

closed. 

In this amendment, DHS is also 

including three new categories of 

records that are covered by this system 

of records: (1) TECS subject records 

related to an ICE or CBP law 

enforcement matter; (2) Customs or 

Homeland Security licensing 

information, related to applications by 

individuals or businesses to hold a 

specific license issued by DHS or for 

which DHS conducts a background 

investigation in support of the licensing 

agency; and (3) Information obtained 

from the SDN List maintained by the 

U.S. Department of the Treasury. DHS is 

also restructuring the categories of 

records into related groups instead of 

simply listing the data elements. 

In this amendment, DHS is modifying 

and clarifying the system location to 

make clear that this system of records 

describes data maintained in DARTTS. 

DHS is also modifying the authority 

citations to include additional 

authorities that support the ICE and CBP 

mission for which trade transparency 

analysis is performed. DHS has also 

added citations to authorities that 

protect some of the information in 

DARTTS, such as the Trade Secrets Act 

and the Bank Secrecy Act. 

In this amendment, DHS is also 

broadening the purpose section to 

include the civil enforcement aspects of 

CBP’s mission that the system will now 

support. DHS is also adding two 

additional purposes associated with the 

launch of Foreign DARTTS to describe 

the reasons the system will be used by 

foreign government partners. Finally, 

DHS has added a new purpose that 

describes the law enforcement, 

homeland security, and public safety 

purposes that all ICE law enforcement 

systems are generally maintained to 

support. 

In this amendment, DHS is proposing 

to reword several routine uses to 

improve their clarity and to reduce 

redundancy. DHS is also deleting one 

routine use as it was found to be 

redundant to other existing routine uses. 

Finally, DHS is proposing to add the 

following four routine uses: (1) To 

permit sharing with courts, magistrates, 

counsel, parties and witnesses when 

relevant and necessary to litigation to 

which DHS is a party or in which it has 

an interest (Routine Use N); (2) to 

permit sharing with prospective parties 

and their counsel in advance of the 

initiation of formal litigation 

proceedings for settlement negotiation 

purposes (Routine Use O); (3) to permit 

sharing with other domestic or foreign 

agencies or entities for information or 

assistance in processing a claim for 

redress in connection with the 

operations of a DHS component or 

program (Routine Use P); and (4) to 

permit sharing with former employees 

of DHS when DHS requires information 

or consultation assistance from them 

regarding a matter within that person’s 

former area of responsibility (Routine 

Use Q). The new proposed routine uses 

are intended to permit information 

sharing in the event that information 

covered by this system of records 

becomes relevant to an actual or 

potential claim in litigation or other 

proceedings, to a pending request from 


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an individual for redress from DHS, or 

in the event that a matter arises in 

which DHS must share information with 

a former employee to obtain information 

or consultation assistance from that 

individual. 

In this amendment, DHS is also 

notifying the public of its intention to 

modify the retention period of 

information maintained in this system 

of records. Currently, DARTTS data is 

maintained in production for five years, 

archived for an additional five years, 

and then deleted. DHS proposes to 

maintain the data in production for ten 

years and then delete the data. The 

retention period is also proposed to 

change from five to ten years for the 

original CD–ROMs, external storage 

devices, or electronic data transfers 

containing raw data that is input into 

DARTTS. 

Finally, in this amendment, DHS is 

simplifying and updating the 

description of the record sources for this 

system of records. The U.S. Department 

of the Treasury is being added because 

it is the source for the SDN List. 

The exemptions for the existing 

system of records notice will continue 

to be applicable for this system of 

records notice. This updated system 

will be included in the Department of 

Homeland Security’s inventory of 

record systems. 

III. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. Government 

collects, maintains, uses, and 

disseminates 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 U.S. 

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. 

Below is the description of the 

amended DHS/ICE–005 Trade 

Transparency Analysis and Research 

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/ICE–005 

SYSTEM NAME: 

Trade Transparency Analysis and 

Research (TTAR) System 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified 

SYSTEM LOCATION: 

Records are maintained in the Data 

Analysis and Research for Trade 

Transparency System (DARTTS), which 

is an IT system owned and operated by 

U.S. Immigration and Customs 

Enforcement (ICE) and maintained in a 

Department of Homeland Security 

(DHS) data center. The DARTTS 

application is maintained on the ICE 

Network and also at ICE Attache ́ Offices 

abroad. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

(1) Individuals who, as importers, 

exporters, shippers, transporters, 

brokers, owners, purchasers, consignees, 

or agents thereof, participate in the 

import or export of goods to or from the 

United States or to or from nations with 

which the United States has entered an 

agreement to share trade information; 

(2) Individuals who participate in 

financial transactions that are reported 

to the U.S. Treasury Department under 

the Bank Secrecy Act or other U.S. 

financial crimes laws and regulations 

(e.g., individuals who participate in 

cash transactions exceeding $10,000; 

individuals who participate in a 

reportable suspicious financial 

transaction); 

(3) Specially Designated Nationals as 

defined by 31 CFR § 500.306; and 

(4) Individuals identified in TECS 

subject records created by ICE and U.S. 

Customs and Border Protection (CBP), 

including violators or suspected 

violators of laws enforced or 

administered by ICE and CBP; witnesses 

associated with ICE and CBP 

enforcement actions; persons who own 

or operate businesses, property, vehicles 

or other property that is in a TECS 

subject record; and individuals applying 

for a license issued by DHS or for which 

DHS conducts a background 

investigation in support of the licensing 

agency. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

(1) Biographic and other identifying 

information about individuals, 

including names; dates of birth; Social 

Security/tax identification numbers; 

passport information (number and 

country of issuance); citizenship; 

location and contact information (such 

as home, business, and email addresses 

and telephone numbers); and other 

identification numbers (e.g., Alien 

Registration Number, driver’s license 

number, etc.). 

(2) Customs, trade, and financial data 

associated with an individual, including 

trade identifier numbers (e.g., Importer 

ID, Exporter ID, Manufacturer ID); 

account numbers (e.g., bank account, 

electronic fund transfer number); 

description and/or value of trade goods; 

country of origin/export; description 

and/or value of financial transactions; 

vehicle, vessel and/or aircraft 

information; and other business 

information. 

(3) TECS subject records related to an 

ICE or CBP law enforcement matter. 

(4) Customs or Homeland Security 

licensing information, related to 

applications by individuals or 

businesses to hold or retain a Customs 

broker’s license, or operate a Customsbonded warehouse, or be a bonded 

carrier or bonded cartman. 

(5) Information obtained from the 

Specially Designated Nationals List 

maintained by the U.S. Department of 

the Treasury, including individual’s 

name, aliases, address, date of birth, 

place of birth, citizenship, nationality, 

passport information, and program 

under which designation was made. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Tariff Act of 1930, as amended, 

19 U.S.C. Chapter 4; 18 U.S.C. 545 

(Smuggling goods into the United 

States); 18 U.S.C. 1956 (Laundering of 

Monetary Instruments); 19 U.S.C. 1484 

(Entry of Merchandise); 18 U.S.C. 544 

(Smuggling goods out of the United 

States); 18 U.S.C. 371 (Conspiracy); and 

50 U.S.C. 1701–1706 (International 

Emergency Economic Powers Act); 19 

U.S.C. 2071 note (Cargo Information). 

Certain information in this system of 

records is also regulated under 18 U.S.C. 

1905 (Trade Secrets Act) and 31 U.S.C. 

5311–5330 (Bank Secrecy Act). 

PURPOSE(S): 

The purpose of this system is to 

support: 

(1) The enforcement of criminal and 

civil laws pertaining to trade, financial 

crimes, smuggling, and fraud, and the 

collection of all lawfully owned revenue 

from trade activities, specifically 

through the analysis of raw financial 

and trade data in order to identify 

potential violations of U.S. criminal and 

civil laws pertaining to trade, financial 

activities, smuggling, and fraud; 


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(2) Existing criminal law enforcement 

investigations into related criminal 

activities and civil enforcement actions 

to recover revenue and assess fines and 

penalties; 

(3) The sharing of raw trade data and 

analytical capabilities with foreign 

government partners to further those 

governments’ abilities to identify, 

disrupt, and prosecute criminal and 

civil violations of laws pertaining to 

trade, financial activities, smuggling, 

and fraud; 

(4) The cooperation and collaboration 

between the United States and foreign 

government partners on investigations 

into transnational activities that violate 

criminal and civil laws pertaining to 

trade, financial activities, smuggling, 

and fraud; and 

(5) The identification of potential 

criminal activity, immigration 

violations, and threats to homeland 

security: to uphold and enforce the law; 

and to ensure public safety. 

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 Attorneys’ 

Offices) or other federal agency 

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 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, is a party to the litigation or has 

an interest in such litigation. 

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 (NARA) 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 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: Identity 

theft or fraud, harm to the economic or 

property interests, harm to an 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) 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, interns, 

trainees, students, 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 federal, state, local, tribal, 

territorial, or foreign government 

agencies, as well as to other individuals 

and organizations during the course of 

an investigation by DHS or the 

processing of a matter under DHS’s 

jurisdiction, or during a proceeding 

within the purview of the immigration 

and nationality laws, when DHS deems 

that such disclosure is necessary to 

carry out its functions and statutory 

mandates or to elicit information 

required by DHS to carry out its 

functions and statutory mandates. 

H. To federal, state, local, tribal, 

territorial, or foreign government 

agencies or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, license, or treaty 

where DHS determines that the 

information would assist in the 

enforcement of civil, criminal, or 

regulatory laws. 

I. To federal, state, local, tribal, or 

territorial government agencies, or other 

entities or individuals, or through 

established liaison channels to selected 

foreign governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

national security, intelligence, 

counterintelligence, or antiterrorism 

activities authorized by U.S. law, 

Executive Order, or other applicable 

national security directive. 

J. To federal, state, local, tribal, 

territorial, or foreign government 

agencies or organizations, or 

international organizations, lawfully 

engaged in collecting law enforcement 

intelligence, whether civil or criminal, 

to enable these entities to carry out their 

law enforcement responsibilities, 

including the collection of law 

enforcement intelligence. 

K. To international, foreign, 

intergovernmental, and multinational 

government agencies, authorities, and 

organizations in accordance with law 

and formal or informal international 

arrangements. 

L. 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, or where such 

disclosure is to support the conduct of 

national intelligence and security 

investigations or assist in antiterrorism 

efforts. 

M. To federal, state, local, tribal, 

territorial, international, or foreign 

government agencies or multinational 

governmental organizations where DHS 

desires to exchange relevant data for the 

purpose of developing, testing, or 

implementing new software or 

technology whose purpose is related to 

the purpose of this system of records. 

N. To courts, magistrates, 

administrative tribunals, opposing 

counsel, parties, and witnesses, in the 

course of immigration, civil, or criminal 

proceedings (including discovery, 

presentation of evidence, and settlement 

negotiations) before a court or 

adjudicative body when any of the 

following is a party to or have an 

interest in the 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 the 

government has agreed to represent the 

employee; or 

(4) The United States, where DHS 

determines that litigation is likely to 

affect DHS or any of its components; 

and when DHS determines that use of 

such records is relevant and necessary 

to the litigation and is compatible with 


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the purposes for which the records were 

collected. 

O. To prospective claimants and their 

attorneys for the purpose of negotiating 

the settlement of an actual or 

prospective claim against DHS or its 

current or former employees, in advance 

of the initiation of formal litigation or 

proceedings. 

P. To federal, state, local, tribal, 

territorial, international, or foreign 

government agencies or entities for the 

purpose of consulting with those 

agencies or entities: 

(1) To assist in making a 

determination regarding redress for an 

individual in connection with the 

operations of a DHS component or 

program; 

(2) To verify the identity of an 

individual seeking redress in 

connection with the operations of a DHS 

component or program; or 

to verify the accuracy of information 

submitted by an individual who has 

requested redress on behalf of another 

individual. 

Q. To a former employee of DHS for 

the purpose of responding to an official 

inquiry by federal, state, local, tribal, or 

territorial government agencies or 

professional licensing authorities; or 

facilitating communications with a 

former employee that may be necessary 

for personnel-related matters or other 

official purposes where DHS requires 

information or consultation assistance 

from the former employee regarding a 

matter within that person’s former area 

of responsibility. 

R. 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: 

Records may be retrieved by any of 

the personal identifiers stored in the 

system including name, business 

address, home address, importer ID, 

exporter ID, broker ID, manufacturer ID, 

Social Security number, trade and tax 

identifying numbers, passport number, 

or account number. Records may also be 

retrieved by non-personal information 

such as transaction date, entity/ 

institution name, description of goods, 

value of transactions, and other 

information. 

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: 

ICE is in the process of modifying the 

records schedule for the information 

maintained in this system of records. 

Currently the data is maintained in the 

DARTTS system for five years, archived 

for an additional five years and then 

deleted. ICE is now proposing to 

maintain the data in DARTTS for ten 

years and then delete the data. The 

original CD–ROMs, external storage 

devices or electronic data transfers 

containing raw data that is uploaded 

into DARTTS would also be retained for 

ten years to ensure data integrity and for 

system maintenance purposes. 

SYSTEM MANAGER AND ADDRESS: 

Unit Chief, Trade Transparency Unit, 

ICE Homeland Security Investigations, 

500 12th Street SW., Mail Stop 5103, 

Washington, DC 20536. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from 

notification, access, and amendment 

because of the law enforcement nature 

of the information. These exemptions 

also apply to the extent that information 

in this system of records is recompiled 

or is created from information contained 

in other systems of records. To the 

extent that a record is exempted in a 

source system, the exemption will 

continue to apply. However, ICE will 

review requests on a case by case to 

determine if release of the information 

is appropriate. After conferring with the 

appropriate component or agency, as 

applicable, DHS may waive applicable 

exemptions in appropriate 

circumstances and where it would not 

appear to interfere with or adversely 

affect the law enforcement purposes of 

the systems from which the information 

is recompiled or in which it is 

contained. Additionally, ICE and DHS 

are not exempting any records that were 

ingested or indexed by TTAR where the 

source system of records already 

provides access and/or amendment 

under the Privacy Act. 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 ICE Freedom of Information Act 

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, 


tkelley on DSK3SPTVN1PROD with NOTICES
53898 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices 

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 U.S. 

Customs and Border Protection (CBP), 

U.S. Department of Commerce, U.S. 

Department of the Treasury, and foreign 

countries pursuant to international 

agreements or arrangements. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted portions of this system. 

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

Privacy Act, portions of this system are 

exempt from 5 U.S.C. 552a(c)(3) and (4); 

(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 

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

Pursuant to 5 U.S.C. 552a(k)(2), this 

system is exempt from the following 

provisions of the Privacy Act, subject to 

the limitations set forth in those 

subsections: 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G), (e)(4)(H), and (f). 

Dated: August 16. 2012. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2012–21691 Filed 8–31–12; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[USCG–2012–0472] 

Collection of Information Under 

Review by Office of Management and 

Budget 

AGENCY: Coast Guard, DHS. 

ACTION: Thirty-day notice requesting 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 the 

U.S. Coast Guard is forwarding 

Information Collection Requests (ICRs), 

abstracted below, to the Office of 

Management and Budget (OMB), Office 

of Information and Regulatory Affairs 

(OIRA), requesting approval of a 

revision to the following collections of 

information: 1625–0016, Welding and 

Hot Work Permits; Posting of Warning 

Signs; 1625–0023, Barge Fleeting 

Facility Records; 1625–0038, Plan 

Approval and Records for Tank, 

Passenger, Cargo, and Miscellaneous 

Vessels, Mobile Offshore Drilling Units, 

Nautical School Vessels and 

Oceanographic Research Vessels—46 

CFR subchapters D, H, I, I–A, R and U; 

and 1625–0039, Declaration of 

Inspection Before Transfer of Liquid 

Cargo in Bulk. Our ICRs describe the 

information we seek to collect from the 

public. Review and comments by OIRA 

ensure we only impose paperwork 

burdens commensurate with our 

performance of duties. 

DATES: Comments must reach the Coast 

Guard and OIRA on or before October 4, 

2012. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number [USCG–2012–0472] to the 

Docket Management Facility (DMF) at 

the U.S. Department of Transportation 

(DOT) and/or to OIRA. To avoid 

duplicate submissions, please use only 

one of the following means: 

(1) Online: (a) To Coast Guard docket 

at http://www.regulations.gov. (b) To 

OIRA by email via: OIRAsubmission@omb.eop.gov. 

(2) Mail: (a) DMF (M–30), DOT, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. (b) To 

OIRA, 725 17th Street NW., 

Washington, DC 20503, attention Desk 

Officer for the Coast Guard. 

(3) Hand Delivery: To DMF address 

above, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. 

(4) Fax: (a) To DMF, 202–493–2251. 

(b) To OIRA at 202–395–6566. To 

ensure your comments are received in a 

timely manner, mark the fax, attention 

Desk Officer for the Coast Guard. 

The DMF maintains the public docket 

for this Notice. Comments and material 

received from the public, as well as 

documents mentioned in this Notice as 

being available in the docket, will 

become part of the docket and will be 

available for inspection or copying at 

room W12–140 on the West Building 

Ground Floor, 1200 New Jersey Avenue 

SE., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find the docket on the Internet at 

http://www.regulations.gov. 

Copies of the ICRs are available 

through the docket on the Internet at 

http://www.regulations.gov. 

Additionally, copies are available from: 

COMMANDANT (CG–611), ATTN: 

PAPERWORK REDUCTION ACT 

MANAGER, U.S. COAST GUARD, 2100 

2ND ST. SW., STOP 7101, 

WASHINGTON DC 20593–7101. 

FOR FURTHER INFORMATION: Contact Ms. 

Kenlinishia Tyler, Office of Information 

Management, telephone 202–475–3652 

or fax 202–475–3929, for questions on 

these documents. Contact Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, 202–366–9826, for 

questions on the docket. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

This Notice relies on the authority of 

the Paperwork Reduction Act of 1995; 

44 U.S.C. chapter 35, as amended. An 

ICR is an application to OIRA seeking 

the approval, extension, or renewal of a 

Coast Guard collection of information 

(Collection). The ICR contains 

information describing the Collection’s 

purpose, the Collection’s likely burden 

on the affected public, an explanation of 

the necessity of the Collection, and 

other important information describing 

the Collections. There is one ICR for 

each Collection. 

The Coast Guard invites comments on 

whether these ICRs should be granted 

based on the Collections being 

necessary for the proper performance of 

Departmental functions. In particular, 

the Coast Guard would appreciate 

comments addressing: (1) The practical 

utility of the Collections; (2) the 

accuracy of the estimated burden of the 

Collections; (3) ways to enhance the 

quality, utility, and clarity of 

information subject to the Collections; 

and (4) ways to minimize the burden of 

the Collections on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. These 

comments will help OIRA determine 

whether to approve the ICRs referred to 

in this Notice. 

We encourage you to respond to this 

request by submitting comments and 

related materials. Comments to Coast 

Guard or OIRA must contain the OMB 

Control Number of the ICR. They must 

also contain the docket number of this 

request, [USCG 2012–0472], and must 

be received by October 4, 2012. We will 

post all comments received, without 

change, to http://www.regulations.gov. 

They will include any personal 

information you provide. We have an 

agreement with DOT to use their DMF. 

Please see the ‘‘Privacy Act’’ paragraph 

below. 


tkelley on DSK3SPTVN1PROD with NOTICES