5614 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitation 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)(1), (k)(2), 

and (k)(5) of the Privacy Act. 

Dated: January 25, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–2206 Filed 2–2–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0043] 

Privacy Act of 1974; Department of 

Homeland Security/ALL—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned, 

Occupied, or Secured by the 

Department of Homeland Security 

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 update 

Department of Homeland Security/ 

ALL—025 Law Enforcement Authority 

in Support of the Protection of Property 

Owned, Occupied, or Secured by the 

Department of Homeland Security 

System of Records to include record 

systems within the Federal Protective 

Service. The purpose of this system is 

to maintain and record the results of law 

enforcement activities in support of the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security and its components, 

including the Federal Protective 

Service, and individuals maintaining a 

presence or access to such property. 

Categories of individuals, categories of 

records, and the routine uses of this 

system have been reviewed and updated 

to better reflect the Department’s law 

enforcement records associated with the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security. The activities 

performed by the Department in the 

protection of property owned, occupied, 

or secured by the Department of 

Homeland Security often overlap with 

other security-related activities. 

Accordingly, data within the categories 

of individuals, categories of records, and 

routine uses may have similarities with 

other security-related systems of 

records, but each system is distinct 

based on its purpose. 

Exclusion is made to perimeters and 

facilities secured by the U.S. Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. Records pertaining to 

perimeters and facilities secured by the 

U.S. Secret Service, other than those 

records subject to the Presidential 

Records Act, are covered under 

Department of Homeland Security/U.S. 

Secret Service—004 Protection 

Information System of Records, 

December 19, 2008. 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This system will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Written comments must be 

submitted on or before March 5, 2010. 

This updated system will be effective 

March 5, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0043 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 and may be read at 

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 and privacy issues 

please contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Homeland 

Security (DHS) and its components and 

offices rely on DHS/ALL—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned, 

Occupied, or Secured by DHS System of 

Records (74 FR 3088, January 16, 2008) 

for the collection and maintenance of 

records that pertain to the protection of 

property owned, occupied, or secured 

by DHS. 

DHS is updating and reissuing this 

Department-wide system of records 

under the Privacy Act (5 U.S.C. 552a), 

for the protection of property owned, 

occupied, or secured by DHS, including 

records systems within the Federal 

Protective Service (FPS). The DHS/ 

ALL—025 Law Enforcement Authority 

in Support of the Protection of Property 

Owned, Occupied, or Secured by DHS 

System of Records is the baseline 

system for the protection of property 

owned, occupied, or secured by DHS 

activities, as led by the Office of the 

Chief Security Officer for the 

Department. This will ensure that all 

DHS components follow the same 

privacy rules for collecting the 

protection of property owned, occupied 

or secured by DHS records. 

The purpose of this system is to 

maintain and record the results of law 

enforcement activities in support of the 

protection of property owned, occupied, 

or secured by DHS. The results are also 

used to pursue criminal prosecutions or 

civil penalty actions against individuals 

or entities suspected of offenses that 

may have been committed against 

property owned, occupied, or secured 

by DHS or persons on these premises; 

and to assess acceptability of 

Departmental, other United States 

Government personnel, contract 

security officer personnel, and other 

contractors who work in DHS facilities 

for assignment to or retention in 

sensitive positions consistent with the 

interest of national security and 

protection of DHS facilities. The 

Department’s authority for this 

collection is primarily 5 U.S.C. 301; the 

Homeland Security Act, codified in 

Title 6 of the U.S. Code; 40 U.S.C. 1315; 

44 U.S.C. 3101; and Executive Order 

(EO) 9397; EO 10450; EO 12968, 5 CFR 

731; 5 CFR 732; 5 CFR 736; 32 CFR 147; 

and DCID 6/4. This system will collect 

individuals’ personal information when 

the Department uses its law 

enforcement authority at facilities that 

DHS owns, occupies, or secures. Efforts 

have been made to safeguard records 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 information 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 


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permissions. The routine uses posted 

are unchanged from the previous 

publishing and are consistent with the 

purpose for collection. A review of this 

system is being conducted to determine 

if the system of records collects 

information under the Paperwork 

Reduction Act. Categories of 

individuals, categories of records, and 

the routine uses of this system have 

been reviewed and updated to better 

reflect the Department’s law 

enforcement records associated with the 

protection of property owned, occupied, 

or secured by DHS. Specifically, the 

Privacy Office updated the purpose to 

include enforcement activities in 

support of the protection of property 

secured by DHS and its components, 

including FPS. 

Privacy Impact Assessments (PIAs) 

have been conducted and are on file for 

the (1) Personnel Security Activities 

Management System; (2) Integrated 

Security Management System; (3) 

DHSAccessGate System; (4) Automated 

Continuing Evaluation System (ACES) 

Pilot; (5) Personal Identity Verification 

System; (6) Federal Protective Service 

Information Support Tracking System 

(FISTS) Contract Suitability Module; (7) 

Federal Protective Service Dispatch 

Incident Records Management Systems; 

and (8) Livewave CCTV System along 

with other related component specific 

PIAs and can be found at http:// 

www.dhs.gov/privacy. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ALL—025 Law Enforcement 

Authority in Support of the Protection 

of Property Owned, Occupied, or 

Secured by DHS 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. 

Exclusion is made to perimeters and 

facilities secured by the U.S. Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. Records pertaining to 

perimeters and facilities secured by the 

U.S. Secret Service, other than those 

records subject to the Presidential 

Records Act, are covered under 

Department of Homeland Security/U.S. 

Secret Service—004 Protection 

Information System of Records (73 FR 

77733, December 19, 2008). 

There will be no change to the Privacy 

Act exemptions currently in place for 

this system of records and therefore 

remain in effect. This system will be 

included in DHS’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 individual’s 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 

from which information is stored and 

retrieved by the name of the individual 

or by some identifying number such as 

property address, mailing address, or 

symbol assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass United States citizens and 

lawful permanent residents. DHS 

extends administrative Privacy Act 

protections to all individuals where 

information is maintained on both U.S. 

citizens, lawful permanent residents, 

and visitors. Individuals may request 

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 5.21. 

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 of their 

records, and to assist individuals to 

more easily find such files within the 

agency. Below is a description of DHS/ 

ALL–025 Law Enforcement Authorities 

in Support of the Protection of Property 

Owned, Occupied, or Secured by DHS 

Security Systems 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 (OMB) and to 

Congress. 

SYSTEM OF RECORDS: 

DHS/ALL–025 

SYSTEM NAME: 

Department of Homeland Security 

(DHS)/ALL–025 Law Enforcement 

Authorities in Support of the Protection 

of Property Owned, Occupied, or 

Secured by the Department of 

Homeland Security System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at several 

Headquarters locations and component 

offices of DHS, in both Washington, DC 

and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include any person or entity 

involved in, or suspected of being 

involved in, criminal acts against the 

buildings, grounds, and property that 

are owned, occupied, or secured by DHS 

or against persons who are in or on such 

buildings, grounds, or property. This 

includes, but is not limited to: any 

agency, instrumentality, or wholly 

owned or mixed-ownership corporation 

thereof, and persons on the property; 

Departmental, other United States 

Government personnel, contract 

security officer personnel, and other 

contractors who work in federal 

facilities; and property located in or 

outside of the United States; and 

individuals who are involved in or 

suspected to be involved in such 

criminal acts, who provide information 

that is relevant to the investigation, such 

as victims and witnesses, and who 

report such crimes or acts. Also 

included in this system of records are 

the travel records of current, former, or 

retired Departmental personnel who 

travelled outside the United States 

while employed by DHS; applicants, 

appointees, and nominees of the 

Department; and contractors and 

consultants who have or have had 

access to DHS facilities and/or classified 

national security information. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in the system 

may include but are not limited to the 

following: 

• Individual’s or entity’s name; 

• Digital photograph; 

• Date of birth, place of birth, and 

age; 

• Social security number; 

• Duty/work address and telephone 

number; 

• Alias; 

• Race and ethnicity; 

• Citizenship; 

• Fingerprints; 

• Sex; 

• Marital status; 

• Identifying marks such as tattoos, 

scars, etc; 

• Height and weight; 

• Eye and hair color; 

• Biometric data; 


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• Home address, telephone number, 

and other contact information; 

• Driver’s license information and 

citations issued; 

• Vehicle information; 

• Date, location, nature and details of 

the incident/offense; 

• Alcohol, drugs and/or weapons 

involvement; 

• Bias against any particular group; 

• Confinement information to include 

location of correctional facility; 

• Gang/cult affiliation if applicable; 

• Release/parole/clemency eligibility 

dates; 

• Foreign travel notices and reports 

including briefings and debriefings; 

• Notices and reports with foreign 

contacts; 

• Reports of investigation; 

• Statements of individuals, 

affidavits, and correspondence; 

• Documentation pertaining to 

criminal activities; 

• Investigative surveys; 

• Certifications pertaining to 

qualifications for employment, 

including but not limited to education, 

firearms, first aid, and CPR; 

• Technical, forensic, polygraph, and 

other investigative support to criminal 

investigations to include source control 

documentation and regional 

information; 

• Data on individuals to include: 

victims, witnesses, complainants, 

offenders, and suspects; 

• Records of possible espionage, 

foreign intelligence service elicitation 

activities, and terrorist collection efforts 

directed at the Department or it’s staff, 

contractors or visitors; 

• Records of close coordination with 

the intelligence and law enforcement 

community; 

• Records relating to the management 

and operation of DHS special security 

programs, including but not limited to: 

Æ Requests for access to sensitive 

compartmented information (SCI); 

Æ Foreign travel; 

Æ Foreign contact registries for 

individuals with SCI access. 

• Records relating to the management 

and operation of the DHS security 

program, including but not limited to: 

Æ Inquiries relating to suspected 

security violation(s); 

Æ Recommended remedial actions for 

possible security violation(s); 

Æ Reports of investigation regarding 

security violations; 

Æ Statements of individuals; 

Æ Affidavits; 

Æ Correspondence; 

Æ Other documentation pertaining to 

investigative or analytical efforts by 

DHS to identify threats to the 

Department’s personnel, property, 

facilities, and information; intelligence 

reports and database results relating to 

DHS personnel applicants or candidates 

for DHS employment or a DHS contract, 

or other individuals interacting or 

having contact with DHS personnel or 

contractors; foreign contact registries for 

individuals; or unsolicited 

communications with DHS personnel or 

contractors that raise a security concern; 

and 

Æ Other documents obtained from 

applicants for employment or contract 

positions and documents obtained 

during a background investigation or reinvestigation including medical and 

financial data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; the Homeland Security 

Act, codified in Title 6 of the U.S. Code; 

40 U.S.C. 1315; 44 U.S.C. 3101; and 

Executive Order (EO) 9397; E.O. 10450; 

E.O. 12968, 5 CFR 731; 5 CFR 732; 5 

CFR 736; 32 CFR 147; and DCID 6/4. 

PURPOSE(S): 

The purpose of this system is to 

maintain and record the results of law 

enforcement activities in support of the 

protection of property owned, occupied, 

or secured by DHS and its components, 

including FPS, and individuals 

maintaining a presence or access to such 

property. It will also be used to pursue 

criminal prosecution or civil penalty 

action against individuals or entities 

suspected of offenses that may have 

been committed against property 

owned, occupied, or secured by DHS or 

persons on the property; and to assess 

Departmental, contract security officer 

personnel, and other contractors who 

work in such facilities, acceptability for 

assignment to or retention in sensitive 

positions consistent with the interest of 

national security and the protection of 

these facilities. 

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) of the Privacy Act, all or a 

portion of the records of 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 DOJ 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 a 

written inquiry from that congressional 

office made at the written 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 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 who 

relies upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’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. 


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G. To an appropriate federal, state, 

tribal, 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 an appropriate federal, state, 

local, tribal, foreign, or international 

agency or contract provider, if the 

information is relevant and necessary to 

a requesting agency’s decision 

concerning the hiring or retention of an 

individual, or issuance of a security 

clearance, license, contract, grant, or 

other benefit, or if the information is 

relevant and necessary to a DHS 

decision concerning the hiring or 

retention of an employee or contractor, 

the issuance of a security clearance, the 

reporting of an investigation of an 

employee or contractor, the letting of a 

contract, or the issuance of a license, 

grant or other benefit and disclosure is 

appropriate to the proper performance 

of the official duties of the person 

making the request. 

I. To a court, magistrate, or 

administrative tribunal 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 or pursuant to 

the order of a court of competent 

jurisdiction in response to a subpoena 

from a court of competent jurisdiction. 

J. To third parties during the course 

of a law enforcement investigation to 

the extent necessary to obtain 

information pertinent to the 

investigation, provided disclosure is 

appropriate to the proper performance 

of the official duties of the officer 

making the disclosure. 

K. To a federal, state, local agency, or 

other appropriate entities or 

individuals, or through established 

liaison channels to selected foreign 

governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

intelligence, counterintelligence, or 

antiterrorism activities authorized by 

United States law, Executive Order, or 

other applicable national security 

directive. 

L. To a public or professional 

licensing organization when such 

information indicates, either by itself or 

in combination with other information, 

a violation or potential violation of 

professional standards, or reflects on the 

moral, educational, or professional 

qualifications of an individual who is 

licensed or who is seeking to become 

licensed. 

M. 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 or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, 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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

servers, magnetic disc, tape, digital 

media, and CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by 

individual name, social security 

number, or other personal information 

identified listed in ‘‘Categories of 

Records,’’ if applicable. 

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 

risk of compromising the 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: 

Records are pending National 

Archives and Records Administration 

approval. DHS has proposed the 

following retention schedule: Records 

are maintained in accordance with N1– 

563–08–4, Item 1. Records are 

maintained for 20 years after the end of 

the fiscal year in which the case was 

closed and are then destroyed. No 

records will be destroyed until the 

retention schedule is approved. 

SYSTEM MANAGER AND ADDRESS: 

For Headquarters components of DHS: 

Chief, Physical Security Division (202– 

447–5010), Office of Security, 

Department of Homeland Security, 

Washington, DC 20528. For components 

of DHS, the System Manager can be 

found at http://www.dhs.gov/foia under 

‘‘contacts.’’ 

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, 

DHS will consider individual requests 

to determine whether or not information 

may be released. Thus, 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 Headquarters or component’s 

FOIA Officer, whose contact 

information can be found at http:// 

www.dhs.gov/foia under ‘‘contacts.’’ If 

an individual believes more than one 

component maintains Privacy Act 

records concerning him or her the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

Department of Homeland Security, 245 

Murray Drive, SW., Building 410, 

STOP–0550, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental 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; 


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• 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: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are generated from sources 

contacted during investigations, state 

and local law enforcement, and federal 

departments and agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitation 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)(1), (k)(2), 

and (k)(5) of the Privacy Act. 

Dated: January 25, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–2207 Filed 2–2–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Cancellation of Customs 

Broker License 

AGENCY: U.S. Customs and Border 

Protection, U.S. Department of 

Homeland Security. 

ACTION: General notice. 

SUMMARY: Pursuant to section 641 of the 

Tariff Act of 1930, as amended, (19 USC 

1641) and the U.S. Customs and Border 

Protection regulations (19 CFR 

111.51(b)), the following Customs 

broker license and all associated permits 

are cancelled with prejudice. 

Name License No. Issuing port 

John T. 

Sciara.

10286 New York. 

Dated: January 26, 2010. 

Daniel Baldwin, 

Assistant Commissioner, Office of 

International Trade. 

[FR Doc. 2010–2304 Filed 2–2–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Notice of Issuance of Final 

Determination Concerning a Certain 

Alternator 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of final determination. 

SUMMARY: This document provides 

notice that U.S. Customs and Border 

Protection (‘‘CBP’’) has issued a final 

determination concerning the country of 

origin of a certain alternator. Based 

upon the facts presented, CBP has 

concluded in the final determination 

that the U.S. is the country of origin of 

the alternator for purposes of U.S. 

government procurement. 

DATE: The final determination was 

issued on January 21, 2010. A copy of 

the final determination is attached. Any 

party-at-interest, as defined in 19 CFR 

177.22(d), may seek judicial review of 

this final determination within March 5, 

2010. 

FOR FURTHER INFORMATION CONTACT: Elif 

Eroglu, Valuation and Special Programs 

Branch: (202) 325–0277. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on January 21, 2010, 

pursuant to subpart B of part 177, 

Customs Regulations (19 CFR part 177, 

subpart B), CBP issued a final 

determination concerning the country of 

origin of the alternator which may be 

offered to the U.S. Government under an 

undesignated government procurement 

contract. This final determination, in 

HQ H075667, was issued at the request 

of Ecoair Corp. under procedures set 

forth at 19 CFR part 177, subpart B, 

which implements Title III of the Trade 

Agreements Act of 1979, as amended 

(19 U.S.C. 2511–18). In the final 

determination, CBP has concluded that, 

based upon the facts presented, the 

alternator, assembled in the U.S. from 

parts made in China and the U.S., is 

substantially transformed in the U.S., 

such that the U.S. is the country of 

origin of the finished article for 

purposes of U.S. government 

procurement. 

Section 177.29, Customs Regulations 

(19 CFR 177.29), provides that notice of 

final determinations shall be published 

in the Federal Register within 60 days 

of the date the final determination is 

issued. Section 177.30, CBP Regulations 

(19 CFR 177.30), provides that any 

party-at-interest, as defined in 19 CFR 

177.22(d), may seek judicial review of a 

final determination within 30 days of 

publication of such determination in the 

Federal Register. 

Dated: January 21, 2010. 

Sandra L. Bell, 

Executive Director, Regulations and Rulings, 

Office of International Trade. 

Attachment 

H075667 

January 21, 2010 

OT:RR:CTF:VS H075667 EE 

CATEGORY: Marking 

Mr. Peter S. Knudsen, Jr. 

Ecoair Corp. 

Four Industrial Circle 

Hamden, CT 06517–3152 

RE: U.S. Government Procurement; 

Title III, Trade Agreements Act of 

1979 (19 U.S.C. § 2511); Subpart B, 

Part 177, CBP Regulations; Country 

of Origin; Eco-Tech Heavy Duty 

Alternator 

Dear Mr. Knudsen: This is in response 

to your correspondence of October 31, 

2009, in which you requested a final 

determination on behalf of Ecoair Corp. 

(‘‘Ecoair’’), pursuant to subpart B of part 

177, Customs and Border Protection 

(‘‘CBP’’) Regulations (19 C.F.R. § 177.21 

et seq.). Under the pertinent regulations, 

which implement Title III of the Trade 

Agreements Act of 1979, as amended 

(19 U.S.C. § 2511 et seq.), CBP issues 

country of origin advisory rulings and 

final determinations as to whether an 

article is or would be a product of a 

designated country or instrumentality 

for the purpose of granting waivers of 

certain ‘‘Buy American’’ restrictions in 

U.S. law or practice for products offered 

for sale to the U.S. Government. 

This final determination concerns the 

country of origin of the Eco-Tech Heavy 

Duty Alternator. We note that Ecoair is 

a party-at-interest within the meaning of 

19 C.F.R. § 177.22(d)(1) and is entitled 

to request this final determination. 

FACTS: 

You describe the pertinent facts as 

follows. Eco-Tech Alternators operate in 

diesel powered military boats, fire 

trucks, ambulances, utility trucks, 

school shuttles, party buses, and 

commercial fishing boats; all 

applications where significant operating 

time is spent at idle and where electric 

power needs are independent of the 


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