8096 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0140] 

Privacy Act of 1974; Department of 

Homeland Security Transportation 

Security Administration—023 

Workplace Violence Prevention 

Program System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to 

establish a new system of records titled, 

‘‘Department of Homeland Security/ 

Transportation Security 

Administration—023 Workplace 

Violence Prevention Program System of 

Records.’’ This system will allow the 

Transportation Security Administration 

to collect and maintain records on their 

Workplace Violence Prevention 

Program. Additionally, the Department 

of Homeland Security is issuing a 

Notice of Proposed Rulemaking 

concurrent with this system of records 

elsewhere in the Federal Register. This 

newly established system will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

March 25, 2010. This new system will 

be effective March 25, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0140 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov.Follow the 

instructions for submitting comments. 

• 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 FURTHER INFORMATION CONTACT: For 

general questions please contact: Peter 

Pietra (tsaprivacy@dhs.gov), Director, 

Privacy Policy & Compliance, TSA–036, 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA 

20598–6036. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, U.S. Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Homeland 

Security (DHS) Transportation Security 

Administration (TSA) is establishing a 

new system of records under the Privacy 

Act (5 U.S.C. 552a) titled, DHS/TSA– 

023 Workplace Violence Prevention 

Program System of Records. The system 

will cover records regarding current and 

former employees and contractors of 

TSA and members of the public who 

have been involved in workplace 

violence at TSA facilities, or while on 

or because of their official duty, or who 

are being or have been assisted or 

counseled by the TSA Workplace 

Violence Prevention Program. Records 

include acts, remarks, or gestures that 

communicate a threat of harm or 

otherwise cause concern for the safety of 

any individual at TSA facilities or while 

on or because of their official duty. 

These records may include identifying 

information, information documenting 

workplace violence, and actions taken 

by the Workplace Violence Prevention 

Program or TSA. The program provides 

oversight and management of potential 

or actual incidents of violence in the 

workplace. It provides assistance to 

affected individuals, guidance on 

prevention and response to workplace 

violence, analyzes data as needed, and 

provides training. 

Additionally, DHS is issuing a Notice 

of Proposed Rulemaking (NPRM) 

concurrent with this system of records 

elsewhere in the Federal Register. This 

newly established system will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates 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, an 

individual is defined to encompass 

United States citizens and legal 

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 that each 

agency publish in the Federal Register 

a description denoting the type and 

character of each system of records in 

order to make agency recordkeeping 

practices transparent, to notify 

individuals about the use of their 

records, and to assist the individual to 

more easily find files within the agency. 

Below is a description of the DHS/TSA– 

023 Workplace Violence Prevention 

Program System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this new 

system of records to the Office of 

Management and Budget and to the 

Congress. 

SYSTEM OF RECORDS: 

DHS/TSA–023 

SYSTEM NAME: 

Transportation Security 

Administration Workplace Violence 

Prevention Program System of Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at TSA 

Headquarters in Arlington, Virginia and 

field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: Current and former 

employees and contractors of TSA and 

members of the public who have been 

involved in workplace violence at TSA 

facilities, or while on or because of their 

official duty, or who are being or have 

been assisted or counseled by their 

Workplace Violence Prevention 

Program. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Individual’s full name; 

• Date of birth; 

• Social Security number; 

• Work and home address; 

• Work, home and cell numbers; 

• Job title, duty station and work 

shift; 

• Leave and attendance records; 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8097 

• Performance records; 

• Supervisor’s name and contact 

information; 

• Investigative reports including: 

Æ Documentation of alleged 

inappropriate behavior; 

Æ Video or audio recordings; or 

Æ Photographs; 

Æ Court records; 

Æ Documentation of management or 

local assessment and response team 

actions. 

• Medical or mental health records 

including: 

Æ Evaluations or reports; 

Æ Attendance at treatment or 

counseling programs; or 

Æ Substance abuse records and 

prognosis. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 44 U.S.C. 3101; Aviation 

and Transportation Security Act, Public 

Law 107–71; 5 U.S.C. 7361, 7362, 7901, 

7904; 42 U.S.C. 290dd–2; Executive 

Order 9397; and Executive Order 12564. 

PURPOSE(S): 

This record system will maintain 

information gathered by and in the 

possession of the Workplace Violence 

Prevention Program, an internal TSA 

program designed to prevent and 

respond to workplace violence. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Note: Records of identity, diagnosis, 

prognosis, or treatment of any client/patient, 

irrespective of whether or when he/she 

ceases to be a client/patient, maintained in 

connection with the performance of any 

alcohol or drug abuse prevention and 

treatment function conducted, regulated or 

directly or indirectly assisted by any 

department or agency of the United States, 

shall, except as provided therein, be 

confidential and be disclosed only for the 

purposes and under the circumstances 

expressly authorized in 42 U.S.C. 290dd–2. 

This statute takes precedence over the 

Privacy Act of 1974 in regard to accessibility 

of such records except to the individual to 

whom the record pertains. The routine uses 

listed below do not apply to these types of 

records. 

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, 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 

government agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

D. 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. 

E. To appropriate state and local 

authorities to report, under state law, 

incidents of suspected child abuse or 

neglect to the extent described under 42 

CFR 2.12. 

F. To any individual or entity, 

including medical or mental health 

personnel or law enforcement, when an 

individual poses a risk of harm to 

himself/herself or others, or when 

relevant to medical or mental health 

counseling, treatment or evaluation. 

G. To the appropriate federal, state, 

local, tribal, or foreign governmental 

agencies or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, license, or treaty 

where DHS determines that the 

information would assist in the 

enforcement of civil or criminal laws. 

H. To designated officers and 

employees of federal, state, local, or 

international agencies in connection 

with the hiring or continued 

employment of an individual, the 

conduct of a suitability or security 

investigation of an individual, the grant, 

renewal, suspension, or revocation of a 

security clearance, or the certification of 

security clearances, to the extent that 

DHS determines the information is 

relevant and necessary to the agency’s 

decision. 

I. To airport operators, aircraft 

operators, maritime and surface 

transportation operators, indirect air 

carriers, and other facility operators on 

individuals who are their employees, 

prospective employees (job applicants), 

contractors, or persons to whom they 

issue identification credentials or grant 

clearances to secured areas in 

transportation facilities when relevant 

to such employment, application, 

contract, or the issuance of such 

credentials or clearances. 

J. To a court, magistrate, or 

administrative tribunal where a federal 

agency is a party to the litigation or 

administrative proceeding in the course 

of presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations, or in connection with 

criminal law proceedings. 

K. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information except to the extent it is 

determined that release of the specific 

information in the context of a 

particular case would constitute an 

unwarranted invasion of personal 

privacy or a risk to transportation or 

national security. 

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 on paper, 

audio and video recordings, and in 

computer-accessible storage media. 

Records may also be stored on 

microfiche and roll microfilm. Records 

that are sensitive or classified are 

safeguarded in accordance with agency 

procedures, and applicable Executive 

Orders and statutes. 

RETRIEVABILITY: 

Data may be retrieved by an 

individual’s name, social security 

number, date of birth, and/or other 

personal identifier related to his/her 

specific case. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

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8098 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

information that is being stored. Access 

to the computer system 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. 

RETENTION AND DISPOSAL: 

The Department is proposing to retain 

records for seven years after 

administrative action has been taken. 

Records associated with this system will 

be maintained until the National 

Archives and Records Administration 

has approved the proposed records 

disposition schedule. 

SYSTEM MANAGER AND ADDRESS: 

Program Manager, National 

Workplace Violence Prevention, 

TSA–18, Transportation Security 

Administration, 601 S. 12th St., 

Arlington, VA 20598–6018. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

TSA 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 TSA 

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, 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 

on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records 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. 

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 ACCESS PROCEDURES: 

Same as ‘‘Notification procedure’’ 

above. Provide your full name and a 

description of information that you 

seek, including the time frame during 

which the record(s) may have been 

generated. Individuals requesting access 

must comply with the Department of 

Homeland Security Privacy Act 

regulations on verification of identity (6 

CFR 5.21(d)). 

CONTESTING RECORD PROCEDURES: 

Same as ‘‘Notification procedure’’ and 

‘‘Record Access Procedure,’’ above. 

RECORD SOURCE CATEGORIES: 

Information originates from personnel 

seeking assistance, TSA and its offices, 

counselors, treatment facilities, and 

coworkers. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted portions of this system 

from the following provisions of the 

Privacy Act, subject to the limitations 

set forth in (c)(3); (d); (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I); and (f) of the Privacy 

Act pursuant to 5 U.S.C. 552a(k)(2). 

Dated: January 21, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3401 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–3307– 

EM; Docket ID FEMA–2010–0002] 

Arizona; Amendment No. 1 to Notice of 

an Emergency Declaration 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of an emergency declaration for the 

State of Arizona (FEMA–3307–DR), 

dated January 24, 2010, and related 

determinations. 

DATES: Effective Date: January 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Miller, Disaster Assistance 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3886. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the incident period for 

this emergency is closed effective 

January 29, 2010. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2010–3438 Filed 2–22–10; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–1872– 

DR; Docket ID FEMA–2010–0002] 

Arkansas; Major Disaster and Related 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: This is a notice of the 

Presidential declaration of a major 

disaster for the State of Arkansas 

(FEMA–1872–DR), dated February 4, 

2010, and related determinations. 

DATES: Effective Date: February 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Miller, Disaster Assistance 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3886. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that, in a letter dated 

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