Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69693 

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, 


srobinson on DSKHWCL6B1PROD with NOTICES
69694 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 

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: Emily 

Andrew (703–235–2182), Privacy 

Officer, National Protection and 

Programs Directorate, Department of 

Homeland Security, Washington, DC 

20528. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), Chief Privacy Officer, Privacy 

Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

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

Homeland Security (DHS) National 

Protection and Programs Directorate 

(NPPD) proposes to establish a new DHS 

system of records titled, ‘‘DHS/NPPD– 

001 National Infrastructure 

Coordinating Center (NICC) Records 

System of Records.’’ 

This system of records will allow 

DHS/NPPD, including the NICC (an 

extension of the National Operations 

Center (NOC)) to collect, plan, 

coordinate, report, analyze, and fuse 

infrastructure information related to allthreats and all-hazards, law enforcement 

activities, intelligence activities, manmade 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 NICC. 

The NICC provides the mission and 

capabilities to assess the operational 

status of the nation’s 18 critical 

infrastructures and key resources (CIKR) 

sectors during normal operations and 

incident management activities, 

supports information sharing with 

National Infrastructure Protection Plan 

(NIPP) partners, and owners and 

operators of critical infrastructure 

facilities, and facilitates information 

sharing across and between the 18 

national sectors. 

The NICC is both an operational 

component of the NPPD Office of 

Infrastructure Protection (IP) and a 

watch operations element of the DHS 

NOC. The NICC operates 24 hours a day, 

7 days a week, 365 days a year to 

facilitate coordination and information 

sharing with the CIKR sectors. The NICC 

produces consolidated CIKR reports for 

incorporation into situational awareness 

reports and for inclusion into the 

common operating picture. 

DHS is authorized to implement this 

program primarily through the 

Homeland Security Act of 2002 as 

codified within 6 U.S.C. 321d(b)(1), 515. 

This system has an effect on individual 

privacy that is balanced by the need to 

collect, plan, coordinate, report, 

analyze, and fuse CIKR information 

coming into and going out of the NICC 

as well as 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 private sector in their role 

aiding the NICC in their mission; to 

agencies, organizations or individuals 

for the purpose of an 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). 

Based on the information contained 

within this system of records, the NICC 

develops reports that are shared both 

within DHS and with the CIKR sectors. 

The NICC creates two reports, one with 

PII and one without. The one without 

PII is what is shared broadly with the 

CIKR sectors as well as the state and 

local fusion centers. Consistent with 

DHS’s information sharing mission, 

information contained in the DHS/ 

NPPD–001 NICC Records 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 which 

their records are put, and to assist 

individuals to more easily find such 

files within the agency. Below is the 

description of the DHS/NPPD— 

001NICC Records 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. 


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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69695 

System of Records 

DHS/NPPD—001 

SYSTEM NAME: 

DHS/NPPD—001 NICC Records 

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) National Protection and Programs 

Directorate (NPPD) National 

Infrastructure Coordinating Center 

(NICC) 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 NICC in activities 

related to all-threats and all-hazards, 

man-made disasters and acts of 

terrorism, and natural disasters related 

to national infrastructure; 

• Individuals who request assistance 

from the NICC related to all-threats and 

all-hazards, man-made disasters and 

acts of terrorism, and natural disasters 

related to national infrastructure; 

• Individuals who provide 

information to the NICC related to allthreats and all-hazards, man-made 

disasters and acts of terrorism, and 

natural disasters, including Suspicious 

Activity Reports (SARs) related to 

national infrastructure; 

• 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 NICC 

implications; 

• Individuals participating with, 

involved in, or the subject of domestic 

security or law enforcement operations, 

with NICC implications, where activity 

is planned or has taken place; 

• Individuals participating with or 

involved in emergency management and 

first responder operations, with NICC, 

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 NICC; and 

• Individuals who make inquiries 

concerning all-threats and all-hazards, 

man-made disasters and acts of 

terrorism, and natural disasters related 

to national infrastructure. 

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 SSNs 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: 

The Homeland Security Act of 2002 

as codified within 6 U.S.C. 321d(b)(1), 

515 provides DHS, including the NICC 

and NOC, with authority to collect the 

information. 

PURPOSE(S): 

The purpose of this system is to 

provide the mission and capabilities to 

assess the operational status of the 

nation’s 18 critical infrastructures and 

key resources (CIKR) sectors during 

normal operations and incident 

management activities, support 

information sharing with NIPP Partners, 

and the owners and operators of critical 

infrastructure. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
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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 or critical infrastructure 

partners 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, and critical 

infrastructure partners 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, and critical 

infrastructure partners 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 

may be retrieved by name, Social 

Security number and other identifiers 

listed under the Categories of Records 

Section. 

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: 

The NICC is working with the NPPD 

and DHS Records Officer to develop a 

NARA approved retention schedule. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices 69697 

SYSTEM MANAGER AND ADDRESS: 

Director, National Infrastructure 

Coordinating 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/NPPD 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 NPPD 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. 2010–28588 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5376–N–107] 

Notice of Submission of Proposed 

Information Collection to OMB; 

Emergency Comment Request; Federal 

Housing Administration (FHA): Home 

Energy Retrofit Loan Pilot Program; 

Notice of Proposed Information 

Collection for Public Comment 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice of proposed information 

collection. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

emergency review and approval, as 

required by the Paperwork Reduction 

Act. The Department is soliciting public 

comments on the subject proposal. 

DATES: Comments Due Date: November 

15, 2010. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments must be 

received within zero (0) days from the 

date of this Notice. Comments should 

refer to the proposal by name/or OMB 

approval number) and should be sent to: 

Ross A. Rutledge, HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; e-mail: 

Ross.A.Rutledge@omb.eop.gov; fax: 

202–395–3086. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 4517th Street, 

SW., Washington, DC 20410; e-mail 

Colette.Pollard@HUD.gov; telephone 

202–402–3400. This is not a toll-free 

number. Copies of available documents 

submitted to OMB may be obtained 

from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

Notice informs the public that the U.S. 

Department of Housing and Urban 

Development (HUD) has submitted to 

OMB, for emergency processing, an 

information collection package with 

respect to implementing an FHA Energy 

Efficient Mortgage Innovation pilot 

program targeted to the single family 

housing market. The Consolidated 

Appropriations Act, 2010 (Pub. L. 111– 

117, approved December 16, 2009, 123 

Stat. 3034) (2010 Appropriations Act), 

which appropriated fiscal year 2010 

funds for HUD, among other agencies, 

appropriated $50 million for an Energy 

Innovation Fund to enable HUD to 

catalyze innovations in the residential 

energy efficiency sector that have the 

promise of replicability and help create 

a standardized home energy efficient 

retrofit market. Of the $50 million 

appropriated for the Energy Innovation 

Fund, the 2010 Appropriations Act 

stated that ‘‘$25,000,000 shall be for the 

Energy Efficient Mortgage Innovation 

pilot program directed at the single 

family housing market.’’ (See Pub. L. 

111–117, at 123 Stat. 3089). The FHA 

Home Energy Retrofit Loan Pilot 

Program (Retrofit Pilot Program) is 

designed by HUD to meet this statutory 

directive and provides funding to 

support that effort. Under the Retrofit 

Pilot Program, HUD, through FHAapproved lenders, will insure loans for 

homeowners who are seeking to make 

energy improvements to their homes. 

Lender participation in the Retrofit 

Pilot Program is voluntary. To facilitate 

HUD’s evaluation of lender performance 

and assessment of the success and 

replicability of the pilot program, HUD 

will select lenders to participate in the 

program. To be eligible for participation, 

lenders must submit an Expression of 

Interest that demonstrates the eligibility 

of the lender to participate in the 

Retrofit Pilot Program. 

This Notice is soliciting comments 

from members of the public and 

affecting agencies concerning the 

proposed collection of information to: 

(1) Evaluate whether the proposed 


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