Sorn

[Federal Register: November 18, 2008 (Volume 73, Number 223)]

[Notices]

[Page 68435-68439]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18no08-96]

[[Page 68435]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0178]

Privacy Act of 1974; Customs and Border Protection Advanced

Passenger Information System Systems of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of

Homeland Security (DHS), U.S. Customs and Border Protection (CBP) gives

notice that it is expanding its system of records for collecting

certain biographical information on all passengers and crew members who

arrive in or depart from, or transit through (and crew that over fly)

the United States on a covered air or vessel carrier, and, in the case

of crew members, those who continue domestically on a foreign air or

vessel carrier, to additionally encompass private aircraft, rail, and

bus travel. The system of records is the Advance Passenger Information

System.

DATES: The system of records will be effective December 18, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-

2008-0178 by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Fax: 1-866-466-5370.

Mail: Hugo Teufel III, 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 go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:

Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and

Procedures Branch, U.S. Customs and Border Protection, Office of

International Trade, Regulations & Rulings, Mint Annex, 1300

Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues

contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy

Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

The Aviation and Transportation Security Act of 2001 and the

Enhanced Border Security and Visa Entry Reform Act of 2002 provides

specific authority for the mandatory collection of certain information

on all passenger and crewmembers that arrive in or depart from the

United States via private aircraft, commercial air or vessel carrier.

Pursuant to existing regulations the information is required to be

collected and submitted to CBP as APIS data. Additionally, rail and bus

carriers may provide, voluntarily, similar information pertaining to

their passengers and crew, who arrive in or depart from the United

States. References to the types of information required to be submitted

in the air or vessel environment also pertain to the types of

information that may be voluntarily provided in the rail and bus

environments.

The information that is required to be collected and submitted to

APIS, as well as information which may be provided voluntarily by bus

and rail carriers, can be found on routine arrival/departure documents

that passengers and crewmembers must provide to CBP, when entering or

departing the United States. APIS includes complete name, date of

birth, gender, country of citizenship, passport/alien registration

number and country of issuance, passport expiration date, country of

residence, status on board the aircraft, vessel, or train, travel

document type, United States destination address (for all private

aircraft passengers and crew, and commercial air, rail, and vessel

passengers except for U.S. Citizens, lawful permanent residents, crew

and those in transit), place of birth and address of permanent

residence (commercial flight crew only), pilot certificate number and

country of issuance (flight crew only, if applicable) and the Passenger

Name Record (PNR) locator number. The PNR locator number allows CBP to

access PNR consistent with its regulatory authority under 19 CFR

122.49d and the system of records notice for the Automated Targeting

System, DHS/CBP-006, published August 6, 2007, 72 FR 43650.

Additionally, commercial air and vessel carriers must provide the

airline carrier code, flight number, vessel name, vessel country of

registry/flag, International Maritime Organization number or other

official number of the vessel, voyage number, date of arrival/

departure, foreign airport/port where the passengers and crew members

began their air/sea transportation to the United States; for commercial

aviation passengers and crew members destined for the United States,

the location where the passenger and crew members will undergo customs

and immigration clearance by CBP; and for commercial passengers and

crew members that are transiting through (and crew on flights over

flying) the United States and not clearing CBP, the foreign airport/

port of ultimate destination, and status on board (whether an

individual is crew or non-crew); and for commercial passengers and crew

departing the United States, the final foreign airport/port of arrival.

Lastly, pilots of private aircraft must provide the aircraft

registration number, type of aircraft, call sign (if available), CBP

issued decal number (if available), place of last departure (ICAO

airport code, when available), date and time of aircraft arrival (or

departure, for departure notice), estimated time and location of

crossing U.S. border/coastline, name of intended airport of first

landing,\2\ owner/lessee name (first, last and middle, if available, or

business entity name), owner/lessee address (number and street, city,

state, zip code, country, telephone number, fax number and email

address, pilot/private aircraft pilot name (last, first and middle, if

available), pilot license number, pilot street address (number and

street, city state, zip code, country, telephone number, fax number and

email address), pilot license country of issuance, operator name (for

individuals: Last, first and middle, if available, or name of business

entity, if available), operator street address (number and street,

city, state, zip code, country, telephone number, fax number and email

address), aircraft color(s), complete itinerary (foreign airport

landings within 24 hours prior to landing in the United States), and

24-hour Emergency point of contact (e.g., broker, dispatcher, repair

shop or other third party who is knowledgeable about this particular

flight, etc.) name (first, last, and middle (if available) and

telephone number (as applicable).

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\2\ As listed in 19 CFR 122.24, if applicable, unless an

exemption has been granted under 19 CFR 122.25, or the aircraft was

inspected by CBP Officers in the U.S. Virgin Islands.

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CBP will collect the passengers' and crewmembers' information that

is supplied by the pilot and/or air, vessel, bus, or rail carrier in

advance of a passenger's and crewmember's arrival in or departure from

(and, for crew on flights over flying) the United States and

[[Page 68436]]

maintains this information in the Advance Passenger Information System.

The information will be used to perform counterterrorism and/or

intelligence, law enforcement, and public security queries to identify

risks to the aircraft or vessel, to its occupants, or to the United

States and to expedite CBP processing.

Under a previous revision to the APIS rule (72 FR 48342 (Aug. 23,

2007)), CBP mandated pre-departure transmission by air and vessel

carriers of personally identifiable information about passengers and

crewmembers (including ``non-crew'' as defined in the 2005 APIS Final

Rule) traveling by air or sea, and arriving in, or departing from (and,

in the case of crew, flights overflying), the United States. See also

(70 FR 17852 (Apr. 7, 2005). Under the most recent Final Rule revision

to APIS, CBP amended its regulations to extend this requirement to

private aircraft passengers and crew as well. This information is often

collected and maintained on what is referred to as the manifest. The

information that is required to be collected and submitted to APIS, or

which may be provided voluntarily by carriers in the rail and bus

environments, can be found on routine travel documents that passengers

and crewmembers must provide when processed into or out of the United

States.

The purpose of the information collection is to screen passengers

and crew members arriving from foreign travel points and departing the

United States to identify those persons who may pose a risk to border,

aviation or public security, may be a terrorist or suspected terrorist

or affiliated with or suspected of being affiliated with terrorists,

may be inadmissible, may be a person of interest, or may otherwise be

engaged in activity in violation of U.S. law, or the subject of wants

or warrants. The system allows CBP to facilitate effectively and

efficiently the entry and departure of legitimate travelers into and

from the United States. Using APIS, DHS officers can quickly reference

the results of the advanced research that has been conducted through

CBP's law enforcement databases, including information from the TSDB

and information on individuals with outstanding wants or warrants,

confirm the accuracy of that information by comparison with information

obtained from the traveler (passenger and crew) and from the carriers,

and make immediate determinations as to a traveler's security risk,

admissibility and other determinations bearing on CBP's inspectional

and screening processes.

Information collected in APIS is maintained for a period of no more

than twelve months from the date of collection at which time the data

is erased from APIS. Following CBP processing, a copy of certain

information is transferred to the Border Crossing Information System, a

subsystem of the Information Technology platform, TECS. During physical

processing at the border, primary inspection lane and ID inspector are

added to APIS and the APIS information is verified. This information

derived from APIS includes (or in the case of rail/bus, may include):

Complete name, date of birth, gender, date of arrival, date of

departure, time arrived, means of arrival (air/sea/rail/bus), travel

document, departure location, airline code, flight number, and the

result of the CBP processing. Additionally, for individuals subject to

US-VISIT requirements, a copy of certain APIS data is transferred to

the Arrival and Departure Information System (ADIS) for effective and

efficient tracking of foreign nationals, including the identification

of lawfully admitted non-immigrants who remain in the United States

beyond the period of authorized stay. US-VISIT currently applies to all

visitors (with limited exemptions). The SORN for ADIS was last

published on August 22, 2007 (72 FR 47057). The information transferred

from APIS to ADIS includes: Complete name, date of birth, gender,

citizenship, country of residence, status on board the vessel, U.S.

destination address, passport number, expiration date of passport,

country of issuance (for non-immigrants authorized to work), alien

registration number, port of entry, entry date, port of departure, and

departure date.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory

framework governing the means by which the United States Government

collects, maintains, uses and disseminates personally identifiable

information. 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 from which information is

retrieved by the name of the 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 United States

citizens and lawful permanent residents. APIS involves the collection

of information that will be maintained in a system of records. 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. Individuals may

request access to their own records that are maintained in a system of

records in the possession or under the control of DHS by complying with

DHS Privacy Act regulations, 6 CFR Part 5.

The Privacy Act requires each agency to publish in the Federal

Register a description denoting the type and character of each system

of records that the agency maintains, and the routine uses that are

contained in each system to make agency recordkeeping practices

transparent, to notify individuals regarding the uses to which

personally identifiable information is put, and to assist the

individual to more easily find such files within the agency. Below is

the description of system of records referred to as the Advanced

Passenger Information System.

In accordance with 5 U.S.C. 552a(r), a report concerning this

record system has been sent to the Office of Management and Budget and

to the Congress.

System of Records:

DHS/CBP-005.

System Name:

Advanced Passenger Information System (APIS).

Security Classification:

Unclassified.

System Location:

This computer database is located at U.S. Customs and Border

Protection (CBP) National Data Center in Washington, DC. Computer

terminals are located at customhouses, border ports of entry, airport

inspection facilities under the jurisdiction of the Department of

Homeland Security (DHS) and other locations at which DHS authorized

personnel may be posted to facilitate DHS's mission. Terminals may also

be located at appropriate facilities for other participating government

agencies.

Categories of individuals covered by the system:

Categories of individuals covered by this notice consist of:

A. Passengers who arrive and depart the United States by air, sea,

rail, and bus, including those in transit through the United States or

beginning or concluding a portion of their international travel by

flying domestically within the United States,

B. Crew members who arrive and depart the United States by air,

sea, rail, and bus, including those in transit

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through the United States or beginning or concluding a portion of their

international travel by flying domestically within the United States,

and

C. Crew members on aircraft that over fly the United States.

Categories of records in the system:

The records in the database are comprised of the following

information: complete name, date of birth, gender, country of

citizenship, passport/alien registration number and country of

issuance, passport expiration date, country of residence, status on

board the aircraft, travel document type, United States destination

address (for all private aircraft passengers and crew, and commercial

air, rail, bus, and vessel passengers except for U.S. Citizens, lawful

permanent residents, crew and those in transit), place of birth and

address of permanent residence (commercial flight crew only), pilot

certificate number and country of issuance (flight crew only, if

applicable), the PNR locator number, primary inspection lane, ID

inspector, and records containing the results of comparisons of

individuals to information maintained in CBP's law enforcement

databases, as well as information from the TSDB, information on

individuals with outstanding wants or warrants, and information from

other government agencies regarding high risk parties.

In addition, air and sea carriers or operators, covered by the APIS

rules, and rail and bus carriers, to the extent voluntarily applicable,

transmit or provide, respectively, to CBP the following information:

Airline carrier code, flight number, vessel name, vessel country of

registry/flag, International Maritime Organization number or other

official number of the vessel, voyage number, date of arrival/

departure, foreign airport/port where the passengers and crew members

began their air/sea transportation to the United States; for passengers

and crew members destined for the United States, the location where the

passengers and crew members will undergo customs and immigration

clearance by CBP; and for passengers and crew members that are

transiting through (and crew on flights over flying) the United States

and not clearing CBP, the foreign airport/port of ultimate destination;

and for passengers and crew departing the United States, the final

foreign airport/port of arrival.

Lastly, pilots of private aircraft must provide the aircraft

registration number, type of aircraft, call sign (if available), CBP

issued decal number (if available), place of last departure (ICAO

airport code, when available), date and time of aircraft arrival,

estimated time and location of crossing U.S. border/coastline, name of

intended airport of first landing,\2\ owner/lessee name (first, last

and middle, if available, or business entity name), owner/lessee

address (number and street, city, state, zip code, country, telephone

number, fax number and email address, pilot/private aircraft pilot name

(last, first and middle, if available), pilot license number, pilot

street address (number and street, city, state, zip code, country,

telephone number, fax number and email address), pilot license country

of issuance, operator name (for individuals: Last, first and middle, if

available, or name of business entity, if available), operator street

address (number and street, city, state, zip code, country, telephone

number, fax number and email address), aircraft color(s), complete

itinerary (foreign airport landings within 24 hours prior to landing in

the United States), and 24-hour Emergency point of contact (e.g.,

broker, dispatcher, repair shop or other third party who is

knowledgeable about this particular flight, etc.) name (first, last,

and middle (if available) and telephone number. Incident to the

transmission of required information via eAPIS, records will also

incorporate the pilot's email address.

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\2\ As listed in 19 CFR 122.24, if applicable, unless an

exemption has been granted under 19 CFR 122.25, or the aircraft was

inspected by CBP Officers in the U.S. Virgin Islands.

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Authority for maintenance of the system:

The Aviation and Transportation Security Act of 2001, the Enhanced

Border Security and Visa Reform Act of 2002, and the Intelligence

Reform and Terrorism Prevention Act of 2004, also the Tariff Act of

1930, as amended, including 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448,

1459, 1590, 1594, 1623, 1624, 1644, and 1644a.

Purpose(s):

The purpose of the collection is to screen passengers and crew

arriving in, transiting through and departing from (and in the case of

crew, overflying) the United States to identify those passengers and

crew who may pose a risk to border, aviation, vessel, rail, bus, or

public security, may be a terrorist or suspected terrorist or

affiliated with or suspected of being affiliated with terrorists, may

be inadmissible, may be a person of interest, or may otherwise be

engaged in activity in violation of U.S. law, or the subject of wants

or warrants.

APIS allows CBP to facilitate more effectively and efficiently the

entry of legitimate travelers into the United States and the departure

of legitimate travelers from the United States. As travelers prepare to

depart for or from the United States, DHS officers, using APIS, can

quickly cross-reference the results of the advanced research that has

been conducted through CBP's law enforcement databases, as well as

using information from the TSDB, information on individuals with

outstanding wants or warrants, and information from other government

agencies regarding high risk parties, confirm the accuracy of that

information by comparison of it with information obtained from the

traveler and from the carriers, and make immediate determinations with

regard to the traveler's security risk, admissibility and other

determinations bearing on CBP's inspectional and screening processes.

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

In addition to those disclosures generally permitted under 5 U.S.C.

552a(b) of the Privacy Act, all or a portion of the records or

information contained in this system may be disclosed outside DHS as a

routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

A. To the U.S. Department of Justice (including U.S. Attorney

offices) or other Federal agency conducting litigation or in

proceedings before any court, adjudicative or administrative body, when

it is necessary to the litigation and one of the following is a party

to the litigation or has an interest in such litigation: (1) DHS, or

(2) any employee of DHS in his/her official capacity, or (3) any

employee of DHS in his/her individual capacity where DOJ or DHS has

agreed to represent said employee, or (4) the United States or any

agency thereof;

B. To a Congressional office, for the record of an individual in

response to an inquiry from that Congressional office made at the

request of the individual to whom the record pertains;

C. To the National Archives and Records Administration or other

Federal government agencies pursuant to records management inspections

being conducted under the authority of 44 U.S.C. Sections 2904 and

2906;

D. To an agency, organization, or individual for the purposes of

performing audit or oversight operations as authorized by law but only

such information as is necessary and relevant to such audit or

oversight function;

E. To appropriate agencies, entities, and persons when (1) it is

suspected or confirmed that the security or confidentiality of

information in the

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system of records has been compromised; (2) CBP 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 CBP or another agency or entity) or

harm to the individual that rely upon the compromised information; and

(3) the disclosure is made to such agencies, entities, and persons when

reasonably necessary to assist in connection with the CBP's efforts to

respond to the suspected or confirmed compromise and prevent, minimize,

or remedy such harm.

F. To contractors, grantees, experts, consultants, and others

performing or working on a contract, service, grant, cooperative

agreement, or other assignment for the Federal government, when

necessary to accomplish an agency function related to this system of

records, in compliance with the Privacy Act of 1974, as amended;

G. To appropriate Federal, State, local, international, tribal, or

foreign governmental agencies or multilateral governmental

organizations responsible for investigating or prosecuting the

violations of, or for enforcing or implementing, a statute, rule,

regulation, order, license, or treaty where DHS determines that the

information would assist in the enforcement of civil or criminal laws.

H. To a Federal, State, or local agency, or other appropriate

entity or individual, or through established liaison channels to

selected foreign governments, in order to provide intelligence,

counterintelligence, or other information for the purposes of

intelligence, counterintelligence, or antiterrorism activities

authorized by U.S. law, Executive Order, or other applicable national

security directive.

I. To a Federal, State, tribal, local or foreign government agency

or organization, or international organization, lawfully engaged in

collecting law enforcement intelligence information, whether civil or

criminal, or charged with investigating, prosecuting, enforcing or

implementing civil or criminal laws, related rules, regulations or

orders, to enable these entities to carry out their law enforcement

responsibilities, including the collection of law enforcement

intelligence.

J. To Federal and foreign government intelligence or

counterterrorism agencies or components where DHS reasonably believes

there to be a threat or potential threat to national or international

security for which the information may be useful in countering the

threat or potential threat, when DHS reasonably believes such use is to

assist in anti-terrorism efforts, and disclosure is appropriate to the

proper performance of the official duties of the person making the

disclosure.

K. To an organization or individual in either the public or private

sector, either foreign or domestic, where there is a reason to believe

that the recipient is or could become the target of a particular

terrorist activity or conspiracy, to the extent the information is

relevant to the protection of life, property or other vital interests

of a data subject and disclosure is proper and consistent with the

official duties of the person making the disclosure;

L. To appropriate Federal, state, local, tribal, or foreign

governmental agencies or multilateral governmental organizations, for

the purpose of protecting the vital interests of a data subject or

other persons, including to assist such agencies or organizations in

preventing exposure to or transmission of a communicable or

quarantinable disease or for combating other significant public health

threats; appropriate notice will be provided of any identified health

threat or risk;

M. To a court, magistrate, or administrative tribunal in the course

of presenting evidence, including disclosures to opposing counsel or

witnesses in the course of civil discovery, litigation, or settlement

negotiations, or in response to a subpoena, or in connection with

criminal law proceedings;

N. To third parties during the course of an law enforcement

investigation to the extent necessary to obtain information pertinent

to the investigation, provided disclosure is appropriate in the proper

performance of the official duties of the officer making the

disclosure;

O. To an appropriate Federal, state, local, tribal, territorial,

foreign, or international agency, if the information is relevant and

necessary to a requesting agency's decision concerning the hiring or

retention of an individual, or issuance of a security clearance,

license, contract, grant, or other benefit, or if the information is

relevant and necessary to a DHS decision concerning the hiring or

retention of an employee, the issuance of a security clearance, the

reporting of an investigation of an employee, the letting of a

contract, or the issuance of a license, grant or other benefit and when

disclosure is appropriate to the proper performance of the official

duties of the person making the request;

P. To appropriate Federal, state, local, tribal, or foreign

governmental agencies or multilateral governmental organizations where

CBP is aware of a need to utilize relevant data for purposes of testing

new technology and systems designed to enhance border security or

identify other violations of law;

Q. To the carrier who submitted traveler, passenger, or crew

information to CBP, but only to the extent that CBP provides a message

indicating that the individual is ``cleared'' or ``not cleared'' to

board the aircraft or depart on the vessel in response to the initial

transmission of information (including, where applicable, the

individual's ESTA status as discussed in The System of Record Notice

for ESTA, DHS/CBP-009, published at 73 FR 32720 (June 10, 2008)), or is

identified as a ``selectee''.

Disclosure to consumer reporting agencies:

None.

Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

The data is stored electronically at the CBP Data Center for

current data and offsite at an alternative data storage facility for

historical logs and system backups.

Retrievability:

The data is retrievable by name or other unique personal identifier

from an electronic database.

Safeguards:

Information in this system is safeguarded in accordance with

applicable laws, rules, and policies. All records are protected from

unauthorized access through appropriate administrative, physical, and

technical safeguards. These safeguards include role-based access

provisions, restricting access to authorized personnel who have a need-

to-know, using locks, and password protection identification features.

DHS file areas are locked after normal duty hours and the facilities

are protected from the outside by security personnel.

The system manager, in addition, has the capability to maintain

system back-ups for the purpose of supporting continuity of operations

and the discrete need to isolate and copy specific data access

transactions for the purpose of conducting security incident

investigations.

All communication links with the CBP datacenter are encrypted. The

Databases are fully Certified and Accredited in accordance with the

requirements of the Federal Information Security Management Act

(FISMA).

[[Page 68439]]

Although separate notice is being provided for APIS, it continues

to operate within the TECS information technology system architecture;

therefore APIS's technical infrastructure is covered by the approved

TECS Certification and Accreditation under the National Institute of

Standards and Technology. The last certification was in January 2006.

Retention and Disposal:

Information collected in APIS is maintained in this system for a

period of no more than twelve months from the date of collection at

which time the data is erased from APIS. As part of the vetting and CBP

clearance (immigration and customs screening and inspection) of a

traveler, information from APIS is copied to the Border Crossing

Information System, a subsystem of TECS. Additionally, for individuals

subject to US-VISIT requirements, a copy of certain APIS data is

transferred to the Arrival and Departure Information System (ADIS) for

effective and efficient processing of foreign nationals. The SORN for

ADIS was last published on August 22, 2007 (72 FR 47057). Different

retention periods apply for APIS data contained in those systems.

System Manager and address:

Director, Office of Automated Systems, U.S. Customs and Border

Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC

20229.

Notification procedure:

DHS allows persons (including foreign nationals) to seek

administrative access under the Privacy Act to information maintained

in APIS. Persons may only seek access to APIS data that has been

provided by the carrier and of which they are the subject. To determine

whether APIS contains records relating to you, write to the Customer

Service Center, OPA-CSC-Rosslyn, U.S. Customs and Border Protection,

1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone: 877-CBP-

5511).

Record access procedures:

Requests for notification or access must be in writing and should

be addressed to the Customer Service Center, OPA-CSC-Rosslyn, U.S.

Customs and Border Protection, 1300 Pennsylvania Avenue, NW.,

Washington, DC 20229 (phone: 877-CBP-5511). 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 and can

be found at http://www.dhs.gov/foia. 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 penalty of perjury.

If individuals are uncertain what agency handles the information,

they may seek redress through the DHS Traveler Redress Program

(``TRIP'') (See 72 FR 2294, dated January 18, 2007). Individuals who

believe they have been improperly denied entry, refused boarding for

transportation, or identified for additional screening by CBP may

submit a redress request through the TRIP. 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, seaports and train stations or at

U.S. land borders. Through TRIP, a traveler can request correction of

erroneous stored in other DHS databases through one application.

Redress requests should be sent to: DHS Traveler Redress Inquiry

Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-

4220 or online at http://www.dhs.gov/trip.

Contesting record procedures:

Individuals may seek redress and/or contest a record through

several different means that will be handled in the same fashion. If

the individual is aware the information is specifically handled by CBP,

requests may be sent directly to CBP at the Customer Service Center,

OPA-CSC-Rosslyn, U.S. Customs and Border Protection, 1300 Pennsylvania

Avenue, NW., Washington, DC 20229 (phone: 877-CBP-5511). If the

individual is uncertain what agency is responsible for maintaining the

information, redress requests may be sent to DHS TRIP at DHS Traveler

Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901,

Arlington, VA 22202-4220 or online at http://www.dhs.gov/trip.

Record source categories:

The system contains data received from private and commercial

aircraft pilots, operators/carriers, and vessel carriers regarding

passengers and crewmembers who arrive in, depart from, transit through

or overfly (in the case of flight crew only) the United States on

private aircraft, air, or, vessel carriers covered by APIS regulations.

The system also contains data to the extent voluntarily submitted by

rail and bus carriers regarding passengers and crewmembers who arrive

in, and/or depart from the United States. During physical processing at

the border, primary inspection lane and ID inspector are added to APIS,

and the APIS information is verified using the travel documents.

Additionally, records contain the results of comparisons of individuals

to information maintained in CBP law enforcement databases, as well as

information from the TSDB, information on individuals with outstanding

wants or warrants, and information from other government agencies

regarding high risk parties

Exemptions claimed for the system:

No exemption shall be asserted with respect to information

maintained in the system that is collected from a person and submitted

by that person's air or vessel carrier, if that person, or his or her

agent, seeks access or amendment of such information.

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 provision of the Privacy Act. This system

may also contain accountings of disclosures made with respect to

information maintained in the system. For these records or information

only, in accordance with 5 U.S.C. 552a(j)(2), and (k)(2), DHS will also

claim the original 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.

Dated: November 10, 2008.

Hugo Teufel III,

Chief Privacy Officer, Department of Homeland Security.

[FR Doc. E8-27205 Filed 11-17-08; 8:45 am]

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