40124 Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices 

Dated: June 23, 2014. 

Richard F. DiNucci, 

Acting Assistant Commissioner, Office of 

International Trade. 

[FR Doc. 2014–16209 Filed 7–10–14; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2014–0035] 

Privacy Act of 1974; Department of 

Homeland Security Federal Emergency 

Management Agency—012 Suspicious 

Activity Reporting System of Records 

AGENCY: Privacy Office, Department of 

Homeland Security. 

ACTION: Notice of Privacy Act System of 

Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to update 

and reissue a current system of records 

titled, ‘‘Department of Homeland 

Security/Federal Emergency 

Management Agency—012 Suspicious 

Activity Reporting System of Records.’’ 

This system of records allows the 

Department of Homeland Security/

Federal Emergency Management Agency 

to collect and maintain records on 

individuals who report suspicious 

activities, individuals reported as being 

involved in suspicious activities, and 

individuals charged with the analysis 

and appropriate handling of suspicious 

activity reports. As a result of the 

biennial review, the Federal Emergency 

Management Agency has made nonsubstantive changes to simplify the 

formatting and text of the previously 

published notice. This updated system 

will be included in the Department of 

Homeland Security’s inventory of 

record systems. 

DATES: Submit comments on or before 

August 11, 2014. This updated system 

will be effective August 11, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2014–0035 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

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

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Karen L. Neuman, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 245 

Murray Drive SW., Building 410, STOP– 

0655, 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: Eric M. 

Leckey, (202) 212–5100, Privacy Officer, 

Federal Emergency Management 

Agency, Department of Homeland 

Security, Washington, DC 20478. For 

privacy questions please contact: Karen 

Neuman (202) 343–1717, Chief Privacy 

Officer, Privacy Office, Department of 

Homeland Security, 245 Murray Drive 

SW., Building 410, STOP–0655, 

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) Federal 

Emergency Management Agency 

(FEMA) proposes to update and reissue 

a current DHS/FEMA system of records 

titled, ‘‘DHS/FEMA—012 Suspicious 

Activity Reporting System of Records.’’ 

FEMA’s mission is to ‘‘support our 

citizens and first responders to ensure 

that as a nation we work together to 

build, sustain, and improve our 

capability to prepare for, protect against, 

respond to, recover from, and mitigate 

all hazards.’’ FEMA collects, maintains, 

and retrieves records of individuals who 

report suspicious activities, individuals 

reported as being involved in suspicious 

activities, and individuals charged with 

the analysis and appropriate handling of 

suspicious activity reports. FEMA’s 

Office of the Chief Security Officer 

(OCSO), Fraud and Investigations Unit 

manages this process. FEMA Suspicious 

Activity Reports (SAR) are secured in a 

room monitored by FEMA OCSO special 

agents and analysts to reduce any risk 

of unauthorized access. 

FEMA SARs may be shared with 

federal, state, local, and tribal 

jurisdictions that have the responsibility 

of investigating suspicious activities 

within their jurisdictions. FEMA SARs 

that do not have a nexus to terrorism or 

hazards to homeland security, (as 

determined by FEMA OCSO special 

agents or analysts) are forwarded to the 

appropriate jurisdiction (such as sheriff 

offices, county/city police, and state 

police). FEMA SARs that have a nexus 

to terrorism or hazards to homeland 

security, (as determined by FEMA 

OCSO special agents or analysts), are 

shared with the Federal Bureau of 

Investigation (FBI) Joint Terrorism Task 

Force (JTTF), Federal Protective Service, 

and/or other federal agencies that are 

required to investigate and respond to 

terrorist threats or hazards to homeland 

security. 

As a result of the biennial review, 

FEMA has made non-substantive 

changes to simplify the formatting and 

text of the previously published notice. 

FEMA’s SAR process is authorized and 

governed by 44 CFR Chapter 2 

‘‘Delegation of Authority;’’ 42 U.S.C. 

5196(d); Executive Order No. 12333 and 

13388; 40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 

314 of the Homeland Security Act of 

2002, as amended; the Intelligence 

Reform and Terrorism Prevention Act of 

2004, as amended; the National Security 

Act of 1947, as amended; and FEMA 

Manual 1010–1 ‘‘Federal Emergency 

Management Agency Missions and 

Functions.’’ 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/FEMA–012 Suspicious 

Activity Reporting System of Records 

may be shared with other DHS 

components that have a need to know 

the information to carry out their 

national security, law enforcement, 

immigration, intelligence, or other 

homeland security functions. In 

addition, information may be shared 

with appropriate federal, state, local, 

tribal, territorial, foreign, or 

international government agencies 

consistent with the routine uses set 

forth in this system of records notice. 

This updated system will be included 

in DHS’s inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information practice principles in a 

statutory framework governing the 

means by which the U.S. 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 

from 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 U.S. 

citizens and lawful permanent 

residents. As a matter of policy, DHS 

extends administrative Privacy Act 

protections to all individuals when 

systems of records maintain information 

on U.S. citizens, lawful permanent 

residents, and visitors. 

Below is the description of the DHS/ 

FEMA–12 Suspicious Activity 

Reporting System of Records. 


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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices 40125 

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 

Department of Homeland Security 

(DHS)/Federal Emergency Management 

Agency (FEMA)–012 

SYSTEM NAME: 

DHS FEMA–012 Suspicious Activity 

Reporting. 

SECURITY CLASSIFICATION: 

For official use only (FOUO) and law 

enforcement sensitive (LES). 

SYSTEM LOCATION: 

FEMA maintains records at FEMA 

Headquarters in Washington, DC, and in 

field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals includes 

individuals who report suspicious 

activities, individuals reported as being 

involved in suspicious activities, and 

individuals charged with the analysis 

and appropriate handling of suspicious 

activity reports. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

• Case/incident number; 

• Name (first, middle, and last); 

• Address (number, street, apartment, 

city, and state); 

• Age; 

• Sex; 

• Race; 

• Signature (investigator, analyst, or 

law enforcement officer (LEO)); 

• Jurisdiction; 

• Injury code (if applicable); 

• Telephone numbers (home, 

business, or cell); 

• Other contact information (e.g., 

email address); and 

• Property information (name, 

quantity, serial number, brand name, 

model, value, year, make, color, 

identifying characteristics, and/or 

registration information). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

44 CFR Chapter 2 ‘‘Delegation of 

Authority;’’ 42 U.S.C. 5196(d); 

Executive Order No. 12333 and 13388; 

40 U.S.C. 1315(b)(2)(F); 6 U.S.C. 314 of 

the Homeland Security Act of 2002, as 

amended; the Intelligence Reform and 

Terrorism Prevention Act of 2004, as 

amended; the National Security Act of 

1947, as amended; and FEMA Manual 

1010–1 ‘‘Federal Emergency 

Management Agency Missions and 

Functions.’’ 

PURPOSE(S): 

The purpose of this system is to 

collect, investigate, analyze, and report 

suspicious activities to the Federal 

Bureau of Investigations (FBI) Joint 

Terrorism Task Force (JTTF), Federal 

Protective Service, and/or other federal, 

state, or local agencies required to 

investigate and respond to terrorist 

threats or hazards to homeland security. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice (DOJ), 

including Offices of the U.S. Attorneys, 

or to another 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 or former employee 

of DHS in his/her official capacity; 

3. Any employee or former employee 

of DHS in his/her individual capacity 

when DOJ or DHS has agreed to 

represent the employee; or 

4. The U.S. or any agency thereof. 

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 (NARA) or 

General Services Administration 

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. DHS has determined that as a result 

of the suspected or confirmed 

compromise, there is a risk of identity 

theft or fraud, harm to economic or 

property interests, harm to an 

individual, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) that 

rely upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, when 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 appropriate federal, state, 

tribal, local, international 

counterterrorism agencies when DHS 

becomes aware of an indication of a 

threat or potential threat to security, and 

when such use is to assist in 

counterterrorism efforts. 

I. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, when there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, to the 

extent the information is relevant to the 

protection of life, property, or other vital 

interests of a data subject and disclosure 

is proper and consistent with the official 

duties of the person making the 

disclosure. 

J. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information, when disclosure is 

necessary to preserve confidence in the 

integrity of DHS, or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 


tkelley on DSK3SPTVN1PROD with NOTICES
40126 Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Notices 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

FEMA stores records in this system 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, and digital media. 

RETRIEVABILITY: 

FEMA retrieves records by case/

incident number, name, address, and/or 

date. 

SAFEGUARDS: 

FEMA safeguareds records in this 

system in accordance with applicable 

rules and policies, including all 

applicable DHS automated systems 

security and access policies. FEMA 

imposes strict controls to minimize the 

risk of compromising the information 

that is being stored. FEMA limits access 

to the computer system containing the 

records 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: 

Pursuant to National Archives and 

Records Administration (NARA) 

Schedule Number N1–311–99–6, Items 

1, 2, and 3, files containing information 

or allegations that are of an investigative 

nature but do not relate to a specific 

investigation are destroyed when five 

years old. Investigative case files that 

involve allegations made against senior 

agency officials, attract significant 

attention in the media, attract 

congressional attention, result in 

substantive changes in agency policies 

and procedures, or are cited in the 

Office of the Investigator General (OIG)’s 

periodic reports to Congress are cut off 

when the case is closed, retired to the 

Federal Records Center (FRC) five years 

after cutoff, and then transferred to 

NARA 20 years after cutoff. All other 

investigative case files are placed in 

inactive files when case is closed, cut 

off at the end of fiscal year, and 

destroyed 10 years after cutoff, except 

those that are unusually significant for 

documenting major violations of 

criminal law or ethical standards by 

agency officials or others. 

SYSTEM MANAGER AND ADDRESS: 

Office of the Chief Security Officer, 

Fraud and Investigation Unit, 1201 

Maryland Avenue SW, Washington, DC 

20024. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

DHS/FEMA will consider individual 

requests to determine whether or not 

information may be released. Thus, 

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 Chief of the FEMA 

Disclosure Branch whose contact 

information can be found at http://

www.dhs.gov/foia under ‘‘contacts.’’ If 

an individual believes more than one 

component maintains Privacy Act 

records concerning him or her, the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

Department of Homeland Security, 245 

Murray Drive SW., Building 410, STOP– 

0655, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

http://www.dhs.gov/foia or 1–866–431– 

0486. In addition you should: 

• Explain 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; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records. 

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: 

Records are obtained from individuals 

who report suspicious activities, 

individuals reported as being involved 

in suspicious activities, and individuals 

charged with the analysis and 

appropriate handling of suspicious 

activity reports, commercially available 

systems, and also from other federal, 

state, and local law enforcement 

agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from the 

following provisions of the Privacy Act, 

subject to the limitation set forth in 5 

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

(e)(4)(H), (e)(4)(I); and (f) pursuant to 5 

U.S.C. 552a (k)(2). 

Dated: June 24, 2014. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2014–16112 Filed 7–10–14; 8:45 am] 

BILLING CODE 9110–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2014–0543] 

Great Lakes Pilotage Advisory 

Committee; Notice of a Meeting 

AGENCY: Coast Guard, DHS. 

ACTION: Committee Management; Notice 

of Federal Advisory Committee Meeting; 

Correction 

SUMMARY: The Coast Guard published a 

meeting notice for the Great Lakes 

Pilotage Advisory Committee in the 

Federal Register of July 7, 2014. The 

notice contained incorrect information 

under ADDRESSES and SUPPLEMENTARY

INFORMATION—Agenda. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michelle Birchfield, telephone 202– 

372–1537, fax 202–372–8387, or email 

at Michelle.R.Birchfield@uscg.mil. 

Correction 

In the Federal Register of July 7, 

2014, in FR Doc. 2014–15790, on page 


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