Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69689 

agencies. This regulation provides 

detailed guidance for contractors doing 

business with acquisition offices within 

the Department of Homeland Security 

(DHS) to implement the FAR. FAR Part 

33.103, Protests, Disputes, and Appeals 

prescribe policies and procedures for 

filing protests and for processing 

contract disputes and appeals. DHS will 

not be asking for anything outside of 

what is already required in the FAR. 

Should anything outside the FAR arise, 

DHS will submit a request for Office of 

Management and Budget (OMB) 

approval. The information being 

collected will be obtained from 

contractors as part of their submissions 

whenever they file a bid protest with the 

Department’s Components. The 

information will be used by DHS 

officials in deciding how the protest 

should be resolved. Failure to collect 

this information would result in delayed 

resolution of agency protests. 

According to FPDS, the number of 

protest has increased each year over the 

past two years in annual respondent and 

burden hours. This increase in current 

protest activity is not the result of a 

deliberate program change, but from a 

new estimate of actions that are not 

controllable by the Federal government. 

Although, the number of protest has 

increased, there has not been any 

change in the information being 

collected. 

The Office of Management and Budget 

is particularly interested in comments 

which: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

Analysis 

Agency: Office of Chief Procurement 

Officer, Acquisition Policy and 

Legislation Office, DHS. 

Title: Regulation on Agency Protests. 

OMB Number: 1600–0004. 

Frequency: Annually. 

Affected Public: Private Sector. 

Number of Respondents: 75. 

Estimated Time per Respondent: 2 

hours. 

Total Burden Hours: 150. 

Total Burden Cost (capital/startup): 

$4,104.00. 

Dated: November 2, 2010. 

Richard Spires, 

Chief Information Officer. 

[FR Doc. 2010–28574 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0052] 

Privacy Act of 1974; Department of 

Homeland Security Office of 

Operations Coordination and 

Planning—003 Operations Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion 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 is giving notice that 

it proposes to establish a new 

Department of Homeland Security 

system of records titled, ‘‘Department of 

Homeland Security Office of Operations 

Coordination and Planning—003 

Operations Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion System of Records.’’ This system 

of records will allow the Department of 

Homeland Security Office of Operations 

Coordination and Planning, including 

the National Operations Center, to 

collect, plan, coordinate, report, 

analyze, and fuse information related to 

all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

federal, state, local, tribal, and territorial 

agencies and organizations; foreign 

governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals 

into the Department. 

Some of the records in this system are 

in part transferred from the Department 

of Homeland Security/Information 

Analysis and Infrastructure Protection— 

001 Homeland Security Operations 

Center Database system of records, April 

15, 2005, with the overall intent of 

narrowing the focus of these records to 

the specific purpose outlined in this 

system of records notice. It is the 

Department’s intent, after all records are 

transferred into this and other system of 

records, to retire the Department of 

Homeland Security/Information 

Analysis and Infrastructure Protection— 

001 Homeland Security Operations 

Center Database system of records. 

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 

December 15, 2010. This new system 

will be effective December 15, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0052 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: 

Michael Page (202–357–7626), Privacy 

Point of Contact, Office of Operations 

Coordination and Planning, 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: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Homeland Security (DHS) Office of 

Operations Coordination and Planning 

(OPS), including the National 

Operations Center (NOC), proposes to 

establish a new DHS system of records 

titled, ‘‘DHS/OPS—003 Operations 

Collection, Planning, Coordination, 


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Reporting, Analysis, and Fusion System 

of Records.’’ 

This system of records will allow 

DHS/OPS, including the NOC, to 

collect, plan, coordinate, report, 

analyze, and fuse information related to 

all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

federal, state, local, tribal, and territorial 

agencies and organizations; foreign 

governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals 

into the Department. 

OPS serves as a joint operations 

coordination and planning capability at 

the strategic level to support internal 

DHS operational decision making, DHS 

leadership, and participation in 

interagency operations. OPS integrates 

DHS and interagency planning and 

operations coordination in order to 

prevent, protect, and respond to and 

recover from all-threats and all-hazards, 

man-made disasters and acts of 

terrorism, and natural disasters. 

The NOC serves as the nation’s 

homeland security center for 

information sharing and domestic 

incident management, dramatically 

increasing coordination between 

federal, state, local, tribal, and territorial 

agencies and organizations; foreign 

governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals. 

The NOC collects and fuses information 

from a variety of sources everyday to 

help deter, detect, and prevent terrorist 

acts as well as to prepare for, respond 

to, and recover from all-threats and allhazards, man-made disasters and acts of 

terrorism, and natural disasters. 

Operating 24 hours a day, seven days a 

week, 365 days a year, the NOC 

provides real-time situational awareness 

and monitoring of the homeland, 

coordinates incidents and response 

activities, and, in conjunction with 

other DHS components, issues 

advisories and bulletins concerning 

threats to homeland security, including 

natural disasters, as well as specific 

protective measures. Information on 

domestic incident management is 

shared with state Fusion Centers and 

Emergency Operations Centers (EOC) at 

all levels through Watch Officer Desks 

located in the NOC. 

The purpose of this system is to: 

1. Collect, plan, coordinate, and 

analyze all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

Federal, State, local, tribal, and 

territorial agencies and organizations; 

foreign governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals; 

and 

2. Report, integrate, and fuse such 

information throughout DHS in order to 

share information, increase 

coordination, identify and assess the 

nature and scope of information and 

understand risks in light of potential or 

actual vulnerabilities to the homeland; 

and help deter, detect, and prevent 

terrorist acts as well as to prepare for, 

respond to, and recover from all-threats 

and all-hazards, man-made disasters 

and acts of terrorism, and natural 

disasters. 

DHS is authorized to implement this 

program primarily through 5 U.S.C. 301, 

552, 552a; 44 U.S.C. 3101; 6 U.S.C. 121; 

§§ 201 and 514 of the Homeland 

Security Act of 2002, as amended; § 520 

of the Post Katrina Emergency 

Management Reform Act; 44 U.S.C. 

3101; Executive Order (E.O.) 12958; E.O. 

9397; E.O. 12333; E.O. 13356; E.O. 

13388; and Homeland Security 

Presidential Directive 5. This system has 

an effect on individual privacy that is 

balanced by the need to collect, plan, 

coordinate, report, analyze, and fuse 

homeland security information coming 

into and going out of OPS, including the 

NOC. Routine uses contained in this 

notice include sharing with the 

Department of Justice (DOJ) for legal 

advice and representation; to a 

congressional office at the request of an 

individual; to the National Archives and 

Records Administration (NARA) for 

records management; to contractors in 

support of their contract assignment to 

DHS; to appropriate Federal, State, 

tribal, local, international, foreign 

agency, or other appropriate entity 

including the privacy sector in their role 

aiding OPS in their mission; to agencies, 

organizations or individuals for the 

purpose of audit; to agencies, entities, or 

persons during a security or information 

compromise or breach; to an agency, 

organization, or individual when there 

could potentially be a risk of harm to an 

individual; and to the news media in 

the interest of the public. A review of 

this system is being conducted to 

determine if the system of records 

collects information under the 

Paperwork Reduction Act (PRA). 

Consistent with DHS’s information 

sharing mission, information contained 

in the DHS/OPS—003 Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion System of Records 

may be shared with other DHS 

components, as well as appropriate 

Federal, State, local, tribal, territorial, 

foreign, or international government 

agencies. This sharing will only take 

place after DHS determines that the 

receiving component or agency has a 

verifiable 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. 

The information within this system 

that meets the functional standard of the 

National Suspicious Activity Reporting 

Initiative will be placed into the DHS/ 

ALL—031 Information Sharing 

Environment Suspicious Activity 

Reporting Initiative (September 10, 

2010, 75 FR 55335). 

DHS 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 DHS’ 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 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 their 

records are put, and to assist individuals 

to more easily find such files within the 


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agency. Below is the description of the 

DHS/OPS—003 Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion 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/OPS—003 

SYSTEM NAME: 

DHS/OPS—003 Collection, Planning, 

Coordination, Reporting, Analysis, and 

Fusion System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, For Official Use Only, 

Law Enforcement Sensitive, and 

Classified. 

SYSTEM LOCATION: 

Records are maintained at the 

Department of Homeland Security 

(DHS) Office of Operations Coordination 

and Planning (OPS) National Operations 

Center (NOC) Headquarters in 

Washington, DC and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

the system may include: 

• Federal, State, local, tribal, and 

territorial officials; foreign government 

and international officials; domestic 

security and emergency management 

officials; and private sector individuals 

who request assistance from, provide 

information to, are the subject of, or 

participate with the Department in 

activities related to all-threats and allhazards, man-made disasters and acts of 

terrorism, and natural disasters; 

• Individuals who request assistance 

from the Department related to allthreats and all-hazards, man-made 

disasters and acts of terrorism, and 

natural disasters; 

• Individuals who provide 

information to the Department related to 

all-threats and all-hazards, man-made 

disasters and acts of terrorism, and 

natural disasters, including Suspicious 

Activity Reports (SARs); 

• Individuals who are the subject of, 

or are linked in any manner to, allthreats and all-hazards, man-made 

disasters and acts of terrorism, and 

natural disasters with Departmental 

implications; 

• Individuals participating with, 

involved in, or the subject of domestic 

security or law enforcement operations, 

with Departmental implications, where 

activity is planned or has taken place; 

• Individuals participating with or 

involved in emergency management and 

first responder operations, with 

Departmental implications, and where 

activity is planned or has taken place; 

• Individuals involved in natural 

disasters where activity is planned or 

has taken place; 

• Individuals derived from 

intelligence information of interest to 

the Department; 

• Individuals who make inquiries 

concerning all-threats and all-hazards, 

man-made disasters and acts of 

terrorism, and natural disasters; 

• Individuals who are or have been 

associated with DHS operations. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in the system 

may include: 

• Full name; 

• Date and place of birth; 

• Social Security Number (Many 

state, local, tribal, territorial, domestic 

security, emergency management, and 

private sector individuals, organizations 

and agencies collect/use SSN’s as an 

identifier and may be shared with the 

Department); 

• Citizenship; 

• Contact information including 

phone numbers and email addresses; 

• Address; 

• Physical description including 

height, weight, eye and hair color; 

• Distinguishing marks including 

scars, marks, and tattoos; 

• Automobile registration 

information; 

• Watch list information; 

• Medical records; 

• Financial information; 

• Results of intelligence analysis and 

reporting; 

• Ongoing law enforcement 

investigative information; 

• Historical law enforcement 

information; 

• Information systems security 

analysis and reporting; 

• Public source data including 

commercial databases, media, 

newspapers, and broadcast transcripts; 

• Intelligence information including 

links to terrorism, law enforcement and 

any criminal and/or incident activity, 

and the date information is submitted; 

• Intelligence and law enforcement 

information obtained from federal, state, 

local, tribal, and territorial agencies and 

organizations, foreign governments and 

international organizations; law 

enforcement, domestic security and 

emergency management officials; and 

private sector entities or individuals; 

• Information provided by 

individuals, regardless of the medium, 

used to submit the information; 

• Information obtained from the 

Federal Bureau of Investigation’s (FBI) 

Terrorist Screening Center (TSC), or on 

terrorist watchlists, about individuals 

known or reasonably suspected to be 

engaged in conduct constituting, 

preparing for, aiding, or relating to 

terrorism; 

• Data about the providers of 

information, including the means of 

transmission of the data; (e.g. where it 

is determined that maintaining the 

identity of the source of investigative 

lead information may be necessary to 

provide an indicator of the reliability 

and validity of the data provided and to 

support follow-on investigative 

purposes relevant and necessary to a 

legitimate law enforcement or homeland 

security matter, such data may likely 

warrant retention. Absent such a need, 

no information on the provider of the 

information would be maintained) 

• Scope of terrorist, law enforcement, 

or natural threats to the homeland; 

• National disaster threat and activity 

information; 

• The date and time national disaster 

information is submitted, and the name 

of the contributing/submitting 

individual or agency; 

• Limited data concerning the 

providers of information, including the 

means of transmission of the data may 

also be retained where necessary. Such 

information on other than criminal 

suspects or subjects is accepted and 

maintained only to the extent that the 

information provides descriptive 

matters relevant to a criminal subject or 

organization and has been deemed 

factually accurate and relevant to 

ongoing homeland security situational 

awareness and monitoring efforts. 

• Name of the contributing or 

submitting agency, organization, or 

individual. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301, 552, 552a; 44 U.S.C. 

3101; 6 U.S.C. § 121; §§ 201 and 514 of 

the Homeland Security Act of 2002, as 

amended; § 520 of the Post Katrina 

Emergency Management Reform Act; 44 

U.S.C. 3101; Executive Order (E.O.) 

12958; E.O. 9397; E.O. 12333; E.O. 

13356; E.O. 13388; and Homeland 

Security Presidential Directive 5. 

PURPOSE(S): 

The purpose of this system is to: 

1. Collect, plan, coordinate, and 

analyze all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

Federal, State, local, tribal, and 

territorial agencies and organizations; 

foreign governments and international 

organizations; domestic security and 


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emergency management officials; and 

private sector entities or individuals; 

and 

2. Report, integrate, and fuse such 

information throughout DHS in order to 

share information, increase 

coordination, identify and assess the 

nature and scope of said information 

and understand risks in light of 

potential or actual vulnerabilities to the 

homeland; and help deter, detect, and 

prevent terrorist acts as well as to 

prepare for, respond to, and recover 

from all-threats and all-hazards, manmade disasters and acts of terrorism, 

and natural disasters. 

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 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 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 

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 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 

rely 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. 

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 appropriate Federal, State, 

local, tribal, or foreign governmental 

agencies or multilateral governmental 

organizations for the purpose of 

protecting the vital interests of a data 

subject or other persons, including to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

threat or risk. 

I. To a Federal, State, tribal, local or 

foreign government agency or 

organization, or international 

organization, lawfully engaged in 

collecting law enforcement intelligence 

information, whether civil or criminal, 

or charged with investigating, 

prosecuting, enforcing or implementing 

civil or criminal laws, related rules, 

regulations or orders, to enable these 

entities to carry out their law 

enforcement responsibilities, including 

the collection of law enforcement 

intelligence. 

J. To Federal and foreign government 

intelligence or counterterrorism 

agencies or state, local, tribal or 

territorial components where DHS 

becomes aware of an indication of a 

threat or potential threat to national or 

international security. 

K. To Federal and foreign government 

intelligence or counterterrorism 

agencies or state, local, tribal or 

territorial components where the 

information is or may be terrorismrelated information and such use is to 

assist in anti-terrorism efforts. 

L. To an organization or individual in 

either the public or private sector, 

where there is a reason to believe that 

the recipient is or could become the 

target of a particular terrorist activity or 

conspiracy, to the extent the 

information is relevant to the protection 

of life or property. 

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’ 

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 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Much of the data within this system 

does not pertain to an individual; rather, 

the information pertains to locations, 

geographic areas, facilities, and other 

things or objects not related to 

individuals. However, some personal 

information is captured. Personal data 


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may be retrieved by NOC tracker 

numbers, name, social security number 

and other identifiers listed under the 

Categories of Records Section. Most 

information is stored as free text and 

any word, phrase, or number is 

searchable. 

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 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: 

OPS is working with the DHS Records 

Officer to develop a NARA approved 

retention schedule. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of Operations 

Coordination and Planning, National 

Operations Center, Department of 

Homeland Security, Washington, DC 

20528. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

is proposing to exempt this system from 

the notification, access, and amendment 

procedures of the Privacy Act. However, 

DHS/OPS 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 OPS 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 

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; 

• 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: 

Information contained in this system 

is obtained from subject individuals, 

other Federal, State, local and tribal 

agencies and organizations, domestic 

and foreign media, including 

periodicals, newspapers, and broadcast 

transcripts, public and classified data 

systems, reporting individuals, 

intelligence source documents, 

investigative reports, and 

correspondence. 

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 5 

U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I); and (f) pursuant to 5 

U.S.C. 552a(k)(1), (k)(2), and (k)(3). 

Dated: November 5, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–28566 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9A–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0086] 

Privacy Act of 1974; Department of 

Homeland Security National Protection 

and Programs Directorate—001 

National Infrastructure Coordinating 

Center Records 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 is giving notice that 

it proposes to establish a new 

Department of Homeland Security 

system of records titled, ‘‘Department of 

Homeland Security National Protection 

and Programs Directorate—001 National 

Infrastructure Coordinating Center 

Records System of Records.’’ This 

system of records will allow the 

Department of Homeland Security 

National Protection and Programs 

Directorate National Infrastructure 

Coordinating Center, an extension of the 

National Operations Center, to collect, 

plan, coordinate, report, analyze, and 

fuse infrastructure information related 

to all-threats and all-hazards, law 

enforcement activities, intelligence 

activities, man-made disasters and acts 

of terrorism, natural disasters, and other 

information collected or received from 

federal, state, local, tribal, and territorial 

agencies and organizations; foreign 

governments and international 

organizations; domestic security and 

emergency management officials; and 

private sector entities or individuals 

into the National Infrastructure 

Coordinating Center. 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 

December 15, 2010. This new system 

will be effective December 15, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0086 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, 


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