[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Proposed Rules]
[Pages 54256-54258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20252]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1507

[Docket No. TSA-2004-18984, Amendment 1507-1]
RIN 1652-AA36


Privacy Act of 1974: Implementation of Exemptions; Registered 
Traveler Operations Files

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: TSA proposes to exempt the Registered Traveler Operations 
Files (DHS/TSA 015) from several provisions of the Privacy Act. Public 
comment is invited.

DATES: Submit comments by October 8, 2004.

ADDRESSES: You must identify the TSA docket number when you submit 
comments to this rulemaking, using any one of the following methods:
    Comments Filed Electronically: You may submit comments through the 
docket Web site at http://dms.dot.gov. Please be aware that anyone is 
able to search the electronic form of all comments received into any of 
our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the applicable Privacy Act 
Statement published in the Federal Register on April 11, 2000 (65 FR 
19477), or you may visit http://dms.dot.gov.
    You also may submit comments through the Federal eRulemaking portal 
at http://www.regulations.gov.
    Comments Submitted by Mail, Fax, or In Person: Address or deliver 
your written, signed comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001; Fax: 202-493-2251.
    Reviewing Comments in the Docket: You may review the public docket 
containing comments in person in the Dockets Office between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is located on the plaza level of the NASSIF Building at the 
Department of Transportation address above. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.

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    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Conrad Huygen, Privacy Act Officer, 
TSA Office of Information Management Programs, TSA-17, West Tower, 11th 
Floor, 601 S. 12th Street, Arlington, VA 22202-4220; telephone (571) 
227-1954; facsimile (571) 227-2912.

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate in this rulemaking by 
submitting written comments, data, or views. We also invite comments 
relating to the economic, environmental, energy, or federalism impacts 
that might result from adopting the proposals in this document. See 
ADDRESSES above for information on where to submit comments.
    With each comment, please include your name and address, identify 
the docket number at the beginning of your comments, and give the 
reason for each comment. The most helpful comments reference a specific 
portion of the proposal, explain the reason for any recommended change, 
and include supporting data. You may submit comments and material 
electronically, in person, or by mail as provided under ADDRESSES, but 
please submit your comments and material by only one means. If you 
submit comments by mail or delivery, submit them in two copies, in an 
unbound format, no larger than 8.5 by 11 inches, suitable for copying 
and electronic filing.
    If you want TSA to acknowledge receipt of your comments on this 
rulemaking, include with your comments a self-addressed, stamped 
postcard on which the docket number appears. We will stamp the date on 
the postcard and mail it to you.
    Except for comments containing confidential information and SSI, we 
will file in the public docket all comments we receive, as well as a 
report summarizing each substantive public contact with TSA personnel 
concerning this rulemaking. The docket is available for public 
inspection before and after the comment closing date.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late to the extent 
practicable. We may change this rulemaking in light of the comments we 
receive.

Availability of Rulemaking Document

    You may obtain an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html; or
    (3) Visiting the TSA's Law and Policy Web page at http://www.tsa.dot.gov/public/index.jsp.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this rulemaking.

Background

    TSA plans to conduct a pilot program at a limited number of 
airports to test and evaluate the merits of a registered traveler 
program (RT), in which travelers may volunteer to undergo a limited 
security threat assessment in order to expedite the pre-boarding 
process. In the RT pilot, TSA would positively identify volunteer 
travelers using advanced identification technology and then conduct a 
security threat assessment to ensure that the volunteer does not pose a 
security threat. TSA believes that this process has the potential to 
enhance the allocation of its limited security resources on individuals 
who are more likely to pose a security threat. However, it is important 
to note that all travelers who volunteer and are deemed eligible for 
the RT pilot program will be required to undergo physical screening at 
the screening checkpoint in the selected pilot locations.

Summary of Proposed Rule

    In conjunction with the establishment of a new system of records to 
facilitate the RT Pilot Program, Registered Traveler Operations Files 
(DHS/TSA 015), TSA proposes to exempt portions of the system from 5 
U.S.C. 552a(c)(3) (accounting of disclosures), (d) (access to records), 
(e)(1) (relevancy of necessary information), (e)(4)(G), (H) and (I) 
(agency requirements), and (f) (agency rules) pursuant to exemptions 
(k)(1) and (k)(2) of the Act. These exemptions are being claimed in 
accordance with the Privacy Act so that the security aspects of the 
system may properly function and to prevent the unauthorized disclosure 
of classified and law enforcement information.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that TSA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no current or new information collection requirements associated 
with this proposed rule.

Analysis of Regulatory Impacts

    This proposal is not a ``significant regulatory action'' within the 
meaning of Executive Order 12886. Because the economic impact should be 
minimal, further regulatory evaluation is not necessary. Moreover, I 
certify that this proposal would not have a significant economic impact 
on a substantial number of small entities, because the reporting 
requirements themselves are not changed and because it applies only to 
information on individuals.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. 
L. 104-4, 109 Stat. 48), requires Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments, and the private sector. UMRA requires a written statement 
of economic and regulatory alternatives for proposed and final rules 
that contain Federal mandates. A ``Federal mandate'' is a new or 
additional enforceable duty, imposed on any State, local, or tribal 
government, or the private sector. If any Federal mandate causes those 
entities to spend, in aggregate, $100 million or more in any one year 
the UMRA analysis is required. This proposal would not impose Federal 
mandates on any State, local, or tribal government or the private 
sector.

Executive Order 13132, Federalism

    TSA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore would not have federalism implications.

Environmental Analysis

    TSA has reviewed this action for purposes of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has 
determined that this action will not have a significant effect on the 
human environment.

Energy Impact

    The energy impact of this document has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA) Public Law 94-163, 
as amended (42 U.S.C. 6362). We have determined that this rulemaking is 
not a major

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regulatory action under the provisions of the EPCA.

List of Subjects in 49 CFR Part 1507

    Privacy, Transportation Security.

The Proposed Amendment

    In consideration of the foregoing, the Transportation Security 
Administration proposes to amend Part 1507 of Chapter XII, Title 49 of 
the Code of Federal Regulations, as follows:

PART 1507 PRIVACY ACT--EXEMPTIONS

    1. The authority cited for part 1507 is revised to read as follows:

    Authority: 49 U.S.C. 114(l)(1), 40113, 5 U.S.C. 552a(j) and (k).

    2. Section 1507.3 is revised by adding a new paragraph (i) to read 
as follows:


Sec.  1507.3  Exemptions.

* * * * *
    (i) Registered Traveler Operations Files (DHS/TSA 015)
    The purpose of this system is to pre-screen and positively identify 
volunteer travelers using advanced identification technologies and 
conduct security threat assessment to ensure that the volunteer does 
not pose a security threat. This system may expedite the pre-boarding 
process for the traveler and improve the allocation of TSA's security 
resources on individuals who may pose a security threat. Pursuant to 
exemptions (k)(1) and (k)(2) of the Privacy Act, DHS/TSA 015 is exempt 
from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). 
Exemptions from the particular subsections are justified for the 
following reasons:
    (1) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of 
heightened security concerns relating to an actual or potential 
criminal, civil, or regulatory violation to the existence of an 
investigative interest on the part of the Transportation Security 
Administration as well as the recipient agency. Disclosure of the 
accounting would therefore present a serious impediment to 
transportation security law enforcement efforts and efforts to preserve 
national security. Disclosure of the accounting would also permit the 
individual who is the subject of a record to impede the program 
suitability determination, which undermines the entire system.
    (2) From subsection (d) (Access to Records) because access to some 
of the records contained in this system of records could permit the 
individual who is the subject of a record to impede the program 
suitability determination. Amendment of the records would interfere 
with ongoing security assessment investigations and program suitability 
determinations and impose an impossible administrative burden by 
requiring such investigations to be continuously reinvestigated. The 
information contained in the system may also include classified 
information, the release of which would pose a threat to national 
defense and/or foreign policy. In addition, permitting access and 
amendment to such information also could disclose security-sensitive 
information that could be detrimental to transportation security.
    (3) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of screening applicants for program suitability, 
TSA must be able to review information from a variety of sources. What 
information is relevant and necessary may not always be apparent until 
after the evaluation is completed. In the interests of transportation 
security, it is appropriate to include a broad range of information 
that may aid in determining an applicant's suitability for the RT 
program.
    (4) From subsections (e)(4)(G), (H) and (I) (Agency Requirements), 
and (f) (Agency Rules), because this system is exempt from the access 
and amendment provisions of subsection (d).

    Issued in Arlington, Virginia, on August 30, 2004.
Susan T. Tracey,
Chief Administrative Officer.
[FR Doc. 04-20252 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-62-P