Subject: Federal Register, Volume 78 Issue 49 (Wednesday, March 13, 2013)
From: "Saved by Windows Internet Explorer 8"
Date: Fri, 26 Apr 2013 10:54:31 -0400

[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15962-15968]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2013-05674]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0073]

Privacy Act of 1974; Department of Homeland Security, U.S.
Customs and Border Protection--DHS/CBP-018--Customs--Trade Partnership
Against Terrorism (C-TPAT) System, System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to

[[Page 15963]]

establish a new system of records titled, ``Department of Homeland
Security, U.S. Customs and Border Protection, DHS/CBP-018 Customs--
Trade Partnership Against Terrorism System of Records.'' This system of
records allows the Department of Homeland Security/U.S. Customs and
Border Protection, DHS/CBP-018, Customs-Trade Partnership Against
Terrorism to collect and maintain records about members of the trade
community related to Customs and Border Protection's Customs-Trade
Partnership Against Terrorism program. Businesses accepted into the
program, called partners, agree to analyze, measure, monitor, report,
and enhance their supply chains in exchange for greater security and
facilitated processing offered by Customs and Border Protection. The
Customs-Trade Partnership Against Terrorism program allows Customs and
Border Protection to focus its resources on higher risk businesses and
thereby assists the agency in achieving its mission to secure the
border and facilitate the movement of legitimate international trade.
This new system of records collects and manages information, including
personally identifiable information, about prospective, ineligible,
current, or former trade partners in Customs-Trade Partnership Against
Terrorism, and other entities and individuals in their supply chains.
This system also collects and maintains information, including
personally identifiable information, regarding members of a foreign
government secure supply chain program that have been recognized by
Customs and Border Protection, through a mutual recognition arrangement
or comparable arrangement, as being compatible with the program. The
Customs-Trade Partnership Against Terrorism program provides a Security
Link Portal, which allows partners and applicants to access and manage
their information. Customs and Border Protection is publishing this new
system of records notice in order to notify the public about the
system, permit trade partners access to the information they provide,
and offer a description of how and where information is collected and
maintained. Additionally, the Department of Homeland Security is
issuing a Notice of Proposed Rulemaking elsewhere in the Federal
Register, to exempt this system of records from certain provisions of
the Privacy Act. This newly established system will be included in the
Department of Homeland Security's inventory of record systems.

DATES: The new system of records will be effective April 12, 2013,
unless comments are received that result in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0073 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 go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202-325-0280), CBP Privacy Officer, U.S. Customs
and Border Protection, 90 K Street NE. Washington, DC 20229. For
privacy issues 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), US Customs and Border Protection
(CBP) proposes to establish a new DHS system of records titled, ``DHS/
CBP-018-C-TPAT System of Records.''
CBP is publishing this new system of records notice to notify the
public about the system and offer a description of how CBP collects and
maintains information pertaining to prospective, ineligible, current,
or former trade partners in C-TPAT; other entities and individuals in
their supply chains; and members of foreign governments' secure supply
chain programs that have been recognized by CBP, through a mutual
recognition arrangement or comparable arrangement, as being compatible
with C-TPAT.
CBP will use the information collected and maintained through the
C-TPAT program to carry out its trade facilitation, law enforcement,
and national security missions. In direct response to 9/11, CBP
challenged the trade community to partner with the government to design
a new approach to supply chain security--one that protects the United
States from acts of terrorism by improving security while facilitating
the flow of compliant cargo and conveyances. The result was the
Customs-Trade Partnership Against Terrorism (C-TPAT)--an innovative,
voluntary government/private sector partnership program. C-TPAT is a
voluntary program in which certain types of businesses agree to
cooperate with CBP in the analysis, measurement, monitoring, reporting,
and enhancement of their supply chains.
Businesses accepted in to C-TPAT are called partners and agree to
take actions to protect their supply chain, identify security gaps, and
implement specific security measures and best practices in return for
facilitated processing of their shipments by CBP. The program focuses
on improving security from the point of origin (including manufacturer,
supplier, or vendor) through a point of distribution to the
destination. The current security guidelines for C-TPAT program members
address a broad range of topics including personnel, physical and
procedural security; access controls; education, training and
awareness; manifest procedures; conveyance security; threat awareness;
and documentation processing. These guidelines offer a customized
solution for the members, while providing a clear minimum standard that
approved companies must meet.
Businesses eligible to fully participate in C-TPAT include U.S.
importers; U.S./Canada highway carriers; U.S./Mexico highway carriers;
rail and sea carriers; licensed U.S. Customs brokers; U.S. marine port
authority/terminal operators; U.S. freight consolidators; ocean
transportation intermediaries and non-operating common carriers;
Mexican and Canadian manufacturers; and Mexican long-haul carriers. As
part of its development, CBP plans to include exporters from the United
States in C-TPAT.
There are three tiers of C-TPAT partnership, with each tier having
its own set of requirements and corresponding facilitated processing.
In general, businesses are considered applicants until CBP has vetted
the information in the application and accepted the business into the
program. Once accepted, the business is designated as a Tier One
certified partner, and a site visit is arranged. The site visit is used
to validate the partner's supply chain security and leads to importers
becoming Tier Two validated partners. As C-TPAT has incorporated other
eligible business types, it has led

[[Page 15964]]

to those businesses becoming certified, validated non-importers. If an
importer with Tier Two validated partner status exemplifies best
practices in its supply chain security, it may attain Tier Three
validated partner status. As a business progresses up the tiers, it
receives more facilitated processing at ports of entry.
Information is collected directly from C-TPAT partners or applicant
businesses seeking membership in C-TPAT and indirectly from trade
partners or through Mutual Recognition Arrangements (MRA) or memoranda
of understanding relating to harmonization efforts between CBP and the
foreign secured supply chain program. In the course of enrolling,
certifying, and validating C-TPAT trade partners and their supply
chains, the C-TPAT system will receive personally identifiable
information (PII) and confidential business information from trade
entities and their representatives.
To participate in the C-TPAT program, a company is required to
submit a confidential, on-line application using the C-TPAT Security
Link Portal, https://ctpat.cbp.dhs.gov/. The C-TPAT Security Link Portal
is the public-facing portion of the C-TPAT system used by applicants to
submit the information in their company and supply chain security
profiles. Initially, the applicant business provides basic business-
identifying information in the company profile using the online
application form. This business-identifying information is used to
verify the identity and actual existence of the applicant business and
may include basic identifying elements and/or PII used in the
importation of cargo, such as U.S. Social Security Numbers (SSN) for
sole proprietors, Internal Revenue Service Business Identification
Numbers, and Customs assigned identification numbers (such as
Manufacturer Identification numbers and Broker/Filer codes, etc.).
Point of contact information is collected for the business, as well as
owner information.
Additionally, the applicant business must complete a Supply Chain
Security Profile (SCSP). The information provided in the SCSP is a
narrative description of the procedures the applicant business uses to
adhere to each C-TPAT Security Criteria or Guideline articulated for
their particular business type (importer, customs broker, freight
forwarder, air, sea, and land carriers, contract logistics providers,
etc.) together with any supporting documentation. Data elements entered
by the applicant business are accessible for update or revision through
the C-TPAT Security Link Portal. An applicant's SCSP must provide
supply chain security procedures for each business in the applicant's
supply chain, even if those businesses are not, or do not desire to
become partners of C-TPAT separately. This information is focused on
the security procedures of those businesses (e.g., whether the business
conducts background investigations on employees), rather than the
individuals related to those businesses (e.g., a list of employee
names).
A CBP Supply Chain Security Specialist (SCSS) vets the SCSP
information provided by the applicant by querying that information
through various information sources and systems, and queries of
publicly available data (e.g., through Google). The SCSS will then
evaluate the SCSP information against the results provided by such
system vetting, derogatory or otherwise, and indicate whether the
applicant is fit for the program in the Security Link Portal.
Derogatory vetting results are incorporated into an issue paper for a
C-TPAT supervisor's approval, and the issue paper is stored separately
from the Security Link Portal on an internal C-TPAT SharePoint, which
is only accessible by appropriate CBP employees and supervisors.
Vetting results containing PII are not stored in the C-TPAT
Security Link Portal. When a query reveals derogatory information about
a business applicant or partner, the SCSS makes a notation on the
internal portion of the C-TPAT Security Link Portal indicating the
existence of derogatory information and a citation to the appropriate
records. For instance, if a query of an applicant in TECS results in
derogatory information, the TECS ID is used as an identifier for the
record in the C-TPAT Security Link Portal, rather than the contents of
the TECS record. However, specific details regarding the incident or
violation giving rise to the unfavorable analysis will be maintained
within the C-TPAT SharePoint site and the relevant source system. The
SCSS is responsible for vetting all C-TPAT applicants, and conducts
this vetting of business entities every 6-12 months to ensure continued
compliance.
Consistent with DHS's information sharing mission, information
stored in DHS/CBP-018 Customs--Trade Partnership Against Terrorism (C-
TPAT) System 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, information may be shared with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act, elsewhere in the Federal Register. This newly established 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 for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/CBP-018 Customs--Trade
Partnership Against Terrorism (C-TPAT) 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)-018.

System name:
DHS/CBP-018 Customs--Trade Partnership Against Terrorism (C-TPAT)

Security classification:
Unclassified, for official use only, law enforcement sensitive.

System location:
Records are maintained at CBP Headquarters, Washington, DC and
field offices in C-TPAT's Security Link Portal and a CBP collaborative
intranet.

Categories of individuals covered by the system:
Individuals, including Points of Contact (POC), owners, and others
associated with prospective, ineligible, current, or former C-TPAT
business

[[Page 15965]]

entities; individuals associated with the supply chain of such C-TPAT
business entities; and individuals associated with business entities in
foreign governments secure supply chain programs that have been
recognized by CBP, through harmonization, a mutual recognition
arrangement, or comparable arrangement, as being compatible with C-
TPAT.

Categories of records in the system:
At the Application level, information is collected from the
applicant about itself and those members of its international supply
chain. Pre-set fields of business-identifying information within the
company profile portion of the online application include:
Business Entity Type;
Application Exception Token;
Legal Business Name;
Other Name(s) by which the Business is known (i.e.,
``Doing Business As''), if applicable;
Business Telephone;
Business Fax;
Business Web site address;
Business history;
Physical Address(es);
Mailing Address(es);
Owner Type: (e.g., Corporation\ Partnership\Sole
Proprietor, etc.);
Years in Business;
Number of Employees;
Business Points of Contacts;
First Name;
Last Name;
Title;
Email Address (also used to log in to the Security Link
Portal);
Password;
Telephone Number;
Contact Type;
U.S. Social Security Numbers (as volunteered by sole
proprietors as their tax identification number);
Internal Revenue Service Business Identification Numbers;
Customs assigned identification numbers (Importers of
Record (IOR) number; Manufacturer Identification Numbers (MID) and
Broker/Filer codes, etc.);
Issue Papers, including information regarding whether the
applicant is eligible for C-TPAT membership or source record numbers
for such information;
Narrative description of supply chain security procedures
for applicant and other entities in applicant's supply chain;
Validation supporting documentation (e.g., bills of
lading; audits--internal & external; proof of background checks;
contractual obligations; via a letter from a senior business partner
officer attesting to compliance; statements demonstrating compliance
with C-TPAT security criteria or an equivalent World Customs
Organization accredited security program administered by a foreign
customs authority; importer security questionnaire); and
Account Status.
Information received from and confirmed to countries with which CBP
has a Mutual Recognition Arrangement (MRA) includes:
Legal Business Name;
Other Name(s) by which the Business is known (i.e.,
``Doing Business As''), if applicable;
Company Type;
Date Partner Certified;
Account Status;
Vetting Status;
Date Validation Completed;
SCSS Name;
Office Assigned Name;
Mutual Recognition Country;
Business identifying numbers, e.g.:
[cir] Standard Carrier Alpha Code (SCAC);
[cir] IOR;
[cir] MID;
By Applicant request, information received from, and forwarded to,
foreign secure supply chain programs pursuant to a harmonization
program may include, but is not limited to:
Legal Name;
Doing Business As;
Telephone Number;
Fax Number;
Web site;
Owner Type;
Business Start Date;
Number of Employees;
Brief Company History;
Primary Address, Type;
Primary Address, Name;
Primary Address, Country;
Primary Address, Street Address;
Primary Address, City;
Primary Address, State/Province;
Primary Address, Zip/Postal Code;
Mailing Address:
[cir] Type;
[cir] Name;
[cir] Country;
[cir] Street Address;
[cir] City;
[cir] State/Province; and
[cir] Zip/Postal Code.
Primary Contact:
[cir] Email Address;
[cir] Type;
[cir] Salutation;
[cir] First Name;
[cir] Last Name;
[cir] Title; and
[cir] Telephone Number.
Partner Notifications;
Number of Entries;
U.S. Department of Transportation (DOT) Issued Number;
U.S. National Motor Freight Traffic Association Issued;
SCAC;
Dun & Bradstreet Number;
Services Offered;
Driver Sources;
Entries related to harmonization country;
The entire Security Profile (Upon Request):
[cir] Account Number;
[cir] Risking Status;
[cir] MSR Status;
[cir] Validation Type;
[cir] Validation Closed Date;
[cir] Validation Status;
[cir] Validation Type Verification (Government Contact);
[cir] Verification Type Start Date;
[cir] Verification Type: (phone, visit, mutual recognition);
[cir] Verification Visit address;
[cir] Business Type; and
[cir] Harmonization Host Program.
Account Status;
Vetting Status;
Minimum Security Requirements/Security Profile Status;
Validation Status; and
Harmonization Status.

Authority for maintenance of the system:
This system and program are authorized by 6 U.S.C. 901 note
(Security and Accountability for Every Port Act of 2006 (SAFE Port
Act), including 6 U.S.C. 961-973. Pilot programs enhancing secure
supply chain practices related to C-TPAT are also authorized by
Homeland Security Presidential Directive/HSPD-8, ``National
Preparedness'' Section 22 (December 17, 2003).

Purpose(s):
The purpose of this system is to verify the identity of C-TPAT
partners, determine enrollment level, and provide identifiable ``low
risk'' entities with fewer random checks and facilitated processing.
The information will be cross-referenced with data maintained in CBP's
other cargo and enforcement databases and will be shared with other law
enforcement systems, agencies or foreign entities, as appropriate, when
related to ongoing investigations or operations. Information will be
used to analyze, measure, monitor, report, and enhance business supply
chains to permit facilitated processing of C-TPAT partner shipments by
CBP.

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.

[[Page 15966]]

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). Any disclosure of
information must be made consistent with the official duties of the
person making the disclosure. The routine uses are as follows:
A. To the Department of Justice (DOJ), including the United States
Attorneys Offices, 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 of DHS in his/her official capacity;
3. Any 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 oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individuals 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.
H. To appropriate foreign governmental agencies or multilateral
governmental organizations pursuant to an arrangement between CBP and a
foreign government or multilateral governmental organization regarding
supply chain security.
I. To an appropriate federal, state, local, territorial, tribal, or
foreign governmental agencies or multilateral governmental
organizations or other appropriate authority or entity when necessary
to vet a C-TPAT applicant or validate a C-TPAT partner.
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, or 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, Executive Order, or other applicable national security directive.
L. 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, or when the information is relevant
and necessary to the protection of life or property.
M. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation.
N. To an appropriate federal, state, local, tribal, foreign, or
international agency, if the information is relevant 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 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.
O. To a federal, state, local, tribal, or foreign governmental
agency or multilateral governmental organization for the purpose of
consulting with that agency or entity: (1) To assist in making a
determination regarding redress for an individual in connection with
the operations of a DHS component or program; (2) for the purpose of
verifying the identity of an 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.
P. 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).
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 or 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.

[[Page 15967]]

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by any of the information listed in the
categories of records above.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

Retention and disposal:
CBP is proposing the following retention schedule to the National
Archives and Records Administration (NARA): Information stored in C-
TPAT will be retained for the period during which the application is
pending decision by CBP and for the period of active membership of the
business entity, plus five years. Where information regarding the
possible ineligibility of an applicant for C-TPAT membership is found,
it will be retained in the C-TPAT system for an additional 25 years to
assist with future vetting, or consistent with the applicable retention
period for the System of Records from which such information was
derived, whichever is longer.

System Manager and address:
C-TPAT Director, U.S. Customs and Border Protection, 1300
Pennsylvania Avenue NW., Washington, DC 20229; (202) 344-2619.

Notification procedure:
The C-TPAT Security Link Portal provides access to the information
an applicant or partner submitted. The C-TPAT partner interface allows
participants to access and change the information they have provided at
any time by accessing their business identifying information and C-TPAT
profile through secure login procedures. C-TPAT Partners access the C-
TPAT Security Link Portal via https://ctpat.cbp.dhs.gov/.
Through the Security Link Portal, C-TPAT partners have a direct
messaging option where they may communicate with their assigned SCSS if
they believe CBP has acted upon inaccurate or erroneously provided
information. If this method is unsuccessful and C-TPAT facilitated
processing is denied or removed, within 30 days of notification the
entity may make written inquiry regarding such denial or removal. The
applicant should provide as much identifying information as possible
regarding the business, in order to identify the record at issue. C-
TPAT participants may provide CBP with additional information to ensure
that the information maintained by CBP is accurate and complete. The
submitter will receive a written response to each inquiry. If C-TPAT
partnership is suspended or removed, the business may appeal this
decision to CBP HQ, to the attention of the Executive Director, C-TPAT
Program Division: Executive Director, Cargo and Conveyance Security,
U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Room
2.2A, Washington, DC 20229.
The Secretary of Homeland Security has exempted portions of this
system from the notification, access, and amendment procedures of the
Privacy Act because it is a law enforcement system. However, 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
Headquarters or component's FOIA Officer, 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 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 Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; 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 this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
Records are obtained from the business; from CBP systems including,
but not limited to, TECS, the Automated Targeting System (ATS), the
Automated Commercial System (ACS); and from public sources. Information
is also collected by the SCSS from the C-TPAT applicant and other
businesses during the course of validating the business's supply chain
and from foreign governments and multilateral governmental
organizations with which CBP has entered into MRAs or other
arrangements.

Exemptions claimed for the system:
No exemption shall be asserted with respect to information
requested from and provided by the C-TPAT applicant including, but not
limited to, company profile, supply chain information, and other
information provided during the application and validation process. CBP
will not assert any exemptions for an individual's application data and
final membership determination in response to a request from that
individual. However, the Privacy Act requires DHS

[[Page 15968]]

to maintain an accounting of the disclosures made pursuant to all
routines uses. Disclosing the fact that a law enforcement agency has
sought particular records may affect ongoing law enforcement
activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim
exemption from 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 will claim exemption from section (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.
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, all
other C-TPAT data, including information regarding the possible
ineligibility of an applicant for C-TPAT membership discovered during
the vetting process and any resulting issue papers, are exempt from 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f); and (g). Pursuant to 5
U.S.C. 552a(k)(2), information regarding the possible ineligibility of
an applicant for C-TPAT membership discovered during the vetting
process and any resulting issue papers are exempt from 5 U.S.C.
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),(e)(4)(I); and (f). In
addition, to the extent a record contains information from other exempt
systems of records, CBP will rely on the exemptions claimed for those
systems.

Dated: February 21, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-05674 Filed 3-12-13; 8:45 am]
BILLING CODE 9111-14-P