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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
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.
While 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,
• 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; and
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 this bulleted information the
component(s) will 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.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

DHS/FEMA obtains records from
grantees, applicants for award, grant
applicants’ points of contact, and grant
program monitors.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: February 20, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–05799 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–17–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0009]

Privacy Act of 1974; Department of
Homeland Security/United States
Customs and Border Protection
Advanced Passenger Information
System Systems 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
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Customs and
Border Protection–005 Advanced
Passenger Information System Systems
of Records.’’ This system of records
allows the Department of Homeland
Security/United States Customs and
Border Protection to collect and
maintain records on certain biographical
information on all passengers and crew
members who arrive in, depart from, or
transit through (and crew that fly over)
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. This
system of records notice has been
updated to include changes to security
classification, system location,
purpose(s), storage, retention and
disposal, routine uses, and notification
procedure. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems, located on
the Department of Homeland Security
Web site at http://www.dhs.gov/systemrecords-notices-sorns.
DATES: The system of records will be
effective April 13, 2015.
ADDRESSES: You may submit comments
identified by docket number DHS–
2015–0009 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.
SUMMARY:

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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: John
Connors, (202) 344–1610, Privacy
Officer, United States Customs and
Border Protection, Privacy and Diversity
Office, 1300 Pennsylvania Ave. NW.,
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 DHS/CBP
proposes to update and reissue a current
DHS system of records titled,
Department of Homeland Security
(DHS), United States Customs and
Border Protection (CBP)–005 Advanced
Passenger Information System (APIS)
System of Records. The Aviation and
Transportation Security Act of 2001 and
the Enhanced Border Security and Visa
Entry Reform Act of 2002 provide
specific authority for the mandatory
collection of certain information about
all passenger and crewmembers that
arrive in or depart from the United
States via private aircraft, commercial
air, or vessel carrier. CBP requires that
carriers collect and submit information
is required to be collected and
submitted to CBP as APIS data pursuant
to existing regulations. 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 that are 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 CBP requires
carriers to collect and submit to APIS
(as well as information that 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

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information 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;
U.S. 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 (SORN) for the
Automated Targeting System, DHS/
CBP–006 (72 FR 43650, published
August 6, 2007).
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 must
undergo customs and immigration
clearance by CBP; for commercial
passengers and crew members that are
transiting through (and crew on aircraft
flying over) the United States and not
clearing CBP must provide 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, must
provide 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
(International Civil Aviation
Organization (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; 1
1 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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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); name (first, last, and middle (if
available) and telephone number (as
applicable).
CBP collects passenger and
crewmember information provided by
the pilot and/or air, vessel, bus, or rail
carrier in advance of passenger and
crewmember arrival in or departure
from (and, for crew on flights flying
over) the United States. CBP maintains
this information in APIS. The
information is used to perform
counterterrorism and/or intelligence
activities; to assist law enforcement
activities; to perform public security
queries that 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, published August
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, arriving in, or departing from
(and, in the case of crew, flights
overflying) the United States. For more
information please see the initial APIS
Privacy Impact Assessment (PIA) and
Privacy Policy, which was published in
the Federal Register (FR), (70 FR 17852,
April 7, 2005). Under the most recent
Final Rule revision to APIS CBP
amended 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 CBP
requires carriers to collect and submit to
APIS (or which may be provided

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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; who may be a known or
suspected terrorist; who may be
affiliated with or suspected of being
affiliated with terrorists; who may be
inadmissible; who may be a person of
interest; who may otherwise be engaged
in activity in violation of U.S. law; or
who may be the subject of wants or
warrants. The system allows CBP to
effectively and efficiently facilitate the
entry and departure of legitimate
travelers into and from the United
States. DHS officers can quickly
reference the results of the advanced
research that has been conducted
through CBP’s law enforcement
databases by using APIS. Results
include information from the terrorist
screening database (TSDB) and
information on individuals with
outstanding wants or warrants. These
results also confirm the accuracy of that
information through comparison with
information obtained from the traveler
(passenger and crew) and from the
carriers, and assists in making
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
one year 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
(BCI), which is a subsystem of the
Information Technology platform TECS.
Primary inspection lane and ID
inspector are added to APIS and the
APIS information is verified during
physical processing at the border. The
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, a copy of certain APIS
data is transferred to the Arrival and
Departure Information System (ADIS)
for effective and efficient tracking of
foreign nationals for individuals subject

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to Office of Biometric Identity
Management (OBIM) requirements. This
information includes the identification
of lawfully admitted non-immigrants
who remain in the United States beyond
the period of authorized stay. OBIM
applies to all visitors (with limited
exemptions). The SORN for ADIS was
last published on May 28, 2013 (78 FR
31955). 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 nonimmigrants authorized to work), alien
registration number, port of entry, entry
date, port of departure, and departure
date.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS/CBP proposes to
update and reissue the following system
of records notice, DHS/CBP–005
Advance Passenger Information System
(APIS) (73 FR 68435, published
November 18, 2008), as a DHS/CBP
system of records notice titled, DHS/
CBP–005 Advance Passenger
Information System (APIS) System of
Records. DHS/CBP changed the system,
changed the security classification to
reflect storage of records on a classified
network, changed the system location to
reflect a new location, updated the
purpose to allow for replication of data
for analysis and vetting, updated storage
due to the change in security
classification, updated the retention and
disposal to reflect that records will
follow the same retention schedule,
updated the routine uses to reflect
sharing with the news media and
public, and changed the notification
procedure to reflect that DHS/CBP will
now review replicated records.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–005 APIS System of
Records may be shared with other DHS
components that have a need to know
the information in order to carry out
their national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
Additionally, the exemptions for this
system of records notice will remain in
place. This updated system will be
included in the DHS’s inventory of
record systems.

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II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which 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
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 U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
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 DHS/CBP–005 Advanced
Passenger Information System (APIS)
System of Records.
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 Congress.
System of Records

Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP)–005
SYSTEM NAME:

DHS/CBP–005 Advanced Passenger
Information System (APIS).
SECURITY CLASSIFICATION:

Unclassified. The data may be
retained on the classified networks but
this does not change the nature and
character of the data until it is combined
with classified information.
SYSTEM LOCATION:

Records are maintained in the
operational system at CBP Headquarters
in Washington, DC and at CBP field
offices. Records are replicated from the
operational system and maintained on
the DHS unclassified and classified
networks. 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.

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this notice includes 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;
crew members 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;
and crew members on aircraft that fly
over the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:

The records in the database include
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);
• 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;

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• 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;
• For passengers and crew members
that are transiting through (and crew on
flights flying over) 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.
Other information stored in this
system of records includes:
• Aircraft registration number
provided by pilots of private air craft;
• 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);
• 24-hour Emergency point of contact
(e.g., broker, dispatcher, repair shop, or
other third party who is knowledgeable
about this particular flight) name (first,
last, and middle (if available) and
telephone number; and
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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• Incident to the transmission of
required information via eAPIS, records
will also incorporate the pilot’s email
address.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Aviation and Transportation
Security Act of 2001, Pub. L. 107–71;
the Enhanced Border Security and Visa
Reform Act of 2002, Pub. L. 107–173;
the Intelligence Reform and Terrorism
Prevention Act of 2004, Pub. L. 108–
458; and the Tariff Act of 1930, Pub. L.
71–361, 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 more effectively
and efficiently facilitate 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.
DHS maintains a replica of some or all
of the data in the operating system on
the unclassified and classified DHS
networks to allow for analysis and
vetting consistent with the above stated
purposes and this published notice.
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.

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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 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. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department 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 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

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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 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 when 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, when 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

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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 a 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 when 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 that 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,

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13411

when applicable, the individual’s
Electronic System for Travel
Authorization (ESTA) status as
discussed in the DHS/CBP–009 ESTA
SORN (79 FR 65414, published
November 3, 2014), or is identified as a
‘‘selectee’’.
R. 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/CBP stores records in this
system electronically in the operational
system as well as on the unclassified
and classified network or on paper in
secure facilities in a locked drawer
behind a locked door. DHS/CBP stores
records on magnetic disc, tape, digital
media, and CD–ROM. 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:

DHS/CBP retrieves data by name or
other unique personal identifier from an
electronic database.
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 have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
In addition, the system manager has the
capability to maintain system back-ups
for the purpose of supporting continuity
of operations and the discrete need to

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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

isolate and copy specific data access
transactions for the purpose of
conducting security incident
investigations.
All communication links with the
CBP data center are encrypted. The
databases are fully certified and
accredited in accordance with the
requirements of the Federal Information
Security Management Act (FISMA).
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
National Institute of Standards and
Technology standards. The last
certification was in December 2014.
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 BCI system, a subsystem
of TECS. Additionally, for individuals
subject to CBP requirements, a copy of
certain APIS data is transferred to the
ADIS for effective and efficient
processing of foreign nationals. More
information about ADIS records can be
found in the DHS/National Protection
and Programs Directorate-001 ADIS
SORN (78 FR 31955, published May 28,
2013). Different retention periods apply
for APIS data contained in those
systems.
Records replicated on the unclassified
and classified networks will follow the
same retention schedule.
SYSTEM MANAGER AND ADDRESS:

Director, Office of Automated
Systems, U.S. Customs and Border
Protection Headquarters, 1300
Pennsylvania Avenue NW., Washington,
DC 20229.

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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 CBP Customer Service Center, OPA,
U.S. Customs and Border Protection, 90
K Street NE., Washington, DC 20229
(phone: 877–CBP–5511).
In processing requests for access to
information in this system, CBP reviews

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not only the records in the operational
system but also the records that were
replicated on the unclassified and
classified networks, and provides
appropriate access to the information
based on this notice.
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 CBP Freedom
of Information Act (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 concerning him or
her the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, 245 Murray Drive 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.
While 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 or 1–866–431–0486.
In addition you should:
• Explain why you believe the
Department would have information on
you;
• 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 this bulleted information the
component(s) 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.

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RECORD ACCESS PROCEDURES:

See notification procedure. In
addition, if individuals are uncertain
what agency handles the information,
they may seek redress through the DHS
Traveler Redress Program (TRIP). For
more information please see the DHS/
ALL–005 DHS Redress and Response
System of Records (72 FR 2294,
published 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 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 such as
airports, seaports, and train stations or
at U.S. land borders. Travelers can
request correction of errors stored in
other DHS databases through one
application through TRIP. 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
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 Customer Service
Center, OPA, U.S. Customs and Border
Protection, 90 K Street NE., 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
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

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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
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 that 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: February 27, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
BILLING CODE 9111–14–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5835–N–01]

60-Day Notice of Proposed Information
Collection: Multifamily Financial
Management Template
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:

HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.

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Comments Due Date: May 12,

2015.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Harry Messner, Housing Program
Manager, Office of Asset Management,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410, telephone (202)
708–2626. This is not a toll-free number.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
ADDRESSES:

A. Overview of Information Collection

[FR Doc. 2015–05798 Filed 3–12–15; 8:45 am]

SUMMARY:

DATES:

Title: Multifamily Financial
Management Template.
OMB Approval Number: 2502–0551.
Type of Request: extension of
currently approved collection.
Form Number: None.
Owners of certain HUD-insured and
HUD-assisted properties are required to
submit annual financial statements to
HUD via the Internet in the HUDprescribed format and chart of
accounts, and in accordance with the
generally accepted accounting
principles (GAAP):
Respondents: Owners of certain HUDinsured and HUD-assisted properties.
Estimated Number of Respondents:
20,527.
Estimated Number of Responses:
20,527.
Frequency of Response: Annually.
Average Hours per Response: 14.
Total Estimated Burdens: 287,378.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected

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parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: March 4, 2015.
Laura M. Marin,
Associate General Deputy Assistant Secretary
for Housing-Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2015–05874 Filed 3–12–15; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5853–N–01]

Notice of Intent To Conduct a Violence
Against Women Act (VAWA) and
Housing Opportunities for Persons
With AIDS (HOPWA) Project
Demonstration
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of Intent to Conduct a
VAWA/HOPWA Project Demonstration.
AGENCY:

Through this notice, HUD
solicits comment on a proposed
demonstration through which HUD will
award grant funds to successful
applicants to provide transitional and
other temporary housing assistance and
supportive services to low-income
persons living with Human
Immunodeficiency Virus/Acquired
Immunodeficiency Syndrome (HIV/
AIDS) who are victims of domestic
violence, dating violence, sexual
assault, or stalking. Grantees of the
VAWA/HOPWA Project Demonstration
will be required to partner with local
domestic violence and sexual assault
service providers for client outreach and

SUMMARY:

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