[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Notices]
[Pages 68435-68439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27205]



[[Page 68435]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0178]


Privacy Act of 1974; Customs and Border Protection Advanced 
Passenger Information System Systems of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security (DHS), U.S. Customs and Border Protection (CBP) gives 
notice that it is expanding its system of records for collecting 
certain biographical information on all passengers and crew members who 
arrive in or depart from, or transit through (and crew that over fly) 
the United States on a covered air or vessel carrier, and, in the case 
of crew members, those who continue domestically on a foreign air or 
vessel carrier, to additionally encompass private aircraft, rail, and 
bus travel. The system of records is the Advance Passenger Information 
System.

DATES: The system of records will be effective December 18, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0178 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and 
Procedures Branch, U.S. Customs and Border Protection, Office of 
International Trade, Regulations & Rulings, Mint Annex, 1300 
Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues 
contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Aviation and Transportation Security Act of 2001 and the 
Enhanced Border Security and Visa Entry Reform Act of 2002 provides 
specific authority for the mandatory collection of certain information 
on all passenger and crewmembers that arrive in or depart from the 
United States via private aircraft, commercial air or vessel carrier. 
Pursuant to existing regulations the information is required to be 
collected and submitted to CBP as APIS data. Additionally, rail and bus 
carriers may provide, voluntarily, similar information pertaining to 
their passengers and crew, who arrive in or depart from the United 
States. References to the types of information required to be submitted 
in the air or vessel environment also pertain to the types of 
information that may be voluntarily provided in the rail and bus 
environments.
    The information that is required to be collected and submitted to 
APIS, as well as information which may be provided voluntarily by bus 
and rail carriers, can be found on routine arrival/departure documents 
that passengers and crewmembers must provide to CBP, when entering or 
departing the United States. APIS includes complete name, 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, vessel, or train, travel 
document type, United States destination address (for all private 
aircraft passengers and crew, and commercial air, rail, and vessel 
passengers except for U.S. Citizens, lawful permanent residents, 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) and the Passenger 
Name Record (PNR) locator number. The PNR locator number allows CBP to 
access PNR consistent with its regulatory authority under 19 CFR 
122.49d and the system of records notice for the Automated Targeting 
System, DHS/CBP-006, published August 6, 2007, 72 FR 43650.
    Additionally, commercial air and vessel carriers must provide the 
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 commercial 
aviation passengers and crew members destined for the United States, 
the location where the passenger and crew members will undergo customs 
and immigration clearance by CBP; and for commercial passengers and 
crew members that are transiting through (and crew on flights over 
flying) the United States and not clearing CBP, the foreign airport/
port of ultimate destination, and status on board (whether an 
individual is crew or non-crew); and for commercial passengers and crew 
departing the United States, the final foreign airport/port of arrival. 
Lastly, pilots of private aircraft must provide the aircraft 
registration number, type of aircraft, call sign (if available), CBP 
issued decal number (if available), place of last departure (ICAO 
airport code, when available), date and time of aircraft arrival (or 
departure, for departure notice), estimated time and location of 
crossing U.S. border/coastline, name of intended airport of first 
landing,\2\ owner/lessee name (first, last and middle, if available, or 
business entity name), owner/lessee address (number and street, city, 
state, zip code, country, telephone number, fax number and email 
address, pilot/private aircraft pilot name (last, first and middle, if 
available), pilot license number, pilot 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), and 
24-hour Emergency point of contact (e.g., broker, dispatcher, repair 
shop or other third party who is knowledgeable about this particular 
flight, etc.) name (first, last, and middle (if available) and 
telephone number (as applicable).
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    \2\ As listed in 19 CFR 122.24, if applicable, unless an 
exemption has been granted under 19 CFR 122.25, or the aircraft was 
inspected by CBP Officers in the U.S. Virgin Islands.
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    CBP will collect the passengers' and crewmembers' information that 
is supplied by the pilot and/or air, vessel, bus, or rail carrier in 
advance of a passenger's and crewmember's arrival in or departure from 
(and, for crew on flights over flying) the United States and

[[Page 68436]]

maintains this information in the Advance Passenger Information System. 
The information will be used to perform counterterrorism and/or 
intelligence, law enforcement, and public security queries to identify 
risks to the aircraft or vessel, to its occupants, or to the United 
States and to expedite CBP processing.
    Under a previous revision to the APIS rule (72 FR 48342 (Aug. 23, 
2007)), CBP mandated pre-departure transmission by air and vessel 
carriers of personally identifiable information about passengers and 
crewmembers (including ``non-crew'' as defined in the 2005 APIS Final 
Rule) traveling by air or sea, and arriving in, or departing from (and, 
in the case of crew, flights overflying), the United States. See also 
(70 FR 17852 (Apr. 7, 2005). Under the most recent Final Rule revision 
to APIS, CBP amended its regulations to extend this requirement to 
private aircraft passengers and crew as well. This information is often 
collected and maintained on what is referred to as the manifest. The 
information that is required to be collected and submitted to APIS, or 
which may be provided voluntarily by carriers in the rail and bus 
environments, can be found on routine travel documents that passengers 
and crewmembers must provide when processed into or out of the United 
States.
    The purpose of the information collection is to screen passengers 
and crew members arriving from foreign travel points and departing the 
United States to identify those persons who may pose a risk to border, 
aviation or public security, may be a terrorist or suspected terrorist 
or affiliated with or suspected of being affiliated with terrorists, 
may be inadmissible, may be a person of interest, or may otherwise be 
engaged in activity in violation of U.S. law, or the subject of wants 
or warrants. The system allows CBP to facilitate effectively and 
efficiently the entry and departure of legitimate travelers into and 
from the United States. Using APIS, DHS officers can quickly reference 
the results of the advanced research that has been conducted through 
CBP's law enforcement databases, including information from the TSDB 
and information on individuals with outstanding wants or warrants, 
confirm the accuracy of that information by comparison with information 
obtained from the traveler (passenger and crew) and from the carriers, 
and make immediate determinations as to a traveler's security risk, 
admissibility and other determinations bearing on CBP's inspectional 
and screening processes.
    Information collected in APIS is maintained for a period of no more 
than twelve months from the date of collection at which time the data 
is erased from APIS. Following CBP processing, a copy of certain 
information is transferred to the Border Crossing Information System, a 
subsystem of the Information Technology platform, TECS. During physical 
processing at the border, primary inspection lane and ID inspector are 
added to APIS and the APIS information is verified. This information 
derived from APIS includes (or in the case of rail/bus, may include): 
Complete name, date of birth, gender, date of arrival, date of 
departure, time arrived, means of arrival (air/sea/rail/bus), travel 
document, departure location, airline code, flight number, and the 
result of the CBP processing. Additionally, for individuals subject to 
US-VISIT requirements, a copy of certain APIS data is transferred to 
the Arrival and Departure Information System (ADIS) for effective and 
efficient tracking of foreign nationals, including the identification 
of lawfully admitted non-immigrants who remain in the United States 
beyond the period of authorized stay. US-VISIT currently applies to all 
visitors (with limited exemptions). The SORN for ADIS was last 
published on August 22, 2007 (72 FR 47057). The information transferred 
from APIS to ADIS includes: Complete name, date of birth, gender, 
citizenship, country of residence, status on board the vessel, U.S. 
destination address, passport number, expiration date of passport, 
country of issuance (for non-immigrants authorized to work), alien 
registration number, port of entry, entry date, port of departure, and 
departure date.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses and disseminates personally identifiable 
information. 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 the 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 United States 
citizens and lawful permanent residents. APIS involves the collection 
of information that will be maintained in a system of records. As a 
matter of policy, DHS extends administrative Privacy Act protections to 
all individuals where systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DHS by complying with 
DHS Privacy Act regulations, 6 CFR Part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system to make agency recordkeeping practices 
transparent, to notify individuals regarding the uses to which 
personally identifiable information is put, and to assist the 
individual to more easily find such files within the agency. Below is 
the description of system of records referred to as the Advanced 
Passenger Information System.
    In accordance with 5 U.S.C. 552a(r), a report concerning this 
record system has been sent to the Office of Management and Budget and 
to the Congress.

System of Records:
    DHS/CBP-005.

System Name:
    Advanced Passenger Information System (APIS).

Security Classification:
    Unclassified.

System Location:
    This computer database is located at U.S. Customs and Border 
Protection (CBP) National Data Center in Washington, DC. Computer 
terminals are located at customhouses, border ports of entry, airport 
inspection facilities under the jurisdiction of the Department of 
Homeland Security (DHS) and other locations at which DHS authorized 
personnel may be posted to facilitate DHS's mission. Terminals may also 
be located at appropriate facilities for other participating government 
agencies.

Categories of individuals covered by the system:
    Categories of individuals covered by this notice consist of:
    A. Passengers who arrive and depart the United States by air, sea, 
rail, and bus, including those in transit through the United States or 
beginning or concluding a portion of their international travel by 
flying domestically within the United States,
    B. Crew members who arrive and depart the United States by air, 
sea, rail, and bus, including those in transit

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through the United States or beginning or concluding a portion of their 
international travel by flying domestically within the United States, 
and
    C. Crew members on aircraft that over fly the United States.

Categories of records in the system:
    The records in the database are comprised of the following 
information: complete name, 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, United States destination 
address (for all private aircraft passengers and crew, and commercial 
air, rail, bus, and vessel passengers except for U.S. Citizens, lawful 
permanent residents, 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), the PNR locator number, primary inspection lane, ID 
inspector, and records containing the results of comparisons of 
individuals to information maintained in CBP's law enforcement 
databases, as well as information from the TSDB, information on 
individuals with outstanding wants or warrants, and information from 
other government agencies regarding high risk parties.
    In addition, air and sea carriers or operators, covered by the APIS 
rules, and rail and bus carriers, to the extent voluntarily applicable, 
transmit or provide, respectively, to CBP the following information: 
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, the location where the 
passengers and crew members will undergo customs and immigration 
clearance by CBP; and for passengers and crew members that are 
transiting through (and crew on flights over flying) the United States 
and not clearing CBP, the foreign airport/port of ultimate destination; 
and for passengers and crew departing the United States, the final 
foreign airport/port of arrival.
    Lastly, pilots of private aircraft must provide the aircraft 
registration number, type of aircraft, call sign (if available), CBP 
issued decal number (if available), place of last departure (ICAO 
airport code, when available), date and time of aircraft arrival, 
estimated time and location of crossing U.S. border/coastline, name of 
intended airport of first landing,\2\ owner/lessee name (first, last 
and middle, if available, or business entity name), owner/lessee 
address (number and street, city, state, zip code, country, telephone 
number, fax number and email address, pilot/private aircraft pilot name 
(last, first and middle, if available), pilot license number, pilot 
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), and 24-hour Emergency point of contact (e.g., 
broker, dispatcher, repair shop or other third party who is 
knowledgeable about this particular flight, etc.) name (first, last, 
and middle (if available) and telephone number. Incident to the 
transmission of required information via eAPIS, records will also 
incorporate the pilot's email address.
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    \2\ As listed in 19 CFR 122.24, if applicable, unless an 
exemption has been granted under 19 CFR 122.25, or the aircraft was 
inspected by CBP Officers in the U.S. Virgin Islands.
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Authority for maintenance of the system:
    The Aviation and Transportation Security Act of 2001, the Enhanced 
Border Security and Visa Reform Act of 2002, and the Intelligence 
Reform and Terrorism Prevention Act of 2004, also the Tariff Act of 
1930, as amended, including 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448, 
1459, 1590, 1594, 1623, 1624, 1644, and 1644a.

Purpose(s):
    The purpose of the collection is to screen passengers and crew 
arriving in, transiting through and departing from (and in the case of 
crew, overflying) the United States to identify those passengers and 
crew who may pose a risk to border, aviation, vessel, rail, bus, or 
public security, may be a terrorist or suspected terrorist or 
affiliated with or suspected of being affiliated with terrorists, may 
be inadmissible, may be a person of interest, or may otherwise be 
engaged in activity in violation of U.S. law, or the subject of wants 
or warrants.
    APIS allows CBP to facilitate more effectively and efficiently the 
entry of legitimate travelers into the United States and the departure 
of legitimate travelers from the United States. As travelers prepare to 
depart for or from the United States, DHS officers, using APIS, can 
quickly cross-reference the results of the advanced research that has 
been conducted through CBP's law enforcement databases, as well as 
using information from the TSDB, information on individuals with 
outstanding wants or warrants, and information from other government 
agencies regarding high risk parties, confirm the accuracy of that 
information by comparison of it with information obtained from the 
traveler and from the carriers, and make immediate determinations with 
regard to the traveler's security risk, admissibility and other 
determinations bearing on CBP's inspectional and screening processes.

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 U.S. Department of Justice (including U.S. Attorney 
offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is 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 
(2) any employee of DHS in his/her official capacity, or (3) any 
employee of DHS in his/her individual capacity where DOJ or DHS has 
agreed to represent said employee, or (4) the United States or any 
agency thereof;
    B. To a Congressional office, for 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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. Sections 2904 and 
2906;
    D. To an agency, organization, or individual for the purposes 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) it is 
suspected or confirmed that the security or confidentiality of 
information in the

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system of records has been compromised; (2) CBP has determined that as 
a result of the suspected or confirmed compromise there is a risk of 
harm to economic or property interests, identity theft or fraud, or 
harm to the security or integrity of this system or other systems or 
programs (whether maintained by CBP or another agency or entity) or 
harm to the individual that rely upon the compromised information; and 
(3) the disclosure is made to such agencies, entities, and persons when 
reasonably necessary to assist in connection with the CBP's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors, grantees, experts, consultants, and others 
performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records, in compliance with the Privacy Act of 1974, as amended;
    G. To appropriate Federal, State, local, international, tribal, or 
foreign governmental agencies or multilateral governmental 
organizations responsible for investigating or prosecuting the 
violations of, or for enforcing or implementing, a statute, rule, 
regulation, order, license, or treaty where DHS determines that the 
information would assist in the enforcement of civil or criminal laws.
    H. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    I. To a Federal, State, tribal, local or foreign government agency 
or organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, whether civil or 
criminal, or charged with investigating, prosecuting, enforcing or 
implementing civil or criminal laws, related rules, regulations or 
orders, to enable these entities to carry out their law enforcement 
responsibilities, including the collection of law enforcement 
intelligence.
    J. To Federal and foreign government intelligence or 
counterterrorism agencies or components where DHS reasonably believes 
there to be a threat or potential threat to national or international 
security for which the information may be useful in countering the 
threat or potential threat, when DHS reasonably believes such use is to 
assist in anti-terrorism efforts, and disclosure is appropriate to the 
proper performance of the official duties of the person making the 
disclosure.
    K. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life, property or other vital interests 
of a data subject and disclosure is proper and consistent with the 
official duties of the person making the disclosure;
    L. To appropriate Federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, for 
the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or for combating other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk;
    M. 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 response to a subpoena, or in connection with 
criminal law proceedings;
    N. To third parties during the course of an law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate in the proper 
performance of the official duties of the officer making the 
disclosure;
    O. To an appropriate Federal, state, local, tribal, territorial, 
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;
    P. To appropriate Federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations where 
CBP is aware of a need to utilize relevant data for purposes of testing 
new technology and systems designed to enhance border security or 
identify other violations of law;
    Q. To the carrier who submitted traveler, passenger, or crew 
information to CBP, but only to the extent that CBP provides a message 
indicating that the individual is ``cleared'' or ``not cleared'' to 
board the aircraft or depart on the vessel in response to the initial 
transmission of information (including, where applicable, the 
individual's ESTA status as discussed in The System of Record Notice 
for ESTA, DHS/CBP-009, published at 73 FR 32720 (June 10, 2008)), or is 
identified as a ``selectee''.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    The data is stored electronically at the CBP Data Center for 
current data and offsite at an alternative data storage facility for 
historical logs and system backups.

Retrievability:
    The data is retrievable by name or other unique personal identifier 
from an electronic database.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies. All records are protected from 
unauthorized access through appropriate administrative, physical, and 
technical safeguards. These safeguards include role-based access 
provisions, restricting access to authorized personnel who have a need-
to-know, using locks, and password protection identification features. 
DHS file areas are locked after normal duty hours and the facilities 
are protected from the outside by security personnel.
    The system manager, in addition, has the capability to maintain 
system back-ups for the purpose of supporting continuity of operations 
and the discrete need to isolate and copy specific data access 
transactions for the purpose of conducting security incident 
investigations.
    All communication links with the CBP datacenter are encrypted. The 
Databases are fully Certified and Accredited in accordance with the 
requirements of the Federal Information Security Management Act 
(FISMA).

[[Page 68439]]

    Although separate notice is being provided for APIS, it continues 
to operate within the TECS information technology system architecture; 
therefore APIS's technical infrastructure is covered by the approved 
TECS Certification and Accreditation under the National Institute of 
Standards and Technology. The last certification was in January 2006.

Retention and Disposal:
    Information collected in APIS is maintained in this system for a 
period of no more than twelve months from the date of collection at 
which time the data is erased from APIS. As part of the vetting and CBP 
clearance (immigration and customs screening and inspection) of a 
traveler, information from APIS is copied to the Border Crossing 
Information System, a subsystem of TECS. Additionally, for individuals 
subject to US-VISIT requirements, a copy of certain APIS data is 
transferred to the Arrival and Departure Information System (ADIS) for 
effective and efficient processing of foreign nationals. The SORN for 
ADIS was last published on August 22, 2007 (72 FR 47057). Different 
retention periods apply for APIS data contained in those systems.

System Manager and address:
    Director, Office of Automated Systems, U.S. Customs and Border 
Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229.

Notification procedure:
    DHS allows persons (including foreign nationals) to seek 
administrative access under the Privacy Act to information maintained 
in APIS. Persons may only seek access to APIS data that has been 
provided by the carrier and of which they are the subject. To determine 
whether APIS contains records relating to you, write to the Customer 
Service Center, OPA-CSC-Rosslyn, U.S. Customs and Border Protection, 
1300 Pennsylvania Avenue, NW., Washington, DC 20229 (phone: 877-CBP-
5511).

Record access procedures:
    Requests for notification or access must be in writing and should 
be addressed to the Customer Service Center, OPA-CSC-Rosslyn, U.S. 
Customs and Border Protection, 1300 Pennsylvania Avenue, NW., 
Washington, DC 20229 (phone: 877-CBP-5511). Requests should conform to 
the requirements of 6 CFR Part 5, Subpart B, which provides the rules 
for requesting access to Privacy Act records maintained by DHS and can 
be found at http://www.dhs.gov/foia. The envelope and letter should be 
clearly marked ``Privacy Act Access Request.'' The request should 
include a general description of the records sought and must include 
the requester's full name, current address, and date and place of 
birth. The request must be signed and either notarized or submitted 
under penalty of perjury.
    If individuals are uncertain what agency handles the information, 
they may seek redress through the DHS Traveler Redress Program 
(``TRIP'') (See 72 FR 2294, dated January 18, 2007). Individuals who 
believe they have been improperly denied entry, refused boarding for 
transportation, or identified for additional screening by CBP may 
submit a redress request through the TRIP. TRIP is a single point of 
contact for individuals who have inquiries or seek resolution regarding 
difficulties they experienced during their travel screening at 
transportation hubs--like airports, seaports and train stations or at 
U.S. land borders. Through TRIP, a traveler can request correction of 
erroneous stored in other DHS databases through one application. 
Redress requests should be sent to: DHS Traveler Redress Inquiry 
Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-
4220 or online at http://www.dhs.gov/trip.

Contesting record procedures:
    Individuals may seek redress and/or contest a record through 
several different means that will be handled in the same fashion. If 
the individual is aware the information is specifically handled by CBP, 
requests may be sent directly to CBP at the Customer Service Center, 
OPA-CSC-Rosslyn, U.S. Customs and Border Protection, 1300 Pennsylvania 
Avenue, NW., Washington, DC 20229 (phone: 877-CBP-5511). If the 
individual is uncertain what agency is responsible for maintaining the 
information, redress requests may be sent to DHS TRIP at DHS Traveler 
Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901, 
Arlington, VA 22202-4220 or online at http://www.dhs.gov/trip.

Record source categories:
    The system contains data received from private and commercial 
aircraft pilots, operators/carriers, and vessel carriers regarding 
passengers and crewmembers who arrive in, depart from, transit through 
or overfly (in the case of flight crew only) the United States on 
private aircraft, air, or, vessel carriers covered by APIS regulations. 
The system also contains data to the extent voluntarily submitted by 
rail and bus carriers regarding passengers and crewmembers who arrive 
in, and/or depart from the United States. During physical processing at 
the border, primary inspection lane and ID inspector are added to APIS, 
and the APIS information is verified using the travel documents. 
Additionally, records contain the results of comparisons of individuals 
to information maintained in CBP law enforcement databases, as well as 
information from the TSDB, information on individuals with outstanding 
wants or warrants, and information from other government agencies 
regarding high risk parties

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system that is collected from a person and submitted 
by that person's air or vessel carrier, if that person, or his or her 
agent, seeks access or amendment of such information.
    This system, however, may contain records or information recompiled 
from or created from information contained in other systems of records, 
which are exempt from certain provision of the Privacy Act. This system 
may also contain 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 
subsections (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: November 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-27205 Filed 11-17-08; 8:45 am]
BILLING CODE 4410-10-P