Department of Transportation Notice (Federal Register), January 15, 2003:

[Thanks to HE and J.]


Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

[Federal Register: January 15, 2003 (Volume 68, Number 10)]
[Notices]
[Page 2101-2103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja03-104]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Privacy Act of 1974: System of Records

AGENCY: Office of the Secretary, DOT.

ACTION: Notice to amend a system of records.

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SUMMARY: DOT intends to establish a system of record under the Privacy
Act of 1974.

EFFECTIVE DATE: February 24, 2003. If no comments are received, the
proposal will become effective on the above date. If comments are
received, the comments will be considered and, where adopted, the
documents will be republished with changes.

FOR FURTHER INFORMATION CONTACT: Yvonne L. Coates, Department of
Transportation, Office of the Secretary, 400 7th Street, SW.,
Washington, DC 20590, (202) 366-6964 (telephone), (202) 366-7024 (fax),
Yvonne.Coates@ost.dot.gov (Internet address).

SUPPLEMENTARY INFORMATION: The Department of Transportation system of

[[Page 2102]]

records notice subject to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended, has been published in the Federal Register and is available
from the above mentioned address.
DOT/TSA 010

Security Classification:
    Classified, sensitive.

System Name:
    Aviation Security Screening Records.

System Location:
    Records are maintained at the Office of National Risk Assessment,
Transportation Security Administration (TSA), 400 7th Street, SW.,
Washington, DC 20590.

Categories of Individuals Covered by the System:
    Individuals traveling to, from, or within the United States (U.S.)
by passenger air transportation; individuals who are deemed to pose a
possible risk to transportation or national security, a possible risk
of air piracy or terrorism, or a potential threat to airline or
passenger safety, aviation safety, civil aviation, or national
security.

Categories of Records in the System:
    Passenger Name Records (PNRs) and associated data; reservation and
manifest information of passenger carriers and, in the case of
individuals who are deemed to pose a possible risk to transportation
security, record categories may include: risk assessment reports;
financial and transactional data; public source information;
proprietary data; and information from law enforcement and intelligence
sources.

Authority for Maintenance of the System:
    49 U.S.C. 114, 44901, and 44903.

Purpose(s):
    The system will be used to facilitate the conduct of an aviation
security-screening program, including risk assessments to ensure
aviation security.

Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
    Information may be disclosed from this system as follows:
    (1) To appropriate Federal, State, territorial, tribal, local,
international, or foreign agencies responsible for investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, or license, where TSA becomes aware
of an indication of a violation or potential violation of civil or
criminal law or regulation.
    (2) To contractors, grantees, experts, consultants, agents and
other non-Federal employees performing or working on a contract,
service, grant, cooperative agreement, or other assignment from the
Federal government for the purpose of providing consulting, data
processing, clerical, or other functions to assist TSA in any function
relevant to the purpose of the system.
    (3) To Federal, State, territorial, tribal, and local law
enforcement and regulatory agencies--foreign, international, and
domestic--in response to queries regarding persons who may pose a risk
to transportation or national security; a risk of air piracy or
terrorism or a threat to airline or passenger safety; or a threat to
aviation safety, civil aviation, or national security.
    (4) To individuals and organizations, in the course of enforcement
efforts, to the extent necessary to elicit information pertinent to the
investigation, prosecution, or enforcement of civil or criminal
statutes, rules, regulations or orders regarding persons who may pose a
risk to transportation or national security; a risk of air piracy or
terrorism or a threat to airline or passenger safety; or a threat to
aviation safety, civil aviation, or national security.
    (5) To a Federal, State, or local agency, where such agency has
requested information relevant or necessary for the hiring or retention
of an individual, or issuance of a security clearance, license,
contract, grant, or other benefit.
    (6) To the news media in accordance with the guidelines contained
in 28 CFR 50.2, which relate to civil and criminal proceedings.
    (7) To the Department of State, or other Federal agencies concerned
with visas and immigration, and to agencies in the Intelligence
Community, to further those agencies' efforts with respect to persons
who may pose a risk to transportation or national security; a risk of
air piracy or terrorism or a threat to airline or passenger safety; or
a threat to aviation safety, civil aviation, or national security.
    (8) To international and foreign governmental authorities in
accordance with law and formal or informal international agreements.
    (9) In proceedings before any court, administrative, adjudicative,
or tribunal body before which TSA appears, when (a) TSA or (b) any
employee of TSA in his/her official capacity, or (c) any employee of
TSA in his/her individual capacity where TSA has agreed to represent
the employee, or (d) the U.S. or any agency thereof, where TSA
determines that the proceeding is likely to affect the U.S., is a party
to the proceeding or has an interest in such proceeding, and TSA
determines that use of such records is relevant and necessary in the
proceeding, provided, however, that in each case, TSA determines that
disclosure of the records in the proceeding is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    (10) To airports and aircraft operators, to the extent the
disclosure is deemed required in the interests of transportation
security.
    (11) To the National Archives and Records Administration (NARA) in
connection with records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.

Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
    Records are stored on computer at the Office of National Risk
Assessment in a secure facility. The records are stored on magnetic
disc, tape, digital media, and CD-ROM, and may be retained in hard copy
format in secure file folders. The computer system from which records
could be accessed is policy and security based with real-time auditing.

Retrievability:
    Data are retrievable by the name or other identifying information
of the individual, such as flight information.

Safeguards:
    Information in this system is safeguarded in accordance with
applicable rules and policies, including the Department's automated
systems security and access policies. The computer system from which
records could be accessed is policy and security based, meaning the
access is limited to those individuals who require it to perform their
official duties. It also maintains real-time auditing of individuals
who access the system. Classified information is appropriately stored
in a secured facility, databases, and containers and in accordance with
other applicable requirements, including those pertaining to classified
documents.

Retention and Disposal:
    A request is pending for NARA approval for the retention and
disposal of records in this system. For individuals who are deemed to
pose a possible risk to transportation security, TSA is requesting that
those records may be maintained for up to 50 years. For all other
individuals, those records

[[Page 2103]]

will be purged after completion of the individual's air travel to which
the record relates.

System Manager(s) and Address:
    Director, Office of National Risk Assessment, TSA, 400 7th St.,
SW., Washington, DC 20590.

Notification Procedures:
    None. Pursuant to 5 U.S.C. 552a(k), this system of records may not
be accessed for purposes of determining if the system contains a record
pertaining to a particular individual.

Record Access Procedures:
    Although the system is exempt from record access procedures
pursuant to 5 U.S.C. 552a(k), U.S. citizens and Permanent Resident
aliens may request access to records containing information they
provided by sending a written request to the System Manager. In the
case of air passengers, this data is contained in the passenger name
record (PNR). The request must identify the system from which the
individual is seeking records, and include a general description of the
records sought, the requester's full name, current address and date and
place of birth. The request must be signed and either notarized or
submitted under penalty of perjury.

Contesting Record Procedures:
    U.S. Citizens or Permanent Resident Aliens who wish to contest, or
seek amendment of, records containing information they provided, which
is maintained in the system, should direct their written requests to
the system manager listed above. Requests should clearly and concisely
state what information is being contested, the reason(s) for contesting
it, and the proposed amendment to the record. The request must also
contain the requester's full name, current address and date and place
of birth. The request must be signed and either notarized or submitted
under penalty of perjury.

Record Source Categories:
    This system contains investigative material compiled for law
enforcement purposes whose sources need not be reported.

Exemptions Claimed for the System:
    This system is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H) and (I), and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(1) and (k)(2).

    Dated: January 8, 2003.
Yvonne L. Coates,
Privacy Act Coordinator.
[FR Doc. 03-827 Filed 1-14-03; 8:45 am]

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