[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
[[Page 55273]]
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