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[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Pages 29676-29678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14663]

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DEPARTMENT OF COMMERCE

Census Bureau

[Docket No. 090514913-9954-01]

Privacy Act of 1974; System of Records

AGENCY: U.S. Census Bureau, Department of Commerce.

ACTION: Notice of New Privacy Act System of Records; Commerce/Census-
12, Foreign Trade Statistics.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5, United States Code (U.S.C.) 552a(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals'', 
the Department of Commerce is issuing notice of intent to establish a 
new system of records entitled Commerce/Census-12, Foreign Trade 
Statistics. We invite public comment on the proposed new system 
announced in this publication.

DATES: Comment Date: To be considered, written comments on the proposed 
new system must be submitted on or before July 23, 2009.
    Effective Date: Unless comments dictate otherwise, the new system 
will become effective as proposed on the date of publication of a 
subsequent notice in the Federal Register.

ADDRESSES: Please address comments to: Chief Privacy Officer, Privacy 
Office, Room HQ-8H168, U.S. Census Bureau, Washington, DC 20233-3700.

SUPPLEMENTARY INFORMATION: The purpose of this system of records is to 
account for the collection, maintenance and use of social security 
numbers (SSN) for a limited number of individuals, small business 
owners and sole proprietors without paid employees, where an employer 
identification number (EIN) does not exist. The Foreign Trade 
Statistics system and its component parts support the production of the 
monthly ``International Trade in Goods and Services'' report, a 
principal economic indicator, as authorized by Title 13, U.S.C., 
Section 301. The system consists of (1) the import and export 
transaction-level records and subsets thereof compiled for production 
review and control, research, analysis, investigation and customer 
service purposes, (2) source data systems including the Automated 
Export System (AES), the Internet front-end system AESDirect, and the 
Automated Foreign Trade Zone Reporting Program (AFTZRP), (3) extract 
files from U.S. Customs and Border Protection (CBP) systems including 
the Automated Commercial System (ACS) and the e-214 system for 
collecting Foreign Trade Zone admissions information, (4) information 
keyed from paper documents including the CBP Form 7501, Entry Summary; 
the CBP Form 214, Foreign Trade Zone Admission document; and Commerce 
Form 7525-V, the Shipper's Export Declaration (SED); and (5) 
information received from Statistics Canada under the terms of the U.S. 
and Canada data exchange agreement.
Commerce/Census-12

System Name:
    Foreign Trade Statistics.

Security Classification:
    None.

System Location:
    Automated Export System (AES), Automated Commercial System (ACS), 
e-214 System--U.S. Customs and Border Protection (CBP) National Data 
Center, Washington, DC.
    AESDirect--Flagship Customs Services, contractor subject to Title 
13 restrictions, Silver Spring, Maryland.
    Import and Export Transaction Level Files--U.S. Census Bureau 
Headquarters, Suitland, Maryland and Census Bureau Computer Center, 
Bowie, Maryland.

Categories of Individuals Covered by the System:
    Individuals engaged in the importation or exportation of 
merchandise including but not limited to the Importer of Record, the 
U.S. Principal Party in Interest (USPPI); the authorized agent of the 
importer, USPPI or Foreign Principal Party in Interest; consignees 
(including consignee, intermediate consignee and ultimate consignee); 
and the filer and the transmitter of an automated record. Note: Nearly 
all of the transactions covered by this system involve only business 
enterprises. However, a small percentage of transactions involve 
individuals engaged in the importation or exportation of goods. Such 
transactions may involve transportation of personal items or business 
activities.

Categories of Records in the System:
    Records maintained on individuals engaged in import or foreign 
trade zone activities include the following data fields: Name, address, 
telephone number, social security number (SSN), and border crossing 
number or passport number. Records maintained on individuals engaged in 
export activities include the following data fields: Name, address, 
telephone number, e-mail address, and an identifier (employer 
identification number (EIN) or SSN, border crossing number, or passport 
number). The remaining information collected contains details of the 
shipment and its transportation into or out of the United States, or 
between the United States and Puerto Rico or the U.S. Virgin Islands.

Authorities for Maintenance of the System:
    Title 13, U.S.C., Chapter 9; and Foreign Trade Statistical 
Regulations or its successor document, the Foreign Trade Regulations, 
both in Title 15, CFR part 30; and Title 19, CFR 24.5.

Purpose(s):
    The records in this system of records are used by the Census Bureau 
to compile the U.S. merchandise trade

[[Page 29677]]

statistics, a key component of the monthly U.S. International Trade in 
Goods and Services report (FT-900) and to provide information needed 
for related statistical programs of other agencies. In addition, the 
records in this system of records are also used by other Federal 
agencies to enforce U.S. export laws and regulations, to evaluate the 
impact of trade agreements and to monitor compliance with such 
agreements.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. By Census Bureau staff for use in the compilation of U.S. 
international trade statistics and related research and analysis, and 
to provide customer assistance to members of the trade community in 
areas such as AES filing and interpretation of the Foreign Trade 
Statistics Regulations and its successor, the Foreign Trade 
Regulations. Information from this system is matched against 
information in the Census Bureau's Business Register to develop data 
products describing the characteristics of companies that export. 
However, since this project does not use any Business Register subsets 
that contain information about individuals, (nor does any subset of the 
Business Register contain SSNs), no information about individuals is 
incorporated in the data tabulations that comprise the Exporter 
Database.
    2. By authorized sworn staff of Flagship Customs Services (FCS) for 
purposes of operating the AESDirect system and providing customer 
service to AESDirect filers. FCS staff's access is limited to the 
information filed through the AESDirect.
    3. Provided to the U.S. Bureau of Labor Statistics, the U.S. Army 
Corps of Engineers, U.S. Maritime Administration, Bureau of Economic 
Analysis, the U.S. Foreign Agricultural Service, the U.S. Federal 
Reserve Board and other U.S. government agencies, as authorized by a 
National Interest Determination (NID), for statistical purposes.
    4. Provided, with authorization by CBP, to Statistics Canada (for 
imports from Canada only) for statistical purposes only in accordance 
with the terms of the U.S.--Canada Data Exchange agreement. No name, 
address or other identifying information is provided beyond an altered 
version of the importer identifier, so that no actual SSN is provided.
    5. Provided to the U.S. Department of Justice (U.S. Attorneys) and 
U.S. courts, the U.S. Bureau of Industry and Security, the U.S. 
Department of Homeland Security, the U.S. Office of Naval Intelligence, 
the U.S. Maritime Administration, the U.S. Department of State, the 
Office of the U.S. Trade Representative, or other government agency, as 
authorized by NIDs, for purposes of enforcing U.S. export laws and 
regulations through analysis, investigation and prosecution of 
violations or other circumstances where the Secretary of Commerce or 
Census Bureau Director determines that withholding the information 
would be contrary to the national interest.
    6. Provided, with authorization from CBP for import information and 
as authorized by an NID for export information, to the U.S. Office of 
Textiles and Apparel to monitor the implementation of textile 
agreements.
    7. Provided, when authorized by NID, to appropriate agencies, 
entities and persons when (1) the Census Bureau suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) the Census Bureau 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 the Census Bureau 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 the Census Bureau's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize or remedy such harm.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    The AES, AESDirect and the FT-900 systems have all been certified 
under the Federal Information Processing Standard requirements in 
accordance with the National Institute of Standards and Technology 
guidelines. Records are stored in a secure computerized system and on 
magnetic media; output data will use either electronic or paper media. 
Source data sets containing personal identifiers are maintained in a 
secure restricted-access environment. Access is controlled by use of 
usernames and passwords to ensure that system users may only access the 
information they are authorized to see. All communications between 
filers and the Census Bureau are encrypted. Access control lists and 
unique usernames and passwords, in accordance with Federal computer 
security guidelines; protect all data extracted by the Census Bureau 
from the AES.

Retrievability:
    Records of individuals may be retrieved by name, address, telephone 
number, SSN or the alternate identifier.

Safeguards:
    The U.S. Census Bureau is committed to respecting respondent 
privacy and protecting confidentiality. Through the Data Stewardship 
Program, it has implemented management, operational, and technical 
controls and practices to ensure high-level data protection to 
respondents of our census and surveys. All U.S. Census Bureau 
employees, contractors and other special sworn staff under Title 13, 
U.S.C. 23(c) are subject to the restrictions, penalties, and 
prohibitions of Title 13, U.S.C., Chapter 9; 15 CFR part 30; the 
Privacy Act of 1974 (Title 5, U.S.C. 552a(b)(4)); Title 18, U.S.C. 
1905; Title 26, U.S.C. 7213; and Title 42, U.S.C. 1306. When 
confidentiality or penalty provisions differ, the most stringent 
provisions apply to protect the data. Census Bureau employees and 
contractors are regularly advised of the regulations issued pursuant to 
Title 13, U.S.C. and other relevant statutes governing confidentiality 
of the data. The Trade Secrets Act, 18 U.S.C. 1905 provides for 
penalties of up to $100,000 or imprisonment for no more than one year, 
or both for any unauthorized release of confidential data. Furthermore, 
the use of unsecured telecommunications to transmit individually 
identifiable information is prohibited.
    Pursuant to Title 13, U.S.C. 301(g), Shipper's Export Declaration 
(SED) (or any successor document) are exempt from public disclosure 
unless the Secretary of Commerce (whose authority has been delegated to 
the Census Bureau Director) determines that such an exemption would be 
contrary to the national interest. Releases under such NIDs have been 
limited to U.S. government agencies. Both the NID and the implementing 
Memorandum of Understanding (MOU) place strict limits upon the use of 
SED information, including prohibiting public disclosure except to U.S. 
courts when necessary to prosecute a violation of U.S. export laws and 
regulations. Several levels of Census Bureau management up to and 
including the Director review all such requests before the NID is 
issued. Prior to providing data to an agency pursuant

[[Page 29678]]

to an NID, and periodically thereafter, the Census Bureau conducts a 
safeguard review, including an on-site inspection, to ensure that the 
information provided will be adequately protected and used solely for 
the purposes authorized. The terms of the MOU governing the U.S.-Canada 
Data Exchange prohibit use of the data for any nonstatistical purpose. 
The import data obtained by the Census Bureau are collected under the 
authority of the CBP and are kept confidential by the Census Bureau, as 
required by law, unless disclosure is authorized by the CBP. Parties to 
U.S. import or export transactions that believe the published 
statistics disclose their confidential business information may contact 
the Chief, Foreign Trade Division, U.S. Census Bureau, Washington, DC 
20233, 301-763-2255 to request that measures be taken to protect their 
information.
    Access to the databases covered by this notice reside on servers/
hardware reflected in the security plans and system documentation 
maintained by the IT Directorate. All software running on the servers 
is Census Bureau approved and further resides in environments that are 
certified and accredited. In addition to periodic virus scans, the 
systems are subjected to security reviews and audits. Access to the 
databases covered by this notice is controlled through the use of 
documented processes requiring the use of usernames and passwords to 
ensure that system users may only access the information they are 
authorized to see. Usernames and passwords comply with Census Bureau IT 
Security Policy, which includes standards for password complexity, how 
often they must be changed, etc. In the AES and the AESDirect, access 
is further limited by user roles, which restrict users' access to the 
information required to fulfill their responsibilities. Access to all 
databases covered by this notice is further restricted through use of 
access control lists.

Retention and Disposal:
    Forms from which transaction level data are keyed are retained for 
three years. Consistent with 15 CFR part 30, the export transaction 
level records will be available to USPPIs and their agents, and 
authorized U.S. Federal agencies for five years unless there is a legal 
requirement established through a court order. In which case, the 
records will be retained until that order is no longer in effect. Both 
import and export transaction level records will be available 
internally indefinitely, with records archived within the Census Bureau 
when direct access is no longer needed. Electronic summary files are 
kept for 20 years or disposed of sooner if deemed no longer needed.

System Manager and Address:
    Associate Director for Economic Programs, U.S. Census Bureau, 4600 
Silver Hill Road, Washington, DC 20233-8000.

Notification Procedure:
    To determine if this system contains records relating to you, write 
to: Freedom of Information Act Officer, U.S. Census Bureau, 4600 Silver 
Hill Road, Washington, DC 20233 or telephone 888-206-6463.

Record Access Procedures:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content 
must submit a request in writing addressed to the Freedom of 
Information Act Officer at the address above. The envelope or fax cover 
sheet should be clearly marked ``Privacy Act Access Request.'' The 
request should include a general description of the records sought and 
must include the requester's full name, current address and contact 
information. Requests for notification or access should not be sent via 
e-mail. The request must be signed and either notarized or submitted 
under penalty of perjury. Additionally, outside of the Privacy Act 
procedures, USPPIs or their authorized agents can obtain access to the 
records they filed, or that were filed on their behalf by contacting 
the Chief, Foreign Trade Division, U.S. Census Bureau at 4600 Silver 
Hill Road, Washington, DC 20233; telephoning 301-763-2255; or secure 
faxing 301-763-8835.

Contesting Record Procedures:
    See ``Record Access Procedures'' above.

Record Source Categories:
    Individuals involved in import and export transactions covered in 
U.S. Census Bureau Foreign Trade statistics.

Exemptions Claimed for System:
    None.

    Dated: June 17, 2009.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. E9-14663 Filed 6-22-09; 8:45 am]
BILLING CODE 3510-07-P
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