[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Proposed Rules]
[Page 54256-54258]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-24]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
49 CFR Part 1507
[Docket No. TSA-2004-18984, Amendment 1507-1]
RIN 1652-AA36
Privacy Act of 1974: Implementation of Exemptions; Registered
Traveler Operations Files
AGENCY: Transportation Security Administration (TSA), DHS.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: TSA proposes to exempt the Registered Traveler Operations
Files (DHS/TSA 015) from several provisions of the Privacy Act. Public
comment is invited.
DATES: Submit comments by October 8, 2004.
ADDRESSES: You must identify the TSA docket number when you submit
comments to this rulemaking, using any one of the following methods:
Comments Filed Electronically: You may submit comments through the
docket Web site at http://dms.dot.gov. Please be aware that anyone is
able to search the electronic form of all comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the applicable Privacy Act
Statement published in the Federal Register on April 11, 2000 (65 FR
19477), or you may visit http://dms.dot.gov.
You also may submit comments through the Federal eRulemaking portal
at http://www.regulations.gov.
Comments Submitted by Mail, Fax, or In Person: Address or deliver
your written, signed comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001; Fax: 202-493-2251.
Reviewing Comments in the Docket: You may review the public docket
containing comments in person in the Dockets Office between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Dockets
Office is located on the plaza level of the NASSIF Building at the
Department of Transportation address above. Also, you may review public
dockets on the Internet at http://dms.dot.gov.
[[Page 54257]]
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Conrad Huygen, Privacy Act Officer,
TSA Office of Information Management Programs, TSA-17, West Tower, 11th
Floor, 601 S. 12th Street, Arlington, VA 22202-4220; telephone (571)
227-1954; facsimile (571) 227-2912.
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. We also invite comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. See
ADDRESSES above for information on where to submit comments.
With each comment, please include your name and address, identify
the docket number at the beginning of your comments, and give the
reason for each comment. The most helpful comments reference a specific
portion of the proposal, explain the reason for any recommended change,
and include supporting data. You may submit comments and material
electronically, in person, or by mail as provided under ADDRESSES, but
please submit your comments and material by only one means. If you
submit comments by mail or delivery, submit them in two copies, in an
unbound format, no larger than 8.5 by 11 inches, suitable for copying
and electronic filing.
If you want TSA to acknowledge receipt of your comments on this
rulemaking, include with your comments a self-addressed, stamped
postcard on which the docket number appears. We will stamp the date on
the postcard and mail it to you.
Except for comments containing confidential information and SSI, we
will file in the public docket all comments we receive, as well as a
report summarizing each substantive public contact with TSA personnel
concerning this rulemaking. The docket is available for public
inspection before and after the comment closing date.
We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late to the extent
practicable. We may change this rulemaking in light of the comments we
receive.
Availability of Rulemaking Document
You may obtain an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search);
(2) Accessing the Government Printing Office's Web page at http://
www.access.gpo.gov/su--docs/aces/aces140.html; or
(3) Visiting the TSA's Law and Policy Web page at http://
www.tsa.dot.gov/public/index.jsp.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.
Background
TSA plans to conduct a pilot program at a limited number of
airports to test and evaluate the merits of a registered traveler
program (RT), in which travelers may volunteer to undergo a limited
security threat assessment in order to expedite the pre-boarding
process. In the RT pilot, TSA would positively identify volunteer
travelers using advanced identification technology and then conduct a
security threat assessment to ensure that the volunteer does not pose a
security threat. TSA believes that this process has the potential to
enhance the allocation of its limited security resources on individuals
who are more likely to pose a security threat. However, it is important
to note that all travelers who volunteer and are deemed eligible for
the RT pilot program will be required to undergo physical screening at
the screening checkpoint in the selected pilot locations.
Summary of Proposed Rule
In conjunction with the establishment of a new system of records to
facilitate the RT Pilot Program, Registered Traveler Operations Files
(DHS/TSA 015), TSA proposes to exempt portions of the system from 5
U.S.C. 552a(c)(3) (accounting of disclosures), (d) (access to records),
(e)(1) (relevancy of necessary information), (e)(4)(G), (H) and (I)
(agency requirements), and (f) (agency rules) pursuant to exemptions
(k)(1) and (k)(2) of the Act. These exemptions are being claimed in
accordance with the Privacy Act so that the security aspects of the
system may properly function and to prevent the unauthorized disclosure
of classified and law enforcement information.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that TSA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no current or new information collection requirements associated
with this proposed rule.
Analysis of Regulatory Impacts
This proposal is not a ``significant regulatory action'' within the
meaning of Executive Order 12886. Because the economic impact should be
minimal, further regulatory evaluation is not necessary. Moreover, I
certify that this proposal would not have a significant economic impact
on a substantial number of small entities, because the reporting
requirements themselves are not changed and because it applies only to
information on individuals.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub.
L. 104-4, 109 Stat. 48), requires Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments, and the private sector. UMRA requires a written statement
of economic and regulatory alternatives for proposed and final rules
that contain Federal mandates. A ``Federal mandate'' is a new or
additional enforceable duty, imposed on any State, local, or tribal
government, or the private sector. If any Federal mandate causes those
entities to spend, in aggregate, $100 million or more in any one year
the UMRA analysis is required. This proposal would not impose Federal
mandates on any State, local, or tribal government or the private
sector.
Executive Order 13132, Federalism
TSA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore would not have federalism implications.
Environmental Analysis
TSA has reviewed this action for purposes of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4347) and has
determined that this action will not have a significant effect on the
human environment.
Energy Impact
The energy impact of this document has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Public Law 94-163,
as amended (42 U.S.C. 6362). We have determined that this rulemaking is
not a major
[[Page 54258]]
regulatory action under the provisions of the EPCA.
List of Subjects in 49 CFR Part 1507
Privacy, Transportation Security.
The Proposed Amendment
In consideration of the foregoing, the Transportation Security
Administration proposes to amend Part 1507 of Chapter XII, Title 49 of
the Code of Federal Regulations, as follows:
PART 1507 PRIVACY ACT--EXEMPTIONS
1. The authority cited for part 1507 is revised to read as follows:
Authority: 49 U.S.C. 114(l)(1), 40113, 5 U.S.C. 552a(j) and (k).
2. Section 1507.3 is revised by adding a new paragraph (i) to read
as follows:
Sec. 1507.3 Exemptions.
* * * * *
(i) Registered Traveler Operations Files (DHS/TSA 015)
The purpose of this system is to pre-screen and positively identify
volunteer travelers using advanced identification technologies and
conduct security threat assessment to ensure that the volunteer does
not pose a security threat. This system may expedite the pre-boarding
process for the traveler and improve the allocation of TSA's security
resources on individuals who may pose a security threat. Pursuant to
exemptions (k)(1) and (k)(2) of the Privacy Act, DHS/TSA 015 is exempt
from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
Exemptions from the particular subsections are justified for the
following reasons:
(1) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of
heightened security concerns relating to an actual or potential
criminal, civil, or regulatory violation to the existence of an
investigative interest on the part of the Transportation Security
Administration as well as the recipient agency. Disclosure of the
accounting would therefore present a serious impediment to
transportation security law enforcement efforts and efforts to preserve
national security. Disclosure of the accounting would also permit the
individual who is the subject of a record to impede the program
suitability determination, which undermines the entire system.
(2) From subsection (d) (Access to Records) because access to some
of the records contained in this system of records could permit the
individual who is the subject of a record to impede the program
suitability determination. Amendment of the records would interfere
with ongoing security assessment investigations and program suitability
determinations and impose an impossible administrative burden by
requiring such investigations to be continuously reinvestigated. The
information contained in the system may also include classified
information, the release of which would pose a threat to national
defense and/or foreign policy. In addition, permitting access and
amendment to such information also could disclose security-sensitive
information that could be detrimental to transportation security.
(3) From subsection (e)(1) (Relevancy and Necessity of Information)
because in the course of screening applicants for program suitability,
TSA must be able to review information from a variety of sources. What
information is relevant and necessary may not always be apparent until
after the evaluation is completed. In the interests of transportation
security, it is appropriate to include a broad range of information
that may aid in determining an applicant's suitability for the RT
program.
(4) From subsections (e)(4)(G), (H) and (I) (Agency Requirements),
and (f) (Agency Rules), because this system is exempt from the access
and amendment provisions of subsection (d).
Issued in Arlington, Virginia, on August 30, 2004.
Susan T. Tracey,
Chief Administrative Officer.
[FR Doc. 04-20252 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-62-P