28752 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices 

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; 

• Provide any 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: 

Records are obtained from individuals 

who apply for and individuals who are 

insured under the NFIP; WYO 

companies; flood insurance agents and 

lenders; individuals requesting NFIP 

information; insurance appraisal 

records, title reports, homeowner 

reports, notations, and documents from 

homeowner/condominium associations, 

and NFIP flood maps. DHS/FEMA and 

WYO companies use various Housing 

and Urban Development (HUD) and 

FEMA forms to collect information 

within this system of records. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: May 8, 2014 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2014–11386 Filed 5–16–14; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2014–0013] 

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: Department of Homeland 

Security, Privacy Office. 

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 Department of 

Homeland Security system of records 

titled, ‘‘Department of Homeland 

Security/National Protection and 

Programs Directorate—002 Chemical 

Facility Anti-Terrorism Standards 

Personnel Surety Program System of 

Records.’’ This system of records allows 

the Department of Homeland Security/ 

National Protection and Programs 

Directorate to collect and maintain 

records 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 compare this 

information to the Terrorist Screening 

Database, the terrorist watchlist 

maintained by the Federal Bureau of 

Investigation’s Terrorist Screening 

Center. As a result of a biennial review 

of this system and changes to the 

Chemical Facility Anti-Terrorism 

Standards Personnel Surety Program, 

the Department of Homeland Security/ 

National Protection and Programs 

Directorate is updating this system of 

records notice to include a new category 

of record and routine use. 

Administrative updates are being made 

globally to better align the description of 

the program with other CFATS 

Personnel Surety Program 

documentation. Additionally, the 

Department of Homeland Security is 

concurrently issuing a Final Rule to 

exempt this system of records from 

certain provisions of the Privacy Act, 

elsewhere in the Federal Register. This 

notice also includes non-substantive 

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 

June 18, 2014. This updated system will 

be effective June 18, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2014–0013 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, 

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, please visit 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 questions, please 

contact: Karen L. Neuman, (202) 343– 

1717, 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 update and reissue 

a current 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. 

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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices 28753 

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 

who are seeking access, either 

unescorted or otherwise, to restricted 

areas or critical assets; and (2) 

unescorted visitors who have or who 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 facilityspecific determination, and should be 

based on facility security, operational 

requirements, and business practices. 

With the publication of this updated 

system of records, DHS is making the 

following changes: (1) Category of 

records has been updated to include 

Trusted Traveler Program information 

and information necessary to assist in 

verifying status of enrollment in another 

DHS program; and (2) routine use K has 

been added. Under routine use K, DHS 

may provide records to high-risk 

chemical facilities, or their designees, 

for the purpose of ensuring that 

information on all affected individuals 

submitted by or on behalf of the facility 

who have or are seeking access to 

restricted areas or critical assets has 

been appropriately submitted to DHS. A 

high-risk chemical facility may have 

access to information on the affected 

individuals that were submitted by the 

facility or on behalf of the facility. 

Designees of high-risk chemical 

facilities may only have access to 

information on the affected individuals 

that the designee submitted on behalf of 

the facility. Routine use K is compatible 

with the purposes for which the 

information is collected because the 

information will be used to ensure that 

the appropriate affected individuals are 

receiving the required terrorist ties 

checks. 

In addition, administrative updates 

are being made globally to better align 

the description of the program with 

other CFATS Personnel Surety Program 

documentation. This notice also 

includes non-substantive changes to 

simplify the formatting and text of the 

previously published notice. 

Under the CFATS Personnel Surety 

Program, for each affected individual a 

high-risk chemical facility, or its 

designee, may use the following options 

for submitting information to the 

Department (in addition to other 

options, not discussed in this systems of 

records notice, that would not involve 

submission of information to DHS): 

Option 1—Direct vetting: High-risk 

chemical facilities (or their designees) 

may submit information to NPPD about 

an affected individual to be compared 

on a recurrent basis against identifying 

information of known or suspected 

terrorists, and/or 

Option 2—Use of vetting conducted 

under other DHS programs: High-risk 

chemical facilities (or their designees) 

may submit information to NPPD about 

an affected individual’s enrollment in 

the Transportation Worker 

Identification Credential (TWIC) 

Program, Hazardous Materials 

Endorsement (HME) Program, or the 

NEXUS, Secure Electronic Network for 

Travelers Rapid Inspection (SENTRI), 

Free and Secure Trade (FAST), and 

Global Entry Trusted Traveler Programs. 

Each of those programs conducts 

recurrent vetting, which is equivalent to 

the terrorist ties vetting conducted 

under Option 1. 

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 highrisk 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 

authorized and/or approved in 

accordance with 6 CFR 27.245. The 

Submitter(s) of each high-risk chemical 

facility will also affirm that, in 

accordance with its 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 previously indicated in the June 

14, 2011 Chemical Facility AntiTerrorism Standards Personnel Surety 

Program System of Records that it 

would issue 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; or (3) notifies 

DHS that an affected individual no 

longer has or is seeking access to that 

facility’s restricted areas or critical 

assets. However, DHS now intends to 

provide high-risk chemical facilities, 

and their designees, the ability to create 

an alert within the CSAT Personnel 

Surety application that can notify them 

when DHS has received information 

about an affected individual(s) under 

Option 1 or Option 2. Further, DHS will 

also allow high-risk chemical facilities 

the ability to view the status (e.g., that 

some information about an affected 

individual has been inputted into CSAT 

but not yet submitted to DHS under 

Option 1 or Option 2; or that 

information about an affected individual 

has been submitted) of records about 

affected individuals associated with 

their facility within the CSAT Personnel 

Surety application. High-risk chemical 

facilities may also have the ability to 

download reports from CSAT. These 

reports may include information 

submitted about affected individuals 

with access to that facility as well as 

status of enrollment in other DHS 

programs. High-risk chemical facilities 

will be responsible for managing their 

user roles and determining what access 

each user may have within the CFATS 

Personnel Surety application to ensure 

that only the appropriate users have 

access to the information about affected 

individuals being submitted to DHS. 

Upon receipt of each affected 

individual’s information in CSAT using 

Option 1—Direct vetting, DHS/NPPD 

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28754 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices 

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 on a 

recurrent basis. 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. 

Upon receipt of each affected 

individual’s information in CSAT using 

Option 2—Use of vetting conducted 

under other DHS programs, DHS/NPPD 

will send information to DHS/TSA to 

verify enrollment in the TWIC or HME 

Program or to DHS/U.S. Customs and 

Border Protection (CBP) to verify 

enrollment in the Trusted Traveler 

Program. If an affected individual’s 

enrollment in one of these programs is 

verified, NPPD will periodically reverify the affected individual’s 

continued enrollment. If the affected 

individual’s enrollment in one of these 

programs is no longer verified, then 

NPPD will notify the high-risk chemical 

facility, or its designee. NPPD may 

initiate vetting under Option 1, as 

appropriate. The high-risk chemical 

facility will be responsible for taking 

action in accordance with its SSP or 

ASP, which may include submitting 

new or updated information on that 

affected individual. 

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., when an affected individual has a 

common name). Such requests do 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. 

High-risk chemical facilities may 

propose to maintain different sorts of 

records or information related to RBPS 

12 as part of their SSP or ASP, and DHS 

expects that the records or information 

available could vary from one high-risk 

chemical facility to another. The types 

of information DHS may request from 

high-risk chemical facilities as part of 

data accuracy reviews or audits could 

thus vary from facility to facility, based 

on each facility’s standard business 

practices and SSP or ASP. The records 

requested may contain information 

pertaining to affected individuals that 

was previously provided to DHS/NPPD 

by the high-risk chemical facility. 

Consistent with DHS’s informationsharing 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 

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, DHS/NPPD may 

share information 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. 

Additionally, DHS is concurrently 

issuing a Final Rule to exempt this 

system of records from certain 

provisions of the Privacy Act elsewhere 

in the Federal Register. 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 federal government 

agencies collect, maintain, use, and 

disseminate 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/ 

NPPD—002 Chemical Facility AntiTerrorism 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 

Department of Homeland Security 

(DHS)/National Protection and Programs 

Directorate (NPPD)—002. 

SYSTEM NAME: 

DHS/NPPD—002 Chemical Facility 

Anti-Terrorism Standards Personnel 

Surety Program 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive, For Official 

Use Only, Law Enforcement-Sensitive, 

and Classified. 

SYSTEM LOCATION: 

Records are maintained at the DHS 

and NPPD Headquarters in Washington, 

DC and 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)), referred to in this notice 

as ‘‘affected individuals’’; 

(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 

listed 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. 

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(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 that 

conducts equivalent vetting against the 

TSDB, such as the Transportation 

Worker Identification Credential (TWIC) 

Program, the Hazardous Materials 

Endorsement (HME) Program, or 

Trusted Traveler 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, 

Commercial Driver’s License (CDL) 

Number and CDL issuing state(s) for the 

HME Program, or PASS ID Number for 

the Trusted Traveler 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 highrisk 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 or 

information from other government law 

enforcement and intelligence databases, 

as well as other relevant databases that 

may contain terrorism information; 

(7) Information necessary to assist in 

tracking submissions and transmission 

of records or verifying status of 

enrollment in another DHS program, 

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. 

PURPOSE(S): 

The purpose of this system is 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) 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 other federal agencies conducting 

litigation or in proceedings before any 

court, adjudicative, or administrative 

body, when it is relevant or 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 or organization 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 federal, state, local, tribal, 

territorial, foreign, multinational, or 

private sector entities as appropriate to 

assist in coordination of terrorist threat 

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28756 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices 

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 contained in 

the TSDB; 

3. Provide information and analysis 

about terrorist encounters and known or 

suspected terrorists 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. 

K. To high-risk chemical facilities, or 

their designees, for the purpose of 

ensuring that information on all affected 

individuals submitted by or on behalf of 

the facility who have or are seeking 

access to restricted areas or critical 

assets at a high-risk chemical facility 

has been appropriately submitted to the 

Department. 

L. 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 when disclosure is 

necessary to demonstrate the 

accountability of DHS’s officers, 

employees, or individuals covered by 

the system, except to the extent the 

Chief Privacy Officer determines that 

release of 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: 

DHS/NPPD stores records in this 

system electronically or on paper in 

secure facilities in a locked drawer 

behind a locked door. The records may 

be stored on magnetic disc, tape, digital 

media. 

RETRIEVABILITY: 

Records may be retrieved 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: 

DHS/NPPD safeguards records in this 

system according to applicable rules 

and policies, including all applicable 

DHS automated systems security and 

access policies. NPPD has imposed 

strict controls 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: 

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 NARA. 

The length of time DHS/NPPD will 

retain information on individuals will 

depend 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 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act. However, 

DHS/NPPD 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 Privacy Officer and 

DHS or NPPD FOIA Officer, 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, Mail 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 

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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices 28757 

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 the above 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: 

NPPD obtains records from high-risk 

chemical facilities and their designees. 

High-risk chemical facilities must 

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. 

NPPD may also obtain information 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: 

The Secretary of Homeland Security, 

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

(k)(2), has exempted this system from 

the following provisions of the Privacy 

Act, 5 U.S.C. 552a(c)(3); (d); (e)(1); 

(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 

When this system receives a record 

from another system exempted in that 

source system under 5 U.S.C. 552a(j) or 

(k), DHS will claim the same 

exemptions for those records that are 

claimed for the original primary systems 

of records from which they originated 

and claims any additional exemptions 

set forth here. 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: May 1, 2014. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2014–11431 Filed 5–16–14; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[OMB Control Number 1615–0105] 

Agency Information Collection 

Activities: Notice of Entry of 

Appearance as Attorney or Accredited 

Representative; Notice of Entry of 

Appearance as Attorney In Matters 

Outside the Geographical Confines of 

the United States, Form G–28; G–28I; 

Revision of a Currently Approved 

Collection. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Homeland 

Security (DHS), U.S. Citizenship and 

Immigration Services (USCIS) invites 

the general public and other Federal 

agencies to comment upon this 

proposed revision of a currently 

approved collection of information. In 

accordance with the Paperwork 

Reduction Act (PRA) of 1995, the 

information collection notice is 

published in the Federal Register to 

obtain comments regarding the nature of 

the information collection, the 

categories of respondents, the estimated 

burden (i.e., the time, effort, and 

resources used by the respondents to 

respond), the estimated cost to the 

respondent, and the actual information 

collection instruments. 

USCIS is also soliciting comments 

regarding additional features proposed 

for incorporation into form G–28. The 

new features clarify USCIS notification 

practices relating to represented parties. 

Specifically, USCIS is revising the G–28 

to provide that, for represented parties 

DHS will send all original notices and 

documents regarding any application or 

petition filed with DHS to the 

applicants and petitioners directly with 

a courtesy copy sent to the attorney of 

record or accredited representative. 

However, on the form the applicant or 

petitioner may instruct USCIS to (a) 

send any notice regarding an 

application or petition that he or she has 

filed with DHS to the business address 

of their attorney of record or accredited 

representative as listed in the form, or; 

(b) send any secure identity document, 

such as a Permanent Resident Card or 

Employment Authorization Document, 

that he or she is approved, for to the 

official business address of his or her 

attorney of record or accredited 

representative. The proposed new forms 

are available for review in the docket. 

DATES: Comments are encouraged and 

will be accepted for 60 days until July 

18, 2014. 

ADDRESSES: All submissions received 

must include the OMB Control Number 

1615–0105 in the subject box, the 

agency name and Docket ID USCIS– 

2008–0037. To avoid duplicate 

submissions, please use only one of the 

following methods to submit comments: 

(1) Online. Submit comments via the 

Federal eRulemaking Portal Web site at 

www.regulations.gov under e-Docket ID 

number USCIS–2008–0037; 

(2) Email. Submit comments to 

USCISFRComment@uscis.dhs.gov; 

(3) Mail. Submit written comments to 

DHS, USCIS, Office of Policy and 

Strategy, Chief, Regulatory Coordination 

Division, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140. 

SUPPLEMENTARY INFORMATION: 

Comments 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to the Federal eRulemaking 

Portal at http://www.regulations.gov, 

and will include any personal 

information you provide. Therefore, 

submitting this information makes it 

public. You may wish to consider 

limiting the amount of personal 

information that you provide in any 

voluntary submission you make to DHS. 

DHS may withhold information 

provided in comments from public 

viewing that it determines may impact 

the privacy of an individual or is 

offensive. For additional information, 

please read the Privacy Act notice that 

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