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soliciting comments concerning the
following information collection:
Title: Passenger List/Crew List.
OMB Number: 1651–0103.
Form Number: Form I–418.
Abstract: CBP Form I–418 is
prescribed by CBP, for use by masters,
owners, or agents of vessels in
complying with Sections 231 and 251 of
the Immigration and Nationality Act
(INA). This form is filled out upon
arrival and departure of any person by
commercial vessel at any port within
the United States from any place outside
the United States. The master or
commanding officer of the vessel is
responsible for providing CBP officers at
the port of arrival and departure with
lists or manifests of the persons on
board such conveyances. CBP is
currently working to allow for electronic
submission of the information on CBP
Form I–418. This form is provided for
in 8 CFR 251.1, and 251.3. A copy of
CBP Form I–418 can be found at http://
www.cbp.gov/sites/default/files/
documents/CBP%20Form%20I-418.pdf.
Current Actions: This submission is
being made to reinstate this previously
approved information collection with a
change to the burden hours resulting
from updated estimates of the number of
I–418s filed. There are no changes to the
information collected or to Form I–418.
Type of Review: Reinstatement (with
change).
Affected Public: Businesses.
Estimated Number of Respondents:
48,000.
Estimated Time per Respondent: 1
hour.
Estimated Total Annual Hours:
48,000.
Dated: May 6, 2015.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2015–11335 Filed 5–8–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0021]
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Privacy Act of 1974; Department of
Homeland Security U.S. Customs and
Border Protection-007 Border Crossing
Information System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
SUMMARY:
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Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/U.S. Customs and Border
Protection-007 Border Crossing
Information(BCI) System of Records.’’
This system of records allows U.S.
Customs and Border Protection to
collect and maintain records on border
crossing information for all individuals
who enter, are admitted or paroled into,
and (when available) exit from the
United States, regardless of method or
conveyance. Border crossing
information includes certain biographic
and biometric information; photographs;
certain mandatory or voluntary itinerary
information provided by air, sea, bus,
and rail carriers or any other forms of
passenger transportation; and the time
and location of the border crossing.
This system of records notice was
previously published in the Federal
Register on May 28, 2013 (78 FR 31958).
A Final Rule exempting portions of this
system from certain provisions of the
Privacy Act was published on February
3, 2010, and remains in effect (75 FR
5491). The Department of Homeland
Security/U.S. Customs and Border
Protection is updating the categories of
records to include the capture of
biometric information including digital
fingerprints, photographs, and iris scans
at the border as part of the Department’s
ongoing effort to better reflect the
categories of records in its collection of
information. U.S. Customs and Border
Protection also is updating the system of
records notice to include the collection
of records, including photographs of
scars, marks, tattoos, and palm prints
from individuals in connection with the
biometric sharing between the
Integrated Automated Fingerprint
Identification System/Next Generation
Identification of the Department of
Justice/Federal Bureau of Investigation
and the Department of Homeland
Security Automated Biometric
Identification System information
technology platform. Finally, U.S.
Customs and Border Protection is
updating the categories of records
collected from an associated Advance
Passenger Information System
transmission to accurately represent
collection of personally identifiable
information at the border.
The Department of Homeland
Security/U.S. Customs and Border
Protection is updating this system of
records notice to provide notice of the
collection of biometric information from
U.S. citizens and certain aliens upon
arrival to, and departure from, the
United States.
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The exemptions for the existing
system of records notice published May
28, 2013 (78 FR 31958) continue to
apply for this updated system of records
for those categories of records listed in
the previous BCI System of Records
Notice. However, U.S. Customs and
Border Protection will issue an updated
notice and Final Rule to address that
certain records ingested from the
Advance Passenger Information System
(APIS) (see DHS/CBP–005 Advance
Passenger Information System (APIS)
SORN, 80 FR 13407 (March 13, 2015))
will continue to be covered by the
exemptions claimed for those records in
that system pursuant to 5 U.S.C.
552a(j)(2) and 5 U.S.C. 552a(k)(2). The
Department of Homeland Security will
include this system in its inventory of
record systems.
DATES: This updated system will be
effective upon the public display of this
notice. Although this system is effective
upon publication, DHS will accept and
consider comments from the public and
evaluate the need for any revisions to
this notice.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2015–0021 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: Karen L. Neuman, 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: John
Connors (202) 344–1610, Privacy
Officer, U.S. Customs and Border
Protection, Privacy and Diversity Office,
1300 Pennsylvania Avenue,
Washington, DC 20229. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, 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
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Homeland Security (DHS), U.S. Customs
and Border Protection (CBP) proposes to
update and reissue a current DHS
system of records titled, ‘‘DHS/CBP–007
Border Crossing Information System of
Records.’’ CBP is updating categories of
records for this system of records notice
(SORN) to better reflect the categories of
records in the DHS/CBP Border Crossing
Information system.
CBP’s priority mission is to prevent
terrorists and terrorist weapons from
entering the country while facilitating
legitimate travel and trade. To facilitate
this mission, CBP maintains border
crossing information about all
individuals who enter, are admitted or
paroled into, and (when available) exit
from the United States regardless of
method or conveyance. Border crossing
information includes certain biographic
and biometric information; photographs;
certain mandatory or voluntary itinerary
information provided by air, sea, bus,
and rail carriers or any other forms of
passenger transportation; and the time
and location of the border crossing.
Border crossing information resides on
the TECS (not an acronym) information
technology platform. DHS/CBP is
updating this system of records to
provide notice to the public about the
update and expansion of the categories
of records as part of DHS’s ongoing
effort to better reflect the categories of
records in its collection of information.
DHS/CBP previously published this
system of records notice in the Federal
Register on May 28, 2013 (78 FR 31958).
CBP is responsible for collecting and
reviewing border crossing information
from travelers entering and departing
the United States as part of DHS/CBP’s
overall border security and enforcement
missions. All individuals crossing the
border are subject to CBP processing
upon arrival in the United States. Each
traveler entering the United States is
required to establish his or her identity,
nationality, and admissibility, as
applicable, to the satisfaction of a CBP
officer during the clearance process. To
manage this process, CBP creates a
record of an individual’s admission or
parole into the United States at a
particular time and port of entry. CBP
also collects information about U.S.
citizens and certain aliens (in-scope
travelers pursuant to 8 CFR 215.8,
‘‘requirements for biometric identifiers
from aliens on departure from the
United States’’) upon departure from the
United States for law enforcement
purposes and to document their border
crossing.
DHS is statutorily mandated to create
and integrate an automated entry and
exit system that records the arrival and
departure of aliens, verifies alien
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identities, and authenticates alien travel
documents through the comparison of
biometric identifiers (8 U.S.C. 1365(b)).
Certain aliens may be required to
provide biometrics (including digital
fingerprint scans, palm prints,
photographs, facial and iris images, or
other biometric identifiers) upon arrival
in or departure from the United States.
The biometric data is stored in the
Automated Biometric Identification
System (IDENT) information technology
platform. IDENT stores and processes
biometric data (e.g., digital fingerprints,
palm prints, photographs, and iris
scans) and links biometrics with
biographic information to establish and
verify identities. The IDENT
information technology platform serves
as the biometric repository for the
Department, and also stores related
biographic information.
Previously DHS established the
United States Visitor and Immigrant
Status Indicator Technology (US–VISIT)
Program to manage an automated entry
and exit system. On March 16, 2013,
US–VISIT’s entry and exit operations
(including deployment of a biometric
exit system) were transferred to CBP
through the Consolidated and Further
Continuing Appropriations Act of 2013
(Pub. L. 113–6, H.R. 933). The Act also
transferred US–VISIT’s overstay
analysis function to U.S. Immigration
and Customs Enforcement (ICE) and
US–VISIT’s biometric identity
management services to the Office of
Biometric Management (OBIM), which
is a newly-created office within the
National Protection and Programs
Directorate (NPPD). CBP assumed
biometric entry and exit operations on
April 1, 2013.
CBP continues to develop
mechanisms to collect biometric
information from departing aliens since
assuming responsibility for US–VISIT’s
entry and exit operations. During these
operations, CBP officers may employ
technology (e.g. wireless handheld
devices or standalone kiosk) to collect
biographic and biometric information
from certain aliens determined to be inscope pursuant to 8 CFR 215.8
‘‘Requirements for biometric identifiers
from aliens on departure from the
United States’’ prior to exiting the
United States. Biometrics are checked
against the IDENT system’s watchlist of
known or suspected terrorists (KST),
criminals, and immigration violators to
help determine if a person is using an
alias or attempting to use fraudulent
identification. Biographic and biometric
data is encrypted when it is collected
and the data is transmitted in an
encrypted format to the IDENT system.
The data is automatically deleted from
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the mobile device after the transmission
is complete. The handheld mobile
devices incorporate strict physical and
procedural controls, such as Federal
Information Processing Standard (FIPS)compliant data encryption; residual
information removal; and required
authorization for users to sign-in using
approved user account names and
passwords.
Collection of additional biometric
information from individuals crossing
the border (such as information
regarding scars, marks, tattoos, and
palm prints) aids biometric sharing
between the Department of Justice (DOJ)
Integrated Automated Fingerprint
Identification System (IAFIS)/Next
Generation Identification (NGI) and the
IDENT system. The end result is
enhanced access to (and in some cases
acquisition of) IAFIS/NGI information
by the IDENT system and its users. DHS,
DOJ/FBI, and the Department of State
(DOS)/Bureau of Consular Services
entered into a Memorandum of
Understanding (MOU) for Improved
Information Sharing Services in 2008.
The MOUs established the framework
for sharing information in accordance
with an agreed-upon technical solution
for expanded IDENT/IAFIS/NGI
interoperability, which provides access
to additional data for a greater number
of authorized users.
CBP collects border crossing
information stored in this system of
records through a number of sources, for
example: (1) Travel documents (e.g., a
foreign passport) presented by an
individual at a CBP port of entry when
he or she provided no advance notice of
the border crossing to CBP; (2) carriers
that submit information in advance of
travel through the Advance Passenger
Information System (APIS); (3)
information stored in the Global
Enrollment System (GES) (see DHS/
CBP–002 Global Enrollment System
(GES) SORN, 78 FR 3441, (January 16,
2013)) as part of a trusted or registered
traveler program; (4) non-federal
governmental authorities that issued
valid travel documents approved by the
Secretary of DHS (e.g., an Enhanced
Driver’s License (EDL)); (5) another
federal agency that issued a valid travel
document (e.g., data from a DOS visa,
passport including passport card, or
Border Crossing Card); or (6) the Canada
Border Services Agency (CBSA)
pursuant to the Beyond the Border
Entry/Exit Program. When a traveler
enters, is admitted to, paroled into, or
departs from the United States, his or
her biographical information,
photograph (when available), and
crossing details (time and location) is
maintained in accordance with the
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DHS/CBP–007 Border Crossing
Information SORN.
DHS/CBP is updating the categories of
records to provide notice that CBP is
collecting biometrics such as digital
fingerprints, photographs, and iris scans
from certain non-U.S. citizens at the
time of the border crossing or in support
of their use of Global Entry or another
trusted traveler program. In addition,
CBP is updating the categories of
records in the SORN to provide notice
that CBP plans to collect information
regarding scars, marks, tattoos, and
palm prints from individuals at the
border to aid biometric interoperability
between the IAFIS/NGI and the IDENT
system. Finally, CBP is updating the
categories of records associated with
APIS transmissions to better reflect the
information collected and maintained in
the DHS/CBP–007 BCI SORN.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–007 BCI SORN may be
shared with other DHS components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions.
The exemptions for the existing
system of records notice published May
28, 2013 (78 FR 31958) continue to
apply for this updated system of records
for those categories of records listed in
the previous System of Records Notice.
However, several new categories of
records may contain law enforcement
sensitive information. Due to the nature
of this information, CBP will issue an
updated notice and final rule for
proposed exemptions for these new
categories of records pursuant to 5
U.S.C. 552a(j)(2) and 5 U.S.C. 552
a(k)(2). Furthermore, to the extent
certain categories of records are ingested
from other systems, the exemptions
applicable to the source systems will
remain in effect.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the Federal
Government collects, maintains, uses,
and disseminates 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 from 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
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extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
CBP–007 Border Crossing Information
(BCI) 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)/U.S. Customs and Border
Protection (CBP)–007.
SYSTEM NAME:
DHS/CBP–007 Border Crossing
Information (BCI).
SECURITY CLASSIFICATION:
Unclassified, Sensitive, For Official
Use Only (FOUO), and Law
Enforcement-Sensitive (LES).
SYSTEM LOCATION:
CBP maintains records at CBP
Headquarters in Washington, DC and at
field offices. This computer database is
located at CBP National Data Center
(NDC) in Washington, DC. Computer
terminals are located at customhouses,
border ports of entry, airport inspection
facilities under the jurisdiction of 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:
Individuals with records stored in BCI
includes U.S. citizens, lawful
permanent residents (LPR), and
immigrant and non-immigrant aliens
who lawfully cross the U.S. border by
air, land, or sea, regardless of method of
transportation or conveyance.
CATEGORIES OF RECORDS IN THE SYSTEM:
CBP collects and stores the following
records in the BCI system as border
crossing information:
• Full name (last, first, and, if
available, middle);
• Date of birth;
• Gender;
• Travel document type and number
(e.g., passport information, permanent
resident card, Trusted Traveler Program
card);
• Issuing country or entity and
expiration date;
• Photograph (when available);
• Country of citizenship;
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• Tattoos;
• Scars;
• Marks;
• Palm prints;
• Digital fingerprints;
• Photographs;
• Digital iris scans;
• Radio Frequency Identification
(RFID) tag number(s) (if land or sea
border crossing);
• Date and time of crossing;
• Lane for clearance processing;
• Location of crossing;
• Secondary Examination Status; and
• For land border crossings only,
License Plate number or Vehicle
Identification Number (VIN) (if no plate
exists).
CBP maintains in BCI information
derived from an associated APIS
transmission (when applicable),
including:
• Full name (last, first, and, if
available, middle);
• 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, LPRs, 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);
• Passenger Name Record (PNR)
locator number;
• Primary inspection lane;
• ID inspector;
• Records containing the results of
comparisons of individuals to
information maintained in CBP’s law
enforcement databases as well as
information from the Terrorist
Screening Database (TSDB);
• Information on individuals with
outstanding wants or warrants; and
• Information from other government
agencies regarding high risk parties.
CBP collects records under the Entry/
Exit Program with Canada, such as
border crossing data from the CBSA,
including:
• Full name (last, first, and if
available, middle);
• Date of Birth;
• Nationality (citizenship);
• Gender;
• Document Type;
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• Document Number;
• Document Country of Issuance;
• Port of entry location (Port code);
• Date of entry; and
• Time of entry.
In addition, air and sea carriers or
operators covered by the APIS rules and
rail and bus carriers (to the extent
voluntarily applicable) also transmit or
provide the following information to
CBP for retention in BCI:
• 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:
Æ The location where the passengers
and crew members will undergo
customs and immigration clearance by
CBP.
• For passengers and crew members
who are transiting through (and crew on
flights over flying) the United States and
not clearing CBP:
Æ The foreign airport/port of ultimate
destination; and
Æ Status on board (whether an
individual is crew or non-crew).
• For passengers and crew departing
the United States:
Æ Final foreign airport/port of arrival.
Other information also stored in this
system of records includes:
• Aircraft registration number
provided by pilots of private aircraft;
• Type of aircraft;
• Call sign (if available);
• CBP issued decal number (if
available);
• Place of last departure (e.g., ICAO
airport code, when available);
• Date and time of aircraft arrival;
• Estimated time and location of
crossing U.S. border or coastline;
• Name of intended airport of first
landing, if applicable;
• Owner or lessee name (first, last,
and middle, if available, or business
entity name);
• Owner or lessee contact information
(address, city, state, zip code, country,
telephone number, fax number, and
email address, pilot, or private aircraft
pilot name);
• Pilot information (license number,
street address (number and street, city
state, zip code, country, telephone
number, fax number, and email
address));
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• 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);
• 24-hour emergency point of contact
information (e.g., broker, dispatcher,
repair shop, or other third party who is
knowledgeable about this particular
flight)
Æ Full name (last, first, and middle (if
available)) and telephone number;
• Incident to the transmission of
required information via eAPIS (for
general aviation itineraries, pilot, and
passenger manifests), records will also
incorporate the pilot’s email address.
To the extent private aircraft operators
and carriers operating in the land border
environment may transmit APIS, similar
information may also be recorded in BCI
by CBP with regard to such travel. CBP
also collects the license plate number of
the conveyance (or VIN number when
no plate exists) in the land border
environment for both arrival and
departure (when departure information
is available).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for BCI is provided by the
Enhanced Border Security and Visa
Entry Reform Act of 2002 (Pub. L. 107–
173, 116 Stat. 543 (2002)); the Aviation
and Transportation Security Act of 2001
(Pub. L. 107–71, 115 Stat. 597); the
Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108–
458, 118 Stat. 3638 (2004)); the
Immigration and Nationality Act, as
amended (8 U.S.C. 1185 and 1354); and
the Tariff Act of 1930, as amended (19
U.S.C. 1322–1683g, including 19 U.S.C.
66, 1433, 1454, 1485, 1624 and 2071).
PURPOSE(S):
CBP collects and maintains this
information to vet and inspect persons
arriving in or departing from the United
States; to determine identity,
citizenship, and admissibility; and to
identify persons who: (1) May be (or are
suspected of being) a terrorist or having
affiliations to terrorist organizations; (2)
have active warrants for criminal
activity; (3) are currently inadmissible
or have been previously removed from
the United States; or (4) have been
otherwise identified as potential
security risks or raise a law enforcement
concern. For immigrant and nonimmigrant aliens, the information is also
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collected and maintained to ensure
information related to a particular
border crossing is available for
providing any applicable benefits
related to immigration or other
enforcement purposes. Lastly, CBP
maintains information in BCI to retain a
historical record of persons crossing the
border to facilitate law enforcement,
counterterrorism, and benefits
processing.
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 Department of Justice (DOJ),
including Offices of the United States
Attorneys, or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or 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 any Component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from 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 (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose 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. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
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individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. 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.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To appropriate federal, state, tribal,
local, 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, or license, when DHS
believes the information would assist
enforcement of applicable civil or
criminal laws.
I. To the CBSA for law enforcement
and immigration purposes, as well as to
facilitate cross-border travel when an
individual enters the United States from
Canada.
J. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS reasonably
believes there to be a threat (or potential
threat) to national or international
security for which the information may
be relevant in countering the threat (or
potential threat).
K. To a federal, state, tribal, or local
agency, other appropriate entity or
individual, or foreign governments, in
order to provide relevant information
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related to intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law,
Executive Order, or other applicable
national security directive.
L. To an organization or individual in
either the public or private sector
(foreign or domestic) when there is a
reason to believe that the recipient is (or
could become) the target of a particular
terrorist activity or conspiracy, or when
the information is relevant and
necessary to the protection of life or
property.
M. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purposes of
protecting the vital interests of the data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease, to combat other significant
public health threats, or to provide
appropriate notice of any identified
health threat or risk.
N. 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.
O. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation.
P. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS is aware of a
need to use relevant data for purposes
of testing new technology.
Q. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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26941
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
CBP stores records in this system
electronically in the operational system
or on paper in secure facilities in a
locked drawer behind a locked door.
The records may be stored on magnetic
disc, tape, digital media and CD–ROM.
RETRIEVABILITY:
CBP retrieves records by name or
other personal identifiers listed in the
categories of records, above.
SAFEGUARDS:
DHS/CBP safeguards records in this
system in accordance with applicable
rules and policies, including all
applicable DHS automated systems
security and access policies. Strict
controls are imposed to minimize the
risk of compromising the information
that is being stored. CBP limits access to
BCI to those individuals who have a
need to know the information for the
performance of their official duties and
who also have appropriate clearances or
permissions.
RETENTION AND DISPOSAL:
CBP is working with NARA to
develop the appropriate retention
schedule based on the information
below. For persons CBP determines to
be U.S. citizens and LPRs, information
in BCI that is related to a particular
border crossing is maintained for 15
years from the date when the traveler
entered, was admitted to or paroled
into, or departed the United States, at
which time it is deleted from BCI. For
non-immigrant aliens, the information
will be maintained for 75 years from the
date of admission or parole into or
departure from the United States in
order to ensure that the information
related to a particular border crossing is
available for providing any applicable
benefits related to immigration or for
other law enforcement purposes.
Information related to border
crossings prior to a change in status will
follow the 75 year retention period for
non-immigrant aliens who become U.S.
citizens or LPRs following a border
crossing that leads to the creation of a
record in BCI. All information regarding
border crossing by such persons
following their change in status will
follow the 15 year retention period
applicable to U.S. citizens and LPRs.
For all travelers, however, BCI records
linked to active law enforcement
lookout records, DHS/CBP matches to
enforcement activities, or investigations
or cases remain accessible for the life of
the primary records of the law
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26942
Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices
enforcement activities to which the BCI
records may relate, to the extent
retention for such purposes exceeds the
normal retention period for such data in
BCI.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Automated
Systems, U.S. Customs and Border
Protection Headquarters, 1300
Pennsylvania Avenue NW., Washington,
DC 20229.
tkelley on DSK3SPTVN1PROD with NOTICES
NOTIFICATION PROCEDURE:
DHS allows persons (including
foreign nationals) to seek administrative
access under the Privacy Act to
information maintained in BCI.
However, the Secretary of DHS
exempted portions of this system from
the notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system.
Nonetheless, DHS/CBP will consider
individual requests to determine
whether or not information may be
released. Thus, individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the DHS
Chief Freedom of Information Act
(FOIA) Officer or CBP FOIA Officer,
whose contact information can be found
at http://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one Component maintains
Privacy Act records that concern him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief FOIA Officer, Department of
Homeland Security, 245 Murray Lane
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
Although no specific form is required,
you may obtain forms for this purpose
from the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
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• Identify which Component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS Component agency may
have responsive records
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, CBP
may not be able to conduct an effective
search, and your request may be denied
due to lack of specificity or lack of
compliance with applicable regulations.
in other systems of records that are
exempt from certain provision of the
Privacy Act. This system also contains
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: May 1, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–11288 Filed 5–8–15; 8:45 am]
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
BILLING CODE 9111–14–P
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
BCI receives information from
individuals who arrive in, depart from,
or transit through the United States.
This system also collects information
from carriers that operate vessels,
vehicles, aircraft, or trains that enter or
exit the United States, including private
aircraft operators. Lastly, BCI receives
border crossing information received
from CBSA.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person at
the time of crossing and submitted by
that person’s air, sea, bus, or rail carriers
if that person, or his or her agent, seeks
access or amendment of such
information.
The Privacy Act, however, requires
DHS to maintain an accounting of the
disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought particular records may affect
ongoing law enforcement activities. The
Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2),
exempted this system from the
following provisions of the Privacy Act:
Sections (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as is
necessary and appropriate to protect
this information. Further, DHS has
exempted section (c)(3) of the Privacy
Act of 1974, as amended, pursuant to 5
U.S.C. 552a(k)(2) as is necessary and
appropriate to protect this information.
Additionally, this system contains
records or information recompiled from
or created from information contained
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5696–N–14]
Guidance and Instructions for
Extension Requests of 24-Month
Expenditure Deadline for Community
Development Block Grant Disaster
Recovery (CDBG–DR) Grantees
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This Notice advises
Community Development Block Grant
disaster recovery (CDBG–DR) grantees
with grants pursuant to the Disaster
Relief Appropriations Act, 2013 (the
Appropriations Act) of the process and
requirements associated with grantee
requests for an extension of the 24month expenditure deadline for specific
portions of funds obligated under the
Appropriations Act.
DATES: Effective Date: May 18, 2015.
FOR FURTHER INFORMATION CONTACT:
Stanley Gimont, Director, Office of
Block Grant Assistance, Department of
Housing and Urban Development, 451
7th Street SW., Room 7286, Washington,
DC 20410, telephone number 202–708–
3587. Persons with hearing or speech
impairments may access this number
via TTY by calling the Federal Relay
Service at 800–877–8339. Facsimile
inquiries may be sent to Mr. Gimont at
202–401–2044. (Except for the ‘‘800’’
number, these telephone numbers are
not toll-free.) Email inquiries may be
sent to disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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File Type | application/pdf |
File Modified | 2015-05-09 |
File Created | 2015-05-09 |