81 FR 48826 - Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 143 (July 26, 2016)

Page Range		48826-48832
FR Document		2016-17596

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update an existing systems of records titled, ``DHS/U.S. Customs and Border Protection (CBP)-001 Import Information System (IIS) System of Records'' (August 17, 2015, 80 FR 49256). This system of records will continue to permit DHS/CBP to collect and maintain records on all commercial goods imported into the United States, as well as information pertaining to the carrier, broker, importer, and other persons associated with the manifest, import, or commercial entry transactions for the goods. DHS/CBP is updating this system of records notice to provide notice that IIS records may be stored on both DHS unclassified and classified networks to allow for analysis and vetting consistent with existing DHS/CBP authorities and purposes and this published notice. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This system of records notice was previously published in the Federal Register on August 17, 2015 (80 FR 49256). DHS/CBP previously published a Final Rule for the IIS system of records in the Federal Register on March 17, 2016 (81 FR 14369), which remains in effect. This updated system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016)

[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48826-48832]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-17596]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0048]

Privacy Act of 1974; Department of Homeland Security, U.S.
Customs and Border Protection, DHS/CBP-001, Import Information System,
System of Records

AGENCY: Department of Homeland Security, Privacy Office.

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 (DHS) proposes to update an existing systems of
records titled, ``DHS/U.S. Customs and Border Protection (CBP)-001
Import Information System (IIS) System of Records'' (August 17, 2015,
80 FR 49256). This system of records will continue to permit DHS/CBP to
collect and maintain records on all commercial goods imported into the
United States, as well as information pertaining to the carrier,
broker, importer, and other persons associated with the manifest,
import, or commercial entry transactions for the goods.
DHS/CBP is updating this system of records notice to provide notice
that IIS records may be stored on both DHS unclassified and classified
networks to allow for analysis and vetting consistent with existing
DHS/CBP authorities and purposes and this published notice.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
This system of records notice was previously published in the
Federal

[[Page 48827]]

Register on August 17, 2015 (80 FR 49256). DHS/CBP previously published
a Final Rule for the IIS system of records in the Federal Register on
March 17, 2016 (81 FR 14369), which remains in effect. This updated
system will be included in the Department of Homeland Security's
inventory of record systems.

DATES: Submit comments on or before August 25, 2016. This updated
system will be effective August 25, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0048 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-
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:
Debra L. Danisek (202) 344-1610, Acting CBP Privacy Officer, Office of
the Commissioner, U.S. Customs and Border Protection, 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 20528-0655.

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 an existing systems of records
titled, ``DHS/CBP-001 Import Information System (IIS) System of
Records'' (August 17, 2015, 80 FR 49256). This system of records will
continue to collect and maintain records on all commercial goods
imported into the United States, as well as information pertaining to
the carrier, broker, importer, and other persons associated with the
manifest, import, or commercial entry transactions for the goods.
DHS/CBP is updating this system of records notice (SORN) to provide
notice that IIS records may be stored on both DHS unclassified and
classified networks to allow for analysis and vetting consistent with
existing DHS/CBP authorities and purposes and this published notice.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
DHS/CBP-001 IIS, issued on August 17, 2015 (80 FR 49256),
consolidated, updated, and renamed as one SORN the information
previously contained in two DHS SORNs titled, ``DHS/CBP-001 Automated
Commercial Environment/International Trade Data System (ACE/ITDS)
System of Records'' (71 FR 3109, January 19, 2006) and ``DHS/CBP-015
Automated Commercial System (ACS) System of Records'' (73 FR 77759,
December 19, 2008). The Automated Commercial System, a decades-old
trade information database and information technology (IT) system, was
deployed to track, control, and process all commercial goods imported
into the United States. ACE, part of a multi-year modernization effort
since 2001 to replace ACS, continues to be designed to manage CBP's
import trade data and related transaction information. ACE/ITDS serves
three sets of core stakeholders: The internal DHS/CBP users, Partner
Government Agencies (PGA), and the trade community. ACE is the IT
backbone for the ITDS, an interagency initiative formalized under the
SAFE Port Act of 2006 to create a single window for the trade community
and PGAs involved in importing and exporting. DHS/CBP has provided
notice to the public and trade community that in the future, the ACS IT
system will be fully phased out and replaced by ACE. DHS/CBP published
the IIS system of records to identify a single repository for import
trade information and allow DHS/CBP to collect and maintain records on
all commercial goods imported into the United States, along with
related information about persons associated with those transactions,
and manifest information.
DHS/CBP is updating the system location to inform the public that
certain IIS information may be replicated from the operational IT
system, ACE/ITDS, and maintained on unclassified and classified systems
and networks to allow for analysis and vetting consistent with existing
DHS/CBP authorities and purposes and this published notice.
Furthermore, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice.
Consistent with DHS's information-sharing mission, information
stored in the DHS/CBP-001 IIS 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, 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 SORN and as otherwise authorized under the Privacy
Act.
DHS/CBP will not assert any exemptions with regard to information
provided by or on behalf of an individual. However, this data may be
shared with law enforcement and/or intelligence agencies pursuant to
the routine uses identified in the IIS SORN and as otherwise authorized
under the Privacy Act. The Privacy Act requires that DHS maintain an
accounting of such disclosures. Disclosing the fact that a law
enforcement and/or intelligence agency has sought particular records
may interfere with or disclose techniques and procedures related to
ongoing law enforcement investigations. As such, DHS has issued a Final
Rule for the IIS system of records in the Federal Register on March 17,
2016 (81 FR 14369), which remains in effect. This updated system will
be included in the Department of Homeland Security'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 persons when systems of records maintain
information on U.S. citizens, lawful permanent residents, and non-
immigrant aliens.
Below is the description of the DHS/CBP-001 Import Information
System (IIS) System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
these systems of records to the Office of Management and Budget and to
Congress.

[[Page 48828]]

System of Records:
Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)-001.

System name:
DHS/CBP-001 Import Information System (IIS).

Security classification:
Unclassified. The data may be retained on the 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 in the operational information technology
(IT) system at the DHS/CBP Headquarters in Washington, DC and field
offices. DHS/CBP also replicates records from the operational system
and maintains them on other unclassified and classified systems and
networks.

Categories of individuals covered by the system:
Categories of individuals in this system include members of the
public involved in the importation of merchandise and international
trade, such as importers, brokers, carriers, manufacturers, shippers,
consignees, cartmen/lightermen, filers, sureties, facility operators,
foreign trade zone operators, drivers/crew, attorneys/consultants, and
agents, in addition to persons required to file Customs Declarations
for international mail transactions (including sender and recipient).

Categories of records in the system:
Information maintained by ACE as part of the user account creation
process includes:
Account Information--Including Name of Company, Name of
Company Officer, Title of Company Officer, Company Organization
Structure, and Officer's Date of Birth (optional). For Operators, this
information must match the name on the company's bond.
[cir] Account Owner Information--Name, Application Data, Email,
Date of Birth, Country, Address, and Business Phone Number.
[cir] Legal Entity Information--Name, Application Data, Email,
Country, Address, and Business Phone Number.
[cir] Point of Contact Information--Name, Application Data, Email,
Country, Date of Birth, Address, and Business Phone Number.
Business Activity Information--Depending on the account
type being established, CBP requires the following identifying
information to set up an ACE portal account. Users are limited to a
single identification number for the portal account being requested
with the exception of: Importer, broker, filer, software vendor,
service bureau, port authority, preparer, or surety agent, which can
use up to three identifying numbers for each portal view:
[cir] Importer/Broker/Filer/Surety--Importer Record Number; Filer
Code; Taxpayer Identification Number (TIN) [e.g., Internal Revenue
Service (IRS) Employer Identification Number (EIN)/Social Security
number (SSN)]; Surety Code.
[cir] Service Provider--Standard Carrier Alpha Code (SCAC) or Filer
Code; EIN/SSN.
[cir] Operator--EIN/SSN; Bond Number; Facilities Information and
Resources Management System (FIRMS) Code; Zone Number; Site Number.
Operators must also note whether their background investigation has
been completed by CBP, and whether their fingerprints are on file with
CBP.
[cir] Cartman/Lighterman--Cartman/Lighterman Identification Number;
Customhouse License (CHL) Number; Passport Number; Country of Issuance;
Date of Expiration; U.S. Visa Number; Birth Certification Number;
Permanent Resident Card Number; Certificate of Naturalization;
Certificate of U.S. Citizenship; Re-entry Permit Number (I-327);
Refugee Permit Number; Other Identification (such as Military
Dependent's Card, Temporary Resident Card, Voter Registration Card). A
Cartman/Lighterman must also note whether his or her background
investigation has been completed by CBP, and whether his or her
fingerprints are on file with CBP.
[cir] Carriers--SCAC; Bond Numbers; Importer Record for Type 2 Bond
(if applicable).
[cir] Drivers/Crew--Commercial Driver License (CDL) Number; State/
Province of Issuance; Country; whether the Driver has an Enhanced CDL
or is HAZMAT endorsed; Full Name; Date of Birth; Gender; Citizenship;
Travel Documentation (and Country of Issuance) such as: Passport Number
or Permanent Resident Card; or other type of identification including:
SENTRI Card; NEXUS; \1\ U.S. Visa (non-immigrant or immigrant);
Permanent Resident Card; U.S. Alien Registration Card; U.S. Passport
Card; DHS Refugee Travel Document; DHS Re-Entry Permit; U.S. Military
ID Document; or U.S. Merchant Mariner Document.
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\1\ SENTRI and NEXUS are Trusted Traveler Cards used for
expedited border crossing along the southern and northern borders,
respectively. See, http://www.cbp.gov/travel/trusted-traveler-programs.
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Information maintained by ACE as part of the trade facilitation
process includes:
Filer Information
[cir] Importer of Record Name and Address--The name and address,
including the standard postal two-letter state or territory
abbreviation, of the importer of record. The importer of record is
defined as the owner or purchaser of the goods, or when designated by
the owner, purchaser, or consignee, a licensed customs broker. The
importer of record is the individual or firm liable for payment of all
duties and meeting all statutory and regulatory requirements incurred
as a result of importation, as described in 19 CFR. sec. 141.1(b).
[cir] Consignee Number--IRS EIN, SSN, or CBP-assigned number of the
consignee. This number must reflect a valid identification number filed
with CBP via the CBP Form 5106 or its electronic equivalent.
[cir] Importer Number--The IRS EIN, SSN, or CBP-assigned number of
the importer of record.
[cir] Reference Number--The IRS EIN, SSN, or CBP-assigned number of
the individual or firm to whom refunds, bills, or notices of extension
or suspension of liquidation are to be sent (if other than the importer
of record and only when a CBP Form 4811 is on file).
[cir] Ultimate Consignee Name and Address--The name and address of
the individual or firm purchasing the merchandise or, if a consigned
shipment, to whom the merchandise is consigned.
[cir] Broker/Filer Information--A broker or filer name, address,
and phone number.
[cir] Broker/Importer File Number--A broker or importer internal
file or reference number.
[cir] Bond Agent Information--Bond agent name, SSN or a surety-
created identification, and surety name.
[cir] Declarant Name, Title, Signature, and Date--The name, job
title, and signature of the owner, purchaser, or agent who signs the
declaration. The month, day, and year when the declaration was signed.
[cir] Importer Business Description--Including the Importer Dun &
Bradstreet (DUNS) Number and the North American Industry Classification
System (NAICS) number for Importer Business.
[cir] Senior Officers of the Importing Company--Information
pertaining to Senior Officers of the Importing Company with an
importing or financial role in trade transactions: Position title; Name
(First, Middle, Last); Business Phone; SSN (Optional); Passport

[[Page 48829]]

Number (Optional); Passport Country of Issuance (Optional).
[cir] Additional Data Elements--Filers may, on their own
initiative, provide additional or clarifying information on the form
provided such additional information does not interfere with the
reporting of those required data elements.
Supply Chain Information
[cir] Manufacturer Information:
[ssquf] Manufacturer (or supplier) name;
[ssquf] Manufacturer (or supplier) address;
[ssquf] Foreign manufacturer identification code and/or shipper
identification code;
[ssquf] Foreign manufacturer name and/or shipper name; and
[ssquf] Foreign manufacturer address and/or shipper address.
[cir] Carrier Information:
[ssquf] Importing Carrier--For merchandise arriving in the United
States by vessel, CBP records the name of the vessel that transported
the merchandise from the foreign port of lading to the first U.S. port
of unlading.
Vessel Identifier Code;
Vessel Name;
Carrier Name;
Carrier Address;
Carrier codes (non-SSN) (Standard Carrier Agent Code
(SCAC) for vessel carriers, International Air Transport Association
(IATA) for air carriers);
Department of Transportation (DOT) number,
Tax Identification Number;
DUNS;
Organizational structure; and
Insurance information including name of insurer, policy
number, date of issuance, and amount.
The carrier can create users and points of contact, and
may also choose to store details associated with the driver and crew,
conveyance, and equipment for purposes of expediting the creation of
manifests.
[ssquf] Mode of Transport--The mode of transportation by which the
imported merchandise entered the U.S. port of arrival from the last
foreign country. The mode of transport may include vessel, rail, truck,
air, or mail.
[ssquf] Export Date--The month, day, and year on which the carrier
departed the last port (or airport, for merchandise exported by air) in
the exporting country.
[cir] Liquidator identification (non-SSN);
[cir] Seller (full name and address or a widely accepted industry
number such as a DUNS number);
[cir] Buyer (full name and address or a widely accepted industry
number such as a DUNS number);
[cir] Ship to party name;
[cir] Consolidator (stuffer);
[cir] Foreign trade zone applicant identification number;
[cir] Country of origin;
[cir] Commodity Harmonized Tariff Schedule of the United States
(HTSUS) number;
[cir] Booking party; and
[cir] Other identification information regarding the party to the
transaction.
Crewmember/Passenger Information
[cir] Carrier Information (including vessel flag and vessel name,
date of arrival, and port of arrival (CBP Form 5129));
[cir] Person on arriving conveyance who is in charge;
[cir] Names of all crew members and passengers;
[cir] Date of birth of each crew member and passenger;
[cir] Commercial driver license (CDL)/driver license number for
each crew member;
[cir] CDL state or province of issuance for each crew member;
[cir] CDL country of issuance for each crew member;
[cir] Travel document number for each crew member and passenger;
[cir] Travel document country of issuance for each crew member and
passenger;
[cir] Travel document for state/province of issuance for each crew
member and passenger;
[cir] Travel document type for each crew member and passenger;
[cir] Address for each crew member and passenger;
[cir] Gender of each crew member and passenger;
[cir] Nationality/citizenship of each crew member and passenger;
and
[cir] HAZMAT endorsement for each crew member.
Federal Employee Information (including CBP and PGA
employees)
[cir] CBP employee names;
[cir] CBP employee hash identification, SSN, or other employee
identification number; and
[cir] Federal Government employee names, work addresses, work phone
numbers, and ACE identification if already an ACE-ITDS user.
Manifest Information
[cir] Bill of Lading (B/L) or Air Waybill (AWB) Number--The number
assigned on the manifest by the international carrier delivering the
goods to the United States.
[cir] Immediate Transportation Number--The Immediate Transportation
number obtained from the CBP Form 7512, the AWB number from the Transit
Air Cargo Manifest (TACM), or Automated Manifest System (AMS) master
in-bond (MIB) movement number.
[cir] Immediate Transportation Date--The month, day, and year
obtained from the CBP Form 7512, TACM, or AMS MIB record. Note that
Immediate Transportation date cannot be prior to import date.
[cir] Missing Documents--Codes that indicate which documents are
not available at the time of filing the entry summary.
[cir] Foreign Port of Lading--The five digit numeric code listed in
the ``Schedule K'' (Classification of Foreign Ports by Geographic Trade
Area and Country) for the foreign port at which the merchandise was
actually laden on the vessel that carried the merchandise to the United
States.\2\
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\2\ The ``Schedule K'' may be retrieved at: http://www.iwr.usace.army.mil/ndc/wcsc/scheduleK/schedulek.htm.
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[cir] U.S. Port of Unlading--The U.S. port code where the
merchandise was unladen (or, delivered) from the importing vessel,
aircraft, or train.
[cir] Location of Goods/General Order (GO) Number--Also known as a
``container stuffing location,'' the pier or site where the goods are
available for examination. For air shipments, this is the flight
number.
CBP Generated Records
[cir] Entry Number--The entry number is a CBP-assigned number that
is unique to each Entry Summary (CBP Form 7501).
[cir] Entry Type--Entry type denotes which type of entry summary is
being filed (i.e., consumption, information, and warehouse). The sub-
entry type further defines the specific processing type within the
entry category (i.e., free and dutiable, quota/visa, anti-dumping/
countervailing duty, and appraisement).\3\
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\3\ Automated Broker Interface (ABI) processing requires an ABI
status indicator. This indicator must be recorded in the entry type
code block. It is to be shown for those entry summaries with ABI
status only.
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[cir] Summary Date--The month, day, and year on which the entry
summary is filed with CBP. The record copy of the entry summary will be
time stamped by the filer at the time of presentation of the entry
summary. Use of this field is optional for ABI statement entries. The
time stamp will serve as the entry summary date. The filer will record
the proper team number designation in the upper right portion of the
form above this block (three-character team number code).\4\
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\4\ For ABI entry summaries, the team number is supplied by
CBP's automated system in the summary processing output message.
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[cir] Port Code--The port is where the merchandise was entered
under an entry or released under an immediate delivery permit. CBP
relies on the U.S.

[[Page 48830]]

port codes from Schedule D, Customs District and Port Codes, listed in
Annex C of the Harmonized Tariff Schedule (HTS).
[cir] Entry Date--The month, day, and year on which the goods are
released, except for immediate delivery, quota goods, or when the filer
requests another date prior to release.\5\ It is the responsibility of
the filer to ensure that the entry date shown for entry/entry summaries
is the date of presentation (i.e., the time stamp date). The entry date
for a warehouse withdrawal is the date of withdrawal.
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\5\ 19 CFR 141.68.
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[cir] Manufacturer ID--This code identifies the manufacture/shipper
of the merchandise by a CBP-constructed code. The manufacturer/shipper
identification code is required for all entry summaries and entry/entry
summaries, including informal entries, filed on the CBP Form 7501.
[cir] Notes--Notations and results of examinations and document
review for cleared merchandise.
[cir] Trade violation statistics.
[cir] Protest and appeal decision case information.
Surety and Bond Information
[cir] Surety Information--Full legal name of entity, address.
[cir] Surety Number--A three-digit numeric code that identifies the
surety company on the Customs Bond. This code can be found in block 7
of the CBP Form 301, or is available through CBP's automated system to
ABI filers, via the importer bond query transaction.
[cir] Bond Type--A three-digit numeric code identifying the
following type of bond: U.S. Government or entry types not requiring a
bond; Continuous; or Single Transaction.
[cir] Additional Bond Information--All authorized users of bond,
bond expiration date.
Merchandise-Specific Information
[cir] Line Number--A commodity from one country, covered by a line
which includes a net quantity, entered value, HTS number, charges, rate
of duty and tax.
[cir] Description of Merchandise--A description of the articles in
sufficient detail (i.e., gross weight, manifest quantity, net quantity
in HTS units, U.S. dollar value, all other charges, costs, and expenses
incurred while bringing the merchandise from alongside the carrier at
the port of exportation in the country of exportation and placing it
alongside the carrier at the first U.S. port of entry).
[cir] License Numbers--For merchandise subject to agriculture
licensing.
[cir] Country of Origin--The country of origin is the country of
manufacture, production, or growth of any article. When merchandise is
invoiced in or exported from a country other than that in which it
originated, the actual country of origin shall be specified rather than
the country of invoice or exportation.
[cir] Import Date--The month, day, and year on which the importing
vessel transporting the merchandise from the foreign country arrived
within the limits of the U.S. port with the intent to unlade.
[cir] Exporting Country--The country of which the merchandise was
last part of the commerce and from which the merchandise was shipped to
the United States.

Authority for maintenance of the system:
19 U.S.C. secs. 66, 1431, 1448, 1481, 1484, 1505, 1514, 1624, and
2071 note; 26 U.S.C. 6109(d); 31 U.S.C. 7701(c); sec. 203 of the
Security and Accountability for Every (SAFE) Port Act of 2006 and sec.
343(a) of the Trade Act of 2002, as amended by the Maritime
Transportation Security Act of 2002; title 19 of the Code of Federal
Regulations, including 19 CFR 24.5, 149.3, 101.9, and 103.31(e).

Purpose(s):
This system of records allows DHS/CBP to collect and maintain
records on all commercial goods imported into the United States, along
with carrier, broker, importer, and other ACE-ITDS Portal user account
and manifest information. The purpose of this system of records is to
track, control, and process all commercial goods imported into the
United States. This facilitates the flow of legitimate shipments, and
assists DHS/CBP in securing U.S. borders and targeting illicit goods.
The IIS covers two principle information technology systems: The
Automated Commercial System (ACS) and ACE-ITDS. The Automated
Commercial System employs multiple modules to receive data
transmissions from a variety of parties involved in international
commercial transactions and provides DHS/CBP with the capability to
track both the transport transactions and the financial transactions
associated with the movement of merchandise through international
commerce. The ACE-ITDS modernizes and enhances trade processing with
features that will consolidate and automate border processing. The ACE-
ITDS serves three sets of core stakeholders: The internal DHS/CBP
users, PGAs, and the trade community in the movement of merchandise
through international commerce.
DHS/CBP maintains a replica of some or all of the data in the
operating system on other unclassified and classified systems and
networks to allow for analysis and vetting consistent with the above
stated purposes and this published notice.

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 or her official
capacity;
3. Any employee or former employee of DHS in his or 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 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

[[Page 48831]]

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 appropriate federal, state, local, tribal, 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, license,
or treaty when DHS determines that the information would assist in the
enforcement of civil or criminal laws.
H. To a federal, state, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
I. To the Department of Commerce, United States Census Bureau for
statistical analysis of foreign trade data.
J. To a federal agency, pursuant to an International Trade Data
System Memorandum of Understanding, consistent with the receiving
agency's legal authority to collect information pertaining to and/or
regulate transactions in international trade.
K. To a federal, state, local, tribal, territorial, foreign, or
international agency, maintaining civil, criminal, or other relevant
enforcement information or other pertinent information, which has
requested information relevant or necessary to the requesting agency's
hiring or retention of an individual, or issuance of a security
clearance, license, contract, grant, or other benefit;
L. 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;
M. To third parties during the course of an investigation to the
extent necessary to obtain information pertinent to the investigation;
N. To the Department of Justice, Offices of the United States
Attorneys or a consumer reporting agency as defined by the Fair Credit
Reporting Act, address or physical location information concerning the
debtor, for further collection action on any delinquent debt when
circumstances warrant;
O. 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 and systems designed to enhance national security or
identify other violations of law;
P. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility;
Q. 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;
R. To paid subscribers, in accordance with applicable regulations,
for the purpose of providing access to manifest information as set
forth in 19 U.S.C. 1431;
S. 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:
CBP may disclose, pursuant to 5 U.S.C. 552a(b)(12), to consumer
reporting agencies in accordance with the provision of 15 U.S.C. 1681,
et seq. or the Federal Claims Collection Act of 1966 as amended (31
U.S.C. 3701, et seq.). The purpose of this disclosure is to aid in the
collection of outstanding debts owed to the Federal Government,
typically, to provide an incentive for debtors to repay delinquent
Federal Government debts by making these part of their credit records.
Disclosure of records is limited to the individual's name, address,
EIN/SSN, and other information necessary to establish the individual's
identity; the amount, status, and history of the claim; and the agency
or program under which the claim arose. The disclosure will be made
only after the procedural requirements of 31 U.S.C. 3711(e) have been
followed.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/CBP stores records in this system, as well as on other
unclassified and classified systems and networks, electronically, 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.

Retrievability:
DHS/CBP retrieves records by file identification codes, name, or
other personal identifier.

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. DHS/CBP imposes 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. The systems maintain a real-time
auditing function of individuals who access them. Additional safeguards
may vary by Component and program.

Retention and disposal:
The Importer Security Filing form is retained for fifteen years
from date of submission unless it becomes linked to law enforcement
action. All other

[[Page 48832]]

import records contained within IIS are maintained for a period of six
years from the date of entry.
Some records are retained online in a system database, while others
may be retained in hard copy in ports of entry, as appropriate.
Personally identifiable information collected in IIS as part of the
regulation of incoming cargo will be retained in accordance with the
U.S. Customs Records Schedules approved by the National Archive and
Records Administration for the forms on which the data is submitted.
This means that cargo, crew, driver, and passenger information
collected from a manifest presented in connection with the arrival of a
vessel, vehicle, or aircraft will be retained for six years.
Information collected in connection with the submission of a Postal
Declaration for a mail importation will be retained for a maximum of
six years and three months (as set forth pursuant to NARA Authority N1-
36-86-1, U.S. Customs Records Schedule, Schedule 9 Entry Processing,
Items 4 and 5).
Records replicated on other DHS or CBP unclassified and classified
systems and networks will follow the same retention schedule.

System Manager and address:
Director, Integrated Logistic Support, Cargo Systems Program
Office, Office of Information Technology, U.S. Customs and Border
Protection, 1801 North Beauregard Street, Alexandria, Virginia 22311.

Notification procedure:
ACE-ITDS portal users may log in to ACE-ITDS to change their
profile information and make permissible amendments or corrections to
their records. 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/CBP Freedom of
Information Act (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 FOIA Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528.
An individual seeking records about him or herself from this system
of records or any other Departmental system of records, must submit a
request that conforms 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;
and

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.
In processing Privacy Act requests for related to information in
this system, CBP will review the records in the operational system, and
coordinate review of records that were replicated on other unclassified
and classified systems and networks.

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

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

Record source categories:
DHS/CBP collects information from authorized DHS/CBP or other
Federal agency forms, related documents, or electronic submissions from
individuals and/or companies incidental to the conduct of foreign trade
and required to administer the transportation and trade laws and
regulations of the United States.

Exemptions claimed for the system:
DHS/CBP will not assert any exemptions with regard to information
provided by or on behalf of an individual, when requested by or on
behalf of the data subject. However, this data may be shared with law
enforcement and/or intelligence agencies pursuant to the routine uses
identified in the IIS SORN. The Privacy Act requires DHS to maintain an
accounting of such disclosures made pursuant to all routine uses.
Disclosing the fact that a law enforcement and/or intelligence agency
has sought particular records may affect ongoing law enforcement
activity. As such, DHS will claim exemption pursuant to 5 U.S.C.
552a(j)(2) from secs. (c)(3), (e)(8), and (g)(1) of the Privacy Act,
and pursuant to 5 U.S.C. 552a(k)(2) from sec. (c)(3) of the Privacy
Act, from providing an individual the accounting of disclosures, as
necessary and appropriate to protect this information.

Dated: July 20, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-17596 Filed 7-25-16; 8:45 am]
BILLING CODE 9111-14-P

48826 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices

API chapters Title API chapters Title procedures and methods for petroleum
and certain petroleum products set forth
1 ..................... Vocabulary. 17 ................... Maritime measurement. by the U.S. Customs and Border
3 ..................... Tank gauging. Protection Laboratory Methods (CBPL)
7 ..................... Temperature determination.
8 ..................... Sampling.
Laboratory Service, Inc., is accredited and American Society for Testing and
12 ................... Calculations. for the following laboratory analysis Materials (ASTM):

CBPL No. ASTM Title

27–11 ................ D445 .......... Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids.
27–48 ................ D4052 ........ Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.
Pending ............. D1364 ........ Standard Test Method for Water in Volatile Solvents (Karl Fischer Reagent Titration Method).

Anyone wishing to employ this entity March 24, 2016. The next triennial Dated: July 6, 2016.
to conduct laboratory analyses and inspection date will be scheduled for Ira S. Reese,
gauger services should request and March 2019. Executive Director, Laboratories and
receive written assurances from the FOR FURTHER INFORMATION CONTACT: Scientific Services Directorate.
entity that it is accredited or approved Approved Gauger and Accredited [FR Doc. 2016–17575 Filed 7–25–16; 8:45 am]
by the U.S. Customs and Border Laboratories Manager, Laboratories and BILLING CODE 9111–14–P
Protection to conduct the specific test or Scientific Services Directorate, U.S.
gauger service requested. Alternatively, Customs and Border Protection, 1300
inquiries regarding the specific test or Pennsylvania Avenue NW., Suite DEPARTMENT OF HOMELAND
gauger service this entity is accredited 1500N, Washington, DC 20229, tel. 202– SECURITY
or approved to perform may be directed 344–1060.
to the U.S. Customs and Border Office of the Secretary
SUPPLEMENTARY INFORMATION: Notice is
Protection by calling (202) 344–1060. hereby given pursuant to 19 CFR 151.13, [Docket No. DHS–2016–0048]
The inquiry may also be sent to that AmSpec Services, LLC, 11725 Port
CBPGaugersLabs@cbp.dhs.gov. Please Rd., Seabrook, TX 77586, has been Privacy Act of 1974; Department of
reference the Web site listed below for approved to gauge petroleum and Homeland Security, U.S. Customs and
a complete listing of CBP approved certain petroleum products for customs Border Protection, DHS/CBP–001,
gaugers and accredited laboratories purposes, in accordance with the Import Information System, System of
http://www.cbp.gov/about/labs- provisions of 19 CFR 151.13. AmSpec Records
scientific/commercial-gaugers-and- Services, LLC is approved for the AGENCY: Department of Homeland
laboratories following gauging procedures for Security, Privacy Office.
Dated: July 6, 2016. petroleum and certain petroleum ACTION: Notice of Privacy Act system of
Ira S. Reese, products from the American Petroleum records.
Institute (API):
Executive Director, Laboratories and
Scientific Services Directorate.
SUMMARY: In accordance with the
API Title Privacy Act of 1974, the Department of
[FR Doc. 2016–17581 Filed 7–25–16; 8:45 am] chapters Homeland Security (DHS) proposes to
BILLING CODE 9111–14–P
update an existing systems of records
1 ............. Vocabulary.
3 ............. Tank Gauging. titled, ‘‘DHS/U.S. Customs and Border
7 ............. Temperature Determination. Protection (CBP)–001 Import
DEPARTMENT OF HOMELAND
8 ............. Sampling. Information System (IIS) System of
SECURITY
11 ........... Physical Properties. Records’’ (August 17, 2015, 80 FR
U.S. Customs and Border Protection 12 ........... Calculations. 49256). This system of records will
17 ........... Maritime Measurement. continue to permit DHS/CBP to collect
Approval of AmSpec Services, LLC, as and maintain records on all commercial
a Commercial Gauger Anyone wishing to employ this entity goods imported into the United States,
to conduct gauger services should as well as information pertaining to the
AGENCY: U.S. Customs and Border request and receive written assurances carrier, broker, importer, and other
Protection, Department of Homeland from the entity that it is approved by the persons associated with the manifest,
Security. U.S. Customs and Border Protection to import, or commercial entry
ACTION: Notice of approval of AmSpec conduct the specific gauger service transactions for the goods.
Services, LLC, as a commercial gauger. requested. Alternatively, inquiries DHS/CBP is updating this system of
regarding the specific gauger service this records notice to provide notice that IIS
SUMMARY: Notice is hereby given, entity is approved to perform may be records may be stored on both DHS
pursuant to CBP regulations, that directed to the U.S. Customs and Border unclassified and classified networks to
AmSpec Services, LLC, has been Protection by calling (202) 344–1060. allow for analysis and vetting consistent
approved to gauge petroleum and The inquiry may also be sent to with existing DHS/CBP authorities and
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certain petroleum products for customs CBPGaugersLabs@cbp.dhs.gov. Please purposes and this published notice.
purposes for the next three years as of reference the Web site listed below for Furthermore, this notice includes non-
March 24, 2016. a complete listing of CBP approved substantive changes to simplify the
DATES: Effective Dates: The gaugers and accredited laboratories. formatting and text of the previously
accreditation and approval of AmSpec http://www.cbp.gov/about/labs- published notice.
Services, LLC, as commercial gauger scientific/commercial-gaugers-and- This system of records notice was
and laboratory became effective on laboratories. previously published in the Federal

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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices 48827

Register on August 17, 2015 (80 FR that IIS records may be stored on both the DHS/CBP–001 IIS system of records
49256). DHS/CBP previously published DHS unclassified and classified may be shared with other DHS
a Final Rule for the IIS system of records networks to allow for analysis and Components that have a need to know
in the Federal Register on March 17, vetting consistent with existing DHS/ the information to carry out their
2016 (81 FR 14369), which remains in CBP authorities and purposes and this national security, law enforcement,
effect. This updated system will be published notice. Furthermore, this immigration, or other homeland security
included in the Department of notice includes non-substantive changes functions. In addition, information may
Homeland Security’s inventory of to simplify the formatting and text of the be shared with appropriate federal,
record systems. previously published notice. state, local, tribal, territorial, foreign, or
DATES: Submit comments on or before DHS/CBP–001 IIS, issued on August international government agencies
August 25, 2016. This updated system 17, 2015 (80 FR 49256), consolidated, consistent with the routine uses set
will be effective August 25, 2016. updated, and renamed as one SORN the forth in this SORN and as otherwise
information previously contained in two authorized under the Privacy Act.
ADDRESSES: You may submit comments,
DHS SORNs titled, ‘‘DHS/CBP–001 DHS/CBP will not assert any
identified by docket number DHS–
Automated Commercial Environment/ exemptions with regard to information
2016–0048 by one of the following
International Trade Data System (ACE/ provided by or on behalf of an
methods:
ITDS) System of Records’’ (71 FR 3109, individual. However, this data may be
• Federal e-Rulemaking Portal: http://
January 19, 2006) and ‘‘DHS/CBP–015 shared with law enforcement and/or
www.regulations.gov. Follow the
Automated Commercial System (ACS) intelligence agencies pursuant to the
instructions for submitting comments.
System of Records’’ (73 FR 77759, routine uses identified in the IIS SORN
• Fax: (202) 343–4010.
• Mail: Jonathan R. Cantor, Acting December 19, 2008). The Automated and as otherwise authorized under the
Chief Privacy Officer, Privacy Office, Commercial System, a decades-old trade Privacy Act. The Privacy Act requires
Department of Homeland Security, information database and information that DHS maintain an accounting of
technology (IT) system, was deployed to such disclosures. Disclosing the fact that
Washington, DC 20528–0655.
Instructions: All submissions received track, control, and process all a law enforcement and/or intelligence
must include the agency name and commercial goods imported into the agency has sought particular records
docket number for this rulemaking. All United States. ACE, part of a multi-year may interfere with or disclose
comments received will be posted modernization effort since 2001 to techniques and procedures related to
replace ACS, continues to be designed ongoing law enforcement investigations.
without change to http://
to manage CBP’s import trade data and As such, DHS has issued a Final Rule
www.regulations.gov, including any
related transaction information. ACE/ for the IIS system of records in the
personal information provided.
Docket: For access to the docket to ITDS serves three sets of core Federal Register on March 17, 2016 (81
stakeholders: The internal DHS/CBP FR 14369), which remains in effect. This
read background documents or
users, Partner Government Agencies updated system will be included in the
comments received, please visit http://
(PGA), and the trade community. ACE is Department of Homeland Security’s
www.regulations.gov.
the IT backbone for the ITDS, an inventory of record systems.
FOR FURTHER INFORMATION CONTACT: For interagency initiative formalized under
general questions, please contact: Debra II. Privacy Act
the SAFE Port Act of 2006 to create a
L. Danisek (202) 344–1610, Acting CBP single window for the trade community The Privacy Act embodies fair
Privacy Officer, Office of the and PGAs involved in importing and information practice principles in a
Commissioner, U.S. Customs and exporting. DHS/CBP has provided statutory framework governing the
Border Protection, Washington, DC notice to the public and trade means by which Federal Government
20229. For privacy questions, please community that in the future, the ACS agencies collect, maintain, use, and
contact: Jonathan R. Cantor, (202) 343– IT system will be fully phased out and disseminate individuals’ records. The
1717, Acting Chief Privacy Officer, replaced by ACE. DHS/CBP published Privacy Act applies to information that
Privacy Office, Department of Homeland the IIS system of records to identify a is maintained in a ‘‘system of records.’’
Security, Washington, DC 20528–0655. single repository for import trade A ‘‘system of records’’ is a group of any
SUPPLEMENTARY INFORMATION: information and allow DHS/CBP to records under the control of an agency
collect and maintain records on all from which information is retrieved by
I. Background
commercial goods imported into the the name of an individual or by some
In accordance with the Privacy Act of United States, along with related identifying number, symbol, or other
1974, 5 U.S.C. 552a, the Department of information about persons associated identifying particular assigned to the
Homeland Security (DHS), U.S. Customs with those transactions, and manifest individual. In the Privacy Act, an
and Border Protection (CBP) proposes to information. individual is defined to encompass U.S.
update an existing systems of records DHS/CBP is updating the system citizens and lawful permanent
titled, ‘‘DHS/CBP–001 Import location to inform the public that residents. As a matter of policy, DHS
Information System (IIS) System of certain IIS information may be extends administrative Privacy Act
Records’’ (August 17, 2015, 80 FR replicated from the operational IT protections to all persons when systems
49256). This system of records will system, ACE/ITDS, and maintained on of records maintain information on U.S.
continue to collect and maintain records unclassified and classified systems and citizens, lawful permanent residents,
on all commercial goods imported into networks to allow for analysis and and non-immigrant aliens.
the United States, as well as information vetting consistent with existing DHS/ Below is the description of the DHS/
srobinson on DSK5SPTVN1PROD with NOTICES

pertaining to the carrier, broker, CBP authorities and purposes and this CBP–001 Import Information System
importer, and other persons associated published notice. Furthermore, this (IIS) System of Records.
with the manifest, import, or notice includes non-substantive changes In accordance with 5 U.S.C. 552a(r),
commercial entry transactions for the to simplify the formatting and text of the DHS has provided a report of these
goods. previously published notice. systems of records to the Office of
DHS/CBP is updating this system of Consistent with DHS’s information- Management and Budget and to
records notice (SORN) to provide notice sharing mission, information stored in Congress.

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48830 Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices

port codes from Schedule D, Customs Æ Country of Origin—The country of merchandise through international
District and Port Codes, listed in Annex origin is the country of manufacture, commerce.
C of the Harmonized Tariff Schedule production, or growth of any article. DHS/CBP maintains a replica of some
(HTS). When merchandise is invoiced in or or all of the data in the operating system
Æ Entry Date—The month, day, and exported from a country other than that on other unclassified and classified
year on which the goods are released, in which it originated, the actual systems and networks to allow for
except for immediate delivery, quota country of origin shall be specified analysis and vetting consistent with the
goods, or when the filer requests rather than the country of invoice or above stated purposes and this
another date prior to release.5 It is the exportation. published notice.
responsibility of the filer to ensure that Æ Import Date—The month, day, and ROUTINE USES OF RECORDS MAINTAINED IN THE
the entry date shown for entry/entry year on which the importing vessel SYSTEM, INCLUDING CATEGORIES OF USERS AND
summaries is the date of presentation transporting the merchandise from the THE PURPOSES OF SUCH USES:
(i.e., the time stamp date). The entry foreign country arrived within the limits
date for a warehouse withdrawal is the In addition to those disclosures
of the U.S. port with the intent to generally permitted under 5 U.S.C.
date of withdrawal. unlade.
Æ Manufacturer ID—This code 552a(b) of the Privacy Act, all or a
Æ Exporting Country—The country of portion of the records or information
identifies the manufacture/shipper of which the merchandise was last part of
the merchandise by a CBP-constructed contained in this system may be
the commerce and from which the disclosed outside DHS as a routine use
code. The manufacturer/shipper merchandise was shipped to the United
identification code is required for all pursuant to 5 U.S.C. 552a(b)(3) as
States. follows:
entry summaries and entry/entry
summaries, including informal entries, AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
A. To the Department of Justice (DOJ),
filed on the CBP Form 7501. including Offices of the United States
19 U.S.C. secs. 66, 1431, 1448, 1481, Attorneys, or other federal agency
Æ Notes—Notations and results of 1484, 1505, 1514, 1624, and 2071 note;
examinations and document review for conducting litigation or in proceedings
26 U.S.C. 6109(d); 31 U.S.C. 7701(c); before any court, adjudicative, or
cleared merchandise. sec. 203 of the Security and
Æ Trade violation statistics. administrative body, when it is relevant
Accountability for Every (SAFE) Port or necessary to the litigation and one of
Æ Protest and appeal decision case
Act of 2006 and sec. 343(a) of the Trade the following is a party to the litigation
information.
• Surety and Bond Information Act of 2002, as amended by the or has an interest in such litigation:
Æ Surety Information—Full legal Maritime Transportation Security Act of 1. DHS or any Component thereof;
name of entity, address. 2002; title 19 of the Code of Federal 2. Any employee or former employee
Æ Surety Number—A three-digit Regulations, including 19 CFR 24.5, of DHS in his or her official capacity;
numeric code that identifies the surety 149.3, 101.9, and 103.31(e). 3. Any employee or former employee
company on the Customs Bond. This of DHS in his or her individual capacity
PURPOSE(S):
code can be found in block 7 of the CBP when DOJ or DHS has agreed to
Form 301, or is available through CBP’s This system of records allows DHS/ represent the employee; or
automated system to ABI filers, via the CBP to collect and maintain records on 4. The United States or any agency
importer bond query transaction. all commercial goods imported into the thereof.
Æ Bond Type—A three-digit numeric United States, along with carrier, broker, B. To a congressional office from the
code identifying the following type of importer, and other ACE–ITDS Portal record of an individual in response to
bond: U.S. Government or entry types user account and manifest information. an inquiry from that congressional office
not requiring a bond; Continuous; or The purpose of this system of records is made at the request of the individual to
Single Transaction. to track, control, and process all whom the record pertains.
Æ Additional Bond Information—All commercial goods imported into the C. To the National Archives and
authorized users of bond, bond United States. This facilitates the flow Records Administration (NARA) or
expiration date. of legitimate shipments, and assists General Services Administration
• Merchandise-Specific Information DHS/CBP in securing U.S. borders and pursuant to records management
Æ Line Number—A commodity from targeting illicit goods. The IIS covers inspections being conducted under the
one country, covered by a line which two principle information technology authority of 44 U.S.C. 2904 and 2906.
includes a net quantity, entered value, systems: The Automated Commercial D. To an agency or organization for
HTS number, charges, rate of duty and System (ACS) and ACE–ITDS. The the purpose of performing audit or
tax. Automated Commercial System oversight operations as authorized by
Æ Description of Merchandise—A employs multiple modules to receive law, but only such information as is
description of the articles in sufficient data transmissions from a variety of necessary and relevant to such audit or
detail (i.e., gross weight, manifest parties involved in international oversight function.
quantity, net quantity in HTS units, U.S. commercial transactions and provides E. To appropriate agencies, entities,
dollar value, all other charges, costs, DHS/CBP with the capability to track and persons when:
and expenses incurred while bringing both the transport transactions and the 1. DHS suspects or has confirmed that
the merchandise from alongside the financial transactions associated with the security or confidentiality of
carrier at the port of exportation in the the movement of merchandise through information in the system of records has
international commerce. The ACE–ITDS been compromised;
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country of exportation and placing it
alongside the carrier at the first U.S. modernizes and enhances trade 2. DHS has determined that as a result
port of entry). processing with features that will of the suspected or confirmed
Æ License Numbers—For consolidate and automate border compromise, there is a risk of identity
merchandise subject to agriculture processing. The ACE–ITDS serves three theft or fraud, harm to economic or
licensing. sets of core stakeholders: The internal property interests, harm to an
DHS/CBP users, PGAs, and the trade individual, or harm to the security or
5 19 CFR 141.68. community in the movement of integrity of this system or other systems

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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices 48831

or programs (whether maintained by disclosures to opposing counsel or DISCLOSURE TO CONSUMER REPORTING
DHS or another agency or entity) that witnesses in the course of civil AGENCIES:
rely upon the compromised discovery, litigation, or settlement CBP may disclose, pursuant to 5
information; and negotiations, in response to a subpoena, U.S.C. 552a(b)(12), to consumer
3. The disclosure made to such or in connection with criminal law reporting agencies in accordance with
agencies, entities, and persons is proceedings; the provision of 15 U.S.C. 1681, et seq.
reasonably necessary to assist in M. To third parties during the course or the Federal Claims Collection Act of
connection with DHS’s efforts to of an investigation to the extent 1966 as amended (31 U.S.C. 3701, et
respond to the suspected or confirmed necessary to obtain information seq.). The purpose of this disclosure is
compromise and prevent, minimize, or pertinent to the investigation; to aid in the collection of outstanding
remedy such harm. N. To the Department of Justice, debts owed to the Federal Government,
F. To contractors and their agents, Offices of the United States Attorneys or typically, to provide an incentive for
grantees, experts, consultants, and a consumer reporting agency as defined debtors to repay delinquent Federal
others performing or working on a by the Fair Credit Reporting Act, Government debts by making these part
contract, service, grant, cooperative address or physical location information of their credit records.
agreement, or other assignment for DHS, concerning the debtor, for further Disclosure of records is limited to the
when necessary to accomplish an collection action on any delinquent debt individual’s name, address, EIN/SSN,
agency function related to this system of when circumstances warrant; and other information necessary to
records. Individuals provided O. To appropriate federal, state, local, establish the individual’s identity; the
information under this routine use are tribal, or foreign governmental agencies amount, status, and history of the claim;
subject to the same Privacy Act or multilateral governmental and the agency or program under which
requirements and limitations on organizations when DHS is aware of a the claim arose. The disclosure will be
disclosure as are applicable to DHS need to use relevant data for purposes made only after the procedural
officers and employees. of testing new technology and systems requirements of 31 U.S.C. 3711(e) have
G. To appropriate federal, state, local, designed to enhance national security or been followed.
tribal, or foreign governmental agencies identify other violations of law;
or multilateral governmental P. To a former employee of DHS, in POLICIES AND PRACTICES FOR STORING,
organizations responsible for accordance with applicable regulations, RETRIEVING, ACCESSING, RETAINING, AND
investigating or prosecuting the for purposes of responding to an official DISPOSING OF RECORDS IN THE SYSTEM:
violations of, or for enforcing or inquiry by a federal, state, or local STORAGE:
implementing, a statute, rule, government entity or professional
DHS/CBP stores records in this
regulation, order, license, or treaty when licensing authority; or facilitating
system, as well as on other unclassified
DHS determines that the information communications with a former
and classified systems and networks,
would assist in the enforcement of civil employee that may be necessary for
electronically, or on paper in secure
or criminal laws. personnel-related or other official
facilities in a locked drawer behind a
H. To a federal, state, or local agency, purposes when the Department requires
locked door. The records may be stored
or other appropriate entity or information or consultation assistance
on magnetic disc, tape, digital media,
individual, or through established from the former employee regarding a
and CD–ROM.
liaison channels to selected foreign matter within that person’s former area
governments, in order to provide of responsibility; RETRIEVABILITY:
intelligence, counterintelligence, or Q. To an organization or individual in DHS/CBP retrieves records by file
other information for the purposes of either the public or private sector, either identification codes, name, or other
intelligence, counterintelligence, or foreign or domestic, when there is a personal identifier.
antiterrorism activities authorized by reason to believe that the recipient is or
U.S. law, Executive Order, or other could become the target of a particular SAFEGUARDS:
applicable national security directive. terrorist activity or conspiracy, to the DHS/CBP safeguards records in this
I. To the Department of Commerce, extent the information is relevant to the system in accordance with applicable
United States Census Bureau for protection of life or property; rules and policies, including all
statistical analysis of foreign trade data. R. To paid subscribers, in accordance applicable DHS automated systems
J. To a federal agency, pursuant to an with applicable regulations, for the security and access policies. DHS/CBP
International Trade Data System purpose of providing access to manifest imposes strict controls to minimize the
Memorandum of Understanding, information as set forth in 19 U.S.C. risk of compromising the information
consistent with the receiving agency’s 1431; that is being stored. Access to the
legal authority to collect information S. To the news media and the public, computer system containing the records
pertaining to and/or regulate with the approval of the Chief Privacy in this system is limited to those
transactions in international trade. Officer in consultation with counsel, individuals who have a need to know
K. To a federal, state, local, tribal, when there exists a legitimate public the information for the performance of
territorial, foreign, or international interest in the disclosure of the their official duties and who have
agency, maintaining civil, criminal, or information or when disclosure is appropriate clearances or permissions.
other relevant enforcement information necessary to preserve confidence in the The systems maintain a real-time
or other pertinent information, which integrity of DHS or is necessary to auditing function of individuals who
has requested information relevant or demonstrate the accountability of DHS’s
srobinson on DSK5SPTVN1PROD with NOTICES

access them. Additional safeguards may
necessary to the requesting agency’s officers, employees, or individuals vary by Component and program.
hiring or retention of an individual, or covered by the system, except to the
issuance of a security clearance, license, extent it is determined that release of RETENTION AND DISPOSAL:
contract, grant, or other benefit; the specific information in the context The Importer Security Filing form is
L. To a court, magistrate, or of a particular case would constitute an retained for fifteen years from date of
administrative tribunal in the course of unwarranted invasion of personal submission unless it becomes linked to
presenting evidence, including privacy. law enforcement action. All other

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Document Created: 2018-02-08 08:01:05
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act system of records.
Dates		Submit comments on or before August 25, 2016. This updated system will be effective August 25, 2016.
Contact		For general questions, please contact: Debra L. Danisek (202) 344-1610, Acting CBP Privacy Officer, Office of the Commissioner, U.S. Customs and Border Protection, 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 20528-0655.
FR Citation		81 FR 48826

81 FR 48826 - Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 143 (July 26, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary