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348 Federal Register / Vol. 72, No.

2 / Thursday, January 4, 2007 / Notices

includes a provision exempting these experience in the maritime and security However, through a diplomatic note
Area Maritime Security (AMS) industries. presented on July 3, 2006, the EC
Committees from the Federal Advisory terminated the agreement as of
J.H. Korn,
Committee Act (FACA), Public Law 92– September 30, 2006, as a consequence of
Captain, U.S. Coast Guard, Corpus Christi the determination of the European Court
436, 86 Stat. 470 (5 U.S.C. App.2). Captain of the Port/Federal Maritime Security
Coordinator.
of Justice that the agreement had been
The South Texas Area Maritime
concluded on an inapplicable basis
Security (STAMS) Committee assists the [FR Doc. E6–22425 Filed 1–3–07; 8:45 am]
under European Union law.
Captain of the Port(COTP)/Federal BILLING CODE 4910–15–P
On October 19, 2006, the United
Maritime Security Coordinator (FMSC) States and the EU concluded an
in the review and update of the STAMS agreement to last until July 31, 2007.
Plan for the Corpus Christi Area of DEPARTMENT OF HOMELAND
SECURITY This agreement was accompanied by a
Responsibility. Such matters may letter of the United States updating and
include, but are not limited to: adjusting the Undertakings to reflect
Bureau of Customs and Border
Identifying critical port infrastructure Protection changes in the law and circumstances
and operations; Identifying risks surrounding this data transfer. The letter
(threats, vulnerabilities, and Interim Agreement Between the was discussed extensively with the EU,
consequences); Determining mitigation European Union and the United States and the EU has acknowledged it without
strategies and implementation methods; Regarding the Transfer of Passenger objection. Copies of the agreement and
Developing and describing the process Name Record Data letter are contained in this notice. All
to continually evaluate overall port representations contained in the
AGENCY: Bureau of Customs and Border Undertakings, as published on July 9
security by considering consequences
Protection; DHS. and 23, 2004 are to be interpreted
and vulnerabilities, how they may
ACTION: General notice. consistently with the October 19, 2006
change over time, and what additional
mitigation strategies can be applied; and agreement and its accompanying letter.
SUMMARY: This Notice is intended to
Providing advice to, and assisting the The letter reflects changes in U.S. law
update a General Notice published in
COTP/FMSC in, reviewing and updating and experience since the Undertakings
the Federal Register on July 9, 2004,
the STAMS Plan. were issued and is consistent with
advising that the Department of
existing relevant provisions of U.S. law.
STAMS Committee Membership Homeland Security, Customs and
Both the agreement and the
Border Protection, had issued a
Undertakings shall terminate on July 31,
Applicants should have at least 5 document on May 11, 2004 (referred to
2007, unless extended.
years of experience related to maritime as the ‘‘Undertakings’’) containing
representations regarding the manner in Dated: December 19, 2006.
or port security operations. The STAMS
Committee has ten members, made up which it would handle certain Stewart Baker,
of at least one individual from the Passenger Name Record data relating to Assistant Secretary for Policy.
Corpus Christi, Rio Grande Valley, Port flights between the United States and Text of agreement:
of Port Lavaca-Point Comfort and European Union member states. This
Notice describes updates and AGREEMENT
Victoria Barge Canal, Port Security
Working Groups (PSWG). We are adjustments to the Undertakings to Between the European Union and the
reflect changes in the law and United States of America on the
seeking to fill one vacancy each from
circumstances surrounding these data Processing and Transfer of Passenger
the Victoria Barge Canal, Rio Grande
transfers. Name Record (PNR) Data by Air
Valley and Corpus Christi PSWG areas
with this solicitation. Applicants may EFFECTIVE DATES: This Notice is effective Carriers to the United States
be required to pass an appropriate January 4, 2007. Department of Homeland Security
security background check prior to FOR FURTHER INFORMATION CONTACT: THE EUROPEAN UNION AND THE
appointment to the committee. Michael Scardaville, (202) 282–8321. UNITED STATES OF AMERICA,
Members’ term of office will be for 5 SUPPLEMENTARY INFORMATION: On July 9, DESIRING to prevent and combat
years, however, a member is eligible to 2004, a Notice was published in the terrorism and transnational crime
serve an additional term of office. Federal Register (69 FR 41543; effectively as a means of protecting their
Members will not receive any salary or corrected at 69 FR 44082 on July 23, respective democratic societies and
other compensation for their service on 2004), advising that the Department of common values,
the STAMS Committee. In support of Homeland Security (DHS), Customs and RECOGNISING that, in order to
the Coast Guard’s policy on gender and Border Protection (CBP), had issued a safeguard public security and for law
ethnic diversity, we encourage qualified document on May 11, 2004 (referred to enforcement purposes, rules should be
as the ‘‘Undertakings’’) containing laid down on the transfer of Passenger
women and members of minority groups
representations regarding the manner in Name Record (‘‘PNR’’) data by air
to apply.
which CBP would handle certain carriers to the Department of Homeland
Request for Applications Passenger Name Record (PNR) data Security (hereinafter ‘‘DHS’’). For the
relating to flights between the United purposes of this Agreement, DHS means
Those seeking membership are not States and European Union (EU) the Bureau of Customs and Border
required to submit formal applications member states. When they were issued, Protection, U.S. Immigration and
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to the local COTP/FMSC, however, these Undertakings were understood to Customs Enforcement and the Office of
because we do have an obligation to provide the foundation for the European the Secretary and the entities that
ensure that a specific number of Community (EC) to enter into an directly support it, but does not include
members have the prerequisite maritime agreement with the United States that other components of DHS such as the
security experience, we encourage the permitted the transfer of PNR data to Citizenship and Immigration Services,
submission of resumes highlighting CBP consistent with applicable EC law. Transportation Security Administration,

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Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Notices 349

United States Secret Service, the United and that the same principle will be agreement and in any event no later
States Coast Guard, and the Federal applied in any similar agreement on the than 31 July 2007, unless extended by
Emergency Management Agency, processing and transfer of PNR data, mutual written agreement.
RECOGNISING the importance of This Agreement is not intended to
preventing and combating terrorism and HAVE AGREED AS FOLLOWS
derogate from or amend legislation of
related crimes, and other serious crimes (1) In reliance upon DHS’s continued the United States of America or the
that are transnational in nature, implementation of the aforementioned European Union or its Member States.
including organized crime, while Undertakings as interpreted in the light This Agreement does not create or
respecting fundamental rights and of subsequent events, the European confer any right or benefit on any other
freedoms, notably privacy, Union shall ensure that air carriers person or entity, private or public.
HAVING REGARD to U.S. statutes operating passenger flights in foreign air This Agreement shall be drawn up in
and regulations requiring each air transportation to or from the United duplicate in the English language. It
carrier operating passenger flights in States of America process PNR data shall also be drawn up in the Czech,
foreign air transportation to or from the contained in their reservation systems Danish, Dutch, Estonian, Finnish,
United States to provide DHS with as required by DHS. French, German, Greek, Hungarian,
electronic access to PNR data to the (2) Accordingly, DHS will
Italian, Latvian, Lithuanian, Maltese,
extent they are collected and contained electronically access the PNR data from
Polish, Portuguese, Slovak, Slovenian,
in the air carrier’s automated air carriers’ reservation systems located
Spanish and Swedish languages, and
reservation/departure control systems within the territory of the Member
the Parties shall approve these language
(hereinafter ‘‘reservation systems’’), States of the European Union until there
versions. Once approved, the versions
HAVING REGARD to Article 6(2) of is a satisfactory system in place
in these languages shall be equally
the Treaty on European Union on allowing for transmission of such data
authentic.
respect for fundamental rights, and in by the air carriers.
particular to the related right to the (3) DHS shall process PNR data Done at Washington D.C. on 19 October
received and treat data subjects 2006 and at Luxembourg on 16 October 2006.
protection of personal data,
HAVING REGARD to relevant concerned by such processing in For the United States of America
provisions of the Aviation accordance with applicable U.S. laws Michael Chertoff,
Transportation Security Act of 2001, the and constitutional requirements, Secretary, Department of Homeland Security.
Homeland Security Act of 2002, the without unlawful discrimination, in
For the European Union
Intelligence Reform and Terrorism particular on the basis of nationality and
country of residence. Erkki Tuomioja,
Prevention Act of 2004 and Executive
Order 13388 regarding cooperation (4) The implementation of this Minister for Foreign Affairs, President of the
Agreement shall be jointly and regularly Council of the European Union.
between agencies of the United States
government in combating terrorism, reviewed. Text of U.S. letter:
HAVING REGARD to the (5) In the event that an airline
Undertakings as published in the U.S. passenger information system is Via Electronic Delivery
Federal Register 1 and implemented by implemented in the European Union or ATTN: Director General Jonathan Faull,
DHS, in one or more of its Member States that European Commission
NOTING that the European Union requires air carriers to provide B–1049 Bruxelles, Belgium 22.
should ensure that air carriers with authorities with access to PNR data for ATTN: Ms. Irma Ertman, Presidency of
reservation systems located within the persons whose travel itinerary includes the Council of the European Union
European Union arrange for a flight to or from the European Union, Ministry of Foreign Affairs, P.O Box
transmission of PNR data to DHS as DHS shall, in so far as practicable and 176, Laivastokatu, FIN–00161
soon as this is technically feasible but strictly on the basis of reciprocity, Helsinki, Finland.
that, until then, the U.S. authorities actively promote the cooperation of
should be allowed to access the data airlines within its jurisdiction. Dear Jonathan and Irma:
directly, in accordance with the (6) For the purpose of applying this This letter is intended to set forth our
provisions of this Agreement, Agreement, DHS is deemed to ensure an understandings with regard to the
AFFIRMING that this Agreement does adequate level of protection for PNR interpretation of a number of provisions
not constitute a precedent for any future data transferred from the European of the Passenger Name Record (PNR)
discussions or negotiations between the Union concerning passenger flights in Undertakings issued on May 11, 2004 by
United States and the European Union, foreign air transportation to or from the the Department of Homeland Security
or between either of the Parties and any United States. (DHS). For the purposes of this letter,
State regarding the processing and (7) This Agreement shall enter into DHS means the Bureau of Customs and
transfer of PNR or any other form of force on the first day of the month after Border Protection, U.S. Immigration and
data, the date on which the Parties have Customs Enforcement and the Office of
HAVING REGARD to the commitment exchanged notifications indicating that the Secretary and the entities that
of both sides to work together to reach they have completed their internal directly support it, but does not include
an appropriate and mutually satisfactory procedures for this purpose. This other components of DHS such as the
solution, without delay, on the Agreement shall apply provisionally as Citizenship and Immigration Services,
processing of Advance Passenger of the date of signature. Either Party Transportation Security Administration,
Information (API) data from the may terminate or suspend this United States Secret Service, the United
European Union to the United States, Agreement at any time by notification States Coast Guard, and the Federal
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NOTING that in reliance on this through diplomatic channels. Emergency Management Agency. We
Agreement, the EU confirms that it will Termination shall take effect thirty (30) look forward to further reviewing these
not hinder the transfer of PNR data days from the date of notification and other issues in the context of future
between Canada and the United States thereof to the other Party. This discussions toward a comprehensive,
Agreement shall expire upon the date of reciprocal agreement based on common
1 Vol. 69, No 131, p. 41543. application of any superseding principles.

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350 Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Notices

Sharing and Disclosure of PNR that it respects those standards. DHS interests of the data subject or other
The Intelligence Reform and will inform the EU in writing of the persons.
Terrorism Prevention Act of 2004 implementation of such facilitated
Data Retention
required the President to establish an disclosure and respect for the applicable
standards before the expiration of the Several important uses for PNR data
Information Sharing Environment ‘‘that
Agreement. help to identify potential terrorists; even
facilitates the sharing of terrorism
data that is more than 3.5 years old can
information.’’ Following this enactment, Early Access Period for PNR be crucial in identifying links among
on October 25, 2005 the President While Paragraph 14 limits the number terrorism suspects. The Agreement will
issued Executive Order 13388, directing of times PNR can be pulled, the have expired before Paragraph 15 of the
that DHS and other agencies ‘‘promptly provision puts no such restriction on Undertakings requires the destruction of
give access to * * * terrorism the ‘‘pushing’’ of data to DHS. The push any data, and questions of whether and
information to the head of each other system is considered by the EU to be when to destroy PNR data collected in
agency that has counterterrorism less intrusive from a data privacy accordance with the Undertakings will
functions’’ and establishing a perspective. The push system does not be addressed by the United States and
mechanism for implementing the confer on airlines any discretion to the European Union as part of future
Information Sharing Environment. decide when, how or what data to push, discussions.
Pursuant to Paragraph 35 of the however. That decision is conferred on
Undertakings (which states that ‘‘No DHS by U.S. law. Therefore, it is The Joint Review
statement in these Undertakings shall understood that DHS will utilize a Given the extensive joint analysis of
impede the use or disclosure of PNR method of pushing the necessary PNR the Undertakings conducted in
data in any criminal judicial data that meets the agency’s needs for September 2005 and the expiration of
proceedings or as otherwise required by effective risk assessment, taking into the agreement prior to the next Joint
law’’ and allows DHS to ‘‘advise the account the economic impact upon air Review, the question of how and
European Commission regarding the carriers. whether to conduct a joint review in
passage of any U.S. legislation which In determining when the initial push 2007 will be addressed during the
materially affects the statements made of data is to occur, DHS has discretion discussions regarding a future
in these Undertakings’’), the U.S. has to obtain PNR more than 72 hours prior agreement.
now advised the EU that the to the departure of a flight so long as
implementation of the Information action is essential to combat an offense Data Elements
Sharing Environment required by the enumerated in Paragraph 3. The frequent flyer field may offer
Act and the Executive Order described Additionally, while there are instances addresses, telephone numbers, e-mail
above may be impeded by certain in which the U.S. government may have addresses; all of these, as well as the
provisions of the Undertakings that specific information regarding a frequent flyer number itself, may
restrict information sharing among U.S. particular threat, in most instances the provide crucial evidence of links to
agencies, particularly all or portions of available intelligence is less definitive terrorism. Similarly, information about
paragraphs 17, 28, 29, 30, 31, and 32. and may require the casting of a broader the number of bags carried by a
In light of these developments and in net to try and uncover both the nature passenger may have value in a
accordance with what follows, the of the threat and the persons involved. counterterrorism context. The
Undertakings should be interpreted and Paragraph 14 is therefore understood to Undertakings authorize DHS to add data
applied so as to not impede the sharing permit access to PNR outside of the 72 elements to the 34 previously set forth
of PNR data by DHS with other hour mark when there is an indication in Attachment ‘‘A’’ of the Undertakings,
authorities of the U.S. government that early access is likely to assist in if such data is necessary to fulfill the
responsible for preventing or combating responding to a specific threat to a purposes set forth in paragraph 3.
of terrorism and related crimes as set flight, set of flights, route, or other With this letter the U.S. has consulted
forth in Paragraph 3 of the circumstances associated with offenses under Paragraph 7 with the EU in
Undertakings. described in Paragraph 3 of the connection with item 11 of Attachment
DHS will therefore facilitate the Undertakings. In exercising this A regarding DHS’s need to obtain the
disclosure (without providing discretion, DHS will act judiciously and frequent flier number and any data
unconditional direct electronic access) with proportionality. element listed in Attachment A to the
of PNR data to U.S. government DHS will move as soon as practicable Undertakings wherever that element
authorities exercising a counter- to a push system for the transfer of PNR may be found.
terrorism function that need PNR for the data in accordance with the
purpose of preventing or combating Undertakings and will carry out no later Vital Interests of the Data Subject or
terrorism and related crimes in cases than the end of 2006 the necessary tests Others
(including threats, flights, individuals, for at least one system currently in Recognizing the potential importance
and routes of concern) that they are development if DHS’s technical of PNR data in the context of infectious
examining or investigating. DHS will requirements are satisfied by the design disease and other risks to passengers,
ensure that such authorities respect to be tested. Without derogating from DHS reconfirms that access to such
comparable standards of data protection the Undertakings and in order to avoid information is authorized by paragraph
to that applicable to DHS, in particular prejudging the possible future needs of 34, which provides that the
in relation to purpose limitation, data the system any filters employed in a Undertakings must not impede the use
retention, further disclosure, awareness push system, and the design of the of PNR for the protection of the vital
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and training, security standards and system itself must permit any PNR data interests of the data subject or of other
sanctions for abuse, and procedures for in the airline reservation or departure persons or inhibit the direct availability
information, complaints and control systems to be pushed to DHS in of PNR to relevant authorities for the
rectification. Prior to commencing exceptional circumstances where purposes set forth in Paragraph 3 of the
facilitated disclosure, each receiving augmented disclosure is strictly Undertakings. ‘‘Vital interests’’
authority will confirm in writing to DHS necessary to address a threat to the vital encompasses circumstances in which

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Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Notices 351

the lives of the data subject or of others Program-Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation
could be at stake and includes access to Assistance Grants; 97.039, Hazard Mitigation Grant Program.)
information necessary to ensure that Grant Program.)
R. David Paulison,
those who may carry or may have been R. David Paulison, Under Secretary for Federal Emergency
exposed to a dangerous communicable Management and Director of FEMA.
disease can be readily identified, Under Secretary for Federal Emergency
Management and Director of FEMA. [FR Doc. E6–22519 Filed 1–3–07; 8:45 am]
located, and informed without delay.
Such data will be protected in a manner [FR Doc. E6–22520 Filed 1–3–07; 8:45 am] BILLING CODE 9110–10–P

commensurate with its nature and used BILLING CODE 9110–10–P

strictly for the purposes for which it was


accessed. DEPARTMENT OF THE INTERIOR
DEPARTMENT OF HOMELAND
Sincerely yours, SECURITY Geological Survey
Stewart Baker,
Assistant Secretary for Policy. Federal Emergency Management Notice of an Open Meeting of the
[FR Doc. 06–9980 Filed 1–3–07; 8:45 am] Agency Advisory Committee on Water
Information (ACWI)
BILLING CODE 9114–14–P
[FEMA–1671–DR] SUMMARY: Notice is hereby given of the
2007 annual meeting of the ACWI. This
DEPARTMENT OF HOMELAND Washington; Amendment No. 1 to meeting is to discuss broad policy-
SECURITY Notice of a Major Disaster Declaration related topics relating to national water
initiatives; and the development and
Federal Emergency Management AGENCY:Federal Emergency dissemination of water information,
Agency Management Agency, DHS. through reports from eight ACWI
[FEMA–1670–DR] ACTION: Notice. subgroups. The agenda will include an
update on the next phase of the National
New York; Amendment No. 1 to Notice Water Quality Monitoring Network for
of a Major Disaster Declaration SUMMARY: This notice amends the notice
U.S. Coastal Waters and their
of a major disaster declaration for the
AGENCY: Federal Emergency Tributaries, as well as consideration of
State of Washington (FEMA–1671–DR),
Management Agency, DHS. a proposed new Subcommittee on
dated December 12, 2006, and related
Ground Water. The ACWI has been
ACTION: Notice. determinations.
established under the authority of the
SUMMARY: This notice amends the notice DATES: Effective Date: December 22, Office of Management and Budget
of a major disaster declaration for the 2006. Memorandum M92–01 and the Federal
State of New York (FEMA–1670–DR), Advisory Committee Act. The purpose
FOR FURTHER INFORMATION CONTACT: of the ACWI is to provide a forum for
dated December 12, 2006, and related
determinations. Magda Ruiz, Recovery Division, Federal water information users and
Emergency Management Agency, professionals to advise the Federal
DATES: Effective Date: December 22, Washington, DC 20472, (202) 646–2705. Government of activities and plans that
2006. may improve the effectiveness of
SUPPLEMENTARY INFORMATION: The notice
FOR FURTHER INFORMATION CONTACT: of a major disaster declaration for the meeting the Nation’s water information
Magda Ruiz, Recovery Division, Federal State of Washington is hereby amended needs. Member organizations help to
Emergency Management Agency, to include the Public Assistance foster communications between the
Washington, DC 20472, (202) 646–2705. program for the following areas among Federal and non-Federal sectors on
SUPPLEMENTARY INFORMATION: The notice those areas determined to have been sharing water information.
of a major disaster declaration for the Membership represents a wide range
adversely affected by the catastrophe
State of New York is hereby amended to of water resources interests and
declared a major disaster by the
include the Individual Assistance functions. Representation on the ACWI
President in his declaration of December
program for the following areas among includes all levels of government,
12, 2006:
those areas determined to have been academia, private industry, and
Chelan, Jefferson, and Pacific Counties for professional and technical societies.
adversely affected by the catastrophe Public Assistance. Cowlitz, Grays Harbor,
declared a major disaster by the Member organizations designate their
King, Lewis, Pierce, Skagit, Skamania, representatives and alternates.
President in his declaration of December Snohomish, and Wahkiakum Counties for
12, 2006: Membership is limited to a maximum of
Public Assistance (already designated for 35 organizations.
Broome and Chenango Counties for Individual Assistance.)
DATES: The formal meeting will convene
Individual Assistance (already designated for (The following Catalog of Federal Domestic
Public Assistance.) at 8:30 a.m. on January 17, 2007, and
Assistance Numbers (CFDA) are to be used will adjourn on January 18, 2007 at 4:30
(The following Catalog of Federal Domestic for reporting and drawing funds: 97.030,
Assistance Numbers (CFDA) are to be used p.m.
Community Disaster Loans; 97.031, Cora
for reporting and drawing funds: 97.030, ADDRESSES: Crowne Plaza Dulles
Brown Fund Program; 97.032, Crisis
Community Disaster Loans; 97.031, Cora
Counseling; 97.033, Disaster Legal Services Airport, 2200 Centreville Road,
Brown Fund Program; 97.032, Crisis Herndon, Virginia 20170.
Program; 97.034, Disaster Unemployment
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Counseling; 97.033, Disaster Legal Services


Assistance (DUA); 97.046, Fire Management FOR FURTHER INFORMATION CONTACT: Ms.
Program; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Toni M. Johnson (Executive Secretary),
Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Chief, Water Information Coordination
Households Housing; 97.049, Individuals and Households Disaster Housing Operations; Program, U.S. Geological Survey, 12201
Households Disaster Housing Operations; 97.050 Individuals and Households Sunrise Valley Drive, MS 417 National
97.050, Individuals and Households Program—Other Needs, 97.036, Public Center, Reston, VA 20192. Telephone:

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