81_FR_90196 81 FR 89957 - Privacy Act of 1974; Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information (BCI) System of Records

81 FR 89957 - Privacy Act of 1974; Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information (BCI) System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range89957-89963
FR Document2016-29898

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-007 Border Crossing Information (BCI) System of Records.'' This system of records allows DHS/CBP to collect and maintain records on border crossing information for all individuals who enter, are admitted or paroled into, and (when available) exit from the United States, regardless of method or conveyance. The BCI includes certain biographic and biometric information; photographs; responses to immigration and customs inspection-related questions, certain mandatory or voluntary itinerary information provided by air, sea, bus, and rail carriers or any other forms of passenger transportation; and the time and location of the border crossing. DHS/CBP is updating this system of records notice to provide notice that BCI categories of records include responses to immigration and customs inspection questions collected to facilitate the CBP inspection process and to add a new routine use permitting DHS/CBP to share information from this system of records with external organizations if the information is relevant and necessary to a requesting agency's decision concerning the hiring or retention of an individual, or issuance of a security clearance, license, contract, grant, or other benefit. This system of records notice was previously published in the Federal Register on January 25, 2016 (81 FR 4040). A Final Rule exempting portions of this system from certain provisions of the Privacy Act was published on March 21, 2016 (81 FR 14947) and remains in effect. DHS will include this system in its inventory of record systems.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 89957-89963]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29898]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0088]


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

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

-----------------------------------------------------------------------

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

[[Page 89958]]

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

DATES: Submit comments on or before January 12, 2017. This updated 
system will be effective January 12, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0088 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek (202) 344-1610, CBP Privacy Officer, U.S. Customs and 
Border Protection, Privacy and Diversity Office, 1300 Pennsylvania 
Avenue, NW., Washington, DC 20229. For privacy questions, please 
contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Customs and Border 
Protection (CBP) proposes to update and reissue a DHS system of records 
titled, ``DHS/CBP-007 Border Crossing Information (BCI) System of 
Records.'' DHS/CBP is updating this system of records notice to provide 
notice that BCI categories of records include responses to immigration 
and customs inspection questions collected to facilitate the CBP 
inspection process and to add a new routine use permitting DHS/CBP to 
share information from this system of records with external 
organizations if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit.
    DHS/CBP's priority mission is to prevent terrorists and terrorist 
weapons from entering the country while facilitating legitimate travel 
and trade. To further this mission, DHS/CBP maintains BCI about all 
individuals who enter, are admitted or paroled into, and (when 
available) exit from the United States regardless of method or 
conveyance. BCI includes certain biographic and biometric information; 
photographs; certain responses to inspection questions; certain 
mandatory or voluntary itinerary information provided by air, sea, bus, 
and rail carriers or any other forms of passenger transportation; and 
the time and location of the border crossing. BCI resides on the TECS 
(not an acronym) information technology (IT) platform.
    DHS/CBP is responsible for collecting and reviewing BCI from 
travelers entering and departing the United States as part of DHS/CBP's 
overall border security and enforcement missions. All individuals 
crossing the border are subject to DHS/CBP inspection upon arrival in 
the United States. Each traveler entering the United States is required 
to establish his or her identity, nationality, and admissibility, as 
applicable, to the satisfaction of a CBP Officer during the inspection 
process. To manage this process, DHS/CBP creates a record of an 
individual's admission or parole into the United States at a particular 
time and port of entry. DHS/CBP also collects information about U.S. 
citizens and certain aliens upon departure from the United States for 
law enforcement purposes and to document their border crossing.
    DHS is statutorily mandated to create and integrate an automated 
entry and exit system that records the arrival and departure of aliens 
(8 U.S.C. 1365a), verifies alien identities, and authenticates alien 
travel documents through the comparison of biometric identifiers (8 
U.S.C. 1365b). Certain aliens may be required to provide biometrics 
(including digital fingerprint scans, palm prints, photographs, facial 
and iris images, or other biometric identifiers) upon arrival in or 
departure from the United States. The biometric data is stored in the 
Automated Biometric Identification System (IDENT) IT system. IDENT 
stores and processes biometric data (e.g., digital fingerprints, palm 
prints, photographs, and iris scans) and links biometrics with 
biographic information to establish and verify identities. The IDENT 
system serves as the biometric repository for DHS and also stores 
related biographic information.
    Collection of additional biometric information from individuals 
crossing the border (such as information regarding scars, marks, 
tattoos, and palm prints) aids biometric sharing between the Department 
of Justice (DOJ) Integrated Automated Fingerprint Identification System 
(IAFIS)/Next Generation Identification (NGI) and the IDENT system. The 
end result is enhanced access to (and in some cases acquisition of) 
IAFIS/NGI information by the IDENT system and its users. DHS, DOJ/FBI, 
and the Department of State (DOS)/Bureau of Consular Affairs entered 
into a Memorandum of Understanding (MOU) for Improved Information 
Sharing Services in 2008. The MOUs established the framework for 
sharing information in accordance with an agreed-upon technical 
solution for expanded IDENT/IAFIS/NGI interoperability, which provides 
access to additional data for a greater number of authorized users.
    CBP collects border crossing information stored in the BCI system 
of records through a number of sources, for example: (1) Travel 
documents (e.g., a foreign passport) presented by an individual at a 
CBP port of entry when he or she provided no advance notice of the 
border crossing to CBP; (2) carriers that submit information in advance 
of travel through the Advance Passenger Information System (APIS) (see 
DHS/

[[Page 89959]]

CBP-005 Advance Passenger Information System (APIS) SORN, 80 FR 13407, 
(March 13, 2015)); (3) information stored in the Global Enrollment 
System (GES) (see DHS/CBP-002 Global Enrollment System (GES) SORN, 78 
FR 3441, (January 16, 2013)) as part of a trusted or registered 
traveler program; (4) written or oral responses to immigration and 
customs inspection questions provided by travelers to facilitate the 
inspection process; (5) cameras posted in pre-screening and screening 
areas that take photos in support of the inspection process; (6) non-
federal governmental authorities that issued valid travel documents 
approved by the Secretary of DHS (e.g., an Enhanced Driver's License 
(EDL)); (7) another federal agency that issued a valid travel document 
(e.g., data from a DOS visa, passport including passport card, or 
Border Crossing Card); or (8) the Canada Border Services Agency (CBSA) 
pursuant to the Beyond the Border Entry/Exit Program. When a traveler 
applies to enter, enters, is admitted to, paroled into, or departs from 
the United States, his or her biographical information, photograph 
(when available), and crossing details (time and location) are 
maintained in accordance with the DHS/CBP-007 Border Crossing 
Information SORN.
    DHS/CBP is updating this system of records notice, last published 
January 25, 2016 (81 FR 4040), to modify categories of records to 
include responses to certain CBP inspection questions collected to 
facilitate the inspection process and to add a new routine use 
permitting DHS/CBP to share information from this system of records 
with external organizations if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance of a security clearance, 
license, contract, grant, or other benefit. DHS/CBP collects traveler 
responses to certain CBP inspection questions via the Customs 
Declaration Form 6059B. This form is stored by arrival date or flight 
number at the various ports of entry. DHS/CBP has now deployed the 
Automated Passport Control Kiosk and the Mobile Passport Control mobile 
application, both of which permit travelers to submit responses to 
certain inspection-related questions electronically. The responses are 
stored by DHS/CBP and are now retrievable by unique identifier, 
therefore warranting an expansion of the BCI SORN to include these 
responses although DHS/CBP has collected responses to inspection 
questions since inception.
    With this SORN update, DHS is also adding a new Routine Use Q, 
which permits DHS/CBP to share information with an appropriate federal, 
state, local, tribal, foreign, or international agency if the 
information is relevant and necessary to a requesting agency's decision 
concerning the hiring or retention of an individual, or issuance of a 
security clearance, license, contract, grant, or other benefit, or if 
the information is relevant and necessary to a DHS decision concerning 
the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person making the request. DHS/CBP is adding 
this new routine use to share certain border crossing information with 
external organizations in the course of employee or applicant 
suitability screening (e.g., unreported foreign travel for individuals 
who hold sensitive security positions).
    Consistent with DHS's information sharing mission, information 
stored in the DHS/CBP-007 BCI SORN may be shared with other DHS 
components that have a need to know the information to carry out their 
national security, law enforcement, immigration, intelligence, or other 
homeland security functions.
    The exemptions for the existing system of records notice published 
January 25, 2016 (81 FR 4040), continue to apply for this updated 
system of records for those categories of records listed in the 
previous System of Records Notice. A Final Rule exempting portions of 
this system from certain provisions of the Privacy Act was published on 
March 21, 2016 (81 FR 14947), and remains in effect. Furthermore, to 
the extent certain categories of records are ingested from other 
systems, the exemptions applicable to the source systems will remain in 
effect.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the Federal Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/CBP-007 Border Crossing 
Information (BCI) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

System of Records:
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-007.

System name:
    DHS/CBP-007 Border Crossing Information (BCI).

Security classification:
    Unclassified, Sensitive, For Official Use Only (FOUO), and Law 
Enforcement-Sensitive (LES). The data may be retained on classified 
networks, but this does not change the nature and character of the data 
until it is combined with classified information.

System location:
    DHS/CBP currently maintains records in information technology (IT) 
systems at DHS/CBP Headquarters in Washington, DC and at field offices. 
Computer terminals are located at customhouses, border ports of entry, 
airport inspection facilities under the jurisdiction of DHS/CBP, and 
other locations at which DHS/CBP authorized personnel may be posted to 
facilitate DHS's mission. Terminals may also be located at appropriate 
facilities for other participating government agencies. Records are 
replicated from the operational IT system and maintained on DHS 
unclassified and classified networks.

Categories of individuals covered by the system:
    Individuals with records stored in BCI include U.S. citizens, 
lawful permanent residents (LPR), and immigrant and non-immigrant 
aliens who lawfully cross the U.S. border by air, land, or sea, 
regardless of method of transportation or conveyance.

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

[[Page 89960]]

     Gender;
     Travel document type and number (e.g., passport 
information, permanent resident card, Trusted Traveler Program card);
     Issuing country or entity and expiration date;
     Photograph (when available);
     Country of citizenship;
     Tattoos;
     Scars;
     Marks;
     Palm prints;
     Digital fingerprints;
     Digital iris scans;
     Radio Frequency Identification (RFID) tag number(s) (if 
land or sea border crossing);
     Date and time of crossing;
     Lane for clearance processing;
     Location of crossing;
     Responses to certain CBP inspection-related questions;
     Secondary Examination Status; and
     For land border crossings only, license plate number or 
Vehicle Identification Number (VIN) (if no plate exists).
    CBP maintains in BCI information derived from an associated APIS 
transmission (when applicable), as well as any results of APIS 
information compared against CBP or partner data, which may include:
     Full name (last, first, and, if available, middle);
     Date of birth;
     Gender;
     Country of citizenship;
     Passport/alien registration number and country of 
issuance;
     Passport expiration date;
     Country of residence;
     Status on board the aircraft;
     Travel document type;
     U.S. destination address (for all private aircraft 
passengers and crew, and commercial air, rail, bus, and vessel 
passengers except for U.S. Citizens, LPRs, crew, and those in transit);
     Place of birth and address of permanent residence 
(commercial flight crew only);
     Pilot certificate number and country of issuance (flight 
crew only, if applicable);
     Passenger Name Record (PNR) locator number;
     Primary inspection lane;
     ID inspector;
     Records containing the results of comparisons of 
individuals to information maintained in CBP's law enforcement 
databases as well as information from the Terrorist Screening Database 
(TSDB);
     Information on individuals with outstanding wants or 
warrants; and
     Information from other government agencies regarding high 
risk parties.
    CBP collects records under the Entry/Exit Program with Canada, such 
as border crossing data from the Canada Border Services Agency (CBSA), 
including:
     Full name (last, first, and if available, middle);
     Date of Birth;
     Nationality (citizenship);
     Gender;
     Document Type;
     Document Number;
     Document Country of Issuance;
     Port of entry location (Port code);
     Date of entry; and
     Time of entry.
    In addition, air and sea carriers or operators covered by the APIS 
rules and rail and bus carriers (to the extent voluntarily applicable) 
also transmit or provide the following information to CBP for retention 
in BCI:
     Airline carrier code;
     Flight number;
     Vessel name;
     Vessel country of registry/flag;
     International Maritime Organization number or other 
official number of the vessel;
     Voyage number;
     Date of arrival/departure;
     Foreign airport/port where the passengers and crew members 
began their air/sea transportation to the United States;
     For passengers and crew members destined for the United 
States:
    [cir] The location where the passengers and crew members will 
undergo customs and immigration clearance by CBP.
     For passengers and crew members who are transiting through 
(and crew on flights over flying) the United States and not clearing 
CBP:
    [cir] The foreign airport/port of ultimate destination; and
    [cir] Status on board (whether an individual is crew or non-crew).
     For passengers and crew departing the United States:
    [cir] Final foreign airport/port of arrival.
    Other information also stored in this system of records includes:
     Aircraft registration number provided by pilots of private 
aircraft;
     Type of aircraft;
     Call sign (if available);
     CBP issued decal number (if available);
     Place of last departure (e.g., ICAO airport code, when 
available);
     Date and time of aircraft arrival;
     Estimated time and location of crossing U.S. border or 
coastline;
     Name of intended airport of first landing, if applicable;
     Owner or lessee name (first, last, and middle, if 
available, or business entity name);
     Owner or lessee contact information (address, city, state, 
zip code, country, telephone number, fax number, and email address, 
pilot, or private aircraft pilot name);
     Pilot information (license number, street address (number 
and street, city state, zip code, country), telephone number, fax 
number, and email address);
     Pilot license country of issuance;
     Operator name (for individuals: Last, first, and middle, 
if available; or name of business entity, if available);
     Operator street address (number and street, city, state, 
zip code, country, telephone number, fax number, and email address);
     Aircraft color(s);
     Complete itinerary (foreign airport landings within 24 
hours prior to landing in the United States);
     24-hour emergency point of contact information (e.g., 
broker, dispatcher, repair shop, or other third party who is 
knowledgeable about this particular flight):
    [cir] Full name (last, first, and middle (if available)) and 
telephone number; and
     Incident to the transmission of required information via 
eAPIS (for general aviation itineraries, pilot, and passenger 
manifests), records will also incorporate the pilot's email address.
    To the extent private aircraft operators and carriers may transmit 
APIS, similar information may also be recorded in BCI by CBP with 
regard to such travel. CBP also collects the license plate number of 
the conveyance (or VIN number when no plate exists) in the land border 
environment for both arrival and departure (when departure information 
is available).

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

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

[[Page 89961]]

suspected of being) a terrorist or having affiliations to terrorist 
organizations; (2) have active warrants for criminal activity; (3) are 
currently inadmissible or have been previously removed from the United 
States; or (4) have been otherwise identified as potential security 
risks or raise a law enforcement concern. For immigrant and non-
immigrant aliens, the information is also collected and maintained to 
ensure information related to a particular border crossing is available 
for providing any applicable benefits related to immigration or other 
enforcement purposes. Lastly, DHS/CBP maintains information in BCI to 
retain a historical record of persons crossing the border to facilitate 
law enforcement, counterterrorism, and benefits processing.
    DHS/CBP maintains a replica of some or all of the data in the 
operating system on DHS unclassified and classified networks to allow 
for analysis and vetting consistent with the above stated purposes and 
this published notice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
United States Attorneys, or other federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any Component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To appropriate federal, state, tribal, local, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, or 
license, when DHS believes the information would assist enforcement of 
applicable civil or criminal laws.
    I. To the CBSA for law enforcement and immigration purposes, as 
well as to facilitate cross-border travel when an individual enters the 
United States from Canada.
    J. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS reasonably believes there to be a threat (or potential threat) to 
national or international security for which the information may be 
relevant in countering the threat (or potential threat).
    K. To a federal, state, tribal, or local agency, other appropriate 
entity or individual, or foreign governments, in order to provide 
relevant information related to intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, E.O., or other 
applicable national security directive.
    L. To an organization or individual in either the public or private 
sector (foreign or domestic) when there is a reason to believe that the 
recipient is (or could become) the target of a particular terrorist 
activity or conspiracy, or when the information is relevant and 
necessary to the protection of life or property.
    M. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purposes of protecting the vital interests of the data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease, to combat other significant public health 
threats, or to provide appropriate notice of any identified health 
threat or risk.
    N. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, or in connection with criminal law proceedings.
    O. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation.
    P. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations when 
DHS is aware of a need to use relevant data for purposes of testing new 
technology.
    Q. To an appropriate federal, state, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the

[[Page 89962]]

information is relevant and necessary to a DHS decision concerning the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person making the request.
    R. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/CBP stores records in this system electronically in the 
operational IT system, including on DHS unclassified and classified 
networks, or on paper in secure facilities in a locked drawer behind a 
locked door. The records may be stored on magnetic disc, tape, digital 
media, and CD-ROM.

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

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

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

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

Notification procedure:
    DHS/CBP allows persons (including foreign nationals) to seek 
administrative access under the Privacy Act to information maintained 
in BCI. However, the Secretary of DHS exempted portions of this system 
from the notification, access, and amendment procedures of the Privacy 
Act because it is a law enforcement system. Nonetheless, DHS/CBP will 
consider individual requests to determine whether or not information 
may be released. Thus, individuals seeking notification of and access 
to any record contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the DHS Chief 
Freedom of Information Act (FOIA) Officer or CBP FOIA Officer, whose 
contact information can be found at http://www.dhs.gov/foia under 
``Contacts.'' If an individual believes more than one Component 
maintains Privacy Act records that concern him or her, the individual 
may submit the request to the Chief Privacy Officer and Chief FOIA 
Officer, Department of Homeland Security, 245 Murray Lane SW., Building 
410, STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. Although no specific form 
is required, you may obtain forms for this purpose from the Chief 
Privacy Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-
866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which Component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS Component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, CBP may not be able to conduct an 
effective search, and your request may be denied due to lack of 
specificity or lack of compliance with applicable regulations.
    In processing requests for access to information in this system, 
CBP will review the records in the operational system and coordinate 
with DHS to address access to records on the DHS unclassified and 
classified networks.

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

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

Record source categories:
    DHS/CBP collects information from individuals who arrive in, depart 
from,

[[Page 89963]]

or transit through the United States. This system also collects 
information from carriers that operate vessels, vehicles (including 
buses), aircraft, or trains that enter or exit the United States, 
including private aircraft operators. Lastly, BCI receives border 
crossing information from CBSA.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system that is collected from a person at the time of 
crossing and submitted by that person's air, sea, bus, or rail carriers 
if that person, or his or her agent, seeks access or amendment of such 
information.
    The Privacy Act, however, requires DHS to maintain an accounting of 
the disclosures made pursuant to all routines uses. Disclosing the fact 
that a law enforcement or intelligence agency has sought particular 
records may affect ongoing law enforcement activities. The Secretary of 
DHS, pursuant to 5 U.S.C. 552a(j)(2), exempted this system from the 
following provisions of the Privacy Act: Sections (c)(3), (e)(8), and 
(g) of the Privacy Act of 1974, as amended, as is necessary and 
appropriate to protect this information. Further, DHS has exempted sec. 
(c)(3) of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 
552a(k)(2) as is necessary and appropriate to protect this information.
    Additionally, this system contains records or information 
recompiled from or created from information contained in other systems 
of records that are exempt from certain provision of the Privacy Act. 
This system also contains accountings of disclosures made with respect 
to information maintained in the system. For these records or 
information only, in accordance with 5 U.S.C. 552a(j)(2) and (k)(2), 
DHS will also claim the original exemptions for these records or 
information from subsecs. (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the 
Privacy Act of 1974, as amended, as necessary and appropriate to 
protect such information.

    Dated: December 8, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-29898 Filed 12-12-16; 8:45 am]
 BILLING CODE 9111-14-P



                                                                                  Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                                                              89957

                                                                                                          ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                             Average
                                                                                                                                                                                         Number of
                                                                                                                                       Type of                        Number of                               burden                 Total annual
                                                                         Form name                                                                                                     responses per
                                                                                                                                     respondent                      respondents                           per response              burden hours
                                                                                                                                                                                         respondent         (in hours)

                                               Pediatric Expedited Amendment Review .............                          Board Members ............                          140                 1                    30/60                  70
                                               Adult Expedited Continuing Review .....................                     Board Members ............                          140                 1                    30/60                  70
                                               Pediatric Expedited Continuing Review ...............                       Board Members ............                           36                 1                    30/60                  18
                                               Adult Cooperative Group Response to CIRB Re-                                Health Care Practitioner                             30                 1                    60/60                  30
                                                 view.
                                               Pediatric Cooperative Group Response to CIRB                                Health Care Practitioner                                5               1                     60/60                  5
                                                 Review.
                                               Adult Expedited Study Chair Response to Re-                                 Board Members ............                            40                1                     15/60                 10
                                                 quired Mod.
                                               Pediatric Expedited Study Chair Response to                                 Board Members ............                            40                1                     15/60                 10
                                                 Required Mod.
                                               Reviewer Worksheet—Determination of UP or                                   Board Members ............                          360                 1                    10/60                  61
                                                 SCN.
                                               Reviewer Worksheet—CIRB Statistical Reviewer                                Board Members ............                          100                 1                     60/60                100
                                                 Form.
                                               CIRB Application for Translated Documents ........                          Health Care Practitioner                            100                 1                    30/60                  50
                                               Reviewer Worksheet of Translated Documents ...                              Board Members ............                          100                 1                    15/60                  25
                                               Reviewer Worksheet of Recruitment Material ......                           Board Members ............                           20                 1                    15/60                   5
                                               Reviewer Worksheet Expedited Study Closure                                  Board Members ............                           20                 1                    15/60                   5
                                                 Review.
                                               Reviewer Worksheet Expedited Review of Study                                Board Members ............                              5               1                    30/60                   3
                                                 Chair Response to CIRB—Required Modifica-
                                                 tions.
                                               Reviewer Worksheet of Expedited IR ..................                       Board Members ............                             5                1                    30/60                   3
                                               Reviewer Worksheet—CPC—Determination of                                     Board Members ............                            40                1                    15/60                  10
                                                 UP or SCN.
                                               Annual Signatory Institution Worksheet About                                Health Care Practitioner                            400                 1                    40/60                 267
                                                 Local Context.
                                               Annual Principal Investigator Worksheet About                               Health Care Practitioner                           1,800                1                    20/60                 600
                                                 Local Context.
                                               Study-Specific Worksheet About Local Context ...                            Health Care Practitioner                           4,800                1                    20/60               1,600
                                               Study Closure or Transfer of Study Review Re-                               Health Care Practitioner                           1,680                1                    15/60                 420
                                                 sponsibility Form.
                                               UP or SCN Reporting Form .................................                  Health Care Practitioner                            360                 1                    20/60                 120
                                               Change of SI PI Form ..........................................             Health Care Practitioner                            120                 1                    15/60                  30
                                               CTSU Web site Customer Satisfaction Survey ....                             Health Care Practitioner                            275                 1                    15/60                  69
                                               CTSU Help Desk Customer Satisfaction Survey                                 Health Care Practitioner                            325                 1                    15/60                  81
                                               CTSU OPEN Survey ............................................               Health Care Practitioner                             60                 1                    15/60                  15
                                               CIRB Customer Satisfaction Survey ....................                      Participants ...................                    600                 1                    15/60                 150
                                               Follow-up Survey (Communication Audit) ............                         Participants/Board                                  300                 1                    15/60                  75
                                                                                                                             Members.
                                               Web site Focus Groups, Communication Project                                Participants/Board                                    18                1                    60/60                  18
                                                                                                                             Members.
                                               CIRB Board Member Annual Assessment Survey                                  Board Members ............                            60                1                    20/60                  20
                                               PIO Customer Satisfaction Survey .......................                    Health Care Practitioner                              60                1                     5/60                   5
                                               Concept Clinical Trial Survey ...............................               Health Care Practitioner                             500                1                     5/60                  42
                                               Prospective Clinical Trial Survey ..........................                Health Care Practitioner                           1,000                1                     1/60                  17
                                               Low Accrual Clinical Trial Survey .........................                 Health Care Practitioner                           1,000                1                     1/60                  17
                                               ETCTN PI Survey .................................................           Physician ......................                      75                1                    15/60                  19
                                               ETCTN RS Survey ...............................................             Health Care Practitioner                             175                1                    15/60                  44

                                                    Totals .............................................................   .......................................          24,125          100,362       ........................         15,531



                                                 Dated: December 1, 2016.                                              DEPARTMENT OF HOMELAND                                            ACTION:Notice of Privacy Act System of
                                               Karla Bailey,                                                           SECURITY                                                          Records.
                                               Project Clearance Liaison, National Cancer
                                               Institute, National Institutes of Health.                               Office of the Secretary                                           SUMMARY:    In accordance with the
                                               [FR Doc. 2016–29767 Filed 12–12–16; 8:45 am]
                                                                                                                                                                                         Privacy Act of 1974, the Department of
                                                                                                                       [Docket No. DHS–2016–0088]
pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                                                                                                         Homeland Security proposes to update
                                               BILLING CODE 4140–01–P
                                                                                                                       Privacy Act of 1974; Department of                                and reissue a current Department of
                                                                                                                       Homeland Security/U.S. Customs and                                Homeland Security system of records
                                                                                                                       Border Protection-007 Border Crossing                             titled, ‘‘Department of Homeland
                                                                                                                       Information (BCI) System of Records                               Security (DHS)/U.S. Customs and
                                                                                                                                                                                         Border Protection (CBP)-007 Border
                                                                                                                       AGENCY:  Department of Homeland                                   Crossing Information (BCI) System of
                                                                                                                       Security, Privacy Office.                                         Records.’’ This system of records allows


                                          VerDate Sep<11>2014       15:08 Dec 12, 2016         Jkt 241001      PO 00000       Frm 00066        Fmt 4703        Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                               89958                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               DHS/CBP to collect and maintain                         Officer, U.S. Customs and Border                      admission or parole into the United
                                               records on border crossing information                  Protection, Privacy and Diversity Office,             States at a particular time and port of
                                               for all individuals who enter, are                      1300 Pennsylvania Avenue, NW.,                        entry. DHS/CBP also collects
                                               admitted or paroled into, and (when                     Washington, DC 20229. For privacy                     information about U.S. citizens and
                                               available) exit from the United States,                 questions, please contact: Jonathan R.                certain aliens upon departure from the
                                               regardless of method or conveyance.                     Cantor, (202) 343–1717, Acting Chief                  United States for law enforcement
                                               The BCI includes certain biographic and                 Privacy Officer, Privacy Office,                      purposes and to document their border
                                               biometric information; photographs;                     Department of Homeland Security,                      crossing.
                                               responses to immigration and customs                    Washington, DC 20528.                                    DHS is statutorily mandated to create
                                               inspection-related questions, certain                   SUPPLEMENTARY INFORMATION:                            and integrate an automated entry and
                                               mandatory or voluntary itinerary                                                                              exit system that records the arrival and
                                                                                                       I. Background                                         departure of aliens (8 U.S.C. 1365a),
                                               information provided by air, sea, bus,
                                               and rail carriers or any other forms of                    In accordance with the Privacy Act of              verifies alien identities, and
                                               passenger transportation; and the time                  1974, 5 U.S.C. 552a, the Department of                authenticates alien travel documents
                                               and location of the border crossing.                    Homeland Security (DHS) U.S. Customs                  through the comparison of biometric
                                                  DHS/CBP is updating this system of                   and Border Protection (CBP) proposes to               identifiers (8 U.S.C. 1365b). Certain
                                               records notice to provide notice that BCI               update and reissue a DHS system of                    aliens may be required to provide
                                               categories of records include responses                 records titled, ‘‘DHS/CBP–007 Border                  biometrics (including digital fingerprint
                                               to immigration and customs inspection                   Crossing Information (BCI) System of                  scans, palm prints, photographs, facial
                                               questions collected to facilitate the CBP               Records.’’ DHS/CBP is updating this                   and iris images, or other biometric
                                               inspection process and to add a new                     system of records notice to provide                   identifiers) upon arrival in or departure
                                               routine use permitting DHS/CBP to                       notice that BCI categories of records                 from the United States. The biometric
                                               share information from this system of                   include responses to immigration and                  data is stored in the Automated
                                               records with external organizations if                  customs inspection questions collected                Biometric Identification System (IDENT)
                                               the information is relevant and                         to facilitate the CBP inspection process              IT system. IDENT stores and processes
                                               necessary to a requesting agency’s                      and to add a new routine use permitting               biometric data (e.g., digital fingerprints,
                                               decision concerning the hiring or                       DHS/CBP to share information from this                palm prints, photographs, and iris
                                               retention of an individual, or issuance                 system of records with external                       scans) and links biometrics with
                                               of a security clearance, license, contract,             organizations if the information is                   biographic information to establish and
                                               grant, or other benefit.                                relevant and necessary to a requesting                verify identities. The IDENT system
                                                  This system of records notice was                    agency’s decision concerning the hiring               serves as the biometric repository for
                                               previously published in the Federal                     or retention of an individual, or                     DHS and also stores related biographic
                                               Register on January 25, 2016 (81 FR                     issuance of a security clearance, license,            information.
                                               4040). A Final Rule exempting portions                  contract, grant, or other benefit.                       Collection of additional biometric
                                               of this system from certain provisions of                  DHS/CBP’s priority mission is to                   information from individuals crossing
                                               the Privacy Act was published on March                  prevent terrorists and terrorist weapons              the border (such as information
                                               21, 2016 (81 FR 14947) and remains in                   from entering the country while                       regarding scars, marks, tattoos, and
                                               effect. DHS will include this system in                 facilitating legitimate travel and trade.             palm prints) aids biometric sharing
                                               its inventory of record systems.                        To further this mission, DHS/CBP                      between the Department of Justice (DOJ)
                                                                                                       maintains BCI about all individuals who               Integrated Automated Fingerprint
                                               DATES: Submit comments on or before
                                                                                                       enter, are admitted or paroled into, and              Identification System (IAFIS)/Next
                                               January 12, 2017. This updated system                   (when available) exit from the United                 Generation Identification (NGI) and the
                                               will be effective January 12, 2017.                     States regardless of method or                        IDENT system. The end result is
                                               ADDRESSES: You may submit comments,                     conveyance. BCI includes certain                      enhanced access to (and in some cases
                                               identified by docket number DHS–                        biographic and biometric information;                 acquisition of) IAFIS/NGI information
                                               2016–0088 by one of the following                       photographs; certain responses to                     by the IDENT system and its users. DHS,
                                               methods:                                                inspection questions; certain mandatory               DOJ/FBI, and the Department of State
                                                  • Federal e-Rulemaking Portal: http://               or voluntary itinerary information                    (DOS)/Bureau of Consular Affairs
                                               www.regulations.gov. Follow the                         provided by air, sea, bus, and rail                   entered into a Memorandum of
                                               instructions for submitting comments.                   carriers or any other forms of passenger              Understanding (MOU) for Improved
                                                  • Fax: 202–343–4010.                                 transportation; and the time and                      Information Sharing Services in 2008.
                                                  • Mail: Jonathan R. Cantor, Acting                   location of the border crossing. BCI                  The MOUs established the framework
                                               Chief Privacy Officer, Privacy Office,                  resides on the TECS (not an acronym)                  for sharing information in accordance
                                               Department of Homeland Security,                        information technology (IT) platform.                 with an agreed-upon technical solution
                                               Washington, DC 20528.                                      DHS/CBP is responsible for collecting              for expanded IDENT/IAFIS/NGI
                                                  Instructions: All submissions received               and reviewing BCI from travelers                      interoperability, which provides access
                                               must include the agency name and                        entering and departing the United States              to additional data for a greater number
                                               docket number for this rulemaking. All                  as part of DHS/CBP’s overall border                   of authorized users.
                                               comments received will be posted                        security and enforcement missions. All                   CBP collects border crossing
                                               without change to http://                               individuals crossing the border are                   information stored in the BCI system of
                                               www.regulations.gov, including any                      subject to DHS/CBP inspection upon                    records through a number of sources, for
pmangrum on DSK3GDR082PROD with NOTICES




                                               personal information provided.                          arrival in the United States. Each                    example: (1) Travel documents (e.g., a
                                                  Docket: For access to the docket to                  traveler entering the United States is                foreign passport) presented by an
                                               read background documents or                            required to establish his or her identity,            individual at a CBP port of entry when
                                               comments received, please visit http://                 nationality, and admissibility, as                    he or she provided no advance notice of
                                               www.regulations.gov.                                    applicable, to the satisfaction of a CBP              the border crossing to CBP; (2) carriers
                                               FOR FURTHER INFORMATION CONTACT: For                    Officer during the inspection process.                that submit information in advance of
                                               general questions, please contact: Debra                To manage this process, DHS/CBP                       travel through the Advance Passenger
                                               L. Danisek (202) 344–1610, CBP Privacy                  creates a record of an individual’s                   Information System (APIS) (see DHS/


                                          VerDate Sep<11>2014   15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                            89959

                                               CBP–005 Advance Passenger                                  With this SORN update, DHS is also                 citizens and lawful permanent
                                               Information System (APIS) SORN, 80 FR                   adding a new Routine Use Q, which                     residents. As a matter of policy, DHS
                                               13407, (March 13, 2015)); (3)                           permits DHS/CBP to share information                  extends administrative Privacy Act
                                               information stored in the Global                        with an appropriate federal, state, local,            protections to all individuals when
                                               Enrollment System (GES) (see DHS/                       tribal, foreign, or international agency if           systems of records maintain information
                                               CBP–002 Global Enrollment System                        the information is relevant and                       on U.S. citizens, lawful permanent
                                               (GES) SORN, 78 FR 3441, (January 16,                    necessary to a requesting agency’s                    residents, and visitors.
                                               2013)) as part of a trusted or registered               decision concerning the hiring or                        Below is the description of the DHS/
                                               traveler program; (4) written or oral                   retention of an individual, or issuance               CBP–007 Border Crossing Information
                                               responses to immigration and customs                    of a security clearance, license, contract,           (BCI) System of Records.
                                               inspection questions provided by                        grant, or other benefit, or if the                       In accordance with 5 U.S.C. 552a(r),
                                               travelers to facilitate the inspection                  information is relevant and necessary to              DHS has provided a report of this
                                               process; (5) cameras posted in pre-                     a DHS decision concerning the hiring or               system of records to the Office of
                                               screening and screening areas that take                 retention of an employee, the issuance                Management and Budget and to
                                               photos in support of the inspection                     of a security clearance, the reporting of             Congress.
                                               process; (6) non-federal governmental                   an investigation of an employee, the
                                                                                                                                                             SYSTEM OF RECORDS:
                                               authorities that issued valid travel                    letting of a contract, or the issuance of
                                               documents approved by the Secretary of                  a license, grant or other benefit and                   Department of Homeland Security
                                               DHS (e.g., an Enhanced Driver’s License                 when disclosure is appropriate to the                 (DHS)/U.S. Customs and Border
                                               (EDL)); (7) another federal agency that                 proper performance of the official duties             Protection (CBP)-007.
                                               issued a valid travel document (e.g.,                   of the person making the request. DHS/                SYSTEM NAME:
                                               data from a DOS visa, passport                          CBP is adding this new routine use to
                                                                                                       share certain border crossing                           DHS/CBP–007 Border Crossing
                                               including passport card, or Border                                                                            Information (BCI).
                                               Crossing Card); or (8) the Canada Border                information with external organizations
                                               Services Agency (CBSA) pursuant to the                  in the course of employee or applicant                SECURITY CLASSIFICATION:
                                               Beyond the Border Entry/Exit Program.                   suitability screening (e.g., unreported                 Unclassified, Sensitive, For Official
                                               When a traveler applies to enter, enters,               foreign travel for individuals who hold               Use Only (FOUO), and Law
                                               is admitted to, paroled into, or departs                sensitive security positions).                        Enforcement-Sensitive (LES). The data
                                               from the United States, his or her                         Consistent with DHS’s information
                                                                                                                                                             may be retained on classified networks,
                                               biographical information, photograph                    sharing mission, information stored in
                                                                                                                                                             but this does not change the nature and
                                               (when available), and crossing details                  the DHS/CBP–007 BCI SORN may be
                                                                                                                                                             character of the data until it is combined
                                               (time and location) are maintained in                   shared with other DHS components that
                                                                                                                                                             with classified information.
                                               accordance with the DHS/CBP–007                         have a need to know the information to
                                               Border Crossing Information SORN.                       carry out their national security, law                SYSTEM LOCATION:
                                                                                                       enforcement, immigration, intelligence,                  DHS/CBP currently maintains records
                                                  DHS/CBP is updating this system of                   or other homeland security functions.
                                               records notice, last published January                                                                        in information technology (IT) systems
                                                                                                          The exemptions for the existing                    at DHS/CBP Headquarters in
                                               25, 2016 (81 FR 4040), to modify                        system of records notice published
                                               categories of records to include                                                                              Washington, DC and at field offices.
                                                                                                       January 25, 2016 (81 FR 4040), continue               Computer terminals are located at
                                               responses to certain CBP inspection                     to apply for this updated system of
                                               questions collected to facilitate the                                                                         customhouses, border ports of entry,
                                                                                                       records for those categories of records               airport inspection facilities under the
                                               inspection process and to add a new                     listed in the previous System of Records
                                               routine use permitting DHS/CBP to                                                                             jurisdiction of DHS/CBP, and other
                                                                                                       Notice. A Final Rule exempting portions               locations at which DHS/CBP authorized
                                               share information from this system of                   of this system from certain provisions of
                                               records with external organizations if                                                                        personnel may be posted to facilitate
                                                                                                       the Privacy Act was published on March
                                               the information is relevant and                                                                               DHS’s mission. Terminals may also be
                                                                                                       21, 2016 (81 FR 14947), and remains in
                                               necessary to a requesting agency’s                                                                            located at appropriate facilities for other
                                                                                                       effect. Furthermore, to the extent certain
                                               decision concerning the hiring or                                                                             participating government agencies.
                                                                                                       categories of records are ingested from
                                               retention of an individual, or issuance                                                                       Records are replicated from the
                                                                                                       other systems, the exemptions
                                               of a security clearance, license, contract,                                                                   operational IT system and maintained
                                                                                                       applicable to the source systems will
                                               grant, or other benefit. DHS/CBP                                                                              on DHS unclassified and classified
                                                                                                       remain in effect.
                                               collects traveler responses to certain                                                                        networks.
                                               CBP inspection questions via the                        II. Privacy Act
                                                                                                                                                             CATEGORIES OF INDIVIDUALS COVERED BY THE
                                               Customs Declaration Form 6059B. This                       The Privacy Act embodies fair                      SYSTEM:
                                               form is stored by arrival date or flight                information practice principles in a                    Individuals with records stored in BCI
                                               number at the various ports of entry.                   statutory framework governing the                     include U.S. citizens, lawful permanent
                                               DHS/CBP has now deployed the                            means by which the Federal                            residents (LPR), and immigrant and
                                               Automated Passport Control Kiosk and                    Government collects, maintains, uses,                 non-immigrant aliens who lawfully
                                               the Mobile Passport Control mobile                      and disseminates individuals’ records.                cross the U.S. border by air, land, or sea,
                                               application, both of which permit                       The Privacy Act applies to information                regardless of method of transportation
                                               travelers to submit responses to certain                that is maintained in a ‘‘system of                   or conveyance.
pmangrum on DSK3GDR082PROD with NOTICES




                                               inspection-related questions                            records.’’ A ‘‘system of records’’ is a
                                               electronically. The responses are stored                group of any records under the control                CATEGORIES OF RECORDS IN THE SYSTEM:
                                               by DHS/CBP and are now retrievable by                   of an agency from which information is                  DHS/CBP collects and stores the
                                               unique identifier, therefore warranting                 retrieved by the name of an individual                following records in the BCI system as
                                               an expansion of the BCI SORN to                         or by some identifying number, symbol,                border crossing information:
                                               include these responses although DHS/                   or other identifying particular assigned                • Full name (last, first, and, if
                                               CBP has collected responses to                          to the individual. In the Privacy Act, an             available, middle);
                                               inspection questions since inception.                   individual is defined to encompass U.S.                 • Date of birth;


                                          VerDate Sep<11>2014   15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                               89960                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                                  • Gender;                                               CBP collects records under the Entry/                 • Owner or lessee contact information
                                                  • Travel document type and number                    Exit Program with Canada, such as                     (address, city, state, zip code, country,
                                               (e.g., passport information, permanent                  border crossing data from the Canada                  telephone number, fax number, and
                                               resident card, Trusted Traveler Program                 Border Services Agency (CBSA),                        email address, pilot, or private aircraft
                                               card);                                                  including:                                            pilot name);
                                                  • Issuing country or entity and                         • Full name (last, first, and if                      • Pilot information (license number,
                                               expiration date;                                        available, middle);                                   street address (number and street, city
                                                  • Photograph (when available);                          • Date of Birth;                                   state, zip code, country), telephone
                                                  • Country of citizenship;                               • Nationality (citizenship);                       number, fax number, and email
                                                  • Tattoos;                                              • Gender;                                          address);
                                                  • Scars;                                                • Document Type;                                      • Pilot license country of issuance;
                                                  • Marks;                                                • Document Number;                                    • Operator name (for individuals:
                                                  • Palm prints;                                          • Document Country of Issuance;                    Last, first, and middle, if available; or
                                                  • Digital fingerprints;                                 • Port of entry location (Port code);              name of business entity, if available);
                                                  • Digital iris scans;                                   • Date of entry; and                                  • Operator street address (number
                                                  • Radio Frequency Identification                        • Time of entry.                                   and street, city, state, zip code, country,
                                               (RFID) tag number(s) (if land or sea                       In addition, air and sea carriers or               telephone number, fax number, and
                                               border crossing);                                       operators covered by the APIS rules and               email address);
                                                  • Date and time of crossing;                         rail and bus carriers (to the extent                     • Aircraft color(s);
                                                  • Lane for clearance processing;                     voluntarily applicable) also transmit or                 • Complete itinerary (foreign airport
                                                  • Location of crossing;                              provide the following information to
                                                  • Responses to certain CBP                                                                                 landings within 24 hours prior to
                                                                                                       CBP for retention in BCI:                             landing in the United States);
                                               inspection-related questions;                              • Airline carrier code;                               • 24-hour emergency point of contact
                                                  • Secondary Examination Status; and                     • Flight number;
                                                  • For land border crossings only,                                                                          information (e.g., broker, dispatcher,
                                                                                                          • Vessel name;
                                                                                                                                                             repair shop, or other third party who is
                                               license plate number or Vehicle                            • Vessel country of registry/flag;
                                               Identification Number (VIN) (if no plate                   • International Maritime Organization              knowledgeable about this particular
                                               exists).                                                number or other official number of the                flight):
                                                  CBP maintains in BCI information                     vessel;                                                  Æ Full name (last, first, and middle (if
                                               derived from an associated APIS                            • Voyage number;                                   available)) and telephone number; and
                                               transmission (when applicable), as well                    • Date of arrival/departure;                          • Incident to the transmission of
                                               as any results of APIS information                         • Foreign airport/port where the                   required information via eAPIS (for
                                               compared against CBP or partner data,                   passengers and crew members began                     general aviation itineraries, pilot, and
                                               which may include:                                      their air/sea transportation to the United            passenger manifests), records will also
                                                  • Full name (last, first, and, if                    States;                                               incorporate the pilot’s email address.
                                               available, middle);                                        • For passengers and crew members                     To the extent private aircraft operators
                                                  • Date of birth;                                     destined for the United States:                       and carriers may transmit APIS, similar
                                                  • Gender;                                               Æ The location where the passengers                information may also be recorded in BCI
                                                  • Country of citizenship;                            and crew members will undergo                         by CBP with regard to such travel. CBP
                                                  • Passport/alien registration number                 customs and immigration clearance by                  also collects the license plate number of
                                               and country of issuance;                                CBP.                                                  the conveyance (or VIN number when
                                                  • Passport expiration date;                             • For passengers and crew members                  no plate exists) in the land border
                                                  • Country of residence;                              who are transiting through (and crew on               environment for both arrival and
                                                  • Status on board the aircraft;                      flights over flying) the United States and            departure (when departure information
                                                  • Travel document type;                              not clearing CBP:                                     is available).
                                                  • U.S. destination address (for all                     Æ The foreign airport/port of ultimate             AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                               private aircraft passengers and crew,                   destination; and
                                               and commercial air, rail, bus, and vessel                  Æ Status on board (whether an                        Authority for BCI is provided by the
                                               passengers except for U.S. Citizens,                    individual is crew or non-crew).                      Enhanced Border Security and Visa
                                               LPRs, crew, and those in transit);                         • For passengers and crew departing                Entry Reform Act of 2002 (Pub. L. 107–
                                                  • Place of birth and address of                      the United States:                                    173, 116 Stat. 543 (2002)); the Aviation
                                               permanent residence (commercial flight                     Æ Final foreign airport/port of arrival.           and Transportation Security Act of 2001
                                               crew only);                                                Other information also stored in this              (Pub. L. 107–71, 115 Stat. 597); the
                                                  • Pilot certificate number and country               system of records includes:                           Intelligence Reform and Terrorism
                                               of issuance (flight crew only, if                          • Aircraft registration number                     Prevention Act of 2004 (Pub. L. 108–
                                               applicable);                                            provided by pilots of private aircraft;               458, 118 Stat. 3638 (2004)); the
                                                  • Passenger Name Record (PNR)                           • Type of aircraft;                                Immigration and Nationality Act, as
                                               locator number;                                            • Call sign (if available);                        amended, (8 U.S.C. 1185, 1354, 1365a
                                                  • Primary inspection lane;                              • CBP issued decal number (if                      and 1365b); and the Tariff Act of 1930,
                                                  • ID inspector;                                      available);                                           as amended, (19 U.S.C. 1322–1683g,
                                                  • Records containing the results of                     • Place of last departure (e.g., ICAO              including 19 U.S.C. 66, 1433, 1454,
                                               comparisons of individuals to                           airport code, when available);                        1485, 1624 and 2071).
pmangrum on DSK3GDR082PROD with NOTICES




                                               information maintained in CBP’s law                        • Date and time of aircraft arrival;
                                               enforcement databases as well as                           • Estimated time and location of                   PURPOSE(S):
                                               information from the Terrorist                          crossing U.S. border or coastline;                       DHS/CBP collects and maintains this
                                               Screening Database (TSDB);                                 • Name of intended airport of first                information to vet and inspect persons
                                                  • Information on individuals with                    landing, if applicable;                               arriving in or departing from the United
                                               outstanding wants or warrants; and                         • Owner or lessee name (first, last,               States; to determine identity,
                                                  • Information from other government                  and middle, if available, or business                 citizenship, and admissibility; and to
                                               agencies regarding high risk parties.                   entity name);                                         identify persons who: (1) may be (or are


                                          VerDate Sep<11>2014   15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                            89961

                                               suspected of being) a terrorist or having               oversight operations as authorized by                 individual enters the United States from
                                               affiliations to terrorist organizations; (2)            law, but only such information as is                  Canada.
                                               have active warrants for criminal                       necessary and relevant to such audit or                  J. To appropriate federal, state, local,
                                               activity; (3) are currently inadmissible                oversight function.                                   tribal, or foreign governmental agencies
                                               or have been previously removed from                       E. To appropriate agencies, entities,              or multilateral governmental
                                               the United States; or (4) have been                     and persons when:                                     organizations when DHS reasonably
                                               otherwise identified as potential                          1. DHS suspects or has confirmed that              believes there to be a threat (or potential
                                               security risks or raise a law enforcement               the security or confidentiality of                    threat) to national or international
                                               concern. For immigrant and non-                         information in the system of records has              security for which the information may
                                               immigrant aliens, the information is also               been compromised;                                     be relevant in countering the threat (or
                                               collected and maintained to ensure                         2. DHS has determined that as a result             potential threat).
                                               information related to a particular                     of the suspected or confirmed                            K. To a federal, state, tribal, or local
                                               border crossing is available for                        compromise, there is a risk of identity               agency, other appropriate entity or
                                               providing any applicable benefits                       theft or fraud, harm to economic or                   individual, or foreign governments, in
                                               related to immigration or other                         property interests, harm to an                        order to provide relevant information
                                               enforcement purposes. Lastly, DHS/CBP                   individual, or harm to the security or                related to intelligence,
                                               maintains information in BCI to retain a                integrity of this system or other systems             counterintelligence, or antiterrorism
                                               historical record of persons crossing the               or programs (whether maintained by                    activities authorized by U.S. law, E.O.,
                                               border to facilitate law enforcement,                   DHS or another agency or entity) that                 or other applicable national security
                                               counterterrorism, and benefits                          rely upon the compromised                             directive.
                                               processing.                                             information; and                                         L. To an organization or individual in
                                                  DHS/CBP maintains a replica of some                     3. The disclosure made to such                     either the public or private sector
                                               or all of the data in the operating system              agencies, entities, and persons is                    (foreign or domestic) when there is a
                                               on DHS unclassified and classified                      reasonably necessary to assist in                     reason to believe that the recipient is (or
                                               networks to allow for analysis and                      connection with DHS’s efforts to                      could become) the target of a particular
                                               vetting consistent with the above stated                respond to the suspected or confirmed                 terrorist activity or conspiracy, or when
                                               purposes and this published notice.                     compromise and prevent, minimize, or                  the information is relevant and
                                                                                                       remedy such harm.                                     necessary to the protection of life or
                                               ROUTINE USES OF RECORDS MAINTAINED IN THE                  F. To contractors and their agents,                property.
                                               SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                                                                       grantees, experts, consultants, and                      M. To appropriate federal, state, local,
                                               THE PURPOSES OF SUCH USES:
                                                                                                       others performing or working on a                     tribal, or foreign governmental agencies
                                                 In addition to those disclosures                      contract, service, grant, cooperative                 or multilateral governmental
                                               generally permitted under 5 U.S.C.                      agreement, or other assignment for DHS,               organizations for the purposes of
                                               552a(b) of the Privacy Act, all or a                    when necessary to accomplish an                       protecting the vital interests of the data
                                               portion of the records or information                   agency function related to this system of             subject or other persons, including to
                                               contained in this system may be                         records. Individuals provided                         assist such agencies or organizations in
                                               disclosed outside DHS as a routine use                  information under this routine use are                preventing exposure to or transmission
                                               pursuant to 5 U.S.C. 552a(b)(3) as                      subject to the same Privacy Act                       of a communicable or quarantinable
                                               follows:                                                requirements and limitations on
                                                 A. To the Department of Justice (DOJ),                                                                      disease, to combat other significant
                                                                                                       disclosure as are applicable to DHS                   public health threats, or to provide
                                               including Offices of the United States
                                                                                                       officers and employees.                               appropriate notice of any identified
                                               Attorneys, or other federal agency
                                                                                                          G. To an appropriate federal, state,               health threat or risk.
                                               conducting litigation or in proceedings
                                                                                                       tribal, local, international, or foreign law             N. To a court, magistrate, or
                                               before any court, adjudicative, or
                                                                                                       enforcement agency or other appropriate               administrative tribunal in the course of
                                               administrative body, when it is relevant
                                                                                                       authority charged with investigating or               presenting evidence, including
                                               or necessary to the litigation and one of
                                                                                                       prosecuting a violation or enforcing or               disclosures to opposing counsel or
                                               the following is a party to the litigation
                                                                                                       implementing a law, rule, regulation, or              witnesses in the course of civil
                                               or has an interest in such litigation:
                                                 1. DHS or any Component thereof;                      order, when a record, either on its face              discovery, litigation, or settlement
                                                 2. Any employee or former employee                    or in conjunction with other                          negotiations, or in connection with
                                               of DHS in his/her official capacity;                    information, indicates a violation or                 criminal law proceedings.
                                                 3. Any employee or former employee                    potential violation of law, which                        O. To third parties during the course
                                               of DHS in his/her individual capacity                   includes criminal, civil, or regulatory               of a law enforcement investigation to
                                               when DOJ or DHS has agreed to                           violations and such disclosure is proper              the extent necessary to obtain
                                               represent the employee; or                              and consistent with the official duties of            information pertinent to the
                                                 4. The United States or any agency                    the person making the disclosure.                     investigation.
                                               thereof.                                                   H. To appropriate federal, state, tribal,             P. To appropriate federal, state, local,
                                                 B. To a congressional office from the                 local, or foreign governmental agencies               tribal, or foreign governmental agencies
                                               record of an individual in response to                  or multilateral governmental                          or multilateral governmental
                                               an inquiry from that congressional office               organizations responsible for                         organizations when DHS is aware of a
                                               made at the request of the individual to                investigating or prosecuting the                      need to use relevant data for purposes
                                               whom the record pertains.                               violations of, or for enforcing or                    of testing new technology.
pmangrum on DSK3GDR082PROD with NOTICES




                                                 C. To the National Archives and                       implementing, a statute, rule,                           Q. To an appropriate federal, state,
                                               Records Administration (NARA) or                        regulation, order, or license, when DHS               local, tribal, foreign, or international
                                               General Services Administration                         believes the information would assist                 agency, if the information is relevant
                                               pursuant to records management                          enforcement of applicable civil or                    and necessary to a requesting agency’s
                                               inspections being conducted under the                   criminal laws.                                        decision concerning the hiring or
                                               authority of 44 U.S.C. 2904 and 2906.                      I. To the CBSA for law enforcement                 retention of an individual, or issuance
                                                 D. To an agency or organization for                   and immigration purposes, as well as to               of a security clearance, license, contract,
                                               the purpose of performing audit or                      facilitate cross-border travel when an                grant, or other benefit, or if the


                                          VerDate Sep<11>2014   15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                               89962                       Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               information is relevant and necessary to                 information in BCI that is related to a               whose contact information can be found
                                               a DHS decision concerning the hiring or                  particular border crossing is maintained              at http://www.dhs.gov/foia under
                                               retention of an employee, the issuance                   for 15 years from the date when the                   ‘‘Contacts.’’ If an individual believes
                                               of a security clearance, the reporting of                traveler entered, was admitted to or                  more than one Component maintains
                                               an investigation of an employee, the                     paroled into, or departed the United                  Privacy Act records that concern him or
                                               letting of a contract, or the issuance of                States, at which time it is deleted from              her, the individual may submit the
                                               a license, grant or other benefit and                    BCI. For non-immigrant aliens, the                    request to the Chief Privacy Officer and
                                               when disclosure is appropriate to the                    information will be maintained for 75                 Chief FOIA Officer, Department of
                                               proper performance of the official duties                years from the date of admission or                   Homeland Security, 245 Murray Lane
                                               of the person making the request.                        parole into or departure from the United              SW., Building 410, STOP–0655,
                                                  R. To the news media and the public,                  States in order to ensure that the                    Washington, DC 20528.
                                               with the approval of the Chief Privacy                   information related to a particular                      When seeking records about yourself
                                               Officer in consultation with counsel,                    border crossing is available for                      from this system of records or any other
                                               when there exists a legitimate public                    providing any applicable benefits                     Departmental system of records, your
                                               interest in the disclosure of the                        related to immigration or for other law               request must conform with the Privacy
                                               information, when disclosure is                          enforcement purposes.                                 Act regulations set forth in 6 CFR part
                                               necessary to preserve confidence in the                     Information related to border                      5. You must first verify your identity,
                                               integrity of DHS, or is necessary to                     crossings prior to a change in status will            meaning that you must provide your full
                                               demonstrate the accountability of DHS’s                  follow the 75 year retention period for               name, current address, and date and
                                               officers, employees, or individuals                      non-immigrant aliens who become U.S.                  place of birth. You must sign your
                                               covered by the system, except to the                     citizens or LPRs following a border                   request and your signature must either
                                               extent it is determined that release of                  crossing that leads to the creation of a              be notarized or submitted under 28
                                               the specific information in the context                  record in BCI. All information regarding              U.S.C. 1746, a law that permits
                                               of a particular case would constitute an                 border crossing by such persons                       statements to be made under penalty of
                                               unwarranted invasion of personal                         following their change in status will                 perjury as a substitute for notarization.
                                               privacy.                                                 follow the 15 year retention period                   Although no specific form is required,
                                                                                                        applicable to U.S. citizens and LPRs.                 you may obtain forms for this purpose
                                               DISCLOSURE TO CONSUMER REPORTING
                                               AGENCIES:
                                                                                                        For all travelers, however, BCI records               from the Chief Privacy Officer and Chief
                                                                                                        linked to active law enforcement                      FOIA Officer, http://www.dhs.gov/foia
                                                  None.
                                                                                                        lookout records, DHS/CBP matches to                   or 1–866–431–0486. In addition, you
                                               POLICIES AND PRACTICES FOR STORING,                      enforcement activities, or investigations             should:
                                               RETRIEVING, ACCESSING, RETAINING, AND                    or cases remain accessible for the life of               • Explain why you believe the
                                               DISPOSING OF RECORDS IN THE SYSTEM:                      the primary records of the law                        Department would have information on
                                               STORAGE:                                                 enforcement activities to which the BCI               you;
                                                 DHS/CBP stores records in this                         records may relate, to the extent                        • Identify which Component(s) of the
                                               system electronically in the operational                 retention for such purposes exceeds the               Department you believe may have the
                                               IT system, including on DHS                              normal retention period for such data in              information about you;
                                               unclassified and classified networks, or                 BCI.                                                     • Specify when you believe the
                                               on paper in secure facilities in a locked                   Records replicated on the unclassified             records would have been created; and
                                               drawer behind a locked door. The                         and classified networks for analysis and                 • Provide any other information that
                                               records may be stored on magnetic disc,                  vetting will follow the same retention                will help the FOIA staff determine
                                               tape, digital media, and CD–ROM.                         schedule.                                             which DHS Component agency may
                                                                                                                                                              have responsive records.
                                                                                                        SYSTEM MANAGER AND ADDRESS:
                                               RETRIEVABILITY:                                                                                                   If your request is seeking records
                                                 DHS/CBP retrieves records by name                        Director, Traveler Entry Programs,                  pertaining to another living individual,
                                               or other personal identifiers listed in the              U.S. Customs and Border Protection                    you must include a statement from that
                                               categories of records, above.                            Headquarters, 1300 Pennsylvania                       individual certifying his/her agreement
                                                                                                        Avenue, NW., Washington, DC 20229.                    for you to access his/her records.
                                               SAFEGUARDS:
                                                                                                        NOTIFICATION PROCEDURE:                                  Without the above information, CBP
                                                  DHS/CBP safeguards records in this                                                                          may not be able to conduct an effective
                                               system in accordance with applicable                        DHS/CBP allows persons (including
                                                                                                        foreign nationals) to seek administrative             search, and your request may be denied
                                               rules and policies, including all                                                                              due to lack of specificity or lack of
                                               applicable DHS automated systems                         access under the Privacy Act to
                                                                                                        information maintained in BCI.                        compliance with applicable regulations.
                                               security and access policies. Strict                                                                              In processing requests for access to
                                               controls are imposed to minimize the                     However, the Secretary of DHS
                                                                                                        exempted portions of this system from                 information in this system, CBP will
                                               risk of compromising the information                                                                           review the records in the operational
                                               that is being stored. DHS/CBP limits                     the notification, access, and amendment
                                                                                                        procedures of the Privacy Act because it              system and coordinate with DHS to
                                               access to BCI to those individuals who                                                                         address access to records on the DHS
                                               have a need to know the information for                  is a law enforcement system.
                                                                                                        Nonetheless, DHS/CBP will consider                    unclassified and classified networks.
                                               the performance of their official duties
                                               and who also have appropriate                            individual requests to determine                      RECORD ACCESS PROCEDURES:
pmangrum on DSK3GDR082PROD with NOTICES




                                               clearances or permissions.                               whether or not information may be                       See ‘‘Notification procedure’’ above.
                                                                                                        released. Thus, individuals seeking
                                               RETENTION AND DISPOSAL:                                  notification of and access to any record              CONTESTING RECORD PROCEDURES:
                                                 DHS/CBP is working with NARA to                        contained in this system of records, or                 See ‘‘Notification procedure’’ above.
                                               develop the appropriate retention                        seeking to contest its content, may
                                               schedule based on the information                        submit a request in writing to the DHS                RECORD SOURCE CATEGORIES:
                                               below. For persons DHS/CBP                               Chief Freedom of Information Act                        DHS/CBP collects information from
                                               determines to be U.S. citizens and LPRs,                 (FOIA) Officer or CBP FOIA Officer,                   individuals who arrive in, depart from,


                                          VerDate Sep<11>2014    15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1


                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                           89963

                                               or transit through the United States.                   DEPARTMENT OF HOMELAND                                appropriate automated, electronic,
                                               This system also collects information                   SECURITY                                              mechanical, or other technological
                                               from carriers that operate vessels,                                                                           collection techniques or other forms of
                                               vehicles (including buses), aircraft, or                Transportation Security Administration                information technology.
                                               trains that enter or exit the United                                                                          Information Collection Requirement
                                                                                                       Intent To Request Approval From OMB
                                               States, including private aircraft
                                                                                                       of One New Public Collection of                       Purpose
                                               operators. Lastly, BCI receives border
                                                                                                       Information: TSA Canine Training
                                               crossing information from CBSA.                         Center Adoption Application                              The TSA Canine Program is a
                                                                                                                                                             Congressionally-mandated program that
                                               EXEMPTIONS CLAIMED FOR THE SYSTEM:                      AGENCY:  Transportation Security                      operates pursuant to section 110(e)(3) of
                                                                                                       Administration, DHS.                                  the Aviation and Transportation
                                                  No exemption shall be asserted with
                                               respect to information maintained in the                ACTION: 60-Day notice.                                Security Act (ATSA), Public Law 107–
                                               system that is collected from a person at                                                                     71 (115 Stat. 597, Nov. 19, 2001); the
                                                                                                       SUMMARY:   The Transportation Security                Homeland Security Act of 2002, Public
                                               the time of crossing and submitted by                   Administration (TSA) invites public                   Law 107–296 (116 Stat. 2135, Nov. 25,
                                               that person’s air, sea, bus, or rail carriers           comment on a new Information                          2002); and the Implementing
                                               if that person, or his or her agent, seeks              Collection Request (ICR) abstracted                   Recommendations of the 9/11
                                               access or amendment of such                             below that we will submit to the Office               Commission Act of 2007, Public Law
                                               information.                                            of Management and Budget (OMB) for                    110–53 (121 Stat. 266, Aug. 3, 2007).
                                                  The Privacy Act, however, requires                   approval in compliance with the                       The program is a partnership between
                                               DHS to maintain an accounting of the                    Paperwork Reduction Act (PRA). The                    TSA; aviation, mass transit, and
                                               disclosures made pursuant to all                        ICR describes the nature of the                       maritime sectors; and State and local
                                               routines uses. Disclosing the fact that a               information collection and its expected               law enforcement.
                                               law enforcement or intelligence agency                  burden. The collection involves                          The TSA Canine Program developed
                                                                                                       gathering information from individuals                the TSA CTC to train and deploy
                                               has sought particular records may affect
                                                                                                       who wish to adopt a TSA canine                        explosive detection canine teams to
                                               ongoing law enforcement activities. The
                                                                                                       through the TSA Canine Training Center                local, State, and Federal agencies in
                                               Secretary of DHS, pursuant to 5 U.S.C.                  (CTC) Adoption Program.
                                               552a(j)(2), exempted this system from                                                                         support of daily activities that protect
                                                                                                       DATES: Send your comments by                          the transportation domain. Canine
                                               the following provisions of the Privacy
                                                                                                       February 13, 2017.                                    teams consist of transportation security
                                               Act: Sections (c)(3), (e)(8), and (g) of the
                                                                                                       ADDRESSES: Comments may be emailed                    inspectors, or local/state law
                                               Privacy Act of 1974, as amended, as is
                                                                                                       to TSAPRA@tsa.dhs.gov or delivered to                 enforcement officers, paired with
                                               necessary and appropriate to protect
                                                                                                       the TSA PRA Officer, Office of                        explosives detection canines. These
                                               this information. Further, DHS has
                                                                                                       Information Technology (OIT), TSA–11,                 canines are trained on a variety of
                                               exempted sec. (c)(3) of the Privacy Act                 Transportation Security Administration,               explosives based on intelligence data
                                               of 1974, as amended, pursuant to 5                      601 South 12th Street, Arlington, VA                  and emerging threats. Canine teams are
                                               U.S.C. 552a(k)(2) as is necessary and                   20598–6011.                                           deployed after successfully undergoing
                                               appropriate to protect this information.                                                                      a 10- or 12-week training program.
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                  Additionally, this system contains                   Christina A. Walsh at the above address,              Approximately 83 percent of canines
                                               records or information recompiled from                  or by telephone (571) 227–2062.                       graduate from the training program.
                                               or created from information contained                   SUPPLEMENTARY INFORMATION:                            These canines are continually assessed
                                               in other systems of records that are                                                                          to ensure they demonstrate operational
                                               exempt from certain provision of the                    Comments Invited                                      proficiency in their environment.
                                               Privacy Act. This system also contains                     In accordance with the Paperwork                      Currently, the canine attrition rate is
                                               accountings of disclosures made with                    Reduction Act of 1995 (44 U.S.C. 3501                 between 15–18 percent. This arises from
                                               respect to information maintained in the                et seq.), an agency may not conduct or                canines who do not graduate from the
                                               system. For these records or information                sponsor, and a person is not required to              training program and those who
                                               only, in accordance with 5 U.S.C.                       respond to, a collection of information               successfully graduate but are later
                                               552a(j)(2) and (k)(2), DHS will also                    unless it displays a valid OMB control                assessed as not performing at
                                                                                                       number. The ICR documentation is                      operational proficiency. TSA CTC
                                               claim the original exemptions for these
                                                                                                       available at http://www.reginfo.gov.                  typically repurposes 42 percent of the
                                               records or information from subsecs.
                                                                                                       Therefore, in preparation for OMB                     canines eliminated from the program to
                                               (c)(3) and (4); (d)(1), (2), (3), and (4);
                                                                                                       review and approval of the following                  other Federal, State and local law
                                               (e)(1), (2), (3), (4)(G) through (I), (5), and                                                                enforcement agencies; however, the
                                                                                                       information collection, TSA is soliciting
                                               (8); (f); and (g) of the Privacy Act of                                                                       remainder may be placed for adoption.
                                                                                                       comments to—
                                               1974, as amended, as necessary and                         (1) Evaluate whether the proposed                  TSA has created the TSA CTC Adoption
                                               appropriate to protect such information.                information requirement is necessary for              Program to find suitable individuals or
                                                 Dated: December 8, 2016.                              the proper performance of the functions               families to adopt the canines and to
                                               Jonathan R. Cantor,                                     of the agency, including whether the                  provide good homes. Individuals
                                               Acting Chief Privacy Officer, Department of             information will have practical utility;              seeking to adopt a TSA canine must
pmangrum on DSK3GDR082PROD with NOTICES




                                               Homeland Security.                                         (2) Evaluate the accuracy of the                   complete the TSA CTC Adoption
                                                                                                       agency’s estimate of the burden;                      Application.
                                               [FR Doc. 2016–29898 Filed 12–12–16; 8:45 am]
                                                                                                          (3) Enhance the quality, utility, and
                                               BILLING CODE 9111–14–P                                  clarity of the information to be                      Description of Data Collection
                                                                                                       collected; and                                           The TSA CTC Adoption Application
                                                                                                          (4) Minimize the burden of the                     is an online application that collects
                                                                                                       collection of information on those who                personal information from the public to
                                                                                                       are to respond, including using                       determine their suitability to adopt a


                                          VerDate Sep<11>2014   15:08 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\13DEN1.SGM   13DEN1



Document Created: 2016-12-13 02:44:18
Document Modified: 2016-12-13 02:44:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Privacy Act System of Records.
DatesSubmit comments on or before January 12, 2017. This updated system will be effective January 12, 2017.
ContactFor general questions, please contact: Debra L. Danisek (202) 344-1610, CBP Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. For privacy questions, please contact: Jonathan R. Cantor, (202) 343-1717, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation81 FR 89957 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR