39680 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

DEPARTMENT OF HOMELAND This process is conducted in accordance documents/CBP%20Form%206478_ SECURITY with 5 CFR 1320.10. CBP invites the 0.pdf. general public and other Federal Current Actions: This submission is U.S. Customs and Border Protection agencies to comment on proposed and/ being made to extend the expiration or continuing information collections [1651–0053] date with a change to the burden hours pursuant to the Paperwork Reduction based on updated estimates of the Agency Information Collection Act of 1995 (Pub. L. 104–13; 44 U.S.C. number of applicants and record Activities: Accreditation of Commercial 3507). The comments should address: keepers associated with this information Testing Laboratories and Approval of (a) Whether the collection of collection. There are no changes to the Commercial Gaugers information is necessary for the proper information collected. performance of the functions of the AGENCY: U.S. Customs and Border agency, including whether the Type of Review: Extension (with Protection, Department of Homeland information shall have practical utility; change). Security. (b) the accuracy of the agency’s Affected Public: Businesses. ACTION: 30-Day notice and request for estimates of the burden of the collection Applications for Commercial Testing comments; Extension of an existing of information; (c) ways to enhance the and Approval of Commercial Gaugers: collection of information. quality, utility, and clarity of the Estimated Number of Annual information to be collected; (d) ways to Respondents: 8. SUMMARY: U.S. Customs and Border minimize the burden, including the use Protection (CBP) of the Department of of automated collection techniques or Estimated Time per Response: 1.25 Homeland Security will be submitting the use of other forms of information hours. the following information collection technology; and (e) the annual costs to Estimated Total Annual Burden request to the Office of Management and respondents or record keepers from the Hours: 10. Budget (OMB) for review and approval collection of information (total capital/ Record Keeping Associated with in accordance with the Paperwork startup costs and operations and Applications for Commercial Testing Reduction Act: Accreditation of maintenance costs). The comments that and Approval of Commercial Gaugers: Commercial Testing Laboratories and are submitted will be summarized and Estimated Number of Respondents: Approval of Commercial Gaugers (CBP included in the CBP request for OMB 180. Form 6478). This is a proposed approval. All comments will become a extension of an information collection matter of public record. In this Estimated Time per Response: 1 hour. that was previously approved. CBP is document, CBP is soliciting comments Estimated Total Annual Burden proposing that this information concerning the following information Hours: 180. collection: collection be extended with a change to Dated: June 14, 2016. the burden hours, there is no change to Title: Accreditation of Commercial Tracey Denning, the information collected. This Testing Laboratories and Approval of document is published to obtain Commercial Gaugers. Agency Clearance Officer, U.S. Customs and Border Protection. comments from the public and affected OMB Number: 1651–0053. agencies. Form Number: Form 6478. [FR Doc. 2016–14360 Filed 6–16–16; 8:45 am] BILLING CODE 9111–14–P DATES: Written comments should be Abstract: Commercial laboratories received on or before July 18, 2016 to be seeking accreditation or approval must assured of consideration. provide the information specified in 19 CFR 151.12 to Customs and Border DEPARTMENT OF HOMELAND ADDRESSES: Interested persons are Protection (CBP), and Commercial SECURITY invited to submit written comments on Gaugers seeking CBP approval must Office of the Secretary this proposed information collection to provide the information specified under the Office of Information and Regulatory 19 CFR 151.13. This information may be Affairs, Office of Management and submitted on CBP Form 6478. After the [Docket No. DHS–2016–0029] Budget. Comments should be addressed initial approval and/or accreditation, a to the OMB Desk Officer for Customs private company may ‘‘extend’’ its Privacy Act of 1974; Department of and Border Protection, Department of approval and/or accreditation to add Homeland Security, U.S. Customs and Homeland Security, and sent via Border Protection–009 Electronic _ facilities by submitting a formal written electronic mail to oira submission@ request to CBP. This application process System for Travel Authorization omb.eop.gov or faxed to (202) 395–5806. is authorized by Section 613 of Public System of Records FOR FURTHER INFORMATION CONTACT: Law 103–182 (NAFTA Implementation AGENCY: Requests for additional information Act), codified at 19 U.S.C. 1499, which Department of Homeland should be directed to Tracey Denning, directs CBP to establish a procedure to Security, Privacy Office. U.S. Customs and Border Protection, accredit privately owned testing ACTION: Notice of Privacy Act System of Regulations and Rulings, Office of laboratories. The information collected Records. Trade, 90 K Street NE., 10th Floor, is used by CBP in deciding whether to Washington, DC 20229–1177, at 202– approve individuals or businesses SUMMARY: In accordance with the 325–0265. desiring to measure bulk products or to Privacy Act of 1974 (Privacy Act), the SUPPLEMENTARY INFORMATION: This analyze importations. Instructions for Department of Homeland Security proposed information collection was completing these applications are (DHS) proposes to update and reissue previously published in the Federal accessible at: http://www.cbp.gov/ the DHS system of records titled, ‘‘DHS/ Register (81 FR 14120) on March 16, about/labs-scientific/commercial- U.S. Customs and Border Protection 2016, allowing for a 60-day comment gaugers-and-laboratories. CBP Form (CBP)–009 Electronic System for Travel period. This notice allows for an 6478 is accessible at: http:// Authorization (ESTA) System of additional 30 days for public comments. www.cbp.gov/sites/default/files/ Records.’’ This system of records allows

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DHS/CBP to collect and maintain ADDRESSES: You may submit comments, The Electronic System for Travel records on nonimmigrant aliens seeking identified by docket number DHS– Authorization (ESTA) is a web-based to travel to the United States under the 2016–0029 by one of the following system that DHS/CBP developed in Visa Waiver Program and other persons, methods: 2008 to determine the eligibility of including U.S. citizens and lawful • Federal e-Rulemaking Portal: http:// foreign nationals to travel by air or sea permanent residents, whose names are www.regulations.gov. Follow the to the United States under the VWP. provided to DHS as part of a instructions for submitting comments. Using the ESTA Web site, applicants nonimmigrant alien’s ESTA application. • Fax: 202–343–4010. submit biographic information and • The system is used to determine Mail: Karen L. Neuman, Chief answer questions that permit DHS to whether an applicant is eligible to travel Privacy Officer, Privacy Office, determine eligibility for travel under the to and enter the United States under the Department of Homeland Security, VWP. DHS/CBP uses the information Visa Waiver Program (VWP) by vetting Washington, DC 20528–0655. submitted to ESTA to make a his or her ESTA application information Instructions: All submissions received determination regarding whether the against selected security and law must include the agency name and applicant is eligible to travel under the enforcement databases at DHS, docket number for this rulemaking. All VWP, including whether his or her including but not limited to TECS (not comments received will be posted intended travel poses a law enforcement an acronym) and the Automated without change to http:// or security risk. DHS/CBP vets the ESTA Targeting System (ATS). In addition, www.regulations.gov, including any applicant information against selected personal information provided. ATS retains a copy of ESTA application security and law enforcement databases, Docket: For access to the docket to data to identify ESTA applicants who including TECS (DHS/CBP–011 U.S. read background documents or may pose a security risk to the United Customs and Border Protection TECS, comments received, please visit http:// 73 FR 77778 (December 19, 2008)) and States. The ATS maintains copies of key www.regulations.gov. elements of certain databases in order to ATS (DHS/CBP–006 Automated FOR FURTHER INFORMATION CONTACT: minimize the impact of processing For Targeting System, 77 FR 30297 (May 22, general questions, please contact: John searches on the operational systems and 2012)). Connors, (202) 344–1610, CBP Privacy to act as a backup for certain operational The ATS also retains a copy of the Officer, Privacy and Diversity Office, systems. DHS may also vet ESTA ESTA application data to identify ESTA 1300 Pennsylvania Ave. NW., application information against security applicants who may pose a security risk Washington, DC 20229. For privacy and law enforcement databases at other to the United States. The ATS maintains questions, please contact: Karen L. Federal agencies to enhance DHS’s copies of key elements of certain Neuman, (202) 343–1717, Chief Privacy ability to determine whether the databases in order to minimize the Officer, Privacy Office, Department of applicant poses a security risk to the impact of processing searches on the Homeland Security, Washington, DC United States and is eligible to travel to operational systems and to act as a 20528–0655. and enter the United States under the backup for certain operational systems. SUPPLEMENTARY INFORMATION: VWP. The results of this vetting may DHS may also vet ESTA application information against security and law inform DHS’s assessment of whether the I. Background applicant’s travel poses a law enforcement databases at other Federal In accordance with the Privacy Act of agencies to enhance DHS’s ability to enforcement or security risk and 1974, 5 U.S.C. 552a, the Department of whether the application should be determine whether the applicant poses Homeland Security (DHS), U.S. Customs a security risk to the United States or is approved. and Border Protection (CBP) is updating otherwise eligible to travel to and enter DHS/CBP is updating this system of and reissuing a current DHS system of the United States under the VWP. The records notice, last published on records titled, ‘‘DHS/CBP–009 results of this vetting may inform DHS’s February 23, 2016 (81 FR 8979), to Electronic System for Travel assessment of whether the applicant’s modify the scope of the system of Authorization (ESTA) System of travel poses a law enforcement or records to reflect that the Secretary of Records.’’ security risk. The ESTA eligibility Homeland Security is adding Somalia, In the wake of September 11, 2001, determination is made prior to a visitor Libya, and Yemen to the list of countries Congress enacted the Implementing boarding a carrier en route to the United of concern for heightened ESTA Recommendations of the 9/11 States. enhancement questions. DHS/CBP is Commission Act of 2007, Public Law DHS/CBP is updating this system of also updating the categories of records 110–53. sec. 711 of that Act sought to records notice, last published on to include these new countries of address the security vulnerabilities February 17, 2016 (81 FR 8979), to concerns to the ESTA enhancement associated with Visa Waiver Program modify the scope of the system of questions and an additional data (VWP) travelers not being subject to the records to reflect that the Secretary of element, the including Global Entry same degree of screening as other Homeland Security is adding Somalia, Program Number, to assist DHS/CBP in international visitors. As a result, sec. Libya, and Yemen to the list of countries determining eligibility to travel under 711 required DHS to develop and of concern subject to the travel-related the VWP. implement a fully automated electronic restriction provided in the Visa Waiver DHS/CBP issued a Final Rule to travel authorization system to collect Program Improvement and Terrorist exempt this system of records from biographical and other information Travel Prevention Act of 2015 to receive certain provisions of the Privacy Act on necessary to evaluate the security risks heightened ESTA enhancement August 31, 2009 (74 FR 45070). These and eligibility of an applicant to travel questions. DHS/CBP is also updating the regulations remain in effect. to the United States under the VWP. categories of records to include these DATES: This updated system will be The VWP is a travel facilitation program new countries of concerns to the ESTA effective June 16, 2016. Although this that has evolved to include more robust enhancement questions and an system is effective June 17, 2016, DHS security standards that are designed to additional data element, the including will accept and consider comments prevent terrorists and other criminal Global Entry Program Number, to assist from the public and evaluate the need actors from exploiting the program to DHS/CBP in determining eligibility to for any revisions to this notice. enter the country. travel under the VWP.

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On December 18, 2015, the President an applicant presents a security risk, contact information about U.S. persons, signed into law the Visa Waiver and when considering an applicant’s DHS always administratively applied Program Improvement and Terrorist eligibility for a waiver of VWP the privacy protections and safeguards Travel Prevention Act of 2015 as part of ineligibility. of the Privacy Act to all international the Consolidated Appropriations Act of Consistent with DHS’s information travelers subject to ESTA. The ESTA 2016. To meet the requirements of this sharing mission, information stored in falls within the mixed system policy new law, DHS strengthened the security the ‘‘DHS/CBP–009 Electronic System and DHS will continue to extend the of the VWP through enhancements to for Travel Authorization System of administrative protections of the the ESTA application and to the Records’’ may be shared with other DHS Privacy Act to information about Nonimmigrant Visa Waiver Arrival/ Components that have a need to know travelers and non-travelers whose Departure Record Form (Form I–94W). the information to carry out their information is provided to DHS as part The Act generally makes certain national security, law enforcement, of the ESTA application. nationals of VWP countries ineligible immigration, intelligence, or other Below is the description of the DHS/ (with some exceptions) from traveling to homeland security functions. In U.S. Customs and Border Protection– the United States under the VWP if the addition, DHS/CBP may share 009 Electronic System for Travel applicant is also a national of, or at any information stored in ESTA with other Authorization System of Records time on or after March 1, 2011 has been Federal security and counterterrorism System of Records. present in, Iraq, Syria, a designated state agencies, as well as on a case-by-case In accordance with 5 U.S.C. 552a(r), sponsor of terrorism (currently Iran, basis to appropriate State, local, tribal, DHS has provided a report of this Sudan, and Syria),1 or any other country territorial, foreign, or international system of records to the Office of or area of concern as designated by the government agencies. This external Management and Budget and to Secretary of Homeland Security.2 DHS sharing takes place after DHS Congress. is updating this SORN to reflect that the determines that it is consistent with the Secretary of Homeland Security is routine uses set forth in this system of System of Records: adding, with respect to the travel-related records notice. Department of Homeland Security restriction only, Somalia, Libya, and Additionally, for ongoing, systematic (DHS)/U.S. Customs and Border Yemen to the list of countries of concern sharing, DHS completes an information Protection (CBP)–009. to receive the heightened ESTA sharing and access agreement with enhancement questions. The partners to establish the terms and SYSTEM NAME: designation of Somalia, Libya, and conditions of the sharing, including DHS/CBP–009 Electronic System for Yemen as additional countries of documenting the need to know, Travel Authorization System (ESTA). concern will not affect the VWP authorized users and uses, and the SECURITY CLASSIFICATION: eligibility of dual-nationals of those privacy protections for the data. countries. DHS previously issued a Final Rule to Unclassified. The data may be In addition, due to the ongoing exempt this system of records from retained on classified networks but this national security concerns surrounding certain provisions of the Privacy Act on does not change the nature and foreign fighters exploiting the VWP, August 31, 2009 (74 FR 45070). These character of the data until it is combined DHS/CBP is also updating the categories regulations remain in effect. This with classified information. of records to include an additional data updated system will be included in SYSTEM LOCATION: element, the Global Entry Program DHS’s inventory of record systems. DHS/CBP maintains records at the Number, to assist DHS/CBP in II. Privacy Act CBP Headquarters in Washington, DC determining eligibility to travel under and field offices. Records are replicated the VWP. If an ESTA applicant has The Privacy Act embodies fair from the operational system and already been approved for travel under information practice principles in a maintained on the DHS unclassified and the Global Entry program, DHS has statutory framework governing the previously determined that the means by which Federal Government classified networks. applicant is a low-risk traveler. This agencies collect, maintain, use, and CATEGORIES OF INDIVIDUALS COVERED BY THE previous assessment and continued disseminate individuals’ records. The SYSTEM: vetting under the Global Entry Program Privacy Act applies to information that Categories of individuals covered by will provide CBP with valuable is maintained in a ‘‘system of records.’’ this system include: information when considering an A ‘‘system of records’’ is a group of any 1. Persons who seek to enter the applicant’s ESTA application, including records under the control of an agency United States by air or sea under the allowing CBP to make better informed from which information is retrieved by VWP; and, determinations when assessing whether the name of an individual or by some 2. Persons, including U.S. Citizens identifying number, symbol, or other and lawful permanent residents, whose 1 Countries determined by the Secretary of State identifying particular assigned to the information is provided in response to to have repeatedly provided support for acts of individual. In the Privacy Act, an ESTA application questions. international terrorism are generally designated individual is defined to encompass U.S. pursuant to three laws: sec. 6(j) of the Export CATEGORIES OF RECORDS IN THE SYSTEM: Administration Act of 1979 (50 U.S.C. 2405); sec. citizens and lawful permanent 40 of the Arms Export Control Act (22 U.S.C. 2780); residents. As a matter of policy, DHS Visa Waiver Program travelers may and sec. 620A of the Foreign Assistance Act of 1961 extends administrative Privacy Act seek the required travel authorization by (22 U.S.C. 2371). protections to all individuals when electronically submitting an application 2 The Act establishes exceptions to the bar for travel to Iraq, Syria, Iran, and Sudan since March systems of records maintain information consisting of biographical and other 1, 2011, for individuals determined by the Secretary on U.S. citizens, lawful permanent data elements via the ESTA Web site. of Homeland Security to have been present in these residents, and visitors. The categories of records in ESTA countries, ‘‘(i) in order to perform military service Given the importance of providing include: in the armed forces of a [VWP] program country; or • (ii) in order to carry out official duties as a full time privacy protections to international Full name (first, middle, and last); employee of the government of a [VWP] program travelers, and because the ESTA • Other names or aliases, if available; country.’’ 8 U.S.C. 1187(a)(12)(B). application has generally solicited • Date of birth;

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• City and country of birth; Æ Severe acute respiratory illnesses Æ Additional passport information (if • Gender; capable of transmission to other persons issued a passport or national identity • Email address; and likely to cause mortality. card for travel by any other country), • Telephone number (home, mobile, • Have you ever been arrested or including country, expiration year, and work, other); convicted for a crime that resulted in passport or identification card number; • Home address (address, apartment serious damage to property, or serious Æ Any other information provided number, city, state/region); harm to another person or government voluntarily in open, write-in fields • Internet protocol (IP) address; authority? provided to the ESTA applicant. • ESTA application number; • • Have you ever been a citizen or • Have you ever violated any law Global Entry Program Number; related to possessing, using, or national of any other country? If yes, • Country of residence; • distributing illegal drugs? other countries of previous citizenship Passport number; • Do you seek to engage in or have or nationality? If Iraq, Syria, Iran, • Passport issuing country; you ever engaged in terrorist activities, • Passport issuance date; Sudan, Somalia, Libya, or Yemen are • espionage, sabotage, or genocide? selected, follow-up questions are asked Passport expiration date; • • Department of Treasury Pay.gov Have you ever committed fraud or regarding status of current citizenship payment tracking number (i.e., misrepresented yourself or others to including dual-citizenship information, confirmation of payment; absence of obtain, or assist others to obtain, a visa and how citizenship was acquired. or entry into the United States? Applicants who identify Iraq, Syria, payment confirmation will result in a • ‘‘not cleared’’ determination); Are you currently seeking Iran, Sudan, Somalia, Libya, or Yemen • Country of citizenship; employment in the United States or as their Country of Birth on ESTA will • Other citizenship (country, passport were you previously employed in the be directed to follow-up questions to number); United States without prior permission determine whether they currently are a • National identification number, if from the U.S. government? national or dual national of their • available; Have you ever been denied a U.S. country of birth. • Address while visiting the United visa you applied for with your current AUTHORITY FOR MAINTENANCE OF THE SYSTEM: States (number, street, city, state); or previous passport, or have you ever • Emergency point of contact been refused admission to the United Title IV of the Homeland Security Act information (name, telephone number, States or withdrawn your application of 2002, 6 U.S.C. 201 et seq., the email address); for admission at a U.S. port of entry? If Immigration and Naturalization Act, as • U.S. Point of Contact (name, yes, when and where? amended, including 8 U.S.C. 1187(a)(11) address, telephone number); • Have you ever stayed in the United and (h)(3), and implementing • Parents’ names; States longer than the admission period regulations contained in part 217, title • Current job title; granted to you by the U.S. government? 8, Code of Federal Regulations; the • Current or previous employer name; • Have you traveled to, or been Travel Promotion Act of 2009, Public • Current or previous employer street present in, Iraq, Syria, Iran, Sudan, Law 111–145, 22 U.S.C. 2131. address; and Somalia, Libya, or Yemen on or after PURPOSE(S): • Current or previous employer March 1, 2011? If yes, provide the telephone number. country, date(s) of travel, and reason for The purpose of this system is to The categories of records in ESTA travel. Depending on the purpose of collect and maintain a record of persons also include responses to the following travel to these countries, additional who want to travel to the United States questions: responses may be required including: under the VWP, and to determine • Do you have a physical or mental Æ Previous countries of travel; whether applicants are eligible to travel disorder, or are you a drug abuser or Æ Dates of previous travel; to and enter the United States under the addict,3 or do you currently have any of Æ Countries of previous citizenship; VWP. The information provided the following diseases (communicable Æ Other current or previous through ESTA is also vetted—along diseases are specified pursuant to sec. passports; with other information that the 361(b) of the Public Health Service Act): Æ Visa numbers; Secretary of Homeland Security Æ Cholera Æ Laissez-Passer numbers; determines is necessary, including Æ Diphtheria Æ Identity card numbers; information about other persons Æ Tuberculosis, infection Æ Organization, company, or entity included on the ESTA application— Æ Plague on behalf of which you traveled; against various security and law Æ Smallpox Æ Official position/title with the enforcement databases to identify those Æ Yellow Fever organization, company, or entity behalf applicants who pose a security risk to Æ Viral Hemorrhagic Fevers, of which you traveled; the United States. This vetting includes including Ebola, Lassa, Marburg, Æ Contact information for consideration of the applicant’s IP Crimean-Congo organization, company, or entity on address, and all information provided in behalf of which you traveled; response to the ESTA application 3 Immigration and Nationality Act 212(a)(1)(A). Æ Iraqi, Syrian, Iranian, Sudanese, questionnaire, including all free text Pursuant to 8 U.S.C. 1182(a), aliens may be inadmissible to the United States if they have a Somali, Libyan, or Yemeni Visa write-in responses. physical or mental disorder and behavior associated Number; The Department of Treasury Pay.gov with the disorder that may pose, or has posed, a Æ I-Visa, G-Visa, or A-Visa number, if tracking number (associated with the threat to the property, safety, or welfare of the alien issued by a U.S. Embassy or Consulate; payment information provided to or others, or (ii) to have had a physical or mental Æ disorder and a history of behavior associated with All organizations, companies, or Pay.gov and stored in the Credit/Debit the disorder, which behavior has posed a threat to entities with which you had business Card Data System, DHS/CBP–003 the property, safety, or welfare of the alien or others dealings, or humanitarian contact; Credit/Debit Card Data System (CDCDS) and which behavior is likely to recur or to lead to Æ Grant number, if applicant’s 76 FR 67755 (November 2, 2011)) will other harmful behavior, or are determined (in accordance with regulations prescribed by the organization has received U.S. be used to process ESTA and third party Secretary of Health and Human Services) to be a government funding for humanitarian administrator fees and to reconcile drug abuser or addict. assistance within the last five years; issues regarding payment between

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ESTA, CDCDS, and Pay.gov. Payment individual, or harm to the security or individual seeking redress in information will not be used for vetting integrity of this system or other systems connection with the operations of a DHS purposes and is stored in a separate or programs (whether maintained by Component or program; or (3) for the system (CDCDS) from the ESTA DHS or another agency or entity) that purpose of verifying the accuracy of application data. rely upon the compromised information submitted by an individual DHS maintains a replica of some or all information; and who has requested such redress on of the data in ESTA on the unclassified 3. The disclosure made to such behalf of another individual. and classified DHS networks to allow agencies, entities, and persons is K. To Federal and foreign government for analysis and vetting consistent with reasonably necessary to assist in intelligence or counterterrorism the above stated uses and purposes and connection with DHS’s efforts to agencies or components when DHS this published notice. respond to the suspected or confirmed becomes aware of an indication of a compromise and prevent, minimize, or threat or potential threat to national or ROUTINE USES OF RECORDS MAINTAINED IN THE remedy such harm. international security to assist in SYSTEM, INCLUDING CATEGORIES OF USERS AND F. To contractors and their agents, THE PURPOSES OF SUCH USES: countering such threat, or to assist in grantees, experts, consultants, and anti-terrorism efforts. In addition to those disclosures others performing or working on a L. To the Department of State in the generally permitted under 5 U.S.C. contract, service, grant, cooperative 552a(b) of the Privacy Act, all or a processing of petitions or applications agreement, or other assignment for DHS, for benefits under the Immigration and portion of the records or information when necessary to accomplish an contained in this system may be Nationality Act, and all other agency function related to this system of immigration and nationality laws disclosed outside DHS as a routine use records. Individuals provided including treaties and reciprocal pursuant to 5 U.S.C. 552a(b)(3) as information under this routine use are agreements. follows: subject to the same Privacy Act M. To an organization or individual in A. To the Department of Justice (DOJ), requirements and limitations on including Offices of the U.S. Attorneys, disclosure as are applicable to DHS either the public or private sector, either or other Federal agency conducting officers and employees. foreign or domestic, when there is a litigation or in proceedings before any G. To an appropriate Federal, State, reason to believe that the recipient is or court, adjudicative, or administrative tribal, local, international, or foreign law could become the target of a particular body, when it is relevant or necessary to enforcement agency or other appropriate terrorist activity or conspiracy, to the the litigation and one of the following authority charged with investigating or extent the information is relevant to the is a party to the litigation or has an prosecuting a violation or enforcing or protection of life or property. interest in such litigation: implementing a law, rule, regulation, or N. To the carrier transporting an 1. DHS or any Component thereof; order, when a record, either on its face individual to the United States, prior to 2. Any employee or former employee or in conjunction with other travel, in response to a request from the of DHS in his/her official capacity; information, indicates a violation or carrier, to verify an individual’s travel 3. Any employee or former employee potential violation of law, which authorization status. of DHS in his/her individual capacity includes criminal, civil, or regulatory O. To the Department of Treasury’s when DOJ or DHS has agreed to violations and such disclosure is proper Pay.gov, for payment processing and represent the employee; or and consistent with the official duties of payment reconciliation purposes. 4. The United States or any agency the person making the disclosure. P. To a court, magistrate, or thereof. H. To appropriate Federal, State, administrative tribunal in the course of B. To a congressional office from the local, tribal, or foreign governmental presenting evidence, including record of an individual in response to agencies or multilateral governmental disclosures to opposing counsel or an inquiry from that congressional office organizations for the purpose of witnesses in the course of civil made at the request of the individual to protecting the vital health interests of a discovery, litigation, or settlement whom the record pertains. data subject or other persons (e.g., to negotiations, in response to a subpoena, C. To the National Archives and assist such agencies or organizations in or in connection with criminal law Records Administration (NARA) or preventing exposure to or transmission proceedings. General Services Administration (GSA) of a communicable or quarantinable Q. To the news media and the public, pursuant to records management disease or to combat other significant with the approval of the Chief Privacy inspections being conducted under the public health threats; appropriate notice Officer in consultation with counsel, authority of 44 U.S.C. 2904 and 2906. will be provided of any identified health when there exists a legitimate public D. To an agency or organization for threat or risk). interest in the disclosure of the the purpose of performing audit or I. To third parties during the course information, when disclosure is oversight operations as authorized by of a law enforcement investigation to necessary to preserve confidence in the law, but only such information as is the extent necessary to obtain integrity of DHS, or when disclosure is necessary and relevant to such audit or information pertinent to the necessary to demonstrate the oversight function. investigation, provided disclosure is accountability of DHS’s officers, E. To appropriate agencies, entities, appropriate in the proper performance employees, or individuals covered by and persons when: of the official duties of the officer the system, except to the extent the 1. DHS suspects or has confirmed that making the disclosure. Chief Privacy Officer determines that the security or confidentiality of J. To a Federal, State, tribal, local, release of the specific information in the information in the system of records has international, or foreign government context of a particular case would been compromised; agency or entity for the purpose of constitute an unwarranted invasion of 2. DHS has determined that as a result consulting with that agency or entity: (1) personal privacy. of the suspected or confirmed To assist in making a determination compromise, there is a risk of identity regarding redress for an individual in DISCLOSURE TO CONSUMER REPORTING theft or fraud, harm to economic or connection or program; (2) for the AGENCIES: property interests, harm to an purpose of verifying the identity of an None.

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POLICIES AND PRACTICES FOR STORING, processing system, CDCDS, pursuant to contest its content, may submit a RETRIEVING, ACCESSING, RETAINING, AND the DHS/CBP–018, CDCDS system of request in writing to the Chief Privacy DISPOSING OF RECORDS IN THE SYSTEM: records notice. When a VWP traveler’s Officer and Headquarters Freedom of STORAGE: ESTA data is used for purposes of Information Act (FOIA) Officer, whose DHS/CBP stores records in this processing his or her application for contact information can be found at system electronically or on paper in admission to the United States, the http://www.dhs.gov/foia under ‘‘FOIA secure facilities in a locked drawer ESTA data will be used to create a Contact Information.’’ If an individual behind a locked door. The records may corresponding admission record in the believes more than one component be stored on magnetic disc, tape, and DHS/CBP–016 Non-Immigrant maintains Privacy Act records digital media. Information System (NIIS). This concerning him or her, the individual corresponding admission record will be may submit the request to the Chief RETRIEVABILITY: retained in accordance with the NIIS Privacy Officer and Chief Freedom of DHS/CBP may retrieve records by any retention schedule, which is 75 years. Information Act Officer, Department of of the data elements supplied by the Homeland Security, 245 Murray Drive applicant. SYSTEM MANAGER AND ADDRESS: SW., Building 410, STOP–0655, Director, Office of Automated Washington, DC 20528. SAFEGUARDS: Systems, U.S. Customs and Border When seeking records about yourself DHS/CBP safeguards records in this Protection, 1300 Pennsylvania Avenue from this system of records or any other system according to applicable rules NW., Washington, DC 20229. Departmental system of records, your and policies, including all applicable request must conform with the Privacy NOTIFICATION PROCEDURE: DHS automated systems security and Act regulations set forth in 6 CFR part access policies. DHS/CBP has imposed Applicants may access their ESTA 5. You must first verify your identity, strict controls to minimize the risk of information to view and amend their meaning that you must provide your full compromising the information that is applications by providing their ESTA name, current address, and date and being stored. Access to the computer number, birth date, and passport place of birth. You must sign your system containing the records in this number. Once they have provided their request, and your signature must either system is limited to those individuals ESTA number, birth date, and passport be notarized or submitted under 28 who have a need to know the number, applicants may view their U.S.C. 1746, a law that permits information for the performance of their ESTA status (authorized to travel, not statements to be made under penalty of official duties and who have appropriate authorized to travel, pending) and perjury as a substitute for notarization. clearances or permissions. submit limited updates to their travel While no specific form is required, you itinerary information. If an applicant RETENTION AND DISPOSAL: may obtain forms for this purpose from does not know his or her application the Chief Privacy Officer and Chief Application information submitted to number, he or she can provide his or her ESTA generally expires and is deemed FOIA Officer, http://www.dhs.gov/foia name, passport number, date of birth, or 1–866–431–0486. In addition, ‘‘inactive’’ two years after the initial and passport issuing country to retrieve submission of information by the individuals should: his or her application number. • Explain why you believe the applicant. In the event that a traveler’s In addition, ESTA applicants and Department would have information on passport remains valid for less than two other individuals whose information is you; years from the date of the ESTA included on ESTA applications may • Identify which component(s) of the approval, the ESTA travel authorization submit requests and receive information Department you believe may have the will expire concurrently with the maintained in this system as it relates to information about you; passport. Information in ESTA will be data submitted by or on behalf of a • Specify when you believe the retained for one year after the ESTA person who travels to the United States records would have been created; and travel authorization expires. After this and crosses the border, as well as, for • Provide any other information that period, the inactive account information ESTA applicants, the resulting will help the FOIA staff determine will be purged from online access and determination (authorized to travel, which DHS component agency may archived for 12 years. Data linked at any pending, or not authorized to travel). have responsive records. time during the 15-year retention period However, the Secretary of Homeland If your request is seeking records (generally 3 years active, 12 years Security has exempted portions of this pertaining to another living individual, archived), to active law enforcement system from certain provisions of the you must include a statement from that lookout records, will be matched by Privacy Act related to providing the individual certifying his or her DHS/CBP to enforcement activities, accounting of disclosures to individuals agreement for you to access his or her and/or investigations or cases, including because it is a law enforcement system. records. ESTA applications that are denied DHS/CBP will, however, consider Without the above information, the authorization to travel, will remain individual requests to determine component(s) may not be able to accessible for the life of the law whether or not information may be conduct an effective search, and your enforcement activities to which they released. In processing requests for request may be denied due to lack of may become related. NARA guidelines access to information in this system, specificity or lack of compliance with for retention and archiving of data will DHS/CBP will review the records in the applicable regulations. apply to ESTA and DHS/CBP continues operational system and coordinate with RECORD ACCESS PROCEDURES: to negotiate with NARA for approval of DHS to ensure that records that were the ESTA data retention and archiving replicated on the unclassified and See ‘‘Notification procedure’’ above. plan. Records replicated on the classified networks, are reviewed and CONTESTING RECORD PROCEDURES: unclassified and classified networks based on this notice provide appropriate See ‘‘Notification procedure’’ above. will follow the same retention schedule. access to the information. Payment information is not stored in Individuals seeking notification of RECORD SOURCE CATEGORIES: ESTA, but is forwarded to Pay.gov and and access to any record contained in DHS/CBP obtains records from stored in DHS/CBP’s financial this system of records, or seeking to information submitted by travelers via

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the online ESTA application at https:// number for the hearing- and speech- processing of applications, the reader is esta.cbp.dhs.gov/esta/. impaired (202) 708–2565 (these encouraged to refer to the interim rule telephone numbers are not toll-free), or governing this program, 24 CFR part EXEMPTIONS CLAIMED FOR THE SYSTEM: call the toll-free Title V information line 581. No exemption shall be asserted with at 800–927–7588. respect to information maintained in the For properties listed as suitable/to be SUPPLEMENTARY INFORMATION: In system as it relates to data submitted by excess, that property may, if accordance with 24 CFR part 581 and or on behalf of a person who travels to subsequently accepted as excess by section 501 of the Stewart B. McKinney visit the United States and crosses the GSA, be made available for use by the Homeless Assistance Act (42 U.S.C. border, nor shall an exemption be homeless in accordance with applicable 11411), as amended, HUD is publishing asserted with respect to the resulting law, subject to screening for other this Notice to identify Federal buildings determination (authorized to travel, Federal use. At the appropriate time, and other real property that HUD has pending, or not authorized to travel). HUD will publish the property in a reviewed for suitability for use to assist Information in the system may be the homeless. The properties were Notice showing it as either suitable/ shared with law enforcement and/or reviewed using information provided to available or suitable/unavailable. intelligence agencies pursuant to the HUD by Federal landholding agencies For properties listed as suitable/ above routine uses. The Privacy Act regarding unutilized and underutilized unavailable, the landholding agency has requires DHS to maintain an accounting buildings and real property controlled decided that the property cannot be of the disclosures made pursuant to all by such agencies or by GSA regarding declared excess or made available for routines uses. Disclosing the fact that a its inventory of excess or surplus law enforcement or intelligence agency use to assist the homeless, and the Federal property. This Notice is also has sought and been provided particular property will not be available. published in order to comply with the records may affect ongoing law Properties listed as unsuitable will December 12, 1988 Court Order in enforcement activities. As such, not be made available for any other National Coalition for the Homeless v. pursuant to 5 U.S.C. 552a(j)(2), DHS will purpose for 20 days from the date of this Veterans Administration, No. 88–2503– continue to claim exemption from secs. OG (D.D.C.). Notice. Homeless assistance providers (c)(3), (e)(8), and (g) of the Privacy Act Properties reviewed are listed in this interested in a review by HUD of the of 1974, as amended, as is necessary and Notice according to the following determination of unsuitability should appropriate to protect this information, categories: Suitable/available, suitable/ call the toll free information line at as described in the previously published unavailable, and suitable/to be excess, 1–800–927–7588 for detailed Final Rule to exempt this system of and unsuitable. The properties listed in instructions or write a letter to Ann records from certain provisions of the the three suitable categories have been Marie Oliva at the address listed at the Privacy Act on August 31, 2009 (74 Fed. reviewed by the landholding agencies, beginning of this Notice. Included in the Reg. 45070). Further, DHS will claim and each agency has transmitted to request for review should be the exemption from sec. (c)(3) of the Privacy HUD: (1) Its intention to make the property address (including zip code), Act of 1974, as amended, pursuant to 5 property available for use to assist the the date of publication in the Federal U.S.C. 552a(k)(2) as is necessary and homeless, (2) its intention to declare the Register, the landholding agency, and appropriate to protect this information. property excess to the agency’s needs, or the property number. Dated: June 10, 2016. (3) a statement of the reasons that the For more information regarding Karen L. Neuman, property cannot be declared excess or particular properties identified in this Chief Privacy Officer, Department of made available for use as facilities to Notice (i.e., acreage, floor plan, existing Homeland Security. assist the homeless. sanitary facilities, exact street address), [FR Doc. 2016–14422 Filed 6–16–16; 8:45 am] Properties listed as suitable/available providers should contact the BILLING CODE 4410–10–P will be available exclusively for homeless use for a period of 60 days appropriate landholding agencies at the from the date of this Notice. Where following addresses: Coast Guard: Commandant, United States Coast DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Guard, Attn: Jennifer Stomber, 2703 URBAN DEVELOPMENT only’’ recipients of the property will be required to relocate the building to their Martin Luther King Jr. Avenue SE., Stop [Docket No. FR–5907–N–25] own site at their own expense. 7741, Washington, DC 20593–7714; (202) 475–5609; GSA: Mr. Flavio Peres, Federal Property Suitable as Facilities Homeless assistance providers General Services Administration, Office To Assist the Homeless interested in any such property should send a written expression of interest to of Real Property Utilization and AGENCY: Office of the Assistant HHS, addressed to: Ms. Theresa M. Disposal, 1800 F Street NW., Room Secretary for Community Planning and Ritta, Chief Real Property Branch, the 7040, Washington, DC 20405, (202) 501– Development, HUD. Department of Health and Human 0084; Navy: Mr. Steve Matteo, ACTION: Notice. Services, Room 5B–17, Parklawn Department of the Navy, Asset Building, 5600 Fishers Lane, Rockville, Management Division, Naval Facilities SUMMARY: This Notice identifies MD 20857, (301) 443–2265 (This is not Engineering Command, Washington unutilized, underutilized, excess, and a toll-free number.) HHS will mail to the Navy Yard, 1330 Patterson Ave. SW., surplus Federal property reviewed by interested provider an application Suite 1000, Washington, DC 20374; HUD for suitability for use to assist the packet, which will include instructions (202) 685–9426 (These are not toll-free homeless. for completing the application. In order numbers). FOR FURTHER INFORMATION CONTACT: to maximize the opportunity to utilize a Juanita Perry, Department of Housing suitable property, providers should and Urban Development, 451 Seventh submit their written expressions of Street SW., Room 7266, Washington, DC interest as soon as possible. For 20410; telephone (202) 402–3970; TTY complete details concerning the

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