[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55270-55274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21980]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2013-0020]


Privacy Act of 1974; Department of Homeland Security 
Transportation Security Administration--DHS/TSA-019 Secure Flight 
Records System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of modified Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/Transportation Security Administration--DHS/TSA-019 Secure 
Flight Records System of Records.'' This system of records allows the 
Department of Homeland Security/Transportation Security Administration 
to collect and maintain records on aviation passengers and certain non-
travelers to screen such individuals, before they access airport 
sterile areas or board aircraft, in order to identify and prevent a 
threat to aviation security or the lives of passengers and others. TSA 
is reissuing this system of records to update the categories of records 
to include whether a passenger will receive expedited, standard, or 
enhanced screening. The primary impact of this change will be the 
identification of additional passengers who are eligible for expedited 
screening at participating airport security checkpoints. This updated 
system will be included in the Department of Homeland Security's 
inventory of system of records.

DATES: Submit comments on or before October 10, 2013. This updated 
system will be effective upon publication except that the change to the 
categories of records will be effective 30 days after date of 
publication in the Federal Register.

ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0020 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Peter Pietra, Privacy Officer, TSA-36, Transportation Security 
Administration, 601 South 12th Street, Arlington, VA 20598-6036; email: 
[email protected]. For privacy questions, please contact: Jonathan R. 
Cantor, Acting Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS)/Transportation Security 
Administration (TSA) proposes to update and reissue a current DHS 
system of records titled, ``DHS/TSA-019 Secure Flight Records System of 
Records.'' This system of records notice was last updated on November 
19, 2012.\1\ TSA is modifying the DHS/TSA-019 Secure Flight Records 
system of records Categories of Records section in subsection (a) to 
add records containing the results from TSA's intelligence-driven risk-
based analysis of Secure Flight Passenger Data (SFPD). Secure Flight 
Passenger Data is full name, gender, date of birth, redress number or 
Known Traveler number, passport information (if applicable), 
reservation control number, record sequence number, record type, 
passenger update indicator, traveler reference number, and itinerary 
information. 49 CFR Sec.  1560.
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    \1\ 77 FR 69491 (Nov. 19, 2012).
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    Under sec. 4012(a)(1)-(2) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (IRTPA),\2\ Congress directed TSA and DHS to 
assume from aircraft operators the function of comparing aircraft 
operator passenger information to data in the Terrorist Screening 
Database (TSDB) maintained by the Terrorist Screening Center (TSC).\3\
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    \2\ Public Law 108-458, 118 Stat. 3638 (December 17, 2004).
    \3\ The TSC maintains the Federal government's consolidated and 
integrated terrorist watch list, known as the TSDB. The TSC was 
established by the Attorney General in coordination with the 
Secretary of State, the Secretary of Homeland Security, the Director 
of the Central Intelligence Agency, the Secretary of the Treasury, 
and the Secretary of Defense. The Attorney General, acting through 
the Director of the Federal Bureau of Investigation (FBI), 
established the TSC in support of Homeland Security Presidential 
Directive 6 (HSPD-6), dated September 16, 2003, which required the 
Attorney General to establish an organization to consolidate the 
Federal Government's approach to terrorism screening and to provide 
for the appropriate and lawful use of terrorist information in 
screening processes.

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[[Page 55271]]

    In order to implement this statutory directive, TSA promulgated the 
Secure Flight Program regulations \4\ for the purpose of enhancing the 
security of air travel in the United States and to support the federal 
government's counter-terrorism efforts by assisting in the detection of 
individuals on federal government watch lists who seek to travel by 
air, and to facilitate the secure travel of the public. TSA fully 
assumed the watch list matching function from aircraft operators and 
air carriers by November 2010.
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    \4\ 73 FR 64018 (Oct. 28, 2008).
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    TSA established the Secure Flight system of records and published 
the System of Records Notice (SORN) in the Federal Register on August 
23, 2007.\5\ TSA updated and republished the SORN in the Federal 
Register on November 9, 2007,\6\ and again on November 19, 2012.\7\ 
Information collection falls under OMB Control Number 1652-0046.
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    \5\ 72 FR 48392.
    \6\ 72 FR 63711.
    \7\ 77 FR 69491.
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    As part of TSA's ongoing efforts to identify appropriate security 
screening for commercial aviation travelers, TSA plans to implement a 
risk-based analysis of passenger and flight data provided through the 
computer system that processes Secure Flight and other data. TSA is 
amending the Secure Flight SORN to reflect this addition to TSA's 
passenger prescreening capabilities. Prescreening involves the use of 
information to make decisions before the passenger receives a boarding 
pass, to determine what level of physical screening the passenger will 
receive when he or she arrives at the TSA airport security checkpoint. 
This change is part of TSA's ongoing efforts to identify appropriate 
screening for travelers, including those who present a lower security 
risk. The primary result of this change will be the identification of 
passengers who are eligible for expedited screening at participating 
airport security checkpoints.\8\
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    \8\ Passengers who are eligible for expedited screening are 
referred to a TSA Pre[ballot]\TM\ expedited screening lane where 
they typically will be able to leave on their shoes, light 
outerwear, and belt, to keep their laptop in its case, and to keep 
their 3-1-1 compliant liquids/gels bag in a carry-on. TSA 
Pre[ballot]\TM\ lanes are available at 40 airports nationwide, with 
additional expansion planned. See TSA Pre[ballot]\TM\ Now Available 
at 40 Airports Nationwide: Expedited Screening Begins at Raleigh-
Durham International Airport, http://www.tsa.gov/press/releases/2013/03/28/tsa-pre%E2%9C%93%E2%84%A2-now-available-40-airports-nationwide-expedited-screening-begins.
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Risk-based Analysis of Passenger and Flight Data

    TSA's risk-based analysis is designed to increase the number of 
airline passengers who may be eligible for expedited screening.\9\ The 
risk-based analysis is applied to secure flight passenger data, 
including travel itinerary, that TSA already receives pursuant to the 
Secure Flight regulations, and to frequent flyer information that 
aircraft operators submit to TSA. TSA is not collecting any new 
passenger information for the risk-based analysis.
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    \9\ Individuals who are a match to a watch list, however, are 
not eligible for expedited screening.
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    TSA's risk-based analysis of SFPD also may be used to give greater 
scrutiny to a particular flight or individual when, based on current 
intelligence or other factors, TSA concludes that there is greater 
risk. That greater scrutiny could result in more passengers receiving 
Selectee screening, fewer passengers receiving expedited screening, or 
other security procedures not visible to the general public.
    The risk-based analysis includes a level of randomness to ensure 
unpredictable results. One potential result of the randomness is that a 
passenger who might otherwise receive expedited screening as a result 
of this process may instead be randomly selected to receive standard 
screening or enhanced screening, such as explosives detection testing.
    Passengers who are a match to a watch list will continue to receive 
an appropriate screening; this change will not affect those 
populations. For all other passengers, the passenger prescreening 
computer system will conduct risk-based analysis of passenger data 
using the SFPD that TSA already receives from aircraft operators 
pursuant to the Secure Flight regulations, and frequent flyer 
information that aircraft operators submit to TSA. TSA will then review 
this information using intelligence-driven, risk-based analysis to 
determine whether individual passengers will receive expedited, 
standard, or enhanced screening; the results will be indicated on the 
passenger's boarding pass.
    No one will be denied the ability to fly or to enter the sterile 
area \10\ of an airport based on the results of the risk-based 
analysis. The primary result of the risk-based analysis will be the 
identification of passengers who are eligible for expedited screening 
at participating airport security checkpoints.
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    \10\ ``Sterile area'' means a portion of an airport defined in 
the airport security program that provides passengers access to 
boarding aircraft and to which the access generally is controlled by 
TSA, an aircraft operator, or a foreign air carrier through the 
screening of persons and property. 49 CFR Sec.  1540.5.
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II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency for which information is retrieved by the name 
of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/TSA-019 Secure Flight Records 
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records

Department of Homeland Security (DHS)/Transportation Security 
Administration (TSA)-019.
System name:
    DHS/TSA-019 Secure Flight Records.

Security classification:
    Unclassified; Sensitive Security Information.

System location:
    Records are maintained at the Transportation Security 
Administration (TSA), 601 South 12th Street, Arlington, VA, and at 
other secure TSA facilities in Annapolis Junction, Maryland and 
Colorado Springs, Colorado. Records also may be maintained at the 
secured facilities of contractors or other parties that perform 
functions under the Secure Flight program.

[[Page 55272]]

Categories of individuals covered by the system:
    (a) Individuals who attempt to make reservations for travel on, 
have traveled on, or have reservations to travel on a flight operated 
by a U.S. aircraft operator, or a flight into, out of, or overflying 
the United States that is operated by a foreign air carrier, or flights 
operated by the U.S. government, including flights chartered or leased 
by the U.S. government;
    (b) Non-traveling individuals who seek to obtain authorization from 
an aircraft or airport operator to enter the sterile area of an 
airport;
    (c) For flights that TSA grants a request by the operators of 
leased or charter aircraft with a maximum take-off weight over 12,500 
pounds to screen the individuals using Secure Flight, the following 
individuals: (1) individuals who seek to charter or lease an aircraft 
with a maximum take-off weight over 12,500 pounds or who are proposed 
to be transported on or operate such charter aircraft; and (2) owners 
and/or operators of such chartered or leased aircraft;
    (d)(1) Known or suspected terrorists identified in the Terrorist 
Screening Database (TSDB) maintained by the Terrorist Screening Center 
(TSC); and (2) individuals identified on classified and unclassified 
governmental databases such as law enforcement, immigration, or 
intelligence databases;
    (e) Individuals who have been distinguished from individuals on a 
watch list through a redress process, or other means; and
    (f) Individuals who are identified as Known Travelers for whom the 
federal government has conducted a security threat assessment and 
determined do not pose a security threat.

Categories of records in the system:
    (a) Records containing passenger and flight information (e.g., full 
name, date of birth, gender, redress number, known traveler number, 
passport information, frequent flyer designator code or other identity 
authentication/verification code obtained from aircraft operators, and 
itinerary); records containing the results of risk-based analysis in 
the TSA passenger prescreening system, including boarding pass printing 
results; records containing information about non-traveling individuals 
seeking access to an airport sterile area for a purpose approved by 
TSA; and records containing information about individuals who seek to 
charter, lease, operate or be transported on aircraft with a maximum 
take-off weight over 12,500 pounds if TSA grants the request of an 
aircraft owner or operator to use Secure Flight;
    (b) Records containing information from an individual's form of 
identification or a physical description of the individual;
    (c) Records obtained from the TSC of known or suspected terrorists 
in the TSDB; and records regarding individuals identified on classified 
and unclassified governmental watch lists;
    (d) Records containing the matching analyses and results of 
comparisons of individuals to the TSDB and other classified and 
unclassified governmental watch lists.
    (e) Records related to communications between or among TSA and 
aircraft operators, airport operators, owners and/or operators of 
leased or charter aircraft with a maximum take-off weight over 12,500 
pounds, TSC, law enforcement agencies, intelligence agencies, and 
agencies responsible for airspace safety or security, regarding the 
screening status of passengers or non-traveling individuals and any 
operational responses to individuals identified in the TSDB;
    (f) Records of the redress process that include information on 
known misidentified persons, including any Redress Number assigned to 
those individuals;
    (g) Records that track the receipt, use, access, or transmission of 
information as part of the Secure Flight program;
    (h) Electronic System for Travel Authorization status code 
generated by U.S. Customs and Border Protection (CBP) for international 
travelers; and
    (i) Records containing information about individuals who are 
identified as Known Travelers.

Authority for maintenance of the system:
    49 U.S.C. 114, 40113, 44901, 44903, and 44909.

Purpose(s):
    The Secure Flight Records system will be used to identify and 
protect against potential and actual threats to transportation security 
and support the Federal Government's counterterrorism efforts by 
assisting in the identification of individuals who warrant further 
scrutiny prior to boarding an aircraft or seek to enter a sterile area 
or who warrant denial of boarding or denial of entry to a sterile area 
on security grounds. It also will be used to identify individuals who 
are lower risk and therefore may be eligible for expedited screening at 
the airport security checkpoint. Both of these functions are designed 
to facilitate the secure travel of the public.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) To the TSC in order to: (a) Determine whether an individual is 
a positive identity match to an individual identified as a known or 
suspected terrorist in the watch list; (b) allow redress of passenger 
complaints; (c) facilitate an operational response, if one is deemed 
appropriate, for individuals who are a positive identity match to an 
individual identified as a known or suspected terrorist in the watch 
list; (d) provide information and analysis about terrorist encounters 
and known or suspected terrorist associates to appropriate domestic and 
foreign government agencies and officials for counterterrorism 
purposes; and (e) perform technical implementation functions necessary 
for the Secure Flight program.
    (2) To contractors and their agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for DHS, when 
necessary to accomplish an agency function related to this system of 
records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to DHS officers and employees.
    (3) To aircraft operators, foreign air carriers, airport operators, 
the Department of Transportation, and the Department of Defense or 
other U.S. government agencies or institutions, to communicate 
individual screening status, and facilitate an operational response, 
where appropriate, to individuals who pose or are suspected of posing a 
risk to transportation or national security.
    To aircraft operators or foreign air carriers, to communicate 
individual screening status, where appropriate, to individuals who are 
a low risk to transportation or National security
    (4) To owners or operators of leased or charter aircraft to 
communicate individual screening status and facilitate an operational 
response, where appropriate, to individuals who pose or are suspected 
of posing a risk to transportation or national security.
    (5) To the appropriate federal, state, local, tribal, territorial, 
or foreign, agency regarding or to identify individuals who pose, or 
are under reasonable suspicion of posing, a risk to transportation or 
national security.
    (6) To the Department of Justice (DOJ) or other Federal agency for 
purposes of conducting litigation or administrative proceedings, when: 
(a) the Department

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of Homeland Security (DHS), or (b) any employee or former employee of 
DHS in his/her official capacity, or (c) any employee or former 
employee of DHS in his/her individual capacity where the DOJ or DHS has 
agreed to represent the employee, or (d) the United States or any 
agency thereof, is a party to the litigation or proceeding or has an 
interest in such litigation or proceeding.
    (7) To the National Archives and Records Administration (NARA) or 
other Federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (8) To a congressional office in response to an inquiry from that 
congressional office made at the request of the individual.
    (9) To the Government Accountability Office or other agency, 
organization, or individual for the purposes of performing authorized 
audit or oversight operations, but only such information as is 
necessary and relevant to such audit and oversight functions.
    (10) To the appropriate federal, state, local, tribal, territorial, 
or foreign agency responsible for investigating, prosecuting, 
enforcing, or implementing a statute, rule, regulation, or order 
regarding a violation or potential violation of civil or criminal law, 
regulation, or order when such disclosure is proper and consistent with 
the performance of the official duties of the person making the 
disclosure.
    (11) To international and foreign governmental authorities in 
accordance with law and formal or informal international agreements 
when such disclosure is proper and consistent with the performance of 
the official duties of the person making the disclosure.
    (12) To appropriate agencies, entities, and persons when (a) TSA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) TSA has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by TSA or another agency 
or entity) that rely upon the compromised information; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with TSA's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.
    (13) To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, 
including the World Health Organization, for purposes of assisting such 
agencies or organizations in preventing exposure to or transmission of 
communicable or quarantinable disease or for combating other 
significant public health threats; appropriate notice will be provided 
of any identified health threat or risk.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained at the Transportation Security 
Administration, 601 South 12th Street, Arlington, VA, and at other 
secure TSA facilities in Annapolis Junction, Maryland and Colorado 
Springs, Colorado. Records also may be maintained at the secured 
facilities of contractors or other parties that perform functions under 
the Secure Flight program. The records are stored on magnetic disc, 
tape, digital media, and CD-ROM, and may also be retained in hard copy 
format in secure file folders or safes.

Retrievability:
    Data are retrievable by the individual's name or other identifier, 
as well as non-identifying information such as itinerary.

Safeguards:
    All records are protected from unauthorized access through 
appropriate administrative, physical, and technical safeguards. The 
system is also protected through a multi-layer security approach. The 
protective strategies are physical, technical, administrative and 
environmental in nature and provide role-based access control to 
sensitive data, physical access control to DHS facilities, 
confidentiality of communications, including encryption, authentication 
of sending parties, compartmentalizing databases; auditing software and 
personnel screening to ensure that all personnel with access to data 
are screened through background investigations commensurate with the 
level of access required to perform their duties.
    Information in this system is safeguarded in accordance with 
applicable rules and policies, including any applicable TSA and DHS 
automated systems security and access policies. The system will be in 
compliance with Office of Management and Budget and National Institute 
of Standards and Technology guidance. Access to the computer system 
containing the records in this system of records is limited to those 
individuals who require it to perform their official duties. The 
computer system also maintains a real-time audit of individuals who 
access the system.

Retention and disposal:
    Records relating to an individual determined by the automated 
matching process to be neither a match nor or potential match to a 
watchlist will be destroyed within seven days after completion of the 
last leg of the individual's directional travel itinerary. Records 
relating to an individual determined by the automated matching process 
to be a potential watch list match will be retained for seven years 
after the completion of the individual's directional travel itinerary. 
Records relating to an individual determined to be a confirmed 
watchlist match will be retained for 99 years after the date of match 
confirmation.
    Lists of individuals stored in Secure Flight, such as individuals 
identified as Known Travelers and individuals who have been 
disqualified from eligibility to receive expedited screening as a 
result of their involvement in certain security incidents, will be 
deleted or destroyed when superseded by an updated list.

System Manager and address:
    Secure Flight Mission Support Branch Manager, Transportation 
Security Administration, TSA-19, 601 South 12th Street, Arlington, VA, 
20598-6019.

Notification Procedure:
    To determine whether this system contains records relating to you, 
write to the Freedom of Information Act Office, Transportation Security 
Administration, TSA-20, 601 South 12th Street, Arlington, VA 20598-
6020.

Record access procedures:
    Requests for records access must be in writing and should be 
addressed to the Freedom of Information Act Office, Transportation 
Security Administration, TSA-20, 601 South 12th Street, Arlington, VA, 
20598-6020. Requests should conform to the requirements of 6 CFR part 
5, Subpart B, which provides the rules for requesting access to Privacy 
Act records maintained by DHS. The envelope and letter should be 
clearly marked ``Privacy Act Access Request.'' The request should 
include a general description of the records sought and must include 
the requester's full name, current address, and date and place of 
birth. The request must be signed and either notarized or submitted 
under

[[Page 55274]]

penalty of perjury. Some information may be exempt from access 
provisions. An individual who is the subject of a record in this system 
may access those records that are not exempt from disclosure. A 
determination whether a record may be accessed will be made at the time 
a request is received.
    Individuals who believe they have been improperly denied entry by 
CBP, refused boarding for transportation, or identified for additional 
screening may submit a redress request through the DHS Traveler Redress 
Program (``TRIP'') (see 72 FR 2294, January 18, 2007). TRIP is a single 
point of contact for individuals who have inquiries or seek resolution 
regarding difficulties they experienced during their travel screening 
at transportation hubs--like airports and train stations or crossing 
U.S. borders. Through TRIP, a traveler can correct erroneous data 
stored in Secure Flight and other data stored in other DHS databases 
through one application. Additionally, for further information on the 
Secure Flight program and the redress options please see the 
accompanying Privacy Impact Assessment for Secure Flight published on 
the DHS Web site at www.dhs.gov/privacy. Redress requests should be 
sent to: DHS Traveler Redress Inquiry Program (TRIP), TSA-901, 601 
South 12th Street, Arlington, VA 20598-6036 or online at http://www.dhs.gov/trip.

Contesting Record Procedures:
    Same as ``Notification Procedure'' and ``Record Access Procedure'' 
above.

Record Source Categories:
    Information contained in the system is obtained from U.S. aircraft 
operators, foreign air carriers, the owners and operators of leased or 
charter aircraft with a maximum take-off weight over 12,500 pounds who 
request TSA screening, the TSC, TSA employees, airport operators, 
Federal executive branch agencies, Federal judicial and legislative 
branch entities, State, local, international, and other governmental 
agencies, private entities for Known Traveler program participants, and 
the individuals to whom the records in the system pertain.

Exemptions claimed for the system:
    No exemption will be asserted with respect to identifying 
information, or flight information, obtained from passengers, non-
travelers, and aircraft owners or operators.
    This system, however, may contain records or information recompiled 
from or created from information contained in other systems of records, 
which are exempt from certain provisions of the Privacy Act. For these 
records or information only, in accordance with 5 U.S.C. 552a(j)(2) and 
(k)(2), TSA claims the following exemptions for these records or 
information from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the 
Privacy Act of 1974, as amended, as necessary and appropriate to 
protect such information. Certain portions or all of these records may 
be exempt from disclosure pursuant to these exemptions. A Final Rule 
was promulgated in accordance with the requirements of 5 U.S.C. 553(b), 
(c) and (e) and can be found at 72 FR 63706 (Nov. 9, 2007).

    Dated: September 4, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer. Department of Homeland Security.
[FR Doc. 2013-21980 Filed 9-9-13; 8:45 am]
BILLING CODE 9110-05-P