[Federal Register: J=
anuary 19, 2006 (Volume 71, Number 12)]
[Notices] &nbs=
p;
[Page 3109-3112]
Fro=
m the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF HOMEL=
AND SECURITY
Office of the Secretary<=
/pre>
[DHS-2005-0054]
=
Privacy Act of 1974; Systems of Records
<=
pre>
AGENCY: Privacy Office; Department of Homel=
and Security.
ACTION: Notice of Priva=
cy Act system of records.
-----------=
------------------------------------------------------------
SUMMARY: The Bureau of Customs and Border Protectio=
n proposes to revise
its system of records for collecting carrie=
r, broker and importer/
exporter account information to both upda=
te the system and to add as a
category of records the customs de=
clarations that postal mailers are
required to complete for inte=
rnational mail transactions.
DATES: T=
he new system of records will be effective February 21, 2006
unl=
ess comments are received that result in a contrary determination.
ADDRESSES: You may submit comments, identifie=
d by DHS-2005-0054, by one
of the following methods:
<=
span style=3D'mso-spacerun:yes'> Federal eRulemaking Portal: http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov.
Follow the instructions for submitting comments via docket number =
DHS-
2005-0054.
=
Fax: 202-572-8727.
Mail=
: Comments by mail are to be addressed to the
Regulations Branch=
, Office of Regulations and Rulings, Bureau of
Customs and Borde=
r Protection, 1300 Pennsylvania Avenue, NW. (Mint
Annex), Washin=
gton, DC 20229. Comments by mail may also be submitted to
Mauree=
n Cooney, Acting Chief Privacy Officer, Department of Homeland
S=
ecurity, 601 S. 12th Street, Arlington, VA 22202-4220.
Instructions: All submissi=
ons received must include the agency name
and docket number for =
this rulemaking. All comments received will be
posted without ch=
ange to http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov, including any
=
personal information provided. For detailed instruct=
ions on submitting
comments and additional information on the ru=
lemaking process, see the
``Public Participation'' heading of th=
e SUPPLEMENTARY INFORMATION
section of this document.
=
Docket: For acce=
ss to the docket to read background documents or
comments receiv=
ed, go to http://frwebg=
ate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.regulations.gov. Submitted comments
=
may also be inspected during regular business d=
ays between the hours of
9 a.m. and 4:30 p.m. at the Regulations=
Branch, Office of Regulations
and Rulings, Bureau of
=
[[Page 3110]]
=
Customs and Border Protection, 799 9th Street, NW., 5th Floor,
<=
pre>Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Laurenc=
e E. Castelli (202-572-8712),
Chief, Privacy Act Policy and Proc=
edures Branch, Bureau of Customs and
Border Protection, Office o=
f Regulations & Rulings, Mint Annex, 1300
Pennsylvania Ave.,=
NW., Washington, DC 20229.
SUPPLEMEN=
TARY INFORMATION: The Bureau of Customs and Border Protection
(C=
BP) is engaged in a multi-year modernization effort to update its
information systems. As part of this modernization effort, CBP has =
developed the Automated Commercial Environment (ACE) to streamline business processes, to facilitate growth in trade, to ensure cargo =
security, to provide means to combat terrorism through monitorin=
g what
materials and which persons enter and leave the country, =
and to foster
participation in global commerce, while ensuring c=
ompliance with U.S.
laws and regulations. ACE replaces CBP's cur=
rent Automated Commercial
System, a twenty-plus-year-old trade i=
nformation database.
=
; The operation of ACE will require that CBP collect personall=
y
identifiable information from importers, brokers, truck carrie=
rs, and
U.S. Postal Service customs declarations. The system wil=
l also include
personally identifiable information about CBP emp=
loyees and employees
of other agencies. The information that is =
collected will be used to
operate the automated commercial envir=
onment in order to assist in
protecting the country's borders by=
monitoring and regulating incoming
cargo and people.
=
The Privacy Act =
embodies fair information principles in a statutory
framework go=
verning the means by which the United States Government
collects=
, maintains, uses and disseminates personally identifiable
infor=
mation. 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 num=
ber,
symbol, or other identifying particular assigned to the ind=
ividual. In
the Privacy Act, individual is defined to encompass =
United States
citizens and legal permanent residents. ACE involv=
es the collection of
information that will be maintained in a sy=
stem of records.
&nb=
sp; The Privacy Act requires each agency to publish in the Federal <=
/pre>Register a description denoting the type and character of each sy=
stem
of records that the agency maintains, and the routine uses =
that are
contained in each system in order to make agency record=
keeping
practices transparent, to notify individuals regarding t=
he uses to
which personally identifiable information is put, and=
to assist the
individual to more easily find such files within =
the agency.
<=
/span>DHS is here publishing a description of the Automated Commercial
Environment system of records. In accordance with 5 U.S,C. 552a(r), =
a
report concerning this record system has been sent to the Offi=
ce of
Management and Budget and to the Congress.
Interested persons ar=
e invited to participate in this rulemaking by
submitting writte=
n data, views, or arguments on all aspects of the
proposed rule.=
CBP also invites comments that relate to the economic,
environm=
ental, or federalism affects that might result from this
propose=
d rule. Comments that will provide the most assistance to CBP in
developing these procedures will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommend=
ed
change.
DHS/CBP-001
System Name:
=
Automated Commercial Environment/International Trade Data Sys=
tem
(ACE/ITDS).
System Loc=
ation:
This computer database is located at the Bureau of Customs and
=
Border Protection (CBP) National Data Center in Washington, DC.
=
Computer terminals are located at Customhouses and ports throughout the United States and at CBP Headquarters, Washington, DC, as well as <=
/pre>appropriate facilities for other participating government agencie=
s.
Categories of Individuals Covered =
by the System:
=
; Individuals involved in the importation of merchandise, members of=
the trade community, including but not limited to truck carrier=
s,
vessel, vehicle, and aircraft operators or crew, Customhouse =
brokers,
importers and their authorized agents (i.e., trade user=
s), persons
required to file Customs Declarations for internatio=
nal mail
transactions (including sender and recipient), DHS/CBP =
employees, and
employees of other Federal Government agencies.
Categories of Records in the System: The dat=
abase is comprised of carrier, broker, and importer/exporter
acc=
ount information (this includes personally identifying information
(name and address, phone and/or fax), as well as the Significant
<=
pre>Activity Log (a message log between the ACE Portal Account Owner and CBP that tracks their communications sent through ACE) and the Act=
ion
Plans referenced in the Significant Activity Log), entry inf=
ormation,
and manifest information. The database also includes i=
nformation
obtained from Customs declarations filed with the Uni=
ted States Postal
Service in connection with the import or expor=
t of goods through the
mail. System files may contain informatio=
n about DHS/CBP employees,
other Federal employees, companies, a=
nd individuals involved in
commercial land, sea, and/or air bord=
er transactions.
&nb=
sp; The following information may be stored in the database for the =
establishment of an ACE Secure Data Portal truck carrier account=
:
Carrier name, Carrier address, Carrier identification (i.e., t=
he truck
carrier identification SCAC code (the unique Standard C=
arrier Alpha
Code) assigned for each carrier by the National Mot=
or Freight Traffic
Association), Department of Transportation nu=
mber, Taxpayer ID number,
DUNS (Dun and Bradstreet Number), Orga=
nizational structure, Name of
Insurer, Policy number, Date of Is=
suance and Amount. The carrier can
create users and points of co=
ntact, and may also choose to store
details associated with driv=
er/crew, conveyance, and equipment for
purposes of expediting th=
e creation of manifests.
&=
nbsp; The ACE database is also comprised of manifest informati=
on that
includes specific details regarding the crew or drivers =
as well as
passengers involved in a commercial land border cross=
ing. For crew or
drivers, the system will include:
(1) Person on arriv=
ing conveyance who is in charge; (2) Names of
all crew members; =
(3) Date of birth of each crew member; (4) Commercial
driver's l=
icense (CDL)/drivers license number for each crew member; (5)
CD=
L/driver's license State/province of issuance for each crew member;
<=
pre>(6) CDL country of issuance for each crew member; (7) Travel document <=
/pre>number for each crew member; (8) Travel document country of issua=
nce
for each crew member; (9) Travel document State/province of =
issuance
for each crew member; (10) Travel document type for eac=
h crew member;
(11) Address for each crew member; (12) Gender of=
each crew member;
(13) Nationality/citizenship of each crew mem=
ber; (14)
[[Page 3111]]
Hazmat endorsement for each crew member.
For passengers,=
the information consists of: (1) Names of all
passengers; (2) D=
ate of birth of each passenger; (3) Travel document
number for e=
ach passenger; (4) Travel document country of issuance for
each =
passenger; (5) Travel document State/province of issuance for each
passenger; (6) Travel document type for each passenger; (7) Gender of each passenger; (8) Nationality of each passenger.
Further, the ACE data=
base includes specific details regarding
trips, equipment, conve=
yances, and shipments, but this information does
not primarily i=
dentify individuals, except those who might be shippers
or consi=
gnees.
Authority for Maintenance of t=
he System:
19 U.S.C. 66, 1448, 1481, 1483, 1484, 1505, 1624, and 2071.
=
Routine Uses of Records Maintained in the Syste=
m, Including Categories
of Users and the Purposes of Such Uses:<=
/pre> In add=
ition to those disclosures generally permitted under 5 U.S.C.
55=
2a(b) of the Privacy Act, all or a portion of the records or
inf=
ormation contained in this system may be disclosed outside DHS as a
<=
pre>routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1) To the Bureau of =
the Census by providing magnetic tapes or
other form of electron=
ic data transmission containing foreign trade
data;
(2) To appropriate=
Federal, State, local, foreign, or tribal
agencies responsible =
for investigating or prosecuting the violations
of, or for enfor=
cing or implementing, a statute, rule, regulation,
order, or lic=
ense, where CBP becomes aware of an indication of a
violation or=
potential violation of civil or criminal law or
regulation;
(3) To a =
Federal, State, local, tribal, territorial, foreign, or
internat=
ional agency, maintaining civil, criminal or other relevant
enfo=
rcement information or other pertinent information, which has
re=
quested information relevant to or necessary to the requesting
a=
gency's or the bureau's hiring or retention of an individual, or
issuance of a security clearance, license, contract, grant, or other benefit;
=
; (4) 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, in response to a subpoena, or in con=
nection
with criminal law proceedings;
(5) To third parties during the=
course of an investigation to the
extent necessary to obtain in=
formation pertinent to the investigation;
(6) To an agency, organization, or indi=
vidual for the purposes of
performing authorized audit or oversi=
ght operations;
&nbs=
p; (7) To a congressional office from the record of an individual in=
response to an inquiry from that congressional office made at t=
he
request of the individual to whom the record pertains;
<=
pre> (8) To contr=
actors, grantees, experts, consultants, students, and
others per=
forming or working on a contract, service, grant, cooperative
ag=
reement, or other assignment for the Federal Government, when
ne=
cessary to accomplish an agency function related to this system of
records;
<=
/span>(9) To the Department of Justice, the United States Attorney's
=
Office, or a consumer reporting agency for further collection action o=
n
any delinquent debt when circumstances warrant;
(10) To a former emp=
loyee of the Department for purposes of:
responding to an offici=
al inquiry by a Federal, State, or local
government entity or pr=
ofessional licensing authority, in accordance
with applicable De=
partment regulations; or facilitating communications
with a form=
er employee that may be necessary for personnel-related or
other=
official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter within that person's former area of responsibility;
(11) To an organizati=
on 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 terrori=
st activity or conspiracy, to the extent the
information is rele=
vant to the protection of life or property;
(12) To the Department of Justice or =
other Federal agency
conducting litigation or in proceedings bef=
ore any court, adjudicative
or administrative body, when: (a) DH=
S, or (b) any employee of DHS in
his/her official capacity, or (=
c) any employee of DHS in his/her
individual capacity where DOJ =
or DHS has agreed to represent the
employee, or (d) the United S=
tates or any agency thereof, is a party to
the litigation or has=
an interest in such litigation;
(13) To the National Archives and Records Admini=
stration or other
federal government agencies pursuant to record=
s management inspections
being conducted under the authority of =
44 U.S.C. Sections 2904 and
2906;
(14) To a Federal, State, local, tri=
bal, territorial, foreign, or
international agency, if necessary=
to obtain information relevant to a
Department of Homeland Secu=
rity decision concerning the hiring or
retention of an employee,=
the issuance of a security clearance, the
reporting of an inves=
tigation of an employee, the letting of a
contract, or the issua=
nce of a license, grant or other benefit;
(15) To a Federal agency, pursuant to t=
he International Trade Data
System Memorandum of Understanding, =
consistent with the receiving
agency's legal authority to collec=
t information pertaining to and/or
regulate transactions in inte=
rnational trade.
Policies and Practic=
es for Storing, Retrieving, Accessing, Retaining,
Disposing of R=
ecords 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 personal identifier from an
electronic database. Only in=
dividuals with a need to know can access
the data. The system ma=
nager, in addition, has the capability to
maintain system back-u=
ps for the purpose of supporting continuity of
operations and th=
e discrete need to isolate and copy specific data
access transac=
tions for the purpose of conducting security incident
investigat=
ions.
Safeguards:
Access to the computer ar=
ea is controlled by a security pass
arrangement and personnel no=
t connected with the operation of the
computer are prohibited fr=
om entering. The building security is
protected by a uniformed g=
uard. Access at the ports is in the booths
and from any PC conne=
cted to the LAN. At the ports of processing,
terminal rooms are =
under close supervision during working hours and
locked after cl=
ose of business. The system security officer issues a
unique pri=
vate five digit identification code to each authorized user.
Acc=
ess to the computer from other than system terminals is controlled
through a security software package. Users must input a unique
identification code and password during the terminal log-in procedure to gain access to the system. The password is not printed or displa=
yed
at the port of processing. The system validates the user ID =
by
transaction type, thereby limiting a
[[Page 3112]]
system us=
er's access to information on a ``need-to-know'' basis. A
listin=
g of identification codes of authorized users can be printed only
by request of the security officer. The passwords are changed =
periodically to enhance security.
Ret=
ention and Disposal:
=
; Files are retained on-line in a system database. Personal information collected in ACE as part of the regulation of incoming=
cargo and people will be retained in accordance with the U.S. C=
ustoms
Records Schedules approved by the National Archive and Re=
cords
Administration for the forms on which the data is submitte=
d. This means
that cargo, crew, driver, and passenger informatio=
n collected from a
manifest presented in connection with the arr=
ival of a vessel, vehicle
or aircraft will be retained for six y=
ears. Information collected in
connection with the submission of=
a Postal Declaration for a mail
importation will be retained fo=
r a maximum of six years and three
months (as set forth pursuant=
to NARA Authority N1-36-86-1, U.S.
Customs Records Schedule, Sc=
hedule 9 Entry Processing, Items 4 and 5).
Personal information =
collected in connection with the creation of a
carrier, broker, =
or importer/exporter account will be retained for up
to three ye=
ars following the closing of the account either through
withdraw=
al by the individual or denial of access by CBP. Lastly,
informa=
tion pertaining to CBP and PGA employees will be retained for as
long as the individual maintains her or his portal access to ACE and authorization to access the information.
<=
/pre>System Manager(s) and Address:
Director, Office of Automated Systems, U=
.S. Customs and Border
Protection Headquarters, 1300 Pennsylvani=
a Avenue, NW., Washington, DC
20229.
=
Notification Procedures:
To determine whether this system contains rec=
ords relating to you,
write to Customer Satisfaction Unit, Offic=
e of Field Operations, U.S.
Customs and Border Protection, Room =
5.5-C, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229 (phon=
e: (202) 344-1850 and fax: (202) 344-
2791).
=
;
Record Access Procedures:
Requests for notification or access m=
ust be in writing and should
be addressed to the Customer Satisf=
action Unit, Office of Field
Operations, U.S. Customs and Border=
Protection, Room 5.5-C, 1300
Pennsylvania Avenue, NW., Washingt=
on, DC 20229. Requests should conform
to the requirements of 6 C=
FR part 5, subpart B, which provides the
rules for requesting ac=
cess to Privacy Act records maintained by DHS.
The envelope and =
letter should be clearly marked ``Privacy Act Access
Request.'' =
The request should include a general description of the
records =
sound and must include the requester's full name, current
addres=
s, and data and place of birth. The request must be signed and
e=
ither notarized or submitted under penalty of perjury.
Additionally, operational =
record access may be obtained through the
ACE Secure Data Portal=
for those individuals and entities who have been
approved acces=
s in accordance with the procedures published in the
Federal Reg=
ister at 67 FR 21800 dated May 1, 2002.
Contesting Record Procedures:
Same as ``Record Access Procedures.''
=
Record Source Categories:
The system contains data re=
ceived on authorized CBP forms or
electronic formats from indivi=
duals and/or companies incidental to the
conduct of foreign trad=
e and required by CBP in administering the
tariff laws and regul=
ations of the United States. The system also
contains informatio=
n pertaining to International Mail Transactions,
which is obtain=
ed from the United States Postal Service by electronic
data tran=
smission.
Exemptions Claimed for the =
System:
None.
Dated: December 22, 2005.
Maureen C=
ooney,
Acting Chief Privacy Officer, Department of Homeland Secur=
ity.
[FR Doc. E6-511 Filed 1-18-06; 8:45 am]
=
;
BILLING CODE 4410-10-P