Sorn Dhs/cbp-007 (bci)

89957

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Number of
respondents

Average
burden
per response
(in hours)

Type of
respondent

Pediatric Expedited Amendment Review .............
Adult Expedited Continuing Review .....................
Pediatric Expedited Continuing Review ...............
Adult Cooperative Group Response to CIRB Review.
Pediatric Cooperative Group Response to CIRB
Review.
Adult Expedited Study Chair Response to Required Mod.
Pediatric Expedited Study Chair Response to
Required Mod.
Reviewer Worksheet—Determination of UP or
SCN.
Reviewer Worksheet—CIRB Statistical Reviewer
Form.
CIRB Application for Translated Documents ........
Reviewer Worksheet of Translated Documents ...
Reviewer Worksheet of Recruitment Material ......
Reviewer Worksheet Expedited Study Closure
Review.
Reviewer Worksheet Expedited Review of Study
Chair Response to CIRB—Required Modifications.
Reviewer Worksheet of Expedited IR ..................
Reviewer Worksheet—CPC—Determination of
UP or SCN.
Annual Signatory Institution Worksheet About
Local Context.
Annual Principal Investigator Worksheet About
Local Context.
Study-Specific Worksheet About Local Context ...
Study Closure or Transfer of Study Review Responsibility Form.
UP or SCN Reporting Form .................................
Change of SI PI Form ..........................................
CTSU Web site Customer Satisfaction Survey ....
CTSU Help Desk Customer Satisfaction Survey
CTSU OPEN Survey ............................................
CIRB Customer Satisfaction Survey ....................
Follow-up Survey (Communication Audit) ............

Board Members ............
Board Members ............
Board Members ............
Health Care Practitioner

140
140
36
30

1
1
1
1

30/60
30/60
30/60
60/60

70
70
18
30

Health Care Practitioner

5

1

60/60

5

Board Members ............

40

1

15/60

10

Board Members ............

40

1

15/60

10

Board Members ............

360

1

10/60

61

Board Members ............

100

1

60/60

100

Health Care Practitioner
Board Members ............
Board Members ............
Board Members ............

100
100
20
20

1
1
1
1

30/60
15/60
15/60
15/60

50
25
5
5

Board Members ............

5

1

30/60

3

Board Members ............
Board Members ............

5
40

1
1

30/60
15/60

3
10

Health Care Practitioner

400

1

40/60

267

Health Care Practitioner

1,800

1

20/60

600

Health Care Practitioner
Health Care Practitioner

4,800
1,680

1
1

20/60
15/60

1,600
420

360
120
275
325
60
600
300

1
1
1
1
1
1
1

20/60
15/60
15/60
15/60
15/60
15/60
15/60

120
30
69
81
15
150
75

18

1

60/60

18

CIRB Board Member Annual Assessment Survey
PIO Customer Satisfaction Survey .......................
Concept Clinical Trial Survey ...............................
Prospective Clinical Trial Survey ..........................
Low Accrual Clinical Trial Survey .........................
ETCTN PI Survey .................................................
ETCTN RS Survey ...............................................

Health Care Practitioner
Health Care Practitioner
Health Care Practitioner
Health Care Practitioner
Health Care Practitioner
Participants ...................
Participants/Board
Members.
Participants/Board
Members.
Board Members ............
Health Care Practitioner
Health Care Practitioner
Health Care Practitioner
Health Care Practitioner
Physician ......................
Health Care Practitioner

60
60
500
1,000
1,000
75
175

1
1
1
1
1
1
1

20/60
5/60
5/60
1/60
1/60
15/60
15/60

20
5
42
17
17
19
44

Totals .............................................................

.......................................

24,125

100,362

........................

15,531

Web site Focus Groups, Communication Project

pmangrum on DSK3GDR082PROD with NOTICES

Number of
responses per
respondent

Form name

Dated: December 1, 2016.
Karla Bailey,
Project Clearance Liaison, National Cancer
Institute, National Institutes of Health.

DEPARTMENT OF HOMELAND
SECURITY

ACTION:

Office of the Secretary

SUMMARY:

[FR Doc. 2016–29767 Filed 12–12–16; 8:45 am]

[Docket No. DHS–2016–0088]

BILLING CODE 4140–01–P

Privacy Act of 1974; Department of
Homeland Security/U.S. Customs and
Border Protection-007 Border Crossing
Information (BCI) System of Records
Department of Homeland
Security, Privacy Office.

AGENCY:

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

PO 00000

Frm 00066

Fmt 4703

Sfmt 4703

Total annual
burden hours

Notice of Privacy Act System of
Records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security (DHS)/U.S. Customs and
Border Protection (CBP)-007 Border
Crossing Information (BCI) System of
Records.’’ This system of records allows

E:\FR\FM\13DEN1.SGM

13DEN1

pmangrum on DSK3GDR082PROD with NOTICES

89958

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

DHS/CBP to collect and maintain
records on border crossing information
for all individuals who enter, are
admitted or paroled into, and (when
available) exit from the United States,
regardless of method or conveyance.
The BCI includes certain biographic and
biometric information; photographs;
responses to immigration and customs
inspection-related questions, certain
mandatory or voluntary itinerary
information provided by air, sea, bus,
and rail carriers or any other forms of
passenger transportation; and the time
and location of the border crossing.
DHS/CBP is updating this system of
records notice to provide notice that BCI
categories of records include responses
to immigration and customs inspection
questions collected to facilitate the CBP
inspection process and to add a new
routine use permitting DHS/CBP to
share information from this system of
records with external organizations if
the information is relevant and
necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit.
This system of records notice was
previously published in the Federal
Register on January 25, 2016 (81 FR
4040). A Final Rule exempting portions
of this system from certain provisions of
the Privacy Act was published on March
21, 2016 (81 FR 14947) and remains in
effect. DHS will include this system in
its inventory of record systems.
DATES: Submit comments on or before
January 12, 2017. This updated system
will be effective January 12, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0088 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: Jonathan R. Cantor, Acting
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://
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: Debra
L. Danisek (202) 344–1610, CBP Privacy

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

Officer, U.S. Customs and Border
Protection, Privacy and Diversity Office,
1300 Pennsylvania Avenue, NW.,
Washington, DC 20229. For privacy
questions, please contact: Jonathan R.
Cantor, (202) 343–1717, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S. Customs
and Border Protection (CBP) proposes to
update and reissue a DHS system of
records titled, ‘‘DHS/CBP–007 Border
Crossing Information (BCI) System of
Records.’’ DHS/CBP is updating this
system of records notice to provide
notice that BCI categories of records
include responses to immigration and
customs inspection questions collected
to facilitate the CBP inspection process
and to add a new routine use permitting
DHS/CBP to share information from this
system of records with external
organizations if the information is
relevant and necessary to a requesting
agency’s decision concerning the hiring
or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit.
DHS/CBP’s priority mission is to
prevent terrorists and terrorist weapons
from entering the country while
facilitating legitimate travel and trade.
To further this mission, DHS/CBP
maintains BCI about all individuals who
enter, are admitted or paroled into, and
(when available) exit from the United
States regardless of method or
conveyance. BCI includes certain
biographic and biometric information;
photographs; certain responses to
inspection questions; certain mandatory
or voluntary itinerary information
provided by air, sea, bus, and rail
carriers or any other forms of passenger
transportation; and the time and
location of the border crossing. BCI
resides on the TECS (not an acronym)
information technology (IT) platform.
DHS/CBP is responsible for collecting
and reviewing BCI from travelers
entering and departing the United States
as part of DHS/CBP’s overall border
security and enforcement missions. All
individuals crossing the border are
subject to DHS/CBP inspection upon
arrival in the United States. Each
traveler entering the United States is
required to establish his or her identity,
nationality, and admissibility, as
applicable, to the satisfaction of a CBP
Officer during the inspection process.
To manage this process, DHS/CBP
creates a record of an individual’s

PO 00000

Frm 00067

Fmt 4703

Sfmt 4703

admission or parole into the United
States at a particular time and port of
entry. DHS/CBP also collects
information about U.S. citizens and
certain aliens upon departure from the
United States for law enforcement
purposes and to document their border
crossing.
DHS is statutorily mandated to create
and integrate an automated entry and
exit system that records the arrival and
departure of aliens (8 U.S.C. 1365a),
verifies alien identities, and
authenticates alien travel documents
through the comparison of biometric
identifiers (8 U.S.C. 1365b). Certain
aliens may be required to provide
biometrics (including digital fingerprint
scans, palm prints, photographs, facial
and iris images, or other biometric
identifiers) upon arrival in or departure
from the United States. The biometric
data is stored in the Automated
Biometric Identification System (IDENT)
IT system. IDENT stores and processes
biometric data (e.g., digital fingerprints,
palm prints, photographs, and iris
scans) and links biometrics with
biographic information to establish and
verify identities. The IDENT system
serves as the biometric repository for
DHS and also stores related biographic
information.
Collection of additional biometric
information from individuals crossing
the border (such as information
regarding scars, marks, tattoos, and
palm prints) aids biometric sharing
between the Department of Justice (DOJ)
Integrated Automated Fingerprint
Identification System (IAFIS)/Next
Generation Identification (NGI) and the
IDENT system. The end result is
enhanced access to (and in some cases
acquisition of) IAFIS/NGI information
by the IDENT system and its users. DHS,
DOJ/FBI, and the Department of State
(DOS)/Bureau of Consular Affairs
entered into a Memorandum of
Understanding (MOU) for Improved
Information Sharing Services in 2008.
The MOUs established the framework
for sharing information in accordance
with an agreed-upon technical solution
for expanded IDENT/IAFIS/NGI
interoperability, which provides access
to additional data for a greater number
of authorized users.
CBP collects border crossing
information stored in the BCI system of
records through a number of sources, for
example: (1) Travel documents (e.g., a
foreign passport) presented by an
individual at a CBP port of entry when
he or she provided no advance notice of
the border crossing to CBP; (2) carriers
that submit information in advance of
travel through the Advance Passenger
Information System (APIS) (see DHS/

E:\FR\FM\13DEN1.SGM

13DEN1

pmangrum on DSK3GDR082PROD with NOTICES

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
CBP–005 Advance Passenger
Information System (APIS) SORN, 80 FR
13407, (March 13, 2015)); (3)
information stored in the Global
Enrollment System (GES) (see DHS/
CBP–002 Global Enrollment System
(GES) SORN, 78 FR 3441, (January 16,
2013)) as part of a trusted or registered
traveler program; (4) written or oral
responses to immigration and customs
inspection questions provided by
travelers to facilitate the inspection
process; (5) cameras posted in prescreening and screening areas that take
photos in support of the inspection
process; (6) non-federal governmental
authorities that issued valid travel
documents approved by the Secretary of
DHS (e.g., an Enhanced Driver’s License
(EDL)); (7) another federal agency that
issued a valid travel document (e.g.,
data from a DOS visa, passport
including passport card, or Border
Crossing Card); or (8) the Canada Border
Services Agency (CBSA) pursuant to the
Beyond the Border Entry/Exit Program.
When a traveler applies to enter, enters,
is admitted to, paroled into, or departs
from the United States, his or her
biographical information, photograph
(when available), and crossing details
(time and location) are maintained in
accordance with the DHS/CBP–007
Border Crossing Information SORN.
DHS/CBP is updating this system of
records notice, last published January
25, 2016 (81 FR 4040), to modify
categories of records to include
responses to certain CBP inspection
questions collected to facilitate the
inspection process and to add a new
routine use permitting DHS/CBP to
share information from this system of
records with external organizations if
the information is relevant and
necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit. DHS/CBP
collects traveler responses to certain
CBP inspection questions via the
Customs Declaration Form 6059B. This
form is stored by arrival date or flight
number at the various ports of entry.
DHS/CBP has now deployed the
Automated Passport Control Kiosk and
the Mobile Passport Control mobile
application, both of which permit
travelers to submit responses to certain
inspection-related questions
electronically. The responses are stored
by DHS/CBP and are now retrievable by
unique identifier, therefore warranting
an expansion of the BCI SORN to
include these responses although DHS/
CBP has collected responses to
inspection questions since inception.

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

With this SORN update, DHS is also
adding a new Routine Use Q, which
permits DHS/CBP to share information
with an appropriate federal, state, local,
tribal, foreign, or international agency if
the information is relevant and
necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request. DHS/
CBP is adding this new routine use to
share certain border crossing
information with external organizations
in the course of employee or applicant
suitability screening (e.g., unreported
foreign travel for individuals who hold
sensitive security positions).
Consistent with DHS’s information
sharing mission, information stored in
the DHS/CBP–007 BCI SORN 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.
The exemptions for the existing
system of records notice published
January 25, 2016 (81 FR 4040), continue
to apply for this updated system of
records for those categories of records
listed in the previous System of Records
Notice. A Final Rule exempting portions
of this system from certain provisions of
the Privacy Act was published on March
21, 2016 (81 FR 14947), and remains in
effect. Furthermore, to the extent certain
categories of records are ingested from
other systems, the exemptions
applicable to the source systems will
remain in effect.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the Federal
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 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.

PO 00000

Frm 00068

Fmt 4703

Sfmt 4703

89959

citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
CBP–007 Border Crossing Information
(BCI) 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)-007.
SYSTEM NAME:

DHS/CBP–007 Border Crossing
Information (BCI).
SECURITY CLASSIFICATION:

Unclassified, Sensitive, For Official
Use Only (FOUO), and Law
Enforcement-Sensitive (LES). 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 currently maintains records
in information technology (IT) systems
at DHS/CBP Headquarters in
Washington, DC and at field offices.
Computer terminals are located at
customhouses, border ports of entry,
airport inspection facilities under the
jurisdiction of DHS/CBP, and other
locations at which DHS/CBP authorized
personnel may be posted to facilitate
DHS’s mission. Terminals may also be
located at appropriate facilities for other
participating government agencies.
Records are replicated from the
operational IT system and maintained
on DHS unclassified and classified
networks.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals with records stored in BCI
include U.S. citizens, lawful permanent
residents (LPR), and immigrant and
non-immigrant aliens who lawfully
cross the U.S. border by air, land, or sea,
regardless of method of transportation
or conveyance.
CATEGORIES OF RECORDS IN THE SYSTEM:

DHS/CBP collects and stores the
following records in the BCI system as
border crossing information:
• Full name (last, first, and, if
available, middle);
• Date of birth;

E:\FR\FM\13DEN1.SGM

13DEN1

pmangrum on DSK3GDR082PROD with NOTICES

89960

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

• Gender;
• Travel document type and number
(e.g., passport information, permanent
resident card, Trusted Traveler Program
card);
• Issuing country or entity and
expiration date;
• Photograph (when available);
• Country of citizenship;
• Tattoos;
• Scars;
• Marks;
• Palm prints;
• Digital fingerprints;
• Digital iris scans;
• Radio Frequency Identification
(RFID) tag number(s) (if land or sea
border crossing);
• Date and time of crossing;
• Lane for clearance processing;
• Location of crossing;
• Responses to certain CBP
inspection-related questions;
• Secondary Examination Status; and
• For land border crossings only,
license plate number or Vehicle
Identification Number (VIN) (if no plate
exists).
CBP maintains in BCI information
derived from an associated APIS
transmission (when applicable), as well
as any results of APIS information
compared against CBP or partner data,
which may include:
• Full name (last, first, and, if
available, middle);
• Date of birth;
• Gender;
• Country of citizenship;
• Passport/alien registration number
and country of issuance;
• Passport expiration date;
• Country of residence;
• Status on board the aircraft;
• Travel document type;
• U.S. destination address (for all
private aircraft passengers and crew,
and commercial air, rail, bus, and vessel
passengers except for U.S. Citizens,
LPRs, crew, and those in transit);
• Place of birth and address of
permanent residence (commercial flight
crew only);
• Pilot certificate number and country
of issuance (flight crew only, if
applicable);
• Passenger Name Record (PNR)
locator number;
• Primary inspection lane;
• ID inspector;
• Records containing the results of
comparisons of individuals to
information maintained in CBP’s law
enforcement databases as well as
information from the Terrorist
Screening Database (TSDB);
• Information on individuals with
outstanding wants or warrants; and
• Information from other government
agencies regarding high risk parties.

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

CBP collects records under the Entry/
Exit Program with Canada, such as
border crossing data from the Canada
Border Services Agency (CBSA),
including:
• Full name (last, first, and if
available, middle);
• Date of Birth;
• Nationality (citizenship);
• Gender;
• Document Type;
• Document Number;
• Document Country of Issuance;
• Port of entry location (Port code);
• Date of entry; and
• Time of entry.
In addition, air and sea carriers or
operators covered by the APIS rules and
rail and bus carriers (to the extent
voluntarily applicable) also transmit or
provide the following information to
CBP for retention in BCI:
• Airline carrier code;
• Flight number;
• Vessel name;
• Vessel country of registry/flag;
• International Maritime Organization
number or other official number of the
vessel;
• Voyage number;
• Date of arrival/departure;
• Foreign airport/port where the
passengers and crew members began
their air/sea transportation to the United
States;
• For passengers and crew members
destined for the United States:
Æ The location where the passengers
and crew members will undergo
customs and immigration clearance by
CBP.
• For passengers and crew members
who are transiting through (and crew on
flights over flying) the United States and
not clearing CBP:
Æ The foreign airport/port of ultimate
destination; and
Æ Status on board (whether an
individual is crew or non-crew).
• For passengers and crew departing
the United States:
Æ Final foreign airport/port of arrival.
Other information also stored in this
system of records includes:
• Aircraft registration number
provided by pilots of private aircraft;
• Type of aircraft;
• Call sign (if available);
• CBP issued decal number (if
available);
• Place of last departure (e.g., ICAO
airport code, when available);
• Date and time of aircraft arrival;
• Estimated time and location of
crossing U.S. border or coastline;
• Name of intended airport of first
landing, if applicable;
• Owner or lessee name (first, last,
and middle, if available, or business
entity name);

PO 00000

Frm 00069

Fmt 4703

Sfmt 4703

• Owner or lessee contact information
(address, city, state, zip code, country,
telephone number, fax number, and
email address, pilot, or private aircraft
pilot name);
• Pilot information (license number,
street address (number and street, city
state, zip code, country), telephone
number, fax number, and email
address);
• Pilot license country of issuance;
• Operator name (for individuals:
Last, first, and middle, if available; or
name of business entity, if available);
• Operator street address (number
and street, city, state, zip code, country,
telephone number, fax number, and
email address);
• Aircraft color(s);
• Complete itinerary (foreign airport
landings within 24 hours prior to
landing in the United States);
• 24-hour emergency point of contact
information (e.g., broker, dispatcher,
repair shop, or other third party who is
knowledgeable about this particular
flight):
Æ Full name (last, first, and middle (if
available)) and telephone number; and
• Incident to the transmission of
required information via eAPIS (for
general aviation itineraries, pilot, and
passenger manifests), records will also
incorporate the pilot’s email address.
To the extent private aircraft operators
and carriers may transmit APIS, similar
information may also be recorded in BCI
by CBP with regard to such travel. CBP
also collects the license plate number of
the conveyance (or VIN number when
no plate exists) in the land border
environment for both arrival and
departure (when departure information
is available).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for BCI is provided by the
Enhanced Border Security and Visa
Entry Reform Act of 2002 (Pub. L. 107–
173, 116 Stat. 543 (2002)); the Aviation
and Transportation Security Act of 2001
(Pub. L. 107–71, 115 Stat. 597); the
Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108–
458, 118 Stat. 3638 (2004)); the
Immigration and Nationality Act, as
amended, (8 U.S.C. 1185, 1354, 1365a
and 1365b); and the Tariff Act of 1930,
as amended, (19 U.S.C. 1322–1683g,
including 19 U.S.C. 66, 1433, 1454,
1485, 1624 and 2071).
PURPOSE(S):

DHS/CBP collects and maintains this
information to vet and inspect persons
arriving in or departing from the United
States; to determine identity,
citizenship, and admissibility; and to
identify persons who: (1) may be (or are

E:\FR\FM\13DEN1.SGM

13DEN1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
suspected of being) a terrorist or having
affiliations to terrorist organizations; (2)
have active warrants for criminal
activity; (3) are currently inadmissible
or have been previously removed from
the United States; or (4) have been
otherwise identified as potential
security risks or raise a law enforcement
concern. For immigrant and nonimmigrant aliens, the information is also
collected and maintained to ensure
information related to a particular
border crossing is available for
providing any applicable benefits
related to immigration or other
enforcement purposes. Lastly, DHS/CBP
maintains information in BCI to retain a
historical record of persons crossing the
border to facilitate law enforcement,
counterterrorism, and benefits
processing.
DHS/CBP maintains a replica of some
or all of the data in the operating system
on DHS unclassified and classified
networks to allow for analysis and
vetting consistent with the above stated
purposes and this published notice.

pmangrum on DSK3GDR082PROD 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 United States
Attorneys, or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or necessary to the litigation and one of
the following is a party to the litigation
or has an interest in such litigation:
1. DHS or any Component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

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
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, tribal,
local, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, or license, when DHS
believes the information would assist
enforcement of applicable civil or
criminal laws.
I. To the CBSA for law enforcement
and immigration purposes, as well as to
facilitate cross-border travel when an

PO 00000

Frm 00070

Fmt 4703

Sfmt 4703

89961

individual enters the United States from
Canada.
J. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS reasonably
believes there to be a threat (or potential
threat) to national or international
security for which the information may
be relevant in countering the threat (or
potential threat).
K. To a federal, state, tribal, or local
agency, other appropriate entity or
individual, or foreign governments, in
order to provide relevant information
related to intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law, E.O.,
or other applicable national security
directive.
L. To an organization or individual in
either the public or private sector
(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, or when
the information is relevant and
necessary to the protection of life or
property.
M. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations for the purposes of
protecting the vital interests of the data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease, to combat other significant
public health threats, or to provide
appropriate notice of any identified
health threat or risk.
N. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations, or in connection with
criminal law proceedings.
O. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation.
P. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations when DHS is aware of a
need to use relevant data for purposes
of testing new technology.
Q. To an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the

E:\FR\FM\13DEN1.SGM

13DEN1

89962

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
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, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/CBP stores records in this
system electronically in the operational
IT system, including on DHS
unclassified and classified networks, or
on paper in secure facilities in a locked
drawer behind a locked door. The
records may be stored on magnetic disc,
tape, digital media, and CD–ROM.

SYSTEM MANAGER AND ADDRESS:

RETRIEVABILITY:

DHS/CBP retrieves records by name
or other personal identifiers listed in the
categories of records, above.

pmangrum on DSK3GDR082PROD with NOTICES

SAFEGUARDS:

DHS/CBP safeguards records in this
system in accordance with applicable
rules and policies, including all
applicable DHS automated systems
security and access policies. Strict
controls are imposed to minimize the
risk of compromising the information
that is being stored. DHS/CBP limits
access to BCI to those individuals who
have a need to know the information for
the performance of their official duties
and who also have appropriate
clearances or permissions.
RETENTION AND DISPOSAL:

DHS/CBP is working with NARA to
develop the appropriate retention
schedule based on the information
below. For persons DHS/CBP
determines to be U.S. citizens and LPRs,

VerDate Sep<11>2014

information in BCI that is related to a
particular border crossing is maintained
for 15 years from the date when the
traveler entered, was admitted to or
paroled into, or departed the United
States, at which time it is deleted from
BCI. For non-immigrant aliens, the
information will be maintained for 75
years from the date of admission or
parole into or departure from the United
States in order to ensure that the
information related to a particular
border crossing is available for
providing any applicable benefits
related to immigration or for other law
enforcement purposes.
Information related to border
crossings prior to a change in status will
follow the 75 year retention period for
non-immigrant aliens who become U.S.
citizens or LPRs following a border
crossing that leads to the creation of a
record in BCI. All information regarding
border crossing by such persons
following their change in status will
follow the 15 year retention period
applicable to U.S. citizens and LPRs.
For all travelers, however, BCI records
linked to active law enforcement
lookout records, DHS/CBP matches to
enforcement activities, or investigations
or cases remain accessible for the life of
the primary records of the law
enforcement activities to which the BCI
records may relate, to the extent
retention for such purposes exceeds the
normal retention period for such data in
BCI.
Records replicated on the unclassified
and classified networks for analysis and
vetting will follow the same retention
schedule.

15:08 Dec 12, 2016

Jkt 241001

Director, Traveler Entry Programs,
U.S. Customs and Border Protection
Headquarters, 1300 Pennsylvania
Avenue, NW., Washington, DC 20229.
NOTIFICATION PROCEDURE:

DHS/CBP allows persons (including
foreign nationals) to seek administrative
access under the Privacy Act to
information maintained in BCI.
However, the Secretary of DHS
exempted portions of this system from
the notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system.
Nonetheless, DHS/CBP will consider
individual requests to determine
whether or not information may be
released. Thus, individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the DHS
Chief Freedom of Information Act
(FOIA) Officer or CBP FOIA Officer,

PO 00000

Frm 00071

Fmt 4703

Sfmt 4703

whose contact information can be found
at http://www.dhs.gov/foia under
‘‘Contacts.’’ If an individual believes
more than one Component maintains
Privacy Act records that concern him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief FOIA Officer, Department of
Homeland Security, 245 Murray Lane
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.
Although 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, you
should:
• Explain why you believe the
Department would have information on
you;
• Identify which Component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS Component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, CBP
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.
In processing requests for access to
information in this system, CBP will
review the records in the operational
system and coordinate with DHS to
address access to records on the DHS
unclassified and classified networks.
RECORD ACCESS PROCEDURES:

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

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

DHS/CBP collects information from
individuals who arrive in, depart from,

E:\FR\FM\13DEN1.SGM

13DEN1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices
or transit through the United States.
This system also collects information
from carriers that operate vessels,
vehicles (including buses), aircraft, or
trains that enter or exit the United
States, including private aircraft
operators. Lastly, BCI receives border
crossing information from CBSA.

DEPARTMENT OF HOMELAND
SECURITY

EXEMPTIONS CLAIMED FOR THE SYSTEM:

AGENCY:

Transportation Security Administration
Intent To Request Approval From OMB
of One New Public Collection of
Information: TSA Canine Training
Center Adoption Application

pmangrum on DSK3GDR082PROD with NOTICES

No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person at
the time of crossing and submitted by
that person’s air, sea, bus, or rail carriers
if that person, or his or her agent, seeks
access or amendment of such
information.
The Privacy Act, however, 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 particular records may affect
ongoing law enforcement activities. The
Secretary of DHS, pursuant to 5 U.S.C.
552a(j)(2), exempted this system from
the following provisions of the Privacy
Act: Sections (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as is
necessary and appropriate to protect
this information. Further, DHS has
exempted 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.
Additionally, this system contains
records or information recompiled from
or created from information contained
in other systems of records that are
exempt from certain provision of the
Privacy Act. This system also contains
accountings of disclosures made with
respect to information maintained in the
system. For these records or information
only, in accordance with 5 U.S.C.
552a(j)(2) and (k)(2), DHS will also
claim the original exemptions for these
records or information from subsecs.
(c)(3) and (4); (d)(1), (2), (3), and (4);
(e)(1), (2), (3), (4)(G) through (I), (5), and
(8); (f); and (g) of the Privacy Act of
1974, as amended, as necessary and
appropriate to protect such information.
Dated: December 8, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–29898 Filed 12–12–16; 8:45 am]
BILLING CODE 9111–14–P

VerDate Sep<11>2014

15:08 Dec 12, 2016

Jkt 241001

Transportation Security
Administration, DHS.
ACTION: 60-Day notice.
The Transportation Security
Administration (TSA) invites public
comment on a new Information
Collection Request (ICR) abstracted
below that we will submit to the Office
of Management and Budget (OMB) for
approval in compliance with the
Paperwork Reduction Act (PRA). The
ICR describes the nature of the
information collection and its expected
burden. The collection involves
gathering information from individuals
who wish to adopt a TSA canine
through the TSA Canine Training Center
(CTC) Adoption Program.
DATES: Send your comments by
February 13, 2017.
ADDRESSES: Comments may be emailed
to [email protected] or delivered to
the TSA PRA Officer, Office of
Information Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Christina A. Walsh at the above address,
or by telephone (571) 227–2062.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at http://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using

PO 00000

Frm 00072

Fmt 4703

Sfmt 4703

89963

appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
Purpose
The TSA Canine Program is a
Congressionally-mandated program that
operates pursuant to section 110(e)(3) of
the Aviation and Transportation
Security Act (ATSA), Public Law 107–
71 (115 Stat. 597, Nov. 19, 2001); the
Homeland Security Act of 2002, Public
Law 107–296 (116 Stat. 2135, Nov. 25,
2002); and the Implementing
Recommendations of the 9/11
Commission Act of 2007, Public Law
110–53 (121 Stat. 266, Aug. 3, 2007).
The program is a partnership between
TSA; aviation, mass transit, and
maritime sectors; and State and local
law enforcement.
The TSA Canine Program developed
the TSA CTC to train and deploy
explosive detection canine teams to
local, State, and Federal agencies in
support of daily activities that protect
the transportation domain. Canine
teams consist of transportation security
inspectors, or local/state law
enforcement officers, paired with
explosives detection canines. These
canines are trained on a variety of
explosives based on intelligence data
and emerging threats. Canine teams are
deployed after successfully undergoing
a 10- or 12-week training program.
Approximately 83 percent of canines
graduate from the training program.
These canines are continually assessed
to ensure they demonstrate operational
proficiency in their environment.
Currently, the canine attrition rate is
between 15–18 percent. This arises from
canines who do not graduate from the
training program and those who
successfully graduate but are later
assessed as not performing at
operational proficiency. TSA CTC
typically repurposes 42 percent of the
canines eliminated from the program to
other Federal, State and local law
enforcement agencies; however, the
remainder may be placed for adoption.
TSA has created the TSA CTC Adoption
Program to find suitable individuals or
families to adopt the canines and to
provide good homes. Individuals
seeking to adopt a TSA canine must
complete the TSA CTC Adoption
Application.
Description of Data Collection
The TSA CTC Adoption Application
is an online application that collects
personal information from the public to
determine their suitability to adopt a

E:\FR\FM\13DEN1.SGM

13DEN1