[Federal Register: June 10, 2002 (Volume 67, Number 111)]
[Notices]
[Page 39839-39840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn02-149]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 269-2002]
Privacy Act of 1974: System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
hereby given that the Department of Justice, Foreign Terrorist Tracking
Task Force (FTTTF), is establishing a new system of records entitled
``Flight Training Candidates File System, JUSTICE/FTTTF-001.''
The Flight Training Candidates File System is a system of records
established pursuant to Section 113 of the Aviation and Transportation
Security Act (ATSA), Public Law 107-71, 49 U.S.C. 44939, to support the
administration of the required risk assessment of candidates for flight
instruction who are aliens or persons designated by the Under Secretary
of Transportation for Security, U.S. Department of Transportation.
Subsequent to the terrorist hijacking and crashing of aircraft on
September 11, 2001, Congress determined that aliens seeking training in
the operation of aircraft with a takeoff weight of 12,500 pounds or
more should be subject to closer scrutiny. Pursuant to section 113 of
the ATSA, persons who wish to provide such training to aliens or others
designated by the Under Secretary of Transportation for Security must
first notify the Attorney General, and provide identifying information
with regard to the prospective trainee, so that the Attorney General
may determine whether the prospective trainee poses a risk to aviation
or national security.
It is likely that the majority of the persons in this system of
records will be foreign nationals who are not permanent resident aliens
of the United States and, therefore, are not covered by the provisions
of the Privacy Act. This notice is intended for flight training
candidates and flight instructors whose personal information is
included in this system of records and who are covered by the
provisions of the Privacy Act because they are either United States
citizens or permanent resident aliens.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to the Office of Management and Budget and the Congress.
Dated: June 5, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/FTTTF-001
System Name:
Flight Training Candidates File System, FTTTF-001.
System Location:
Foreign Terrorist Tracking Task Force (FTTTF), U.S. Department of
Justice, Washington, DC 20530
Categories of Individuals Covered by the System:
Aliens and persons designated by the Under Secretary of
Transportation for Security, U.S. Department of Transportation,
pursuant to section 113 of the Aviation and Transportation Security Act
(ATSA) who are seeking training from a Federal Aviation Administration
(FAA) certificated instructor in the operation of any aircraft with
maximum certificated takeoff weight of 12,500 pounds or more (``flight
training candidates''); flight instructors who wish to provide such
training (``providers'').
Categories of Records in the System:
Flight training candidate applications and identifying information
contained therein (e.g., name, date of birth, place of birth, country
of residence, education, travel, etc.); authorizations for the release
of information; basic identifying information of providers (e.g., name,
address, telephone number, FAA certification number); classified risk
assessment reports; records received from the Federal Bureau of
Investigation regarding the results of its fingerprint and name checks
of the flight training candidate; and electronic copies of
correspondence to flight training candidates, providers, the
Immigration and Naturalization Service and the Department of State
advising them as to whether individual candidates have been determined
to pose a risk to aviation or national security.
Authority for Maintenance of the System:
Section 113 of the Aviation and Transportation Security Act, Pub.
L. 107-71, codified at 49 U.S.C. 44939; Homeland Security Presidential
Directive-2, October 29, 2001, ``Combating Terrorism Through
Immigration Policies.''
Purpose(s):
The system will be used to collect information and conduct the risk
assessments required under section 113 of ATSA.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Routine uses may be published at a later date with an opportunity
for comment. In the interim, disclosures will be made only with the
written consent of the individuals.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
All data in this system is maintained solely in electronic form.
Retrievability:
Data is retrieved by the name of the flight training candidate or
the provider.
Safeguards:
Information in this system is safeguarded in accordance with
applicable rules and policies, including the Department's automated
systems security and access policies. Classified information is
appropriately stored in secure facilities, databases, and containers
and in accordance with other applicable requirements. In general,
records and technical equipment are maintained in buildings with
restricted access. The required system protection methods also restrict
access. Access is limited to those who have a need for access to
perform their official duties.
Retention and Disposal:
Records concerning an individual will be deleted from the system
when: (a) The individual reaches 99 years of age or 5 years have
elapsed since a report of the individual's death; or (b) when no longer
needed for reference, whichever is sooner (pending approval of the
Archivist of the United States).
System Manager(s) and Address:
Director, Foreign Terrorist Tracking Task Force, Department of
Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530.
Notification Procedures:
Address inquiries to the System Manager named above.
Record Access Procedures:
Any flight training candidate or provider who submits information
into the system will be able to view online the information they submit
through the use of a password. U.S. citizens and Permanent Resident
Aliens may seek access to additional information about a request for
training by writing to the System Manager listed above. 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. Some information may be exempt from access as
described in the section entitled ``Systems Exempted from Certain
Provisions of the Act.'' A determination as to whether a
[[Page 39840]]
record may be accessed will be made at the time a request is received.
Contesting Record Procedures:
U.S. Citizens or Permanent Resident Aliens who wish to contest, or
seek amendment of, the information maintained in the system should
direct their requests to the System Manager listed above. Requests
should clearly and concisely state what information is being contested,
the reason(s) for contesting it, and the proposed amendment to the
record. Some information may be exempt from amendment and contesting
record procedures as described in the section entitled ``Systems
Exempted from Certain Provisions of the Act.'' A determination as to
whether a record may be amended will be made at the time a request is
received.
Record Source Categories:
Information in this system of records will be obtained from flight
training candidates; providers; and individuals or entities having
information pertinent to the determination of risk to aviation or
national security, including but not limited to purveyors of public
source data, governmental entities, and the FAA.
Systems Exempted from Certain Provisions of the Act:
The Attorney General has exempted this system from subsections
(c)(3), (d)(1), (2), (3) and (4), and (e)(1) and (4)(I) of the Privacy
Act, pursuant to 5 U.S.C. 552a(k)(1). This exemption applies only to
the extent that information in the system is subject to exemption
pursuant to 5 U.S.C. 552a(k)(1).
Rules have been promulgated in accordance with the requirements of
5 U.S.C. 553(b), (c) and (e) and have been published in the Federal
Register.
[FR Doc. 02-14615 Filed 6-6-02; 2:35 pm]