Sorn

[Federal Register: May 19, 2010 (Volume 75, Number 96)]

[Notices]

[Page 28046-28051]

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

[DOCID:fr19my10-80]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0014]

Privacy Act of 1974; Department of Homeland Security

Transportation Security Administration--002 Transportation Security

Threat Assessment System System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice to alter an existing Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of

Homeland Security proposes to update and reissue the Department of

Homeland Security Transportation Security Administration--002

Transportation Security Threat Assessment System of Records, November

8, 2005, to reflect necessary programmatic changes. As a result of the

biennial review of this system, modifications are being made to the

system of records' categories of individuals, categories of records,

routine uses, data retention and disposal, and notification procedures.

The Department of Homeland Security Transportation Security

Administration--002 Transportation Security Threat Assessment System

System of Records contains records related to security threat

assessments, employment investigations, and evaluations Transportation

Security Administration conducts on certain individuals for security

purposes. For example, individuals who apply for a Transportation

Worker Identification Credential or a Hazardous Materials Endorsement

must undergo a security threat assessment and records associated with

the assessment are covered by this system.

Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and

(k)(2) as reflected in the final rule published in the Federal Register

on June 25, 2004.

This updated system will continue to be included in the Department

of Homeland Security's inventory of record systems.

DATES: Submit comments on or before June 18, 2010. This amended system

will be effective June 18, 2010.

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

2010-0014 by one of the following methods:

Federal e-Rulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

Follow the instructions for submitting comments.

Fax: 703-483-2999.

Mail: Mary Ellen Callahan, 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:

Peter Pietra ([email protected]), Privacy Officer, Transportation

Security Administration, TSA-36, 601 South 12th Street, Arlington, VA

20598-6036 or [email protected]. For privacy issues please contact:

Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy

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

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the

Department of Homeland Security (DHS) Transportation Security

Administration (TSA) proposes to update and reissue a DHS/TSA system of

records notice titled, DHS/TSA--002 Transportation Security Threat

Assessment System of Records (70 FR 33383, November 8, 2005).

TSA's mission is to protect the nation's transportation systems to

ensure freedom of movement for people and commerce. To achieve this

mission, TSA is required to develop and adapt its security programs to

respond to evolving threats to transportation security. In accordance

with the biennial review of this system, the following modifications

are being made:

The categories of individuals section is updated to

expressly include individuals who seek maritime or surface

transportation facility access badges or credentials as well as

individuals who undergo a security threat assessment unassociated with

a

[[Page 28047]]

badge or credential. DHS/TSA is also adding individuals seeking to

become, or qualified as, Certified Cargo Screening Program validators;

individuals who are owners, operators, or directors of any mode of

transportation; individuals who undergo security threat assessments or

evaluations in order to obtain access to facilities over which DHS

exercises authority to this system of records. Information regarding an

individual's level of access at transportation facilities other than

airports over which DHS exercises authority, including information on

the termination or expiration of the individual's access is now also

included in the categories of records. The categories of individuals

also includes individuals who have been or seek to be distinguished

from individuals on a watch list through a redress process or other

means.

The routine uses section is updated to incorporate five

Department of Homeland Security (DHS) standard routine uses. One

routine use will allow release of information to appropriate agencies,

entities, and persons when DHS/TSA suspects or has confirmed that the

security or confidentiality of an information system of records has

been compromised. Another routine use permits the release of

information to the media when there exists a legitimate public interest

in disclosing information. Release under this routine use will require

the approval of the DHS Chief Privacy Officer in consultation with

counsel. Another routine use allows the release of information to a

court, magistrate, administrative tribunal or opposing counsel or

parties where a federal agency is a party or has an interest in the

litigation or administrative proceeding. The fourth routine use allows

DHS/TSA to release information to a former employee when it is

necessary to consult with the former employee regarding a matter that

is within that person's former area of responsibility. The fifth

routine use allows DHS/TSA to release information to appropriate

entities where it would assist in the enforcement of civil or criminal

laws.

Additionally, DHS/TSA is revising a routine use by adding

indirect air carriers and other facility operators as potential

recipients of information about individuals who are their employees,

job applicants, or contractors, or persons to whom they issue

identification credentials or grant clearances to secured areas in

transportation facilities when relevant to such employment,

application, contract, training or the issuance of such credentials or

clearances.

The retention and disposal section is updated to reflect

the records retention schedule approved by the National Archives and

Records Administration (NARA).

The notification section was changed to reflect that

inquiries regarding whether the applicable system contains records

about an individual should be directed to The Transportation Security

Administration Freedom of Information Act Office.

The Security Threat Assessment System contains records related to

security threat assessments, employment investigations, and evaluations

DHS/TSA conducts on certain individuals for security purposes. For

example, individuals who apply for a Transportation Worker

Identification Credential or a Hazardous Materials Endorsement must

undergo a security threat assessment and are covered by this system.

Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and

(k)(2). In addition, to the extent a record contains information from

other exempt systems of records, DHS/TSA will rely on the exemptions

claimed for those systems as reflected in the final rule published on

June 25, 2004 in 69 FR 35536. The information is collected to conduct

security threat assessments on individuals to ensure they do not pose,

and are not suspected of posing, a threat to transportation or national

security. Consistent with the Privacy Act, information stored in the

Transportation Security Threat Assessment System may be shared with

other DHS components, as well as appropriate federal, state, local,

tribal, foreign, or international government agencies. This sharing

will only take place after DHS determines that the receiving component

or agency has a need to know the information to carry out national

security, law enforcement, immigration, intelligence, or other

functions consistent with the routine uses set forth in this system of

records notice.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory

framework governing the means by which the United States Government

collects, maintains, uses, and disseminates individuals' records. The

Privacy Act applies to information that is maintained in a ``system of

records.'' A ``system of records'' is a group of any records under the

control of an agency for which information is retrieved by the name of

an individual or by some identifying number, symbol, or other

identifying particular assigned to the individual. In the Privacy Act,

an individual is defined to encompass United States citizens and lawful

permanent residents. As a matter of policy, DHS extends administrative

Privacy Act protections to all individuals where systems of records

maintain information on U.S. citizens, lawful permanent residents, and

visitors. Individuals may request access to their own records that are

maintained in a system of records in the possession or under the

control of DHS by complying with DHS Privacy Act regulations, 6 CFR

part 5.

The Privacy Act requires each agency to publish in the Federal

Register a description denoting the type and character of each system

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

contained in each system in order to make agency record keeping

practices transparent, to notify individuals regarding the uses to

their records are put, and to assist individuals to more easily find

such files within the agency. Below is the description of the DHS/TSA-

002 Transportation Security Threat Assessment System 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

DHS/TSA-002

System name:

Transportation Security Administration Transportation Security

Threat Assessment System (T-STAS).

Security classification:

Classified, Sensitive.

System location:

Records are maintained at the Transportation Security

Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA

20598 and TSA field offices. Records may also be maintained at the

offices of TSA contractors.

Categories of individuals covered by the system:

Individuals who undergo a security threat assessment, employment

investigation, or other evaluation performed for security purposes, or

in order to obtain access to the following: transportation

infrastructure or assets, such as terminals, facilities, pipelines,

railways, mass transit, vessels, aircraft, or vehicles; restricted

airspace; passenger baggage; cargo; shipping venues; or other

facilities or critical infrastructure over which the DHS exercises

authority; Sensitive Security

[[Page 28048]]

Information or Classified information provided in connection with

transportation security matters; or transportation-related instruction

or training (such as flight training). This includes, but is not

limited to, the following individuals:

(a) Individuals who require or seek access to airports, or maritime

or surface transportation facilities, or facilities over which DHS

exercises authority.

(b) Individuals who have or are seeking responsibility for

screening individuals or carry-on baggage, and those persons serving as

immediate supervisors and the next supervisory level to those

individuals, other than employees of the DHS/TSA who perform or seek to

perform these functions.

(c) Individuals who have or are seeking responsibility for

screening checked baggage or cargo, and their immediate supervisors,

and the next supervisory level to those individuals, other than

employees of the DHS/TSA who perform or seek to perform these

functions.

(d) Individuals who have or are seeking the authority to accept

checked baggage for transport on behalf of an aircraft operator that is

required to screen passengers.

(e) Pilots, copilots, flight engineers, flight navigators, and

airline personnel authorized to fly in the cockpit, relief or

deadheading crewmembers, cabin crew, and other flight crew for an

aircraft operator or foreign air carrier that is required to adopt and

carry out a security program.

(f) Flight crews and passengers who request waivers of temporary

flight restrictions (TFRs) or other restrictions pertaining to

airspace.

(g) Other individuals who are connected to the transportation

industry for whom DHS/TSA conducts security threat assessments to

ensure transportation security.

(h) Individuals who have or are seeking unescorted access to cargo

in the transportation system.

(i) Individuals who are owners, officers, or directors of an

indirect air carrier or a business seeking to become an indirect air

carrier.

(j) Aliens or other individuals designated by DHS/TSA who apply for

flight training or recurrent training.

(k) Individuals transported on all-cargo aircraft, including

aircraft operator or foreign air carrier employees and their family

members and persons transported for the flight.

(l) Individuals seeking to become, or qualified as, known shippers

or Certified Cargo Screening Program validators.

(m) Known or suspected terrorists identified in the Terrorist

Screening Database (TSDB) of the Federal Bureau of Investigation's

(FBI) Terrorist Screening Center (TSC); individuals identified by DHS/

TSA to the TSDB because they pose a threat to civil aviation or

national security; and individuals on classified and unclassified

governmental terrorist, law enforcement, immigration, or intelligence

databases, including databases maintained by the Department of Defense,

National Counterterrorism Center, or Federal Bureau of Investigation.

(n) Individuals who have been or seek to be distinguished from

individuals on a watch list through a redress process or other means.

(o) Individuals who are owners, operators or directors of any

transportation mode facilities, services, or assets.

Categories of records in the system:

DHS/TSA's system may contain any, or all, of the following

information regarding individuals covered by this system:

(a) Name (including aliases or variations of spelling).

(b) Gender.

(c) Current and historical contact information (including, but not

limited to, address information, telephone number, and e-mail).

(d) Government-issued licensing or identification information

(including, but not limited to, Social security number; pilot

certificate information, including number and country of issuance;

current and past citizenship information; immigration status; alien

registration numbers; visa information; and other licensing information

for modes of transportation).

(e) Date and place of birth.

(f) Name and information, including contact information and

identifying number (if any) of the airport, aircraft operator, indirect

air carrier, maritime or land transportation operator, or other

employer or entity that is employing the individual, or submitting the

individual's information, or sponsoring the individual's background

check/threat assessment.

(g) Physical description, fingerprint and/or other biometric

identifier, and photograph.

(h) Date, place, and type of flight training or other instruction.

(i) Control number or other unique identification number assigned

to an individual or credential.

(j) Information necessary to assist in tracking submissions,

payments, and transmission of records.

(k) Results of any analysis performed for security threat

assessments and adjudications.

(l) Other data as required by Form FD 258 (fingerprint card) or

other standard fingerprint cards used by the federal government.

(m) Information provided by individuals covered by this system in

support of their application for an appeal or waiver.

(n) Flight information, including crew status on board.

(o) Travel document information (including, but not limited to,

passport information, including number and country of issuance; and

current and past citizenship information and immigration status, any

alien registration numbers, and any visa information).

(p) Criminal history records.

(q) Data gathered from foreign governments or entities that is

necessary to address security concerns in the aviation, maritime, or

land transportation systems.

(r) Other information provided by federal, state, and local

government agencies or private entities relevant to the assessment,

investigation, or evaluation.

(s) The individual's level of access at an airport or other

transportation facility, including termination or expiration of access.

(t) Military service history.

(u) Suitability testing and results of such testing.

Authority for maintenance of the system:

49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936,

44939, and 46105.

Purpose(s):

(a) Performance of security threat assessments, employment

investigations, and evaluations performed for security purposes that

Federal statutes and/or DHS/TSA regulations authorize for the

individuals identified in ``Categories of individuals covered by the

system,'' above.

(b) To assist in the management and tracking of the status of

security threat assessments, employment investigations, and evaluations

performed for security purposes.

(c) To permit the retrieval of the results of security threat

assessments, employment investigations, and evaluations performed for

security purposes; including criminal history records checks and

searches in other governmental, commercial, and private data systems,

performed on the individuals covered by this system.

(d) To permit the retrieval of information from other terrorist-

related,

[[Page 28049]]

law enforcement, immigration and intelligence databases on the

individuals covered by this system.

(e) To track the fees incurred, and payment of those fees, by the

airport operators, aircraft operators, maritime and land transportation

operators, flight students, and others, where appropriate, for services

related to security threat assessments, employment investigations, and

evaluations performed for security purposes.

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.

522a(b) of the Privacy Act, all or a portion of the records or

information contained in this system may be disclosed as a routine use

pursuant to 5 U.S.C. 522a(b)(3) as follows;

A. To the Department of Justice (DOJ) (including United States

Attorney Offices) or other federal agency in anticipation of, or

conducting litigation, or in proceedings, before any court,

adjudicative or administrative body, when it is necessary to the

litigation and one of the following is a party to the litigation or has

an interest in such litigation:

1. DHS or any component thereof;

2. Any employee of DHS in his/her official capacity;

3. Any employee of DHS in his/her individual capacity, where DOJ or

DHS has agreed to represent the employee; or

4. The United States or any agency thereof, is a party to the

litigation, or has an interest in such litigation, and DHS determines

that the records are both relevant and necessary to the litigation and

the use of such records is compatible with the purpose for which DHS

collected the records.

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, or other

federal government agencies, pursuant to records management inspections

being conducted under the authority of 44 U.S.C. 2904 and 2906.

D. To an agency, organization, or individual 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 harm to economic or property

interests, identity theft or fraud, or harm to the security or

integrity of this system or other systems or programs (whether

maintained by DHS or another agency or entity) or harm to the

individual that rely upon the compromised information;

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,

volunteers, or 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

required to comply with the 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 agency, including law enforcement, or other appropriate

authority charged with investigating or prosecuting a violation or

enforcing or implementing a law, rule, regulation, or order, where 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 the U.S. Department of Transportation, its operating

administrations, or the appropriate state or local agency, when

relevant or necessary to:

1. Ensure safety and security in any mode of transportation;

2. Enforce safety- and security-related regulations and

requirements;

3. Assess and distribute intelligence or law enforcement

information related to transportation security;

4. Assess and respond to threats to transportation;

5. Oversee the implementation and ensure the adequacy of security

measures at airports and other transportation facilities;

6. Plan and coordinate any actions or activities that may affect

transportation safety and security or the operations of transportation

operators; or

7. The issuance, maintenance, or renewal of a license, endorsement,

certificate, contract, grant, or other benefit.

I. To the appropriate Federal, State, local, tribal, territorial,

foreign, or international agency regarding individuals who pose, or are

suspected of posing, a risk to transportation or national security.

J. To a Federal, State, local, tribal, territorial, foreign, or

international agency, where such agency has requested information

relevant or necessary for the hiring or retention of an individual; or

the issuance of a security clearance, license, endorsement, contract,

grant, waiver, credential, or other benefit.

K. To a Federal, State, local, tribal, territorial, foreign, or

international agency, if necessary to obtain information relevant to a

DHS/TSA decision concerning initial or recurrent security threat

assessment, the hiring or retention of an employee; the issuance of a

security clearance, license, endorsement, contract, grant, waiver,

credential, or other benefit and to facilitate any associated payment

and accounting.

L. To international and foreign governmental authorities, in

accordance with law and formal or informal international agreement.

M. To third parties during the course of a security threat

assessment, employment investigation, or adjudication of a waiver or

appeal request, to the extent necessary to obtain information pertinent

to the assessment, investigation, or adjudication.

N. To airport operators, aircraft operators, maritime and surface

transportation operators, indirect air carriers and other facility

operators about individuals who are their employees, job applicants or

contractors, or persons to whom they issue identification credentials

or grant clearances to secured areas in transportation facilities when

relevant to such employment, application, contract, training or the

issuance of such credentials or clearances.

O. To a former employee of DHS, in accordance with applicable

regulations, for purposes of responding to an official inquiry by a

federal, state, or local government entity or professional licensing

authority; or facilitating communications with a former employee that

may be necessary for personnel-related or other official purposes where

the Department requires information or consultation assistance from the

former employee regarding a matter within that person's former area of

responsibility.

[[Page 28050]]

P. To a court, magistrate, or administrative tribunal where a

federal agency is a party to the litigation or administrative

proceeding 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 connection with criminal

law proceedings.

Q. To the appropriate federal, state, local, tribal, territorial,

foreign, or international agency responsible for investigating,

prosecuting, enforcing, or implementing a statute, rule, regulation,

order, license, or treaty, where DHS/TSA determines that the

information would assist in the enforcement of a civil or criminal

laws.

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 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 or a risk to transportation or national

security.

Disclosure to consumer reporting agencies:

None.

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

and disposing of records in the system:

Storage:

Records may be maintained on paper and in computer-accessible

storage media. Records may also be stored on microfiche and roll

microfilm. Records that are sensitive or classified are safeguarded in

accordance with agency procedures, and applicable Executive Orders and

statutes.

Retrievability:

Records may be retrieved by name, social security number,

identifying number of the submitting or sponsoring entity, other case

number assigned by DHS/TSA or other entity/agency, biometric, or a

unique identification number, or any other identifying particular

assigned or belonging to the individual.

Safeguards:

Records in this system are safeguarded 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.

Retention and disposal:

In accordance with National Archives and Records Administration

approved retention and disposal policy N1-560-06, individuals who were

not identified as possible security threat, records will be destroyed

one year after DHS/TSA is notified that access based on security threat

assessment is no longer valid; where an individual was identified as a

possible security threat and subsequently cleared, records will be

destroyed seven years after completion of the security threat

assessment or one year after being notified that access based on the

security threat assessment is no longer valid, whichever is longer; and

where the individual is an actual match to a watchlist, records will be

destroyed 99 years after the security threat assessment or seven years

after DHS/TSA is notified the individual is deceased, whichever is

shorter.

System manager(s) and address:

Assistant Director for Compliance, Transportation Threat Assessment

& Credentialing Office, TSA-19, Transportation Security Administration,

601 South 12th Street, Arlington, VA 20598.

Notification procedure:

The Secretary of Homeland Security has exempted this system from

the notification, access, and amendment procedures of the Privacy Act

because it is a law enforcement system. However, DHS/TSA will consider

individual requests to determine whether or not information may be

released. Thus, individuals seeking notification and access to any

record contained in the system of records, or seeking to contest its

content, may submit a request in writing to the DHS/TSA's FOIA Officer.

DHS/TSA's FOIA Officer is located at; Freedom of Information Act

Office, TSA-20, 601 S. 12th Street, 11th Floor, East Tower, Arlington,

VA 20598-6020, 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-1406, E-

mail: [email protected].

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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dhs.gov or 1-866-431-0486. In addition you should provide the

following:

An explanation of 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;

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.

Record access procedure:

Same as ``Notification Procedure,'' above.

Contesting record procedure:

Same as ``Notification Procedure'' above.

Record source categories:

Records are obtained from individuals subject to a security threat

assessment, employment investigation, or other security analysis; from

aviation, maritime, and land transportation operators, flight schools,

or other persons sponsoring the individual; and any other persons,

including commercial entities that may have information that is

relevant or necessary to the assessment or investigation. Information

about individuals is also used or collected from domestic and

international intelligence sources and other governmental, private, and

public databases. The sources of information in the criminal history

records obtained from the Federal Bureau of Investigation are set forth

in the Privacy Act system of records notice Department of Justice

Federal Bureau of Investigation--009 Fingerprint Identification Records

System (72 FR 3410, January 1, 2007).

[[Page 28051]]

Exemptions claimed for the system:

The Secretary of Homeland Security has exempted portions of this

system from subsections (c)(3); (d); (e)(1), (e)(4)(G); (H); (I); and

(f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) as

reflected in the final rule published on June 25, 2004 in 69 FR 35536.

In addition, to the extent a record contains information from other

exempt systems of records, DHS/TSA will rely on the exemptions claimed

for those systems.

Mary Ellen Callahan,

Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2010-11919 Filed 5-18-10; 8:45 am]

BILLING CODE 4910-62-P