[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Proposed Rules]
[Pages 53385-53386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19957]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST-1996-1437]
RIN 2105-AD22 and RIN 2105-AD23


Withdrawal of Proposed Rulemaking Actions

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Withdrawal of notices of proposed rulemaking.

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SUMMARY: This document withdraws two Office of the Secretary (OST) 
notices of proposed rulemaking (NPRM) that have been superseded by the 
transfer to the Department of Homeland Security (DHS) of the 
Transportation Security Administration (TSA). We inadvertently did not 
transfer this rulemaking to TSA when TSA moved to the Department of 
Homeland Security.

FOR FURTHER INFORMATION CONTACT: Jennifer Abdul-Wali, Office of the 
General Counsel, 400 Seventh Street, SW., Washington, DC 20590; (202) 
366-4723; fax: (202) 366-9313; e-mail: [email protected].

ADDRESSES: You may obtain a copy of this notice from the DOT public 
docket through the Internet at http://dms.dot.gov, docket number OST-
1996-1437. If you do not have access to the Internet, you may obtain a 
copy of the notice by United States mail from the Docket Management 
System, U.S. Department of Transportation, Room PL401, 400 Seventh 
Street, SW., Washington, DC 20590. You must identify docket number OST-
1996-1437 and request a copy of the notice entitled ``Withdrawal of 
Proposed Rulemaking Actions.''
    You may also review the public docket in person in the Docket 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket office is on the plaza level of the Department of 
Transportation. Additionally, you can also get a copy of this document 
from the Federal Register Web site at http://www.gpo.gov.

SUPPLEMENTARY INFORMATION: Under the Privacy Act of 1974, as amended, 
an agency that maintains a system of records may exempt that system 
from some of the provisions of the Privacy Act; the decision to do so 
is subject to 5 U.S.C. 553, requiring notice and opportunity for public 
comment. When TSA was part of DOT, we published rulemaking proposals to 
exempt a number of systems of records maintained by TSA from provisions 
of the Privacy Act. When TSA moved to DHS (March 1, 2003), those 
rulemaking proceedings had not been completed; they were started anew 
and finished by DHS.
    The Privacy Act record systems whose exemption proposals are 
affected by this action are:
    1. The Transportation Security Enforcement Record System (TSER), 
which would have enabled TSA to maintain a civil enforcement and 
inspections system for all modes of transportation for which TSA has 
security-related duties. This system would have covered information

[[Page 53386]]

regarding violations and potential violations of TSA security 
regulations (TSRs), and would have been used, generally, to review, 
analyze, investigate, and prosecute violations of TSRs.
    2. To facilitate TSA's performance of employment investigations for 
transportation workers, as required by 49 U.S.C. 114 and 44936, a 
system to be known as the Transportation Workers Employment 
Investigations system.
    3. To facilitate TSA's performance of employment investigations for 
its own workers, a system to be known as the Personnel Background 
Investigation Files System.
    4. Aviation Security-Screening Records would have enabled the TSA 
to maintain a security-screening system for air transportation. This 
system would have contained information regarding TSA's conduct of risk 
assessments required by 49 U.S.C. 114 and 44903. The system would have 
been used, generally, to review, analyze, and assess threats to 
transportation security and respond accordingly.
    For the reason outlined above, the Department is withdrawing these 
proposals.

    Issued in Washington, DC on July 19, 2004.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 04-19957 Filed 8-31-04; 8:45 am]
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