29676 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 

posted on the TIP Web site at: http:// 

www.nist.gov/tip/. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

Committee’s affairs are invited to 

request a place on the agenda. On July 

7, 2009, approximately one-half hour 

will be reserved for public comments, 

and speaking times will be assigned on 

a first-come, first-serve basis. The 

amount of time per speaker will be 

determined by the number of requests 

received, but is likely to be about 3 

minutes each. Questions from the public 

will not be considered during this 

period. Speakers who wish to expand 

upon their oral statements, those who 

had wished to speak but could not be 

accommodated on the agenda, and those 

who were unable to attend in person are 

invited to submit written statements to 

the TIP Advisory Board, National 

Institute of Standards and Technology, 

100 Bureau Drive, MS 4700, 

Gaithersburg, Maryland 20899–8610, via 

fax at (301) 975–4032, or electronically 

by e-mail to (lorel.wisniewski@nist.gov). 

All visitors to the National Institute of 

Standards and Technology site will 

have to pre-register to be admitted. 

Please submit your name, time of 

arrival, e-mail address and phone 

number to JoEllen Hansroth no later 

than Wednesday, July 1, and she will 

provide you with instructions for 

admittance. Ms. Hansroth’s e-mail 

address is joellen.hansroth@nist.gov and 

her phone number is 301–975–2162. 

Dated: June 18, 2009. 

Patrick Gallagher, 

Deputy Director. 

[FR Doc. E9–14733 Filed 6–22–09; 8:45 am] 

BILLING CODE 3510–13–P 

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/Census12, Foreign Trade Statistics. 

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 transactionlevel 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 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 

29678 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Notices 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP79 

Taking Marine Mammals Incidental to 

Specified Activities; Offshore 

Exploratory Drilling in the Beaufort Sea 

off Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; withdrawal of an 

incidental take authorization 

application. 

SUMMARY: Notice is hereby given that 

Shell Offshore, Inc. (Shell) has 

withdrawn its application for an 

Incidental Harassment Authorization 

(IHA). The following action is related to 

a proposed IHA to Shell for the take of 

small numbers of marine mammals, by 

Level B harassment, incidental to 

conducting open-water offshore 

exploratory drilling on outer continental 

shelf (OCS) oil lease blocks in the 

Beaufort Sea off Alaska during the 2008/ 

2009 open-water season. 

ADDRESSES: The documents and the 

application related to this action are 

available by writing to P. Michael 

Payne, Chief, Permits, Conservation, 

and Education Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225, or by telephoning the contact 

listed here. 

A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the address specified above, telephoning 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT), or 

online at: http://www.nmfs.noaa.gov/pr/ 

permits/incidental.htm. Documents 

cited in this notice may be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Candace Nachman or Ken Hollingshead, 

NMFS, 301–713–2289. 

SUPPLEMENTARY INFORMATION: On 

February 24, 2008, NMFS received a 

revision to Shell’s October 19, 2007, 

application requesting an IHA. The 

requested IHA was for an authorization 

to take, by Level B harassment, small 

numbers of several species of marine 

mammals incidental to conducting 

open-water offshore exploratory drilling 

on OCS oil lease blocks in the Beaufort 

Sea off Alaska during the 2008/2009 

open-water season. On May 13, 2009,