[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33383-33385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10632]


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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: Final rule.

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SUMMARY: TSA is issuing a final rule that will exempt the Registered 
Traveler Operations Files (DHS/TSA 015) from several provisions of the 
Privacy Act of 1974 to prevent the unauthorized disclosure of 
classified and law enforcement information.

DATES: Effective July 8, 2005.

FOR FURTHER INFORMATION CONTACT: Lisa Dean, Privacy Officer, Office of 
Transportation Security Policy, TSA-9, 601 South 12th Street, 
Arlington, VA 22202-4220; telephone (571) 227-3947.

SUPPLEMENTARY INFORMATION:

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.gpoaccess.gov/fr/index.html; or
    (3) Visiting the TSA's Law and Policy Web page at http://www.tsa.gov/public.
    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.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires TSA to comply with small entity requests for information 
and advice about compliance with statutes and regulations within TSA's 
jurisdiction. Any small entity that has a question regarding this 
document may contact the person listed in FOR FURTHER INFORMATION 
CONTACT. Persons can obtain further information regarding SBREFA on the 
Small Business Administration's Web page at http://www.sba.gov/advo/laws/law_lib.html.

[[Page 33384]]

Background

    On June 1, 2004, TSA published a notice in the Federal Register 
establishing a new system of records titled ``Registered Traveler 
Operations Files (DHS/TSA 015),'' which governs records related to the 
Registered Traveler (RT) pilot program. See 69 FR 30948. TSA is 
currently conducting a pilot program at a limited number of airports to 
test and evaluate the merits of the RT program, in which travelers may 
volunteer to undergo a limited security threat assessment in order to 
expedite the pre-boarding process.
    In conjunction with the establishment of Registered Traveler 
Operations Files (DHS/TSA 015), TSA published a notice of proposed 
rulemaking on September 8, 2004, to exempt this system of records from 
several provisions of the Privacy Act. See 69 FR 54256. Specifically, 
TSA proposed to exempt the system of records from 5 U.S.C. 552a(c)(3) 
(accounting of disclosures); (d) (access to records); (e)(1) (relevancy 
and necessity of information); (e)(4)(G), (H) and (I) (agency 
requirements); and (f) (agency rules) pursuant to exemptions (k)(1) and 
(k)(2) of the Act. TSA claimed these exemptions 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.
    TSA did not receive any comments on the proposed rule but made two 
minor, non-substantive changes. TSA revised Sec.  1507.3(i)(1) 
(Accounting for Disclosures) to reflect the fact that the 
``investigative interest'' involved may be on the part of the 
Department of Homeland Security or other law enforcement or recipient 
agencies. In Sec.  1507.3(i)(2) (Access to Records) TSA also revised 
the reference ``security sensitive information'' to read ``sensitive 
security information protected pursuant to 49 U.S.C. 114(s) and 49 CFR 
part 1520 * * *''. TSA therefore adopts the proposed rule as final with 
these minor modifications.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501. et seq.) 
requires that TSA consider the impact of paperwork and other 
information collection burdens imposed on the public and, under the 
provisions of PRA section 3507(d), obtain approval from the Office of 
Management and Budget (OMB) for each collection of information it 
conducts, sponsors, or requires through regulations. TSA has determined 
that there are no current or new information collection requirements 
associated with this rule.

Analysis of Regulatory Impacts

    This rule 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 rule will 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 rule will not impose Federal 
mandates on any State, local, or tribal government or the private 
sector.

Executive Order 13132, Federalism

    TSA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. We determined that this action will 
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 will 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 regulatory action under the provisions of the EPCA.

List of Subjects in 49 CFR Part 1507

    Privacy, Transportation security.

The Amendment

0
In consideration of the foregoing, the Transportation Security 
Administration amends part 1507 of Chapter XII, Title 49 of the Code of 
Federal Regulations, as follows:

PART 1507--PRIVACY ACT-EXEMPTIONS

0
1. The authority citation 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).


0
2. Add a new paragraph (i) to Sec.  1507.3 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 a 
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 Department of Homeland 
Security or another Federal law enforcement or other 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

[[Page 33385]]

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 
sensitive security information protected pursuant to 49 U.S.C. 114(s) 
and 49 CFR part 1520, the disclosure of which 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 
Registered Traveler 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 May 24, 2005.
David M. Stone,
Assistant Secretary.
[FR Doc. 05-10632 Filed 6-7-05; 8:45 am]
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