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

34616 

Vol. 76, No. 114 

Tuesday, June 14, 2011 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0033] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/National Protection and 

Programs Directorate—002 Chemical 

Facility Anti-Terrorism Standards 

Personnel Surety Program 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—002 Chemical Facility 

Anti-Terrorism Standards Personnel 

Surety Program 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 July 14, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2011–0033, 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. 

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: 

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 DHS 

system of records titled, ‘‘DHS/NPPD— 

002 Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program 

System of Records.’’ 

On October 4, 2006, the President 

signed the DHS Appropriations Act of 

2007 (the Act), Public Law 109–295. 

Section 550 of the Act (Section 550) 

provides DHS with the authority to 

regulate the security of high-risk 

chemical facilities. DHS has 

promulgated regulations implementing 

Section 550, the Chemical Facility AntiTerrorism Standards (CFATS), 6 CFR 

part 27. 

Section 550 requires that DHS 

establish Risk Based Performance 

Standards (RBPS) as part of CFATS. 

RBPS–12 (6 CFR 27.230(a)(12)(iv)) 

requires that regulated chemical 

facilities implement ‘‘measures 

designed to identify people with 

terrorist ties.’’ The ability to identify 

individuals with terrorist ties is an 

inherently governmental function and 

requires the use of information held in 

government-maintained databases, 

which are unavailable to high-risk 

chemical facilities. Therefore, DHS is 

implementing the CFATS Personnel 

Surety Program, which will allow 

chemical facilities to comply with 

RBPS–12 by implementing ‘‘measures 

designed to identify people with 

terrorist ties.’’ 

The CFATS Personnel Surety Program 

will work with the DHS Transportation 

Security Administration (TSA) to 

identify individuals who have terrorist 

ties by vetting information submitted by 

each high-risk chemical facility against 

the Terrorist Screening Database 

(TSDB). The TSDB is the Federal 

government’s consolidated and 

integrated terrorist watchlist of known 

and suspected terrorists, maintained by 

the Department of Justice (DOJ) Federal 

Bureau of Investigation’s (FBI) Terrorist 

Screening Center (TSC). For more 

information on the TSDB, see DOJ/FBI— 

019 Terrorist Screening Records System, 

72 FR 47073 (August 22, 2007). 

High-risk chemical facilities or their 

designees will submit the information 

of: (1) Facility personnel who have or 

are seeking access, either unescorted or 

otherwise, to restricted areas or critical 

assets; and (2) unescorted visitors who 

have or are seeking access to restricted 

areas or critical assets. These persons, 

about whom high-risk chemical 

facilities and facilities’ designees will 

submit information to DHS, are referred 

to in this notice as ‘‘affected 

individuals.’’ Individual high-risk 

facilities may classify particular 

contractors or categories of contractors 

either as ‘‘facility personnel’’ or as 

‘‘visitors.’’ This determination should be 

a facility-specific determination, and 

should be based on facility security, 

operational requirements, and business 

practices. 

Information will be submitted to 

DHS/NPPD through the Chemical 

Security Assessment Tool (CSAT), the 

online data collection portal for CFATS. 

The high-risk chemical facility or its 

designees will submit the information of 

affected individuals to DHS through 

CSAT. The submitters of this 

information (‘‘Submitters’’) for each 

high-risk chemical facility will also 

affirm, to the best of their ability, that 

the information is: (1) True, correct, and 

complete; and (2) collected and 

submitted in compliance with the 

facility’s Site Security Plan (SSP) or 


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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules 34617 

Alternative Security Program (ASP), as 

reviewed and authorized and/or 

approved in accordance with 6 CFR 

27.245. The Submitter(s) of each highrisk chemical facility will also affirm 

that, in accordance with their Site 

Security Plans, notice required by the 

Privacy Act of 1974, 5 U.S.C. § 552a, has 

been given to affected individuals before 

their information is submitted to DHS. 

DHS will send a verification of receipt 

to the Submitter(s) of each high-risk 

chemical facility when a high-risk 

chemical facility: (1) Submits 

information about an affected individual 

for the first time; (2) submits additional, 

updated, or corrected information about 

an affected individual; and/or (3) 

notifies DHS that an affected individual 

no longer has or is seeking access to that 

facility’s restricted areas or critical 

assets. 

Upon receipt of each affected 

individual’s information in CSAT, DHS/ 

NPPD will send a copy of the 

information to DHS/TSA. Within DHS/ 

TSA, the Office of Transportation Threat 

Assessment and Credentialing (TTAC) 

conducts vetting against the TSDB for 

several DHS programs. DHS/TSA/TTAC 

will compare the information of affected 

individuals collected by DHS (via 

CSAT) to information in the TSDB. 

DHS/TSA/TTAC will forward potential 

matches to the DOJ/FBI/TSC, which will 

make a final determination of whether 

an individual’s information is identified 

as a match to a record in the TSDB. 

In certain instances, DHS/NPPD may 

contact a high-risk chemical facility to 

request additional information (e.g., visa 

information) pertaining to particular 

individuals in order to clarify suspected 

data errors or resolve potential matches 

(e.g., in situations where an affected 

individual has a common name). Such 

requests will not imply, and should not 

be construed to indicate, that an 

individual’s information has been 

confirmed as a match to a TSDB record. 

DHS/NPPD may also conduct data 

accuracy reviews and audits as part of 

the CFATS Personnel Surety Program. 

Such reviews may be conducted on 

random samples of affected individuals. 

To assist with this activity, DHS/NPPD 

may request information pertaining to 

affected individuals, previously 

provided to DHS/NPPD by high-risk 

chemical facilities, in order to confirm 

the accuracy of that information. 

Consistent with the Department’s 

information sharing mission, 

information stored in the DHS/NPPD— 

002 Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program 

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. 

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 personally identifiable 

information. 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 retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

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 part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting of the type and 

character of each system of records that 

the agency maintains, and the routine 

uses made of records in each system. 

These requirements exist in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding records 

containing information about them. 

The Privacy Act allows government 

agencies to exempt certain records from 

the access and amendment provisions of 

the Privacy Act. If an agency claims 

exemptions from Privacy Act 

requirements, however, it must issue a 

Notice of Proposed Rulemaking 

(NPRM), followed by a Final 

Rulemaking, to make clear to the public 

the reasons for claiming particular 

exemptions. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for the DHS/NPPD—002 Chemical 

Facility Anti-Terrorism Standards 

Personnel Surety Program System of 

Records. Some information in the DHS/ 

NPPD—002 Chemical Facility AntiTerrorism Standards Personnel Surety 

Program System of Records may contain 

records or information recompiled from 

or created from information contained 

in the DOJ/FBI—019 Terrorist Screening 

Records System, 72 FR 47073 (August 

22, 2007). Therefore, some information 

contained in the DHS/NPPD—002 

Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program 

System of Records relates to national 

security, law enforcement, and 

intelligence. These exemptions are 

needed to protect this information from 

disclosure to subjects or others related 

to these activities. Specifically, the 

exemptions are required to preclude 

subjects of these activities from 

frustrating these activities; to avoid 

disclosure of activity techniques; to 

protect the identities and physical safety 

of confidential informants and law 

enforcement personnel; to ensure the 

Department’s ability to obtain 

information from third parties and other 

sources; to protect the privacy of third 

parties; to safeguard classified 

information; and to safeguard records. 

Disclosure of information to the subject 

of an inquiry could also permit the 

subject to avoid detection or 

apprehension. 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by a large 

number of Federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived on a case by 

case basis. 

A system of records notice for the 

DHS/NPPD—002 Chemical Facility 

Anti-Terrorism Standards Personnel 

Surety Program System of Records is 

also published in this issue of the 

Federal Register. 

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 

‘‘<54>’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 


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34618 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules 

<54>. The DHS/NPPD—002 Chemical 

Facility Anti-Terrorism Standards Personnel 

Surety Program System of Records consists of 

electronic and paper records and will be used 

by DHS. The DHS/NPPD—002 Chemical 

Facility Anti-Terrorism Standards Personnel 

Surety Program 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 there under; national security 

and intelligence activities. The DHS/NPPD— 

002 Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program 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 

publishing a notice of proposed rulemaking, 

proposing to exempt this system from the 

following provisions of the Privacy Act, 

subject to the limitation set forth therein: 5 

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

(e)(4)(H), (e)(4)(I); and (f). These exemptions 

are made pursuant to 5 U.S.C. 552a(k)(1) and 

(k)(2). 

In addition to records under the control of 

DHS, the DHS/NPPD—002 Chemical Facility 

Anti-Terrorism Standards Personnel Surety 

Program System of Records may include 

records originating from systems of records of 

other law enforcement and intelligence 

agencies, which may be exempt from certain 

provisions of the Privacy Act. DHS does not, 

however, assert exemption from any 

provisions of the Privacy Act with respect to 

information submitted by high-risk chemical 

facilities. 

To the extent the DHS/NPPD—002 

Chemical Facility Anti-Terrorism Standards 

Personnel Surety Program System of Records 

contains records originating from other 

systems of records, DHS will rely on the 

exemptions claimed for those records in the 

originating systems of records. 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: June 6, 2011. 

Mary Ellen Callahan 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–14386 Filed 6–13–11; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Doc. No. AMS–FV–10–0025; FV10–987–1 

PR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Proposed 

Amendments to Marketing Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: Five amendments to 

Marketing Agreement and Order No.987 

which regulates the handling of 

domestic dates produced or packed in 

Riverside County, California, were 

proposed by the California Date 

Administrative Committee (CDAC or 

committee), which is responsible for 

local administration of the order. These 

proposed amendments are intended to 

improve administration of and 

compliance with the order and reflect 

current industry practices. 

In addition to the committee’s 

proposals, the Agricultural Marketing 

Service (AMS) proposes to further 

amend the order by providing for a 

continuance referendum every six years, 

and by establishing term limits of up to 

six consecutive years for committee 

members. These proposals would allow 

producers to indicate continued support 

for the order and provide all interested 

industry members the opportunity to 

serve on the committee. 

DATES: Comments must be received by 

July 14, 2011. 

ADDRESSES: Written comments should 

be submitted to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register. All comments submitted in 

response to this proposed rule will be 

included in the record and will be made 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

To the extent practicable, all 

documents filed with the Docket Clerk 

should also be submitted electronically 

to Laurel May at the e-mail address 

noted for her in the FOR FURTHER

INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laurel May, Senior Marketing 

Specialist, or Kathleen Finn, 

Rulemaking Team Program Manager, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; 1400 Independence 

Avenue, SW., Stop 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Laurel.May@ams.usda.gov or 

Kathy.Finn@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 


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