Sorn

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Response: DHS agrees that there is
currently no central database that allows
the public to determine that an
individual has already undergone
screening by the Department.
Comment: One commenter was
troubled by the information pertaining
to RBPS–12 contained in Appendix C of
the May 2009 Risk-Based Performance
Standards Guidance (http://www.dhs.
gov/xlibrary/assets/chemsec_cfats_risk
based_performance_standards.pdf),
because the commenter believes that
certain types of measures, procedures,
policies, and plans mentioned in
Appendix C are not appropriate for
determining if chemical facility
personnel are terrorist threats.
Response: The Department expects
high-risk chemical facilities to
implement appropriate security
measures to conduct identity, criminal
history, and legal authorization to work
background checks. These security
measures can vary from facility to
facility commensurate with facilityspecific risks, security issues, and
business practices. The guidance
referenced by the commenter (see pages
180 to 186 of the Risk-Based
Performance Standards Guidance), and
other guidance addressing identity,
criminal history, and legal authorization
to work background checks, however, is
not guidance addressing compliance
with 6 CFR 27.230(a)(12)(iv), and as
such is not the subject of this notice, nor
is it the subject of the underlying ICR or
of the 30- or 60-day notices preceding
this notice.
Comment: One commenter requested
that the Department clarify what appeal
or waiver options an affected individual
has if his/her employer takes an adverse
employment action against him/her
based on RBPS–12 background checks
or based on information received or
obtained under the CFATS Personnel
Surety Program. The commenter also
requested that the Department prevent
high-risk chemical facilities from using
personal information collected from
affected individuals as part of RBPS–12
for purposes other than conducting the
background checks required by RBPS–
12.
Response: High risk chemical
facilities’ employment actions are not
regulated by CFATS.
The ICR the Department will submit
to OMB, this notice, the 60-day notice,
and the 30-day notice address the
CFATS Personnel Surety Program, not
the identity, legal authorization to work,
and criminal history background checks
required by 6 CFR 230(a)(12)(i)–(iii).
Discussion of information collected as
part of those other three background
checks, or employment decisions based

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on them, is beyond the scope of this
notice.
Conclusion
As mentioned in the summary section
of this notice, DHS has submitted an
ICR to OMB for review and clearance in
accordance with the Paperwork
Reduction Act of 1995. This notice
responds to comments received during
the 30-day notice.
Prior to implementation of the CFATS
Personnel Surety Program, the
Department will also publish a Privacy
Impact Assessment (PIA) about the
CFATS Personnel Surety Program,
available on the Department’s Web page
at http://www.dhs.gov/privacy and
http://www.dhs.gov/chemicalsecurity.
The Department will also publish a
System of Records Notice (SORN) for
the CFATS Personnel Surety Program,
and a Notice of Proposed Rulemaking
proposing to take certain Privacy Act
exemptions for the CFATS Personnel
Surety Program System of Records.
The Department will also publish a
notice, and/or send notice to high-risk
chemical facilities individually, stating
that the CFATS Personnel Surety
Program has been implemented. In that
notice, the Department will include
description of how the CFATS
Personnel Surety Program will be
implemented, as well as the information
submission schedule high-risk chemical
facilities will be required to follow. The
notice will also describe how a high-risk
chemical facility can request a variance
from the submission schedule.
Analysis
Agency: Department of Homeland
Security, National Protection and
Programs Directorate, Office of
Infrastructure Protection, Infrastructure
Security Compliance Division.
Title: CFATS Personnel Surety
Program.
Form: DHS Form 11000–29.
OMB Number: 1670–NEW.
Frequency: As required by a DHSapproved schedule.
Affected Public: High-risk chemical
facilities as defined in 6 CFR Part 27,
high-risk chemical facility personnel,
and as appropriate, unescorted visitors
with access to restricted areas or critical
assets.
Number of Respondents: 1,303,700
individuals.
Estimated Time per Respondent: 0.54
hours (32.4 minutes).
Total Burden Hours: 707,200 annual
burden hours.
Total Burden Cost (capital/startup):
$0.00.
Total Burden Cost (operating/
maintaining): $29,704,000.

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Signed: June 6, 2011.
David Epperson,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. 2011–14382 Filed 6–13–11; 8:45 am]
BILLING CODE 9110–9–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0032]

Privacy Act of 1974; Department of
Homeland Security/National Protection
and Programs Directorate—002
Chemical Facility Anti-Terrorism
Standards Personnel Surety Program
System of Records
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new system of records notice
titled, ‘‘Department of Homeland
Security/National Protection and
Programs Directorate—002 Chemical
Facility Anti-Terrorism Standards
Personnel Surety Program System of
Records.’’ This new system of records
collects information on individuals,—
facility personnel and unescorted
visitors—who have or are seeking access
to restricted areas and critical assets at
high risk chemical facilities and
compares this information to the
Terrorist Screening Database, the
terrorist watchlist maintained by the
Federal Bureau of Investigation’s
Terrorist Screening Center. The
Department of Homeland Security is
issuing a Notice of Proposed
Rulemaking concurrently with this
system of records elsewhere in the
Federal Register to exempt portions of
the system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. This newly
established system of records will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
July 14, 2011. This system will be
effective July 14, 2011.
ADDRESSES: You may submit comments,
identified by docket number [DHS–
2011–0032] by one of the following
methods:
• Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:

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• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, 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
general questions please contact: Emily
Andrew (703–235–2182), Privacy
Officer, National Protection and
Programs Directorate, Department of
Homeland Security, Washington, DC
20528. For privacy issues please
contact: Mary Ellen Callahan (703–235–
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS)/National
Protection and Programs Directorate
(NPPD) proposes to establish a DHS
system of records titled, ‘‘DHS/NPPD—
002 Chemical Facility Anti-Terrorism
Standards Personnel Surety Program
System of Records.’’
On October 4, 2006, the President
signed the DHS Appropriations Act of
2007 (the Act), Public Law 109–295.
Section 550 of the Act (Section 550)
provides DHS with the authority to
regulate the security of high-risk
chemical facilities. DHS has
promulgated regulations implementing
Section 550, the Chemical Facility AntiTerrorism Standards (CFATS), 6 CFR
part 27.
Section 550 requires that DHS
establish Risk Based Performance
Standards (RBPS) as part of CFATS.
RBPS–12 (6 CFR 27.230(a)(12)(iv))
requires that regulated chemical
facilities implement ‘‘measures
designed to identify people with
terrorist ties.’’ The ability to identify
individuals with terrorist ties is an
inherently governmental function and
requires the use of information held in
government-maintained databases,
which are unavailable to high-risk
chemical facilities. Therefore, DHS is
implementing the CFATS Personnel
Surety Program, which will allow
chemical facilities to comply with
RBPS–12 by implementing ‘‘measures

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designed to identify people with
terrorist ties.’’
The CFATS Personnel Surety Program
will work with the DHS Transportation
Security Administration (TSA) to
identify individuals who have terrorist
ties by vetting information submitted by
each high-risk chemical facility against
the Terrorist Screening Database
(TSDB). The TSDB is the Federal
government’s consolidated and
integrated terrorist watchlist of known
and suspected terrorists, maintained by
the Department of Justice (DOJ) Federal
Bureau of Investigation’s (FBI) Terrorist
Screening Center (TSC). For more
information on the TSDB, see DOJ/FBI—
019 Terrorist Screening Records System,
72 FR 47073 (August 22, 2007).
High-risk chemical facilities or their
designees will submit the information
of: (1) Facility personnel who have or
are seeking access, either unescorted or
otherwise, to restricted areas or critical
assets; and (2) unescorted visitors who
have or are seeking access to restricted
areas or critical assets. These persons,
about whom high-risk chemical
facilities and facilities’ designees will
submit information to DHS, are referred
to in this notice as ‘‘affected
individuals.’’ Individual high-risk
facilities may classify particular
contractors or categories of contractors
either as ‘‘facility personnel’’ or as
‘‘visitors.’’ This determination should be
a facility-specific determination, and
should be based on facility security,
operational requirements, and business
practices.
Information will be submitted to
DHS/NPPD through the Chemical
Security Assessment Tool (CSAT), the
online data collection portal for CFATS.
The high-risk chemical facility or its
designees will submit the information of
affected individuals to DHS through
CSAT. The submitters of this
information (‘‘Submitters’’) for each
high-risk chemical facility will also
affirm, to the best of their knowledge,
that the information is: (1) True, correct,
and complete; and (2) collected and
submitted in compliance with the
facility’s Site Security Plan (SSP) or
Alternative Security Program (ASP), as
reviewed and authorized and/or
approved in accordance with 6 CFR
27.245. The Submitter(s) of each highrisk chemical facility will also affirm
that, in accordance with their Site
Security Plans, notice required by the
Privacy Act of 1974, 5 U.S.C. § 552a, has
been given to affected individuals before
their information is submitted to DHS.
DHS will send a verification of receipt
to the Submitter(s) of each high-risk
chemical facility when a high-risk
chemical facility: (1) Submits

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information about an affected individual
for the first time; (2) submits additional,
updated, or corrected information about
an affected individual; and/or (3)
notifies DHS that an affected individual
no longer has or is seeking access to that
facility’s restricted areas or critical
assets.
Upon receipt of each affected
individual’s information in CSAT, DHS/
NPPD will send a copy of the
information to DHS/TSA. Within DHS/
TSA, the Office of Transportation Threat
Assessment and Credentialing (TTAC)
conducts vetting against the TSDB for
several DHS programs. DHS/TSA/TTAC
will compare the information of affected
individuals collected by DHS (via
CSAT) to information in the TSDB.
DHS/TSA/TTAC will forward potential
matches to the DOJ/FBI/TSC, which will
make a final determination of whether
an individual’s information is identified
as a match to a record in the TSDB.
In certain instances, DHS/NPPD may
contact a high-risk chemical facility to
request additional information (e.g., visa
information) pertaining to particular
individuals in order to clarify suspected
data errors or resolve potential matches
(e.g., in situations where an affected
individual has a common name). Such
requests will not imply, and should not
be construed to indicate that an
individual’s information has been
confirmed as a match to a TSDB record.
DHS/NPPD may also conduct data
accuracy reviews and audits as part of
the CFATS Personnel Surety Program.
Such reviews may be conducted on
random samples of affected individuals.
To assist with this activity, DHS/NPPD
may request information pertaining to
affected individuals that was previously
provided to DHS/NPPD by high-risk
chemical facilities, in order to confirm
the accuracy of that information.
Consistent with the Department’s
information sharing mission,
information stored in the DHS/NPPD—
002 Chemical Facility Anti-Terrorism
Standards Personnel Surety Program
System of Records may be shared with
other DHS components, as well as
appropriate Federal, state, local, Tribal,
foreign, or international government
agencies. This sharing will only take
place after DHS determines that the
receiving component or agency has a
need to know the information to carry
out national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM)
concurrently with this system of
records, to be published elsewhere in

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the Federal Register, to exempt portions
of the system of records from provisions
of the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
This newly established system of
records will be included in the
Department’s inventory of record
systems.

SECURITY CLASSIFICATION:

II. Privacy Act

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

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 individuals’ records. 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
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act,
individuals are defined to encompass
United States citizens and lawful
permanent residents. 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
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals to more easily find such
records within the agency. Below is the
description of the DHS/NPPD—002
Chemical Facility Anti-Terrorism
Standards Personnel Surety Program
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records
DHS/NPPD—002
SYSTEM NAME:

DHS/NPPD—002 Chemical Facility
Anti-Terrorism Standards Personnel
Surety Program System of Records.

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Unclassified, sensitive, law
enforcement sensitive, for official use
only, and classified.
SYSTEM LOCATION:

Records are maintained at DHS and
Component headquarters in
Washington, DC, and at field offices.

(1) High-risk chemical facility
personnel and unescorted visitors who
have or are seeking access to restricted
areas or critical assets at high-risk
chemical facilities (see 6 CFR
27.230(a)(12));
(2) High-risk chemical facility
personnel or designees who contact
DHS/NPPD or a Federal law
enforcement entity with follow-up
questions regarding submission of an
individual’s information to DHS/NPPD;
(3) Individuals listed in the TSDB
against whom potential or confirmed
matches have been made; and
(4) Individuals who have been or seek
to be distinguished from individuals in
the TSDB through redress or other
means as a result of the Personnel
Surety Program.
CATEGORIES OF RECORDS IN THE SYSTEM:

(1) High-risk chemical facilities are
required to submit the following
information on all facility personnel and
unescorted visitors who have or are
seeking access to restricted areas or
critical assets:
a. U.S. Citizens and Lawful
Permanent Residents
i. Full name;
ii. Date of birth; and
iii. Citizenship or Gender.
b. Non-U.S. persons
i. Full name;
ii. Date of birth;
iii. Citizenship; and
iv. Passport information and/or alien
registration number.
(2) To reduce the likelihood of false
positives in matching against the TSDB,
high-risk chemical facilities may also
(optionally) submit the following
information on facility personnel and
unescorted visitors who have or are
seeking access to restricted areas or
critical assets:
a. Aliases;
b. Gender (for Non-U.S. persons);
c. Place of birth; and
d. Redress Number.
(3) High-risk chemical facilities may
submit different information on
individuals who maintain DHS
screening program credentials or
endorsements that require TSDB checks
equivalent to the checks to be performed

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as part of the CFATS Personnel Surety
Program. Instead of submitting the
information listed in category (1), above,
high risk chemical facilities may submit
the following information for such
individuals:
a. Full name;
b. Date of birth;
c. Name of the DHS program which
conducts equivalent vetting against the
TSDB, such as the Transportation
Worker Identification Credential (TWIC)
program or the Hazardous Materials
Endorsement (HME) program;
d. Unique number, or other program
specific verifying information associated
with a DHS screening program,
necessary to verify an individual’s
enrollment, such as TWIC Serial
Number for the TWIC program, or
Commercial Driver’s License (CDL)
Number and CDL issuing state(s) for the
HME program; and
e. Expiration date of the credential
endorsed or issued by the DHS
screening program.
This alternative is optional—high-risk
chemical facilities may either submit
the information listed in category (1) for
such individuals, or may submit the
information listed in category (3) for
such individuals.
(4) When high-risk chemical facilities
choose to submit the information listed
in category (3), above, they may also
(optionally) submit the following
information on facility personnel and
unescorted visitors who have or are
seeking access to restricted areas or
critical assets:
a. Aliases;
b. Place of Birth;
c. Gender;
d. Citizenship; and
e. Redress Number.
(5) DHS could collect additional
identifying information from a high-risk
chemical facility, as necessary to
confirm or clear a potential match to a
TSDB record. Information collected by
high-risk chemical facilities and
submitted to DHS for this purpose could
include any information listed in
categories (1) through (4), passport
information, visa information, driver’s
license information, or other available
identifying particulars, used to compare
the identity of an individual being
screened with information listed in the
TSDB;
(6) In the event that a confirmed
match is identified as part of the CFATS
Personnel Surety Program, in addition
to other records listed under the
categories of records section of this
SORN, DHS will obtain references to
and/or information from other
government law enforcement and

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intelligence databases, or other relevant
databases that may contain terrorism
information;
(7) Information necessary to assist in
tracking submissions and transmission
of records, including electronic
verification that DHS has received a
particular record; and
(8) Information provided by
individuals covered by this system in
support of any redress request,
including DHS Redress Numbers and/or
any of the above categories of records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

DHS Appropriations Act of 2007,
Section 550, Public Law 109–295, 120
Stat. 1355 (October 4, 2006), as
amended; and the Chemical Facility
Anti-Terrorism Standards, 6 CFR part 27
(published April 9, 2007), as amended.
PURPOSE(S):

Information is collected to identify
persons listed in the TSDB, who have or
are seeking access to restricted areas or
critical assets at high-risk chemical
facilities.

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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), 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 Department of Justice
(including United States 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 any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where the
Department of Justice or DHS has agreed
to represent the employee; or
4. The United States, or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from 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

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government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose 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. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department 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 DHS or another agency or
entity) or harm to the individual that
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, state,
Tribal, territorial, local, international, or
foreign law enforcement agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
H. To Federal, state, local, Tribal,
territorial, foreign, multinational, or
private sector entities as appropriate to
assist in coordination of terrorist threat
awareness, assessment, analysis or
response.

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I. To an appropriate Federal, state,
Tribal, local, international, or foreign
agency or other appropriate authority
regarding individuals who pose, or are
suspected of posing a risk to national
security.
J. To an appropriate Federal, state,
Tribal, local, international, foreign
agency, other appropriate governmental
entities or authority to:
1. Determine whether an individual is
a positive identity match to an identity
in the TSDB;
2. Facilitate operational, law
enforcement, or intelligence responses,
if appropriate, when vetted individuals’
identities match identities in the TSDB;
3. Provide information and analysis
about terrorist encounters and known or
suspected terrorist associates to
appropriate domestic and foreign
government agencies and officials for
counterterrorism purposes; or
4. Perform technical implementation
functions necessary for the CFATS
Personnel Surety Program.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records may be maintained at secured
government facilities, Federal contractor
locations, or locations of other parties
that perform functions related to the
CFATS Personnel Surety Program.
Records are stored on magnetic disc,
tape, digital media, and CD–ROM, and
may also be retained in hard copy
format in secure file folders or safes.
RETRIEVABILITY:

Records are retrievable by searching
any of the categories of records listed
above. Records may also be retrievable
by relevant chemical facility name,
chemical facility location, chemical
facility contact information, and by
other facility-specific data points.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer systems containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.

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RETENTION AND DISPOSAL:

A proposed schedule for the retention
and disposal of records collected under
the DHS/NPPD—002 Chemical Facility
Anti-Terrorism Standards Personnel
Surety Program System of Records is
being developed by the DHS and NPPD
Offices of Records Management for
approval by the National Archives and
Records Administration (NARA).
The length of time DHS/NPPD will
retain information on individuals will
be dependent on individual TSDB
vetting results. Specifically, individuals’
information will be retained as
described below, based on the
individuals’ placements into three
categories:
(1) Information pertaining to an
individual who is not a potential or
confirmed match to a TSDB record will
be retained for one year after a high-risk
chemical facility has notified NPPD that
the individual no longer has or is
seeking access to the restricted areas or
critical assets of the facility;
(2) Information pertaining to an
individual who may originally have
appeared to be a match a TSDB record,
but who was subsequently determined
not to be a match, will be retained for
seven years after completion of TSDB
matching, or one year after the high-risk
chemical facility that submitted that
individual’s information has notified
DHS/NPPD that the individual no
longer has or is seeking access to the
restricted areas or critical assets of the
facility, whichever is later; and
(3) Information pertaining to an
individual who is a positive match to a
TSDB record will be retained for ninetynine years after completion of matching
activity, or seven years after DHS/NPPD
learns that the individual is deceased,
whichever is earlier.
DHS/TSA/TTAC will maintain
records within its possession in
accordance with the DHS/TSA–002—
Transportation Security Threat
Assessment System of Records, 75 FR
28046 (May 19, 2010). DHS/CBP will
maintain records in its possession in
accordance with the DHS/CBP–002—
Global Enrollment System of Records,
71 FR 20708 (April 21, 2006).
DHS/NPPD will also retain records to
conduct inspections or audits under 6
CFR 27.245 and 6 CFR 27.250 to ensure
that high-risk chemical facilities are in
compliance with CFATS. These records
could include the names of individuals
with access to high-risk chemical
facilities’ restricted areas and critical
assets, the periods of time during which
high-risk chemical facilities indicate
that such individuals have/had access,
and any other information listed
elsewhere in this notice, as appropriate.

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The retention periods for these
records provide reasonable amounts of
time for law enforcement, intelligence,
or redress matters involving individuals
who have or are seeking access to
restricted areas or critical assets at highrisk chemical facilities.

RECORD ACCESS PROCEDURES:

SYSTEM MANAGER AND ADDRESS:

CFATS Personnel Surety Program
Manager, 250 Murray Lane, SW., Mail
Stop 0610, Washington, DC 20528.
The Secretary of Homeland Security
is proposing to exempt this system from
the notification, access, and amendment
procedures of the Privacy Act. DHS/
NPPD, however, will consider
individual requests to determine
whether or not information may be
released. Individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the DHS/
NPPD Freedom of Information Act
(FOIA) Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
Department system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
about you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe records
containing information about you would
have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.

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See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.

NOTIFICATION PROCEDURE:

PO 00000

Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.

RECORD SOURCE CATEGORIES:

Information is primarily obtained
from high-risk chemical facilities and
their designees. High-risk chemical
facilities shall provide notice to each
affected individual prior to submission
of the affected individual’s information
to DHS/NPPD. This will include notice
that additional information may be
requested after the initial submission.
Information may also be obtained from
other DHS programs when DHS verifies
enrollment of an affected individual in
another vetting or credentialing
program. Information may also be
obtained from the DOJ/FBI—019
Terrorist Screening Records System, 72
FR 47073 (August 22, 2007), or from
other FBI sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

Concurrently with publication of this
system of records notice, the Secretary
of Homeland Security is publishing a
notice of proposed rulemaking
proposing to exempt this system from
the following provisions of the Privacy
Act, subject to the limitations set forth
therein: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
These exemptions are made pursuant to
5 U.S.C. 552a(k)(1) and (k)(2).
Further, DHS derivatively claims
some exemptions for this system of
records because it may contain records
or information recompiled from or
created from information contained in
the TSDB. For more information on the
FBI’s Terrorist Screening Records
System, see DOJ/FBI—019 Terrorist
Screening Records System, 72 FR 47073
(August 22, 2007).
DHS does not claim any exemptions
for the information high-risk chemical
facilities (or their designees) submit to
DHS as part of this system of records.
Dated: June 6, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–14383 Filed 6–13–11; 8:45 am]
BILLING CODE 9110–9P–P

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