Esta Sorn

39680

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0053]

Agency Information Collection
Activities: Accreditation of Commercial
Testing Laboratories and Approval of
Commercial Gaugers
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day notice and request for
comments; Extension of an existing
collection of information.
AGENCY:

U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act: Accreditation of
Commercial Testing Laboratories and
Approval of Commercial Gaugers (CBP
Form 6478). This is a proposed
extension of an information collection
that was previously approved. CBP is
proposing that this information
collection be extended with a change to
the burden hours, there is no change to
the information collected. This
document is published to obtain
comments from the public and affected
agencies.
DATES: Written comments should be
received on or before July 18, 2016 to be
assured of consideration.
ADDRESSES: Interested persons are
invited to submit written comments on
this proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the OMB Desk Officer for Customs
and Border Protection, Department of
Homeland Security, and sent via
electronic mail to oira_submission@
omb.eop.gov or faxed to (202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Regulations and Rulings, Office of
Trade, 90 K Street NE., 10th Floor,
Washington, DC 20229–1177, at 202–
325–0265.
SUPPLEMENTARY INFORMATION: This
proposed information collection was
previously published in the Federal
Register (81 FR 14120) on March 16,
2016, allowing for a 60-day comment
period. This notice allows for an
additional 30 days for public comments.

sradovich on DSK3TPTVN1PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

18:07 Jun 16, 2016

Jkt 238001

This process is conducted in accordance
with 5 CFR 1320.10. CBP invites the
general public and other Federal
agencies to comment on proposed and/
or continuing information collections
pursuant to the Paperwork Reduction
Act of 1995 (Pub. L. 104–13; 44 U.S.C.
3507). The comments should address:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s
estimates of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden, including the use
of automated collection techniques or
the use of other forms of information
technology; and (e) the annual costs to
respondents or record keepers from the
collection of information (total capital/
startup costs and operations and
maintenance costs). The comments that
are submitted will be summarized and
included in the CBP request for OMB
approval. All comments will become a
matter of public record. In this
document, CBP is soliciting comments
concerning the following information
collection:
Title: Accreditation of Commercial
Testing Laboratories and Approval of
Commercial Gaugers.
OMB Number: 1651–0053.
Form Number: Form 6478.
Abstract: Commercial laboratories
seeking accreditation or approval must
provide the information specified in 19
CFR 151.12 to Customs and Border
Protection (CBP), and Commercial
Gaugers seeking CBP approval must
provide the information specified under
19 CFR 151.13. This information may be
submitted on CBP Form 6478. After the
initial approval and/or accreditation, a
private company may ‘‘extend’’ its
approval and/or accreditation to add
facilities by submitting a formal written
request to CBP. This application process
is authorized by Section 613 of Public
Law 103–182 (NAFTA Implementation
Act), codified at 19 U.S.C. 1499, which
directs CBP to establish a procedure to
accredit privately owned testing
laboratories. The information collected
is used by CBP in deciding whether to
approve individuals or businesses
desiring to measure bulk products or to
analyze importations. Instructions for
completing these applications are
accessible at: http://www.cbp.gov/
about/labs-scientific/commercialgaugers-and-laboratories. CBP Form
6478 is accessible at: http://
www.cbp.gov/sites/default/files/

PO 00000

Frm 00057

Fmt 4703

Sfmt 4703

documents/CBP%20Form%206478_
0.pdf.
Current Actions: This submission is
being made to extend the expiration
date with a change to the burden hours
based on updated estimates of the
number of applicants and record
keepers associated with this information
collection. There are no changes to the
information collected.
Type of Review: Extension (with
change).
Affected Public: Businesses.
Applications for Commercial Testing
and Approval of Commercial Gaugers:
Estimated Number of Annual
Respondents: 8.
Estimated Time per Response: 1.25
hours.
Estimated Total Annual Burden
Hours: 10.
Record Keeping Associated with
Applications for Commercial Testing
and Approval of Commercial Gaugers:
Estimated Number of Respondents:
180.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 180.
Dated: June 14, 2016.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2016–14360 Filed 6–16–16; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0029]

Privacy Act of 1974; Department of
Homeland Security, U.S. Customs and
Border Protection–009 Electronic
System for Travel Authorization
System of Records
Department of Homeland
Security, Privacy Office.

AGENCY:

Notice of Privacy Act System of
Records.

ACTION:

In accordance with the
Privacy Act of 1974 (Privacy Act), the
Department of Homeland Security
(DHS) proposes to update and reissue
the DHS system of records titled, ‘‘DHS/
U.S. Customs and Border Protection
(CBP)–009 Electronic System for Travel
Authorization (ESTA) System of
Records.’’ This system of records allows

SUMMARY:

E:\FR\FM\17JNN1.SGM

17JNN1

sradovich on DSK3TPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
DHS/CBP to collect and maintain
records on nonimmigrant aliens seeking
to travel to the United States under the
Visa Waiver Program and other persons,
including U.S. citizens and lawful
permanent residents, whose names are
provided to DHS as part of a
nonimmigrant alien’s ESTA application.
The system is used to determine
whether an applicant is eligible to travel
to and enter the United States under the
Visa Waiver Program (VWP) by vetting
his or her ESTA application information
against selected security and law
enforcement databases at DHS,
including but not limited to TECS (not
an acronym) and the Automated
Targeting System (ATS). In addition,
ATS retains a copy of ESTA application
data to identify ESTA applicants who
may pose a security risk to the United
States. The ATS maintains copies of key
elements of certain databases in order to
minimize the impact of processing
searches on the operational systems and
to act as a backup for certain operational
systems. DHS may also vet ESTA
application information against security
and law enforcement databases at other
Federal agencies to enhance DHS’s
ability to determine whether the
applicant poses a security risk to the
United States and is eligible to travel to
and enter the United States under the
VWP. The results of this vetting may
inform DHS’s assessment of whether the
applicant’s travel poses a law
enforcement or security risk and
whether the application should be
approved.
DHS/CBP is updating this system of
records notice, last published on
February 23, 2016 (81 FR 8979), to
modify the scope of the system of
records to reflect that the Secretary of
Homeland Security is adding Somalia,
Libya, and Yemen to the list of countries
of concern for heightened ESTA
enhancement questions. DHS/CBP is
also updating the categories of records
to include these new countries of
concerns to the ESTA enhancement
questions and an additional data
element, the including Global Entry
Program Number, to assist DHS/CBP in
determining eligibility to travel under
the VWP.
DHS/CBP issued a Final Rule to
exempt this system of records from
certain provisions of the Privacy Act on
August 31, 2009 (74 FR 45070). These
regulations remain in effect.
DATES: This updated system will be
effective June 16, 2016. Although this
system is effective June 17, 2016, DHS
will accept and consider comments
from the public and evaluate the need
for any revisions to this notice.

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

You may submit comments,
identified by docket number DHS–
2016–0029 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 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: John
Connors, (202) 344–1610, CBP Privacy
Officer, 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
20528–0655.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S. Customs
and Border Protection (CBP) is updating
and reissuing a current DHS system of
records titled, ‘‘DHS/CBP–009
Electronic System for Travel
Authorization (ESTA) System of
Records.’’
In the wake of September 11, 2001,
Congress enacted the Implementing
Recommendations of the 9/11
Commission Act of 2007, Public Law
110–53. sec. 711 of that Act sought to
address the security vulnerabilities
associated with Visa Waiver Program
(VWP) travelers not being subject to the
same degree of screening as other
international visitors. As a result, sec.
711 required DHS to develop and
implement a fully automated electronic
travel authorization system to collect
biographical and other information
necessary to evaluate the security risks
and eligibility of an applicant to travel
to the United States under the VWP.
The VWP is a travel facilitation program
that has evolved to include more robust
security standards that are designed to
prevent terrorists and other criminal
actors from exploiting the program to
enter the country.

PO 00000

Frm 00058

Fmt 4703

Sfmt 4703

39681

The Electronic System for Travel
Authorization (ESTA) is a web-based
system that DHS/CBP developed in
2008 to determine the eligibility of
foreign nationals to travel by air or sea
to the United States under the VWP.
Using the ESTA Web site, applicants
submit biographic information and
answer questions that permit DHS to
determine eligibility for travel under the
VWP. DHS/CBP uses the information
submitted to ESTA to make a
determination regarding whether the
applicant is eligible to travel under the
VWP, including whether his or her
intended travel poses a law enforcement
or security risk. DHS/CBP vets the ESTA
applicant information against selected
security and law enforcement databases,
including TECS (DHS/CBP–011 U.S.
Customs and Border Protection TECS,
73 FR 77778 (December 19, 2008)) and
ATS (DHS/CBP–006 Automated
Targeting System, 77 FR 30297 (May 22,
2012)).
The ATS also retains a copy of the
ESTA application data to identify ESTA
applicants who may pose a security risk
to the United States. The ATS maintains
copies of key elements of certain
databases in order to minimize the
impact of processing searches on the
operational systems and to act as a
backup for certain operational systems.
DHS may also vet ESTA application
information against security and law
enforcement databases at other Federal
agencies to enhance DHS’s ability to
determine whether the applicant poses
a security risk to the United States or is
otherwise eligible to travel to and enter
the United States under the VWP. The
results of this vetting may inform DHS’s
assessment of whether the applicant’s
travel poses a law enforcement or
security risk. The ESTA eligibility
determination is made prior to a visitor
boarding a carrier en route to the United
States.
DHS/CBP is updating this system of
records notice, last published on
February 17, 2016 (81 FR 8979), to
modify the scope of the system of
records to reflect that the Secretary of
Homeland Security is adding Somalia,
Libya, and Yemen to the list of countries
of concern subject to the travel-related
restriction provided in the Visa Waiver
Program Improvement and Terrorist
Travel Prevention Act of 2015 to receive
heightened ESTA enhancement
questions. DHS/CBP is also updating the
categories of records to include these
new countries of concerns to the ESTA
enhancement questions and an
additional data element, the including
Global Entry Program Number, to assist
DHS/CBP in determining eligibility to
travel under the VWP.

E:\FR\FM\17JNN1.SGM

17JNN1

39682

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

sradovich on DSK3TPTVN1PROD with NOTICES

On December 18, 2015, the President
signed into law the Visa Waiver
Program Improvement and Terrorist
Travel Prevention Act of 2015 as part of
the Consolidated Appropriations Act of
2016. To meet the requirements of this
new law, DHS strengthened the security
of the VWP through enhancements to
the ESTA application and to the
Nonimmigrant Visa Waiver Arrival/
Departure Record Form (Form I–94W).
The Act generally makes certain
nationals of VWP countries ineligible
(with some exceptions) from traveling to
the United States under the VWP if the
applicant is also a national of, or at any
time on or after March 1, 2011 has been
present in, Iraq, Syria, a designated state
sponsor of terrorism (currently Iran,
Sudan, and Syria),1 or any other country
or area of concern as designated by the
Secretary of Homeland Security.2 DHS
is updating this SORN to reflect that the
Secretary of Homeland Security is
adding, with respect to the travel-related
restriction only, Somalia, Libya, and
Yemen to the list of countries of concern
to receive the heightened ESTA
enhancement questions. The
designation of Somalia, Libya, and
Yemen as additional countries of
concern will not affect the VWP
eligibility of dual-nationals of those
countries.
In addition, due to the ongoing
national security concerns surrounding
foreign fighters exploiting the VWP,
DHS/CBP is also updating the categories
of records to include an additional data
element, the Global Entry Program
Number, to assist DHS/CBP in
determining eligibility to travel under
the VWP. If an ESTA applicant has
already been approved for travel under
the Global Entry program, DHS has
previously determined that the
applicant is a low-risk traveler. This
previous assessment and continued
vetting under the Global Entry Program
will provide CBP with valuable
information when considering an
applicant’s ESTA application, including
allowing CBP to make better informed
determinations when assessing whether
1 Countries determined by the Secretary of State
to have repeatedly provided support for acts of
international terrorism are generally designated
pursuant to three laws: sec. 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405); sec.
40 of the Arms Export Control Act (22 U.S.C. 2780);
and sec. 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371).
2 The Act establishes exceptions to the bar for
travel to Iraq, Syria, Iran, and Sudan since March
1, 2011, for individuals determined by the Secretary
of Homeland Security to have been present in these
countries, ‘‘(i) in order to perform military service
in the armed forces of a [VWP] program country; or
(ii) in order to carry out official duties as a full time
employee of the government of a [VWP] program
country.’’ 8 U.S.C. 1187(a)(12)(B).

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

an applicant presents a security risk,
and when considering an applicant’s
eligibility for a waiver of VWP
ineligibility.
Consistent with DHS’s information
sharing mission, information stored in
the ‘‘DHS/CBP–009 Electronic System
for Travel Authorization System of
Records’’ may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/CBP may share
information stored in ESTA with other
Federal security and counterterrorism
agencies, as well as on a case-by-case
basis to appropriate State, local, tribal,
territorial, foreign, or international
government agencies. This external
sharing takes place after DHS
determines that it is consistent with the
routine uses set forth in this system of
records notice.
Additionally, for ongoing, systematic
sharing, DHS completes an information
sharing and access agreement with
partners to establish the terms and
conditions of the sharing, including
documenting the need to know,
authorized users and uses, and the
privacy protections for the data.
DHS previously issued a Final Rule to
exempt this system of records from
certain provisions of the Privacy Act on
August 31, 2009 (74 FR 45070). These
regulations remain in effect. This
updated system will be included in
DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice 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 an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Given the importance of providing
privacy protections to international
travelers, and because the ESTA
application has generally solicited

PO 00000

Frm 00059

Fmt 4703

Sfmt 4703

contact information about U.S. persons,
DHS always administratively applied
the privacy protections and safeguards
of the Privacy Act to all international
travelers subject to ESTA. The ESTA
falls within the mixed system policy
and DHS will continue to extend the
administrative protections of the
Privacy Act to information about
travelers and non-travelers whose
information is provided to DHS as part
of the ESTA application.
Below is the description of the DHS/
U.S. Customs and Border Protection–
009 Electronic System for Travel
Authorization System of Records
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records:

Department of Homeland Security
(DHS)/U.S. Customs and Border
Protection (CBP)–009.
SYSTEM NAME:

DHS/CBP–009 Electronic System for
Travel Authorization System (ESTA).
SECURITY CLASSIFICATION:

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

DHS/CBP maintains records at the
CBP Headquarters in Washington, DC
and field offices. Records are replicated
from the operational system and
maintained on the DHS unclassified and
classified networks.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
1. Persons who seek to enter the
United States by air or sea under the
VWP; and,
2. Persons, including U.S. Citizens
and lawful permanent residents, whose
information is provided in response to
ESTA application questions.
CATEGORIES OF RECORDS IN THE SYSTEM:

Visa Waiver Program travelers may
seek the required travel authorization by
electronically submitting an application
consisting of biographical and other
data elements via the ESTA Web site.
The categories of records in ESTA
include:
• Full name (first, middle, and last);
• Other names or aliases, if available;
• Date of birth;

E:\FR\FM\17JNN1.SGM

17JNN1

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

sradovich on DSK3TPTVN1PROD with NOTICES

• City and country of birth;
• Gender;
• Email address;
• Telephone number (home, mobile,
work, other);
• Home address (address, apartment
number, city, state/region);
• Internet protocol (IP) address;
• ESTA application number;
• Global Entry Program Number;
• Country of residence;
• Passport number;
• Passport issuing country;
• Passport issuance date;
• Passport expiration date;
• Department of Treasury Pay.gov
payment tracking number (i.e.,
confirmation of payment; absence of
payment confirmation will result in a
‘‘not cleared’’ determination);
• Country of citizenship;
• Other citizenship (country, passport
number);
• National identification number, if
available;
• Address while visiting the United
States (number, street, city, state);
• Emergency point of contact
information (name, telephone number,
email address);
• U.S. Point of Contact (name,
address, telephone number);
• Parents’ names;
• Current job title;
• Current or previous employer name;
• Current or previous employer street
address; and
• Current or previous employer
telephone number.
The categories of records in ESTA
also include responses to the following
questions:
• Do you have a physical or mental
disorder, or are you a drug abuser or
addict,3 or do you currently have any of
the following diseases (communicable
diseases are specified pursuant to sec.
361(b) of the Public Health Service Act):
Æ Cholera
Æ Diphtheria
Æ Tuberculosis, infection
Æ Plague
Æ Smallpox
Æ Yellow Fever
Æ Viral Hemorrhagic Fevers,
including Ebola, Lassa, Marburg,
Crimean-Congo
3 Immigration and Nationality Act 212(a)(1)(A).
Pursuant to 8 U.S.C. 1182(a), aliens may be
inadmissible to the United States if they have a
physical or mental disorder and behavior associated
with the disorder that may pose, or has posed, a
threat to the property, safety, or welfare of the alien
or others, or (ii) to have had a physical or mental
disorder and a history of behavior associated with
the disorder, which behavior has posed a threat to
the property, safety, or welfare of the alien or others
and which behavior is likely to recur or to lead to
other harmful behavior, or are determined (in
accordance with regulations prescribed by the
Secretary of Health and Human Services) to be a
drug abuser or addict.

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

Æ Severe acute respiratory illnesses
capable of transmission to other persons
and likely to cause mortality.
• Have you ever been arrested or
convicted for a crime that resulted in
serious damage to property, or serious
harm to another person or government
authority?
• Have you ever violated any law
related to possessing, using, or
distributing illegal drugs?
• Do you seek to engage in or have
you ever engaged in terrorist activities,
espionage, sabotage, or genocide?
• Have you ever committed fraud or
misrepresented yourself or others to
obtain, or assist others to obtain, a visa
or entry into the United States?
• Are you currently seeking
employment in the United States or
were you previously employed in the
United States without prior permission
from the U.S. government?
• Have you ever been denied a U.S.
visa you applied for with your current
or previous passport, or have you ever
been refused admission to the United
States or withdrawn your application
for admission at a U.S. port of entry? If
yes, when and where?
• Have you ever stayed in the United
States longer than the admission period
granted to you by the U.S. government?
• Have you traveled to, or been
present in, Iraq, Syria, Iran, Sudan,
Somalia, Libya, or Yemen on or after
March 1, 2011? If yes, provide the
country, date(s) of travel, and reason for
travel. Depending on the purpose of
travel to these countries, additional
responses may be required including:
Æ Previous countries of travel;
Æ Dates of previous travel;
Æ Countries of previous citizenship;
Æ Other current or previous
passports;
Æ Visa numbers;
Æ Laissez-Passer numbers;
Æ Identity card numbers;
Æ Organization, company, or entity
on behalf of which you traveled;
Æ Official position/title with the
organization, company, or entity behalf
of which you traveled;
Æ Contact information for
organization, company, or entity on
behalf of which you traveled;
Æ Iraqi, Syrian, Iranian, Sudanese,
Somali, Libyan, or Yemeni Visa
Number;
Æ I-Visa, G-Visa, or A-Visa number, if
issued by a U.S. Embassy or Consulate;
Æ All organizations, companies, or
entities with which you had business
dealings, or humanitarian contact;
Æ Grant number, if applicant’s
organization has received U.S.
government funding for humanitarian
assistance within the last five years;

PO 00000

Frm 00060

Fmt 4703

Sfmt 4703

39683

Æ Additional passport information (if
issued a passport or national identity
card for travel by any other country),
including country, expiration year, and
passport or identification card number;
Æ Any other information provided
voluntarily in open, write-in fields
provided to the ESTA applicant.
• Have you ever been a citizen or
national of any other country? If yes,
other countries of previous citizenship
or nationality? If Iraq, Syria, Iran,
Sudan, Somalia, Libya, or Yemen are
selected, follow-up questions are asked
regarding status of current citizenship
including dual-citizenship information,
and how citizenship was acquired.
Applicants who identify Iraq, Syria,
Iran, Sudan, Somalia, Libya, or Yemen
as their Country of Birth on ESTA will
be directed to follow-up questions to
determine whether they currently are a
national or dual national of their
country of birth.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Title IV of the Homeland Security Act
of 2002, 6 U.S.C. 201 et seq., the
Immigration and Naturalization Act, as
amended, including 8 U.S.C. 1187(a)(11)
and (h)(3), and implementing
regulations contained in part 217, title
8, Code of Federal Regulations; the
Travel Promotion Act of 2009, Public
Law 111–145, 22 U.S.C. 2131.
PURPOSE(S):

The purpose of this system is to
collect and maintain a record of persons
who want to travel to the United States
under the VWP, and to determine
whether applicants are eligible to travel
to and enter the United States under the
VWP. The information provided
through ESTA is also vetted—along
with other information that the
Secretary of Homeland Security
determines is necessary, including
information about other persons
included on the ESTA application—
against various security and law
enforcement databases to identify those
applicants who pose a security risk to
the United States. This vetting includes
consideration of the applicant’s IP
address, and all information provided in
response to the ESTA application
questionnaire, including all free text
write-in responses.
The Department of Treasury Pay.gov
tracking number (associated with the
payment information provided to
Pay.gov and stored in the Credit/Debit
Card Data System, DHS/CBP–003
Credit/Debit Card Data System (CDCDS)
76 FR 67755 (November 2, 2011)) will
be used to process ESTA and third party
administrator fees and to reconcile
issues regarding payment between

E:\FR\FM\17JNN1.SGM

17JNN1

39684

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

ESTA, CDCDS, and Pay.gov. Payment
information will not be used for vetting
purposes and is stored in a separate
system (CDCDS) from the ESTA
application data.
DHS maintains a replica of some or all
of the data in ESTA on the unclassified
and classified DHS networks to allow
for analysis and vetting consistent with
the above stated uses and purposes and
this published notice.

sradovich on DSK3TPTVN1PROD with NOTICES

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the U.S. 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 (GSA)
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations for the purpose of
protecting the vital health interests of a
data subject or other persons (e.g., to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
threat or risk).
I. 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.
J. To a Federal, State, tribal, local,
international, or foreign government
agency or entity for the purpose of
consulting with that agency or entity: (1)
To assist in making a determination
regarding redress for an individual in
connection or program; (2) for the
purpose of verifying the identity of an

PO 00000

Frm 00061

Fmt 4703

Sfmt 4703

individual seeking redress in
connection with the operations of a DHS
Component or program; or (3) for the
purpose of verifying the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
K. To Federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security to assist in
countering such threat, or to assist in
anti-terrorism efforts.
L. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements.
M. 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 or property.
N. To the carrier transporting an
individual to the United States, prior to
travel, in response to a request from the
carrier, to verify an individual’s travel
authorization status.
O. To the Department of Treasury’s
Pay.gov, for payment processing and
payment reconciliation purposes.
P. 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 connection with criminal law
proceedings.
Q. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines 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.

E:\FR\FM\17JNN1.SGM

17JNN1

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/CBP stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
RETRIEVABILITY:

DHS/CBP may retrieve records by any
of the data elements supplied by the
applicant.
SAFEGUARDS:

DHS/CBP safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. DHS/CBP has imposed
strict controls 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.

sradovich on DSK3TPTVN1PROD with NOTICES

RETENTION AND DISPOSAL:

Application information submitted to
ESTA generally expires and is deemed
‘‘inactive’’ two years after the initial
submission of information by the
applicant. In the event that a traveler’s
passport remains valid for less than two
years from the date of the ESTA
approval, the ESTA travel authorization
will expire concurrently with the
passport. Information in ESTA will be
retained for one year after the ESTA
travel authorization expires. After this
period, the inactive account information
will be purged from online access and
archived for 12 years. Data linked at any
time during the 15-year retention period
(generally 3 years active, 12 years
archived), to active law enforcement
lookout records, will be matched by
DHS/CBP to enforcement activities,
and/or investigations or cases, including
ESTA applications that are denied
authorization to travel, will remain
accessible for the life of the law
enforcement activities to which they
may become related. NARA guidelines
for retention and archiving of data will
apply to ESTA and DHS/CBP continues
to negotiate with NARA for approval of
the ESTA data retention and archiving
plan. Records replicated on the
unclassified and classified networks
will follow the same retention schedule.
Payment information is not stored in
ESTA, but is forwarded to Pay.gov and
stored in DHS/CBP’s financial

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

processing system, CDCDS, pursuant to
the DHS/CBP–018, CDCDS system of
records notice. When a VWP traveler’s
ESTA data is used for purposes of
processing his or her application for
admission to the United States, the
ESTA data will be used to create a
corresponding admission record in the
DHS/CBP–016 Non-Immigrant
Information System (NIIS). This
corresponding admission record will be
retained in accordance with the NIIS
retention schedule, which is 75 years.
SYSTEM MANAGER AND ADDRESS:

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

Applicants may access their ESTA
information to view and amend their
applications by providing their ESTA
number, birth date, and passport
number. Once they have provided their
ESTA number, birth date, and passport
number, applicants may view their
ESTA status (authorized to travel, not
authorized to travel, pending) and
submit limited updates to their travel
itinerary information. If an applicant
does not know his or her application
number, he or she can provide his or her
name, passport number, date of birth,
and passport issuing country to retrieve
his or her application number.
In addition, ESTA applicants and
other individuals whose information is
included on ESTA applications may
submit requests and receive information
maintained in this system as it relates to
data submitted by or on behalf of a
person who travels to the United States
and crosses the border, as well as, for
ESTA applicants, the resulting
determination (authorized to travel,
pending, or not authorized to travel).
However, the Secretary of Homeland
Security has exempted portions of this
system from certain provisions of the
Privacy Act related to providing the
accounting of disclosures to individuals
because it is a law enforcement system.
DHS/CBP will, however, consider
individual requests to determine
whether or not information may be
released. In processing requests for
access to information in this system,
DHS/CBP will review the records in the
operational system and coordinate with
DHS to ensure that records that were
replicated on the unclassified and
classified networks, are reviewed and
based on this notice provide appropriate
access to the information.
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to

PO 00000

Frm 00062

Fmt 4703

Sfmt 4703

39685

contest its content, may submit a
request in writing to the Chief Privacy
Officer and Headquarters Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
http://www.dhs.gov/foia under ‘‘FOIA
Contact Information.’’ 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
FOIA Officer, http://www.dhs.gov/foia
or 1–866–431–0486. In addition,
individuals 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 or her
agreement for you to access his or her
records.
Without the above 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 PROCEDURES:

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

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

DHS/CBP obtains records from
information submitted by travelers via

E:\FR\FM\17JNN1.SGM

17JNN1

39686

Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

the online ESTA application at https://
esta.cbp.dhs.gov/esta/.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

No exemption shall be asserted with
respect to information maintained in the
system as it relates to data submitted by
or on behalf of a person who travels to
visit the United States and crosses the
border, nor shall an exemption be
asserted with respect to the resulting
determination (authorized to travel,
pending, or not authorized to travel).
Information in the system may be
shared with law enforcement and/or
intelligence agencies pursuant to the
above routine uses. The Privacy Act
requires DHS to maintain an accounting
of the disclosures made pursuant to all
routines uses. Disclosing the fact that a
law enforcement or intelligence agency
has sought and been provided particular
records may affect ongoing law
enforcement activities. As such,
pursuant to 5 U.S.C. 552a(j)(2), DHS will
continue to claim exemption from secs.
(c)(3), (e)(8), and (g) of the Privacy Act
of 1974, as amended, as is necessary and
appropriate to protect this information,
as described in the previously published
Final Rule to exempt this system of
records from certain provisions of the
Privacy Act on August 31, 2009 (74 Fed.
Reg. 45070). Further, DHS will claim
exemption from sec. (c)(3) of the Privacy
Act of 1974, as amended, pursuant to 5
U.S.C. 552a(k)(2) as is necessary and
appropriate to protect this information.
Dated: June 10, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–14422 Filed 6–16–16; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5907–N–25]

Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:

This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for use to assist the
homeless.
FOR FURTHER INFORMATION CONTACT:
Juanita Perry, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 402–3970; TTY

sradovich on DSK3TPTVN1PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

16:48 Jun 16, 2016

Jkt 238001

number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, and suitable/to be excess,
and unsuitable. The properties listed in
the three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to: Ms. Theresa M.
Ritta, Chief Real Property Branch, the
Department of Health and Human
Services, Room 5B–17, Parklawn
Building, 5600 Fishers Lane, Rockville,
MD 20857, (301) 443–2265 (This is not
a toll-free number.) HHS will mail to the
interested provider an application
packet, which will include instructions
for completing the application. In order
to maximize the opportunity to utilize a
suitable property, providers should
submit their written expressions of
interest as soon as possible. For
complete details concerning the

PO 00000

Frm 00063

Fmt 4703

Sfmt 4703

processing of applications, the reader is
encouraged to refer to the interim rule
governing this program, 24 CFR part
581.
For properties listed as suitable/to be
excess, that property may, if
subsequently accepted as excess by
GSA, be made available for use by the
homeless in accordance with applicable
law, subject to screening for other
Federal use. At the appropriate time,
HUD will publish the property in a
Notice showing it as either suitable/
available or suitable/unavailable.
For properties listed as suitable/
unavailable, the landholding agency has
decided that the property cannot be
declared excess or made available for
use to assist the homeless, and the
property will not be available.
Properties listed as unsuitable will
not be made available for any other
purpose for 20 days from the date of this
Notice. Homeless assistance providers
interested in a review by HUD of the
determination of unsuitability should
call the toll free information line at
1–800–927–7588 for detailed
instructions or write a letter to Ann
Marie Oliva at the address listed at the
beginning of this Notice. Included in the
request for review should be the
property address (including zip code),
the date of publication in the Federal
Register, the landholding agency, and
the property number.
For more information regarding
particular properties identified in this
Notice (i.e., acreage, floor plan, existing
sanitary facilities, exact street address),
providers should contact the
appropriate landholding agencies at the
following addresses: Coast Guard:
Commandant, United States Coast
Guard, Attn: Jennifer Stomber, 2703
Martin Luther King Jr. Avenue SE., Stop
7741, Washington, DC 20593–7714;
(202) 475–5609; GSA: Mr. Flavio Peres,
General Services Administration, Office
of Real Property Utilization and
Disposal, 1800 F Street NW., Room
7040, Washington, DC 20405, (202) 501–
0084; Navy: Mr. Steve Matteo,
Department of the Navy, Asset
Management Division, Naval Facilities
Engineering Command, Washington
Navy Yard, 1330 Patterson Ave. SW.,
Suite 1000, Washington, DC 20374;
(202) 685–9426 (These are not toll-free
numbers).

E:\FR\FM\17JNN1.SGM

17JNN1