[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Notices]
[Pages 2101-2103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-827]


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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), 
[email protected] (Internet address).

SUPPLEMENTARY INFORMATION: The Department of Transportation system of

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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

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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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