Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices 18857 

(e.g., permitting electronic submissions 

of responses). 

The Department is particularly 

interested in comments which: 

1. Respond to the Department’s 

interpretation of the population affected 

by RBPS–12 background checks, as 

outlined in 6 CFR 27.230(a)(12); 

2. Respond to fact that the Department 

or a Federal law enforcement agency 

may, if appropriate, contact the highrisk chemical facility as a part of a law 

enforcement investigation into terrorist 

ties of facility personnel; 

3. Respond to the Department’s 

intention to collect information that 

identifies the high-risk chemical 

facilities, restricted areas and critical 

assets to which each affected individual 

has access; and 

4. Respond to the Department on its 

intention to seek an exception to the 

notice requirement under 5 CFR 

1320.8(b)(3). 

Analysis 

Agency: Department of Homeland 

Security, National Protection and 

Programs Directorate, Office of 

Infrastructure Protection, Infrastructure 

Security Compliance Division. 

Title: CFATS Personnel Surety 

Program. 

Form: Not Applicable. 

OMB Number: 1670–NEW. 

Frequency: As required by the DHSapproved schedule. 

Affected Public: High-risk chemical 

facilities as defined in 6 CFR part 27, 

high-risk chemical facility personnel, 

and as appropriate, unescorted visitors 

with access to restricted areas or critical 

assets. 

Number of Respondents: 354,400 

individuals. 

Estimated Time per Respondent: 0.59 

hours (35.4 minutes). 

Total Burden Hours: 210,351.7 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0.00. 

Total Burden Cost (operating/ 

maintaining): $17,669,543. 

Dated: March 6, 2010. 

Thomas Chase Garwood, III, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. 2010–8312 Filed 4–12–10; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0146] 

Privacy Act of 1974; Department of 

Homeland Security Citizenship and 

Immigration Services Ombudsman– 

001 Virtual Ombudsman 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 notice titled, 

‘‘Department of Homeland Security 

Citizenship and Immigration Services 

Ombudsman–001 Virtual Ombudsman 

System of Records.’’ This system of 

records will ensure the efficient and 

secure processing of information to aid 

the Citizenship and Immigration 

Services Ombudsman in providing 

assistance to individuals, employers, 

and their representatives in resolving 

problems with U.S. Citizenship and 

Immigration Services; identify areas in 

which individuals, employers, and their 

representatives have problems working 

with U.S. Citizenship and Immigration 

Services; and to the extent possible, 

propose changes to mitigate problems 

pursuant to 6 U.S.C. 272. This newly 

established system will be included in 

the Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

May 13, 2010. This new system will be 

effective May 13, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0146 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: 

Raymond Mills (202–357–8100), Privacy 

Point of Contact, Office of the 

Citizenship and Immigration Services 

Ombudsman, 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 

Pursuant to the Privacy Act of 1974, 

(5 U.S.C. 552a), the Department of 

Homeland Security (DHS) Citizenship 

and Immigration Services Ombudsman 

(CISOMB) is giving notice that it 

proposes to establish a new DHS system 

of records notice titled, ‘‘DHS/CISOMB– 

001 Virtual Ombudsman System of 

Records.’’ This system of records will 

ensure the efficient and secure 

processing of information to aid the 

CISOMB in providing assistance to 

individuals, employers, and their 

representatives in resolving problems 

with U.S. Citizenship and Immigration 

Services (USCIS); identify areas in 

which individuals, employers, and their 

representatives have problems working 

with USCIS; and to the extent possible, 

propose changes to mitigate problems 

pursuant 6 U.S.C. 272. 

CISOMB has developed the DHS/ 

CISOMB–001 Virtual Ombudsman 

System of Records to ensure the 

efficient and secure processing of 

information and to aid the Ombudsman 

in assisting individuals and employers 

in making systemic recommendations to 

USCIS. The core of the DHS/CISOMB– 

001 Virtual Ombudsman System of 

Records is CISOMB’s Web form 7001 

which is a user interface Web-based 

form which will automatically convert 

information submitted by an individual 

or employer into a case within 

CISOMB’s account within Internet 

Quorum/Enterprise Correspondence 

Tracking (IQ/ECT) system. IQ/ECT is the 

Department’s enterprise-wide 

correspondence and case management 

tracking system. This system allows the 

Department’s headquarters and 

components to manage cases and 

resolve issues in a coordinated and 

timely manner. For more information on 

IQ/ECT, please view the Enterprise 

Correspondence Tracking System PIA at 

http://www.dhs.gov/privacy. The system 

also enables CISOMB to segregate data 

into several categories to generate 

internal reports, provide customized 

feedback to individuals and employers, 

and supply real-time aggregated 


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statistical information for the CISOMB 

to assist individuals and employers with 

their problems with USCIS. 

The purpose of this system is to 

provide efficient and secure case 

management and processing of 

information related to individuals and 

employers problems allowing the 

Ombudsman to make systemic 

recommendations to USCIS. The 

Department’s authority for this 

collection is primarily Section 452 of 

the Homeland Security Act of 2002. 

This system will collect individuals’ 

personal information to support the 

Ombudsman’s efforts to make 

recommendations to USCIS pursuant to 

6 U.S.C. 272. Efforts have been made to 

safeguard records in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

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. 

The routine uses posted cover sharing 

with the Department of Justice for legal 

representation; to Congress at the 

request of a constituent; to the National 

Archives and Records Administration 

for records retention and disposal; to 

agencies, organizations, and individuals 

for purposes of audit as well as for 

security breaches; to contractors of the 

Department in performance of their 

contractual duties; to appropriate 

agencies and entities for investigations 

and prosecutions; and to an attorney or 

representative who is acting on behalf of 

an individual. This system collects 

information under the Paperwork 

Reduction Act using the following form: 

DHS Form 7001, Case Problem 

Submission Worksheet and Supporting 

Statement Case Problem Submission, 

OMB Control Number 1601–0004, 

Expiration Date 01/01/2013. 

This newly established system will be 

included in DHS’s inventory of record 

systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates 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 

agency. Below is the description of the 

DHS/CISOMB–001 Virtual Ombudsman 

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/CISOMB–001 

SYSTEM NAME: 

Citizenship and Immigration Services 

Ombudsman—001 Virtual Ombudsman 

System of Records. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at Citizenship 

and Immigration Services Ombudsman 

Headquarters in Washington, DC. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: any member of the 

general public, including individuals, 

employers, and their representatives 

seeking assistance from the Citizenship 

and Immigration Services Ombudsman 

in resolving general matters, issues, or 

problems with USCIS. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Individual’s full legal name 

including any aliases; 

• Individual’s date and country of 

birth; 

• Individual’s legal citizenship; 

• Individual’s alien (‘‘A’’) number; 

• Full legal name of person preparing 

form if other than the individual named 

in the case; 

• Applications and petitions filed; 

• Receipt number located on the top 

left hand corner of Notice of Action 

(Form I–797) received from USCIS in 

response to the application/petition 

filed; 

• Immigration status or interim 

benefit applied or petitioned for; 

• Type of case problem; 

• Source of case problem; 

• Description of case problem; 

• Prior actions taken to remedy the 

problem; 

• Designated attorney/representative; 

• Consent of the petitioner for USCIS 

to disclose information in the file to the 

designated representative; 

• Verification statement signed and 

dated by the individual of the inquiry or 

the authorized representative; and 

• Declaration by the individual or the 

attorney or representative submitting 

the case problem. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 452 of the Homeland Security 

Act of 2002. 

PURPOSE(S): 

The purpose of this system is to 

provide efficient and secure case 

management and processing of 

information related to individuals and 

employers problems with USCIS. 

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), and in 

accordance with 6 U.S.C. 272, 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 


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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 a 

CISOMB 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 an attorney or representative 

who is acting on behalf of an individual 

covered by this system of records to 

obtain the individual’s information 

submitted to the Virtual Ombudsman 

System. 

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: 

Records may be retrieved by CISOMB 

Case Number, Alien Registration 

Number, or by the individuals’ name. 

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: 

In accordance with National Archives 

and Records Administration approved 

retention and disposal policy N1–563– 

08, processed case files are cut off at the 

final disposition of the case and are 

deleted or destroyed ten years after 

cutoff. Uncompleted case files are the 

record copy of cases where additional 

information is requested, but not 

received. Cases are closed 30 days after 

the request for additional information. 

These records are cut off 30 days from 

date of request if no response, and are 

deleted or destroyed 5 years after cutoff. 

SYSTEM MANAGER AND ADDRESS: 

CISOMB VOS Project Manager (202– 

357–8100), Office of the Citizenship and 

Immigration Services Ombudsman, 

Department of Homeland Security, 

Washington, DC 20528. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification of 

and access to any record contained in 

this system of records, or seeking to 

contest its content, may submit a 

request in writing to the CISOMB’s 

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 

FOIA Officer at 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 originates from 

stakeholders and customers who contact 

the CISOMB. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 


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18860 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices 

Dated: March 19, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–8313 Filed 4–12–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0017] 

Privacy Act of 1974, Department of 

Homeland Security Transportation 

Security Administration—013 Federal 

Flight Deck Officer Record System 

AGENCY: Privacy Office, DHS. 

ACTION: Notice to alter an existing 

Privacy Act system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974 the Department of 

Homeland Security proposes to update 

and reissue an existing Department of 

Homeland Security system of records 

notice titled, Transportation Security 

Administration—013 Federal Flight 

Deck Officer Record System, previously 

published on August 18, 2003. The 

Federal Flight Deck Officer Record 

System contains records necessary for 

assessment, acceptance, training, 

participation, and recertification of 

deputized pilots of commercial air 

carriers who participate in the Flight 

Deck Officer Program designed to 

defend aircraft flight decks against acts 

of criminal violence or air piracy. 

As a result of the biennial review of 

this system, modifications are being 

made to the system of records’ routine 

uses, record sources, retention and 

disposal, notification procedures, and 

system manager and address. 

Portions of this system are exempt 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(6) as reflected in the final rule 

published in the Federal Register on 

June 25, 2004. 

This updated system will continue to 

be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

May 13, 2010. The system will be 

effective May 13, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0017 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: Peter 

Pietra, Privacy Officer, Transportation 

Security Administration, TSA–36, 601 

South 12th Street, Arlington, VA 20598– 

6036 or TSAprivacy@dhs.gov. For 

privacy issues please contact: Mary 

Ellen Callahan (703–235–0780), Chief 

Privacy Officer, Privacy Office, U.S. 

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) 

Transportation Security Administration 

(TSA) proposes to update and reissue a 

DHS/TSA system of records notice 

titled, DHS/TSA–013 Federal Flight 

Deck Officer Record System (FDORS), 

previously published on August 18, 

2003 (68 FR 49496). 

TSA’s mission is to protect the 

nation’s transportation systems to 

ensure freedom of movement for people 

and commerce. To achieve this mission, 

TSA is required to develop and adapt its 

security programs to respond to 

evolving threats to transportation 

security. In accordance with the 

biennial review of this system, the 

following modifications are being made: 

• DHS/TSA is updating the system of 

records to incorporate five Department 

of Homeland Security (DHS) standard 

routines uses. One routine use will 

allow the release of information to 

appropriate agencies, entities, and 

persons when DHS/TSA suspects or has 

confirmed that the security or 

confidentiality of an information system 

of records has been compromised. 

Another routine use permits the release 

of information to the media when there 

exists a legitimate public interest in 

disclosing information. Release under 

this routine use will require the 

approval of the DHS Chief Privacy 

officer in consultation with counsel. 

The third routine use allows the release 

of information to a court, magistrate, 

administrative tribunal or opposing 

counsel or parties where a federal 

agency is a party or has an interest in 

the litigation or administrative 

proceeding. The fourth routine use 

allows DHS/TSA to release information 

to a former employee when it is 

necessary to consult with the former 

employee regarding a matter that is 

within that person’s former area of 

responsibility. The fifth routine use 

allows DHS/TSA to release information 

to appropriate entities where it would 

assist in the enforcement of civil or 

criminal laws. 

• DHS/TSA is revising a routine use 

currently in by adding indirect air 

carriers and other facility operators as 

potential recipients of information from 

these systems when appropriate to 

address a threat or potential threat to 

transportation security or national 

security, or when required for 

administrative purposes related to the 

effective and efficient administration of 

transportation security laws. 

• DHS/TSA is also revising a current 

routine use by adding indirect air 

carriers and other facility operators as 

potential recipients of information about 

individuals who are their employees, 

job applicants, or contractors, or persons 

to whom they issue identification 

credentials or grant clearances to 

secured areas in transportation facilities 

when relevant to such employment, 

application, contract, training or the 

issuance of such credentials or 

clearances. 

• Finally, DHS/TSA has removed as a 

routine use the sharing of information 

with the Attorney General of the United 

States concerning violations of the 

Brady Handgun Violence Prevention 

Act as it is duplicative. 

• The record source categories are 

being updated to reflect the use of 

commercial and public record databases 

and Web sites to obtain information 

regarding the identity of individuals 

who attempt to gain access to the sterile 

areas of the airport and for whom 

identity needs to be verified or 

individuals who are being vetted to 

qualify as federal flight deck officers. 

• The retention and disposal section 

is updated to reflect the records 

retention schedules approved by the 

National Archives and Records 

Administration (NARA). 

• The notification section was 

changed to reflect that inquiries 

regarding whether the applicable system 

contains records about an individual 

should be directed to TSA’s Freedom of 

Information Act (FOIA) Office. 

• The system manager and address 

were revised to reflect the current 

system manager. 


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