34732 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

Response: DHS agrees that there is 

currently no central database that allows 

the public to determine that an 

individual has already undergone 

screening by the Department. 

Comment: One commenter was 

troubled by the information pertaining 

to RBPS–12 contained in Appendix C of 

the May 2009 Risk-Based Performance 

Standards Guidance (http://www.dhs.

gov/xlibrary/assets/chemsec_cfats_risk

based_performance_standards.pdf), 

because the commenter believes that 

certain types of measures, procedures, 

policies, and plans mentioned in 

Appendix C are not appropriate for 

determining if chemical facility 

personnel are terrorist threats. 

Response: The Department expects 

high-risk chemical facilities to 

implement appropriate security 

measures to conduct identity, criminal 

history, and legal authorization to work 

background checks. These security 

measures can vary from facility to 

facility commensurate with facilityspecific risks, security issues, and 

business practices. The guidance 

referenced by the commenter (see pages 

180 to 186 of the Risk-Based 

Performance Standards Guidance), and 

other guidance addressing identity, 

criminal history, and legal authorization 

to work background checks, however, is 

not guidance addressing compliance 

with 6 CFR 27.230(a)(12)(iv), and as 

such is not the subject of this notice, nor 

is it the subject of the underlying ICR or 

of the 30- or 60-day notices preceding 

this notice. 

Comment: One commenter requested 

that the Department clarify what appeal 

or waiver options an affected individual 

has if his/her employer takes an adverse 

employment action against him/her 

based on RBPS–12 background checks 

or based on information received or 

obtained under the CFATS Personnel 

Surety Program. The commenter also 

requested that the Department prevent 

high-risk chemical facilities from using 

personal information collected from 

affected individuals as part of RBPS–12 

for purposes other than conducting the 

background checks required by RBPS– 

12. 

Response: High risk chemical 

facilities’ employment actions are not 

regulated by CFATS. 

The ICR the Department will submit 

to OMB, this notice, the 60-day notice, 

and the 30-day notice address the 

CFATS Personnel Surety Program, not 

the identity, legal authorization to work, 

and criminal history background checks 

required by 6 CFR 230(a)(12)(i)–(iii). 

Discussion of information collected as 

part of those other three background 

checks, or employment decisions based 

on them, is beyond the scope of this 

notice. 

Conclusion 

As mentioned in the summary section 

of this notice, DHS has submitted an 

ICR to OMB for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995. This notice 

responds to comments received during 

the 30-day notice. 

Prior to implementation of the CFATS 

Personnel Surety Program, the 

Department will also publish a Privacy 

Impact Assessment (PIA) about the 

CFATS Personnel Surety Program, 

available on the Department’s Web page 

at http://www.dhs.gov/privacy and 

http://www.dhs.gov/chemicalsecurity. 

The Department will also publish a 

System of Records Notice (SORN) for 

the CFATS Personnel Surety Program, 

and a Notice of Proposed Rulemaking 

proposing to take certain Privacy Act 

exemptions for the CFATS Personnel 

Surety Program System of Records. 

The Department will also publish a 

notice, and/or send notice to high-risk 

chemical facilities individually, stating 

that the CFATS Personnel Surety 

Program has been implemented. In that 

notice, the Department will include 

description of how the CFATS 

Personnel Surety Program will be 

implemented, as well as the information 

submission schedule high-risk chemical 

facilities will be required to follow. The 

notice will also describe how a high-risk 

chemical facility can request a variance 

from the submission schedule. 

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: DHS Form 11000–29. 

OMB Number: 1670–NEW. 

Frequency: As required by a 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: 1,303,700 

individuals. 

Estimated Time per Respondent: 0.54 

hours (32.4 minutes). 

Total Burden Hours: 707,200 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0.00. 

Total Burden Cost (operating/ 

maintaining): $29,704,000. 

Signed: June 6, 2011. 

David Epperson, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. 2011–14382 Filed 6–13–11; 8:45 am] 

BILLING CODE 9110–9–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2011–0032] 

Privacy Act of 1974; 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 Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to 

establish a new system of records notice 

titled, ‘‘Department of Homeland 

Security/National Protection and 

Programs Directorate—002 Chemical 

Facility Anti-Terrorism Standards 

Personnel Surety Program System of 

Records.’’ This new system of records 

collects information on individuals,— 

facility personnel and unescorted 

visitors—who have or are seeking access 

to restricted areas and critical assets at 

high risk chemical facilities and 

compares this information to the 

Terrorist Screening Database, the 

terrorist watchlist maintained by the 

Federal Bureau of Investigation’s 

Terrorist Screening Center. The 

Department of Homeland Security is 

issuing a Notice of Proposed 

Rulemaking concurrently with this 

system of records elsewhere in the 

Federal Register 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. This newly 

established system of records will be 

included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

July 14, 2011. This system will be 

effective July 14, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number [DHS– 

2011–0032] by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 


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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34733 

• 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: 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 knowledge, 

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 

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 that was 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. 

Additionally, DHS is issuing a Notice 

of Proposed Rulemaking (NPRM) 

concurrently with this system of 

records, to be published elsewhere in 


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34734 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

the Federal Register, to exempt portions 

of the system of records from provisions 

of the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

This newly established system of 

records will be included in the 

Department’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, 

individuals are 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 

records within the agency. Below is the 

description of the DHS/NPPD—002 

Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program 

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/NPPD—002 

SYSTEM NAME: 

DHS/NPPD—002 Chemical Facility 

Anti-Terrorism Standards Personnel 

Surety Program System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, law 

enforcement sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at DHS and 

Component headquarters in 

Washington, DC, and at field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

(1) High-risk chemical facility 

personnel and unescorted visitors who 

have or are seeking access to restricted 

areas or critical assets at high-risk 

chemical facilities (see 6 CFR 

27.230(a)(12)); 

(2) High-risk chemical facility 

personnel or designees who contact 

DHS/NPPD or a Federal law 

enforcement entity with follow-up 

questions regarding submission of an 

individual’s information to DHS/NPPD; 

(3) Individuals listed in the TSDB 

against whom potential or confirmed 

matches have been made; and 

(4) Individuals who have been or seek 

to be distinguished from individuals in 

the TSDB through redress or other 

means as a result of the Personnel 

Surety Program. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

(1) High-risk chemical facilities are 

required to submit the following 

information on all facility personnel and 

unescorted visitors who have or are 

seeking access to restricted areas or 

critical assets: 

a. U.S. Citizens and Lawful 

Permanent Residents 

i. Full name; 

ii. Date of birth; and 

iii. Citizenship or Gender. 

b. Non-U.S. persons 

i. Full name; 

ii. Date of birth; 

iii. Citizenship; and 

iv. Passport information and/or alien 

registration number. 

(2) To reduce the likelihood of false 

positives in matching against the TSDB, 

high-risk chemical facilities may also 

(optionally) submit the following 

information on facility personnel and 

unescorted visitors who have or are 

seeking access to restricted areas or 

critical assets: 

a. Aliases; 

b. Gender (for Non-U.S. persons); 

c. Place of birth; and 

d. Redress Number. 

(3) High-risk chemical facilities may 

submit different information on 

individuals who maintain DHS 

screening program credentials or 

endorsements that require TSDB checks 

equivalent to the checks to be performed 

as part of the CFATS Personnel Surety 

Program. Instead of submitting the 

information listed in category (1), above, 

high risk chemical facilities may submit 

the following information for such 

individuals: 

a. Full name; 

b. Date of birth; 

c. Name of the DHS program which 

conducts equivalent vetting against the 

TSDB, such as the Transportation 

Worker Identification Credential (TWIC) 

program or the Hazardous Materials 

Endorsement (HME) program; 

d. Unique number, or other program 

specific verifying information associated 

with a DHS screening program, 

necessary to verify an individual’s 

enrollment, such as TWIC Serial 

Number for the TWIC program, or 

Commercial Driver’s License (CDL) 

Number and CDL issuing state(s) for the 

HME program; and 

e. Expiration date of the credential 

endorsed or issued by the DHS 

screening program. 

This alternative is optional—high-risk 

chemical facilities may either submit 

the information listed in category (1) for 

such individuals, or may submit the 

information listed in category (3) for 

such individuals. 

(4) When high-risk chemical facilities 

choose to submit the information listed 

in category (3), above, they may also 

(optionally) submit the following 

information on facility personnel and 

unescorted visitors who have or are 

seeking access to restricted areas or 

critical assets: 

a. Aliases; 

b. Place of Birth; 

c. Gender; 

d. Citizenship; and 

e. Redress Number. 

(5) DHS could collect additional 

identifying information from a high-risk 

chemical facility, as necessary to 

confirm or clear a potential match to a 

TSDB record. Information collected by 

high-risk chemical facilities and 

submitted to DHS for this purpose could 

include any information listed in 

categories (1) through (4), passport 

information, visa information, driver’s 

license information, or other available 

identifying particulars, used to compare 

the identity of an individual being 

screened with information listed in the 

TSDB; 

(6) In the event that a confirmed 

match is identified as part of the CFATS 

Personnel Surety Program, in addition 

to other records listed under the 

categories of records section of this 

SORN, DHS will obtain references to 

and/or information from other 

government law enforcement and 


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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34735 

intelligence databases, or other relevant 

databases that may contain terrorism 

information; 

(7) Information necessary to assist in 

tracking submissions and transmission 

of records, including electronic 

verification that DHS has received a 

particular record; and 

(8) Information provided by 

individuals covered by this system in 

support of any redress request, 

including DHS Redress Numbers and/or 

any of the above categories of records. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

DHS Appropriations Act of 2007, 

Section 550, Public Law 109–295, 120 

Stat. 1355 (October 4, 2006), as 

amended; and the Chemical Facility 

Anti-Terrorism Standards, 6 CFR part 27 

(published April 9, 2007), as amended. 

PURPOSE(S): 

Information is collected to identify 

persons listed in the TSDB, who have or 

are seeking access to restricted areas or 

critical assets at high-risk chemical 

facilities. 

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), all or a portion of the records 

or information contained in this system 

may be disclosed outside DHS as a 

routine use pursuant to 5 U.S.C. 

552a(b)(3) as follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) or other Federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is 

necessary to the litigation and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity where the 

Department of Justice 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 

relies upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Department’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, territorial, 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 Federal, state, local, Tribal, 

territorial, foreign, multinational, or 

private sector entities as appropriate to 

assist in coordination of terrorist threat 

awareness, assessment, analysis or 

response. 

I. To an appropriate Federal, state, 

Tribal, local, international, or foreign 

agency or other appropriate authority 

regarding individuals who pose, or are 

suspected of posing a risk to national 

security. 

J. To an appropriate Federal, state, 

Tribal, local, international, foreign 

agency, other appropriate governmental 

entities or authority to: 

1. Determine whether an individual is 

a positive identity match to an identity 

in the TSDB; 

2. Facilitate operational, law 

enforcement, or intelligence responses, 

if appropriate, when vetted individuals’ 

identities match identities in the TSDB; 

3. Provide information and analysis 

about terrorist encounters and known or 

suspected terrorist associates to 

appropriate domestic and foreign 

government agencies and officials for 

counterterrorism purposes; or 

4. Perform technical implementation 

functions necessary for the CFATS 

Personnel Surety Program. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records may be maintained at secured 

government facilities, Federal contractor 

locations, or locations of other parties 

that perform functions related to the 

CFATS Personnel Surety Program. 

Records are stored on magnetic disc, 

tape, digital media, and CD–ROM, and 

may also be retained in hard copy 

format in secure file folders or safes. 

RETRIEVABILITY: 

Records are retrievable by searching 

any of the categories of records listed 

above. Records may also be retrievable 

by relevant chemical facility name, 

chemical facility location, chemical 

facility contact information, and by 

other facility-specific data points. 

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 systems 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. 


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RETENTION AND DISPOSAL: 

A proposed schedule for the retention 

and disposal of records collected under 

the DHS/NPPD—002 Chemical Facility 

Anti-Terrorism Standards Personnel 

Surety Program System of Records is 

being developed by the DHS and NPPD 

Offices of Records Management for 

approval by the National Archives and 

Records Administration (NARA). 

The length of time DHS/NPPD will 

retain information on individuals will 

be dependent on individual TSDB 

vetting results. Specifically, individuals’ 

information will be retained as 

described below, based on the 

individuals’ placements into three 

categories: 

(1) Information pertaining to an 

individual who is not a potential or 

confirmed match to a TSDB record will 

be retained for one year after a high-risk 

chemical facility has notified NPPD that 

the individual no longer has or is 

seeking access to the restricted areas or 

critical assets of the facility; 

(2) Information pertaining to an 

individual who may originally have 

appeared to be a match a TSDB record, 

but who was subsequently determined 

not to be a match, will be retained for 

seven years after completion of TSDB 

matching, or one year after the high-risk 

chemical facility that submitted that 

individual’s information has notified 

DHS/NPPD that the individual no 

longer has or is seeking access to the 

restricted areas or critical assets of the 

facility, whichever is later; and 

(3) Information pertaining to an 

individual who is a positive match to a 

TSDB record will be retained for ninetynine years after completion of matching 

activity, or seven years after DHS/NPPD 

learns that the individual is deceased, 

whichever is earlier. 

DHS/TSA/TTAC will maintain 

records within its possession in 

accordance with the DHS/TSA–002— 

Transportation Security Threat 

Assessment System of Records, 75 FR 

28046 (May 19, 2010). DHS/CBP will 

maintain records in its possession in 

accordance with the DHS/CBP–002— 

Global Enrollment System of Records, 

71 FR 20708 (April 21, 2006). 

DHS/NPPD will also retain records to 

conduct inspections or audits under 6 

CFR 27.245 and 6 CFR 27.250 to ensure 

that high-risk chemical facilities are in 

compliance with CFATS. These records 

could include the names of individuals 

with access to high-risk chemical 

facilities’ restricted areas and critical 

assets, the periods of time during which 

high-risk chemical facilities indicate 

that such individuals have/had access, 

and any other information listed 

elsewhere in this notice, as appropriate. 

The retention periods for these 

records provide reasonable amounts of 

time for law enforcement, intelligence, 

or redress matters involving individuals 

who have or are seeking access to 

restricted areas or critical assets at highrisk chemical facilities. 

SYSTEM MANAGER AND ADDRESS: 

CFATS Personnel Surety Program 

Manager, 250 Murray Lane, SW., Mail 

Stop 0610, 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. DHS/ 

NPPD, however, 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 the DHS/ 

NPPD Freedom of Information Act 

(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 

Department 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 

about you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe records 

containing information about you 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 is primarily obtained 

from high-risk chemical facilities and 

their designees. High-risk chemical 

facilities shall provide notice to each 

affected individual prior to submission 

of the affected individual’s information 

to DHS/NPPD. This will include notice 

that additional information may be 

requested after the initial submission. 

Information may also be obtained from 

other DHS programs when DHS verifies 

enrollment of an affected individual in 

another vetting or credentialing 

program. Information may also be 

obtained from the DOJ/FBI—019 

Terrorist Screening Records System, 72 

FR 47073 (August 22, 2007), or from 

other FBI sources. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Concurrently with publication of this 

system of records notice, 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 limitations 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). 

Further, DHS derivatively claims 

some exemptions for this system of 

records because it may contain records 

or information recompiled from or 

created from information contained in 

the TSDB. For more information on the 

FBI’s Terrorist Screening Records 

System, see DOJ/FBI—019 Terrorist 

Screening Records System, 72 FR 47073 

(August 22, 2007). 

DHS does not claim any exemptions 

for the information high-risk chemical 

facilities (or their designees) submit to 

DHS as part of this system of records. 

Dated: June 6, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–14383 Filed 6–13–11; 8:45 am] 

BILLING CODE 9110–9P–P 


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