MIME-Version: 1.0 Content-Location: file:///C:/68F5D8D3/SORN-ACS-ITDS.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" FR Doc E6-511
 
[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]
[DOCID:fr19ja06-100]   &n= bsp;            = ;        
&n=
bsp;
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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 Da=
ta Center in Washington, DC. 
Computer terminals are located at C=
ustomhouses and ports throughout the 
United States and at CBP He=
adquarters, Washington, DC, as well as 
appropriate facilities fo=
r other participating government agencies.
 
Categories of Individuals Covered by the System:
    Individuals involved in th=
e importation of merchandise, members of 
the trade community, in=
cluding but not limited to truck carriers, 
vessel, vehicle, and =
aircraft operators or crew, Customhouse brokers, 
importers and t=
heir authorized agents (i.e., trade users), persons 
required to =
file Customs Declarations for international mail 
transactions (i=
ncluding sender and recipient), DHS/CBP employees, and 
employees=
 of other Federal Government agencies.
 
Categories of Records in the System:
    The database is comprised of carrier, brok=
er, and importer/exporter 
account information (this includes per=
sonally identifying information 
(name and address, phone and/or =
fax), as well as the Significant 
Activity Log (a message log bet=
ween the ACE Portal Account Owner and 
CBP that tracks their comm=
unications sent through ACE) and the Action 
Plans referenced in =
the Significant Activity Log), entry information, 
and manifest i=
nformation. The database also includes information 
obtained from=
 Customs declarations filed with the United States Postal 
Servic=
e in connection with the import or export of goods through the 
m=
ail. System files may contain information about DHS/CBP employees, 
other Federal employees, companies, and individuals involved in
commercial land, sea, and/or air border transactions.
    The following informatio=
n 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., the truck 
carrier identif=
ication SCAC code (the unique Standard Carrier Alpha 
Code) assig=
ned for each carrier by the National Motor Freight Traffic 
Assoc=
iation), Department of Transportation number, Taxpayer ID number, 
DUNS (Dun and Bradstreet Number), Organizational structure, Name of
Insurer, Policy number, Date of Issuance and Amount. The carrier can =
create users and points of contact, and may also choose to store=
 
details associated with driver/crew, conveyance, and equipment =
for 
purposes of expediting the creation of manifests.
=
    The ACE database=
 is also comprised of manifest information that 
includes specifi=
c details regarding the crew or drivers as well as 
passengers in=
volved in a commercial land border crossing. For crew or 
drivers=
, the system will include:
 =
;   (1) Person on arriving conveyance who is in charge; (2=
) Names of 
all crew members; (3) Date of birth of each crew memb=
er; (4) Commercial 
driver's license (CDL)/drivers license number=
 for each crew member; (5) 
CDL/driver's license State/province o=
f issuance for each crew member; 
(6) CDL country of issuance for=
 each crew member; (7) Travel document 
number for each crew memb=
er; (8) Travel document country of issuance 
for each crew member=
; (9) Travel document State/province of issuance 
for each crew m=
ember; (10) Travel document type for each crew member; 
(11) Addr=
ess for each crew member; (12) Gender of each crew member; 
(13) =
Nationality/citizenship of each crew member; (14)
 
[[Page 3111]]
 
Hazmat end=
orsement for each crew member.
&=
nbsp;   For passengers, the information consists of: (1) N=
ames of all 
passengers; (2) Date of birth of each passenger; (3)=
 Travel document 
number for each passenger; (4) Travel document =
country of issuance for 
each passenger; (5) Travel document Stat=
e/province of issuance for each 
passenger; (6) Travel document t=
ype for each passenger; (7) Gender of 
each passenger; (8) Nation=
ality of each passenger.
 &=
nbsp;  Further, the ACE database includes specific details rega=
rding 
trips, equipment, conveyances, and shipments, but this inf=
ormation does 
not primarily identify individuals, except those w=
ho might be shippers 
or consignees.
 <=
/pre>
Authority for Maintenance of the System:
    19 U.S.C. 66, 1448, 1481, 1483=
, 1484, 1505, 1624, and 2071.
 
Routine=
 Uses of Records Maintained in the System, Including Categories 
=
of Users and the Purposes of Such Uses:
    In addition to those disclosures generall=
y permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a =
portion of the records or 
information contained in this system m=
ay be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C=
. 552a(b)(3) as follows:
 &=
nbsp;  (1) To the Bureau of the Census by providing magnetic ta=
pes or 
other form of electronic data transmission containing for=
eign trade 
data;
&nbs=
p;   (2) To appropriate Federal, State, local, foreign, or=
 tribal 
agencies responsible for investigating or prosecuting th=
e violations 
of, or for enforcing or implementing, a statute, ru=
le, regulation, 
order, or license, where CBP becomes aware of an=
 indication of a 
violation or potential violation of civil or cr=
iminal law or 
regulation;
    (3) To a Federal, State, local, tribal, terr=
itorial, foreign, or 
international agency, maintaining civil, cr=
iminal or other relevant 
enforcement information or other pertin=
ent information, which has 
requested information relevant to or =
necessary to the requesting 
agency's or the bureau's hiring or r=
etention 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 evidenc=
e, including disclosures to opposing 
counsel or witnesses in the=
 course of civil discovery, litigation, or 
settlement negotiatio=
ns, in response to a subpoena, or in connection 
with criminal la=
w proceedings;
   =
; (5) To third parties during the course of an investigation to the =
extent necessary to obtain information pertinent to the investig=
ation;
    (6) To an agency, organization, or individual for the purposes of 
performing authorized audit or oversight operations;
    (7) To a congressional of=
fice from the record of an individual in 
response to an inquiry =
from that congressional office made at the 
request of the indivi=
dual to whom the record pertains;
    (8) To contractors, grantees, experts, consulta=
nts, students, and 
others performing or working on a contract, s=
ervice, grant, cooperative 
agreement, or other assignment for th=
e Federal Government, when 
necessary to accomplish an agency fun=
ction related to this system of 
records;
    (9) To the Department of Ju=
stice, the United States Attorney's 
Office, or a consumer report=
ing agency for further collection action on 
any delinquent debt =
when circumstances warrant;
&nbs=
p;   (10) To a former employee of the Department for purpo=
ses of: 
responding to an official inquiry by a Federal, State, o=
r local 
government entity or professional licensing authority, i=
n accordance 
with applicable Department regulations; or facilita=
ting communications 
with a former employee that may be necessary=
 for personnel-related or 
other official purposes where the Depa=
rtment requires information and/
or consultation assistance from =
the former employee regarding a matter 
within that person's form=
er area of responsibility;
 =
;   (11) To an organization or individual in either the pu=
blic or 
private sector, either foreign or domestic, where there =
is a reason to 
believe that the recipient is or could become the=
 target of a 
particular terrorist activity or conspiracy, to the=
 extent the 
information is relevant to the protection of life or=
 property;
    (12) To the Department of Justice or other Federal agency 
c=
onducting litigation or in proceedings before any court, adjudicative 
or administrative body, when: (a) DHS, 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 th=
e 
employee, or (d) the United States or any agency thereof, is a=
 party to 
the litigation or has an interest in such litigation;<=
/pre>
    (13) T=
o the National Archives and Records Administration or other 
fede=
ral government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. Sections 2904 and
2906;
    <=
/span>(14) To a Federal, State, local, tribal, territorial, foreign, or 
international agency, if necessary to obtain information relevant t=
o a 
Department of Homeland Security decision concerning the hiri=
ng or 
retention of an employee, the issuance of a security clear=
ance, the 
reporting of an investigation of an employee, the lett=
ing of a 
contract, or the issuance of a license, grant or other =
benefit;
    (15) To a Federal agency, pursuant to the International Trade Data 
System Memorandum of Understanding, consistent with the receiving 
agency's legal authority to collect information pertaining to and/o=
r 
regulate transactions in international trade.
&=
nbsp;
Policies and Practices for Storing, Retrieving, Acces=
sing, Retaining, 
Disposing of Records in the System:
S=
torage:
    The data is stored electronically at the CBP Data Center for 
c=
urrent data and offsite at an alternative data storage facility for 
<= pre>historical logs and system backups.
 
Retrievability:
  &=
nbsp; The data is retrievable by name or personal identifier from an=
 
electronic database. Only individuals with a need to know can a=
ccess 
the data. The system manager, in addition, has the capabil=
ity to 
maintain system back-ups for the purpose of supporting co=
ntinuity of 
operations and the discrete need to isolate and copy=
 specific data 
access transactions for the purpose of conducting=
 security incident 
investigations.
 
Safeguards:
  =
;  Access to the computer area is controlled by a security pass=
 
arrangement and personnel not connected with the operation of t=
he 
computer are prohibited from entering. The building security =
is 
protected by a uniformed guard. Access at the ports is in the=
 booths 
and from any PC connected to the LAN. At the ports of pr=
ocessing, 
terminal rooms are under close supervision during work=
ing hours and 
locked after close of business. The system securit=
y officer issues a 
unique private five digit identification code=
 to each authorized user. 
Access to the computer from other than=
 system terminals is controlled 
through a security software pack=
age. Users must input a unique 
identification code and password =
during the terminal log-in procedure 
to gain access to the syste=
m. The password is not printed or displayed 
at the port of proce=
ssing. The system validates the user ID by 
transaction type, the=
reby limiting a
 
[[Page 3112]]
 
system user's access to information on a ``n=
eed-to-know'' basis. A 
listing of identification codes of author=
ized users can be printed only 
by request of the security office=
r. The passwords are changed 
periodically to enhance security.
 
Retention and Disposal:
    Files are retained o=
n-line in a system database. Personal 
information collected in A=
CE as part of the regulation of incoming 
cargo and people will b=
e retained in accordance with the U.S. Customs 
Records Schedules=
 approved by the National Archive and Records 
Administration for=
 the forms on which the data is submitted. This means 
that cargo=
, crew, driver, and passenger information collected from a 
manif=
est presented in connection with the arrival of a vessel, vehicle 
or aircraft will be retained for six years. Information collected in
connection with the submission of a Postal Declaration for a mail 
importation will be retained for a maximum of six years and three =
months (as set forth pursuant to NARA Authority N1-36-86-1, U.S.=
 
Customs Records Schedule, Schedule 9 Entry Processing, Items 4 =
and 5). 
Personal information collected in connection with the cr=
eation of a 
carrier, broker, or importer/exporter account will b=
e retained for up 
to three years following the closing of the ac=
count either through 
withdrawal by the individual or denial of a=
ccess by CBP. Lastly, 
information pertaining to CBP and PGA empl=
oyees will be retained for as 
long as the individual maintains h=
er or his portal access to ACE and 
authorization to access the i=
nformation.
 
System Manager(s) and Add=
ress:
    =
Director, Office of Automated Systems, U.S. Customs and Border 
P=
rotection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229.
 
Notification Procedures:=
    To de=
termine whether this system contains records relating to you, 
wr=
ite to Customer Satisfaction Unit, Office of Field Operations, U.S. 
<= pre>Customs and Border Protection, Room 5.5-C, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229 (phone: (202) 344-1850 and fax: (202) 34=
4-
2791).
 
Record Access Pro=
cedures:
    Requests for notification or access must be in writing and should 
=
be addressed to the Customer Satisfaction Unit, Office of Field 
=
Operations, U.S. Customs and Border Protection, Room 5.5-C, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229. Requests should confo=
rm 
to the requirements of 6 CFR part 5, subpart B, which provide=
s the 
rules for requesting access to Privacy Act records maintai=
ned by DHS. 
The envelope and letter should be clearly marked ``P=
rivacy Act Access 
Request.'' The request should include a genera=
l description of the 
records sound and must include the requeste=
r's full name, current 
address, and data and place of birth. The=
 request must be signed and 
either notarized or submitted under =
penalty of perjury.
  =
  Additionally, operational record access may be obtained throu=
gh the 
ACE Secure Data Portal for those individuals and entities=
 who have been 
approved access in accordance with the procedures=
 published in the 
Federal Register at 67 FR 21800 dated May 1, 2=
002.
 
Contesting Record Procedures:
    Same as =
``Record Access Procedures.''
 
Record =
Source Categories:
  &=
nbsp; The system contains data received on authorized CBP forms or <=
/pre>
electronic formats from individuals and/or companies incidental t=
o the 
conduct of foreign trade and required by CBP in administer=
ing the 
tariff laws and regulations of the United States. The sy=
stem also 
contains information pertaining to International Mail =
Transactions, 
which is obtained from the United States Postal Se=
rvice by electronic 
data transmission.
 
Exemptions Claimed for the System:
    None.
 =
    Dated=
: December 22, 2005.
Maureen Cooney,
Acting Chief Priva=
cy Officer, Department of Homeland Security.
[FR Doc. E6-511 File=
d 1-18-06; 8:45 am]
 
BILLING CODE 4410=
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