This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

69603 

Vol. 75, No. 219 

Monday, November 15, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0085] 

Privacy Act of 1974: Implementation of 

Exemptions; 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 proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the Department of Homeland Security 

National Protection and Programs 

Directorate—001 National Infrastructure 

Coordinating Center Records System of 

Records and this proposed rulemaking. 

In this proposed rulemaking, the 

Department proposes to exempt 

portions of the system of records from 

one or more provisions of the Privacy 

Act because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: Comments must be received on 

or before December 15, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0085, 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 notice. 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: 

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 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
69604 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 

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). 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

Chapter I of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

1. The authority citation for part 5 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

2. Add at the end of Appendix C to 

part 5, the following new paragraph 

‘‘52’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

52. The DHS/NPPD—001NICC Records 

System of Records consists of electronic and 

paper records and will be used by DHS/ 

NPPD/NICC. The DHS/NPPD—001NICC 

Records System of Records is a repository of 

information held by DHS in connection with 

its several and varied missions and functions, 

including, but not limited to: The 

enforcement of civil and criminal laws; 

investigations, inquiries, and proceedings 

thereunder; national security and intelligence 

activities. The DHS/NPPD—001NICC 

Records System of Records contains 

information that is collected by, on behalf of, 

in support of, or in cooperation with DHS 

and its components and may contain 

personally identifiable information collected 

by other federal, state, local, tribal, foreign, 

or international government agencies. 

The Secretary of Homeland Security is 

exempting this system from the following 

provisions of the Privacy Act, subject to 

limitations 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). Exemptions from these particular 

subsections are justified, on a case-by-case 

basis to be determined at the time a request 

is made, for the following reasons: 

(a) From subsection (c)(3) (Accounting for 

Disclosures) because release of the 

accounting of disclosures could alert the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: November 5, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–28569 Filed 11–12–10; 8:45 am] 

BILLING CODE 9110–9A–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0053] 

Privacy Act of 1974: Implementation of 

Exemptions; 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 proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security is giving concurrent notice of a 

newly established system of records 

pursuant to the Privacy Act of 1974 for 

the Department of Homeland Security 

Office of Operations Coordination and 

Planning—003 Operations Collection, 

Planning, Coordination, Reporting, 

Analysis, and Fusion System of Records 

and this proposed rulemaking. In this 

proposed rulemaking, the Department 

proposes to exempt portions of the 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Comments must be received on 

or before December 15, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0053, 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 notice. 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– 


hsrobinson on DSK69SOYB1PROD with PROPOSALS