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(e.g., permitting electronic submissions
of responses).
The Department is particularly
interested in comments which:
1. Respond to the Department’s
interpretation of the population affected
by RBPS–12 background checks, as
outlined in 6 CFR 27.230(a)(12);
2. Respond to fact that the Department
or a Federal law enforcement agency
may, if appropriate, contact the highrisk chemical facility as a part of a law
enforcement investigation into terrorist
ties of facility personnel;
3. Respond to the Department’s
intention to collect information that
identifies the high-risk chemical
facilities, restricted areas and critical
assets to which each affected individual
has access; and
4. Respond to the Department on its
intention to seek an exception to the
notice requirement under 5 CFR
1320.8(b)(3).
Analysis

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Agency: Department of Homeland
Security, National Protection and
Programs Directorate, Office of
Infrastructure Protection, Infrastructure
Security Compliance Division.
Title: CFATS Personnel Surety
Program.
Form: Not Applicable.
OMB Number: 1670–NEW.
Frequency: As required by the DHSapproved schedule.
Affected Public: High-risk chemical
facilities as defined in 6 CFR part 27,
high-risk chemical facility personnel,
and as appropriate, unescorted visitors
with access to restricted areas or critical
assets.
Number of Respondents: 354,400
individuals.
Estimated Time per Respondent: 0.59
hours (35.4 minutes).
Total Burden Hours: 210,351.7 annual
burden hours.
Total Burden Cost (capital/startup):
$0.00.
Total Burden Cost (operating/
maintaining): $17,669,543.
Dated: March 6, 2010.
Thomas Chase Garwood, III,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. 2010–8312 Filed 4–12–10; 8:45 am]
BILLING CODE 9110–9P–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0146]

Privacy Act of 1974; Department of
Homeland Security Citizenship and
Immigration Services Ombudsman–
001 Virtual Ombudsman System of
Records
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

18857

FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Raymond Mills (202–357–8100), Privacy
Point of Contact, Office of the
Citizenship and Immigration Services
Ombudsman, Department of Homeland
Security, Washington, DC 20528. For
privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:

records.

I. Background

SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to establish a new
Department of Homeland Security
system of records notice titled,
‘‘Department of Homeland Security
Citizenship and Immigration Services
Ombudsman–001 Virtual Ombudsman
System of Records.’’ This system of
records will ensure the efficient and
secure processing of information to aid
the Citizenship and Immigration
Services Ombudsman in providing
assistance to individuals, employers,
and their representatives in resolving
problems with U.S. Citizenship and
Immigration Services; identify areas in
which individuals, employers, and their
representatives have problems working
with U.S. Citizenship and Immigration
Services; and to the extent possible,
propose changes to mitigate problems
pursuant to 6 U.S.C. 272. This newly
established system will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
May 13, 2010. This new system will be
effective May 13, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0146 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received go to http://
www.regulations.gov.

Pursuant to the Privacy Act of 1974,
(5 U.S.C. 552a), the Department of
Homeland Security (DHS) Citizenship
and Immigration Services Ombudsman
(CISOMB) is giving notice that it
proposes to establish a new DHS system
of records notice titled, ‘‘DHS/CISOMB–
001 Virtual Ombudsman System of
Records.’’ This system of records will
ensure the efficient and secure
processing of information to aid the
CISOMB in providing assistance to
individuals, employers, and their
representatives in resolving problems
with U.S. Citizenship and Immigration
Services (USCIS); identify areas in
which individuals, employers, and their
representatives have problems working
with USCIS; and to the extent possible,
propose changes to mitigate problems
pursuant 6 U.S.C. 272.
CISOMB has developed the DHS/
CISOMB–001 Virtual Ombudsman
System of Records to ensure the
efficient and secure processing of
information and to aid the Ombudsman
in assisting individuals and employers
in making systemic recommendations to
USCIS. The core of the DHS/CISOMB–
001 Virtual Ombudsman System of
Records is CISOMB’s Web form 7001
which is a user interface Web-based
form which will automatically convert
information submitted by an individual
or employer into a case within
CISOMB’s account within Internet
Quorum/Enterprise Correspondence
Tracking (IQ/ECT) system. IQ/ECT is the
Department’s enterprise-wide
correspondence and case management
tracking system. This system allows the
Department’s headquarters and
components to manage cases and
resolve issues in a coordinated and
timely manner. For more information on
IQ/ECT, please view the Enterprise
Correspondence Tracking System PIA at
http://www.dhs.gov/privacy. The system
also enables CISOMB to segregate data
into several categories to generate
internal reports, provide customized
feedback to individuals and employers,
and supply real-time aggregated

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statistical information for the CISOMB
to assist individuals and employers with
their problems with USCIS.
The purpose of this system is to
provide efficient and secure case
management and processing of
information related to individuals and
employers problems allowing the
Ombudsman to make systemic
recommendations to USCIS. The
Department’s authority for this
collection is primarily Section 452 of
the Homeland Security Act of 2002.
This system will collect individuals’
personal information to support the
Ombudsman’s efforts to make
recommendations to USCIS pursuant to
6 U.S.C. 272. Efforts have been made to
safeguard records in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
risk of compromising the information
that is being stored. Access to the
computer system containing the records
in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
The routine uses posted cover sharing
with the Department of Justice for legal
representation; to Congress at the
request of a constituent; to the National
Archives and Records Administration
for records retention and disposal; to
agencies, organizations, and individuals
for purposes of audit as well as for
security breaches; to contractors of the
Department in performance of their
contractual duties; to appropriate
agencies and entities for investigations
and prosecutions; and to an attorney or
representative who is acting on behalf of
an individual. This system collects
information under the Paperwork
Reduction Act using the following form:
DHS Form 7001, Case Problem
Submission Worksheet and Supporting
Statement Case Problem Submission,
OMB Control Number 1601–0004,
Expiration Date 01/01/2013.
This newly established system will be
included in DHS’s inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by

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the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to their
records are put, and to assist individuals
to more easily find such files within the
agency. Below is the description of the
DHS/CISOMB–001 Virtual Ombudsman
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
System of Records:

DHS/CISOMB–001
SYSTEM NAME:

Citizenship and Immigration Services
Ombudsman—001 Virtual Ombudsman
System of Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at Citizenship
and Immigration Services Ombudsman
Headquarters in Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include: any member of the
general public, including individuals,
employers, and their representatives
seeking assistance from the Citizenship
and Immigration Services Ombudsman
in resolving general matters, issues, or
problems with USCIS.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s full legal name
including any aliases;

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• Individual’s date and country of
birth;
• Individual’s legal citizenship;
• Individual’s alien (‘‘A’’) number;
• Full legal name of person preparing
form if other than the individual named
in the case;
• Applications and petitions filed;
• Receipt number located on the top
left hand corner of Notice of Action
(Form I–797) received from USCIS in
response to the application/petition
filed;
• Immigration status or interim
benefit applied or petitioned for;
• Type of case problem;
• Source of case problem;
• Description of case problem;
• Prior actions taken to remedy the
problem;
• Designated attorney/representative;
• Consent of the petitioner for USCIS
to disclose information in the file to the
designated representative;
• Verification statement signed and
dated by the individual of the inquiry or
the authorized representative; and
• Declaration by the individual or the
attorney or representative submitting
the case problem.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 452 of the Homeland Security
Act of 2002.
PURPOSE(S):

The purpose of this system is to
provide efficient and secure case
management and processing of
information related to individuals and
employers problems with USCIS.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3), and in
accordance with 6 U.S.C. 272, as
follows:
A. To the Department of Justice
(including United States Attorney
Offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her
official capacity;
3. any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or

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Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Notices
4. the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish a
CISOMB function related to this system
of records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face

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or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To an attorney or representative
who is acting on behalf of an individual
covered by this system of records to
obtain the individual’s information
submitted to the Virtual Ombudsman
System.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Records may be retrieved by CISOMB
Case Number, Alien Registration
Number, or by the individuals’ name.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:

In accordance with National Archives
and Records Administration approved
retention and disposal policy N1–563–
08, processed case files are cut off at the
final disposition of the case and are
deleted or destroyed ten years after
cutoff. Uncompleted case files are the
record copy of cases where additional
information is requested, but not
received. Cases are closed 30 days after
the request for additional information.
These records are cut off 30 days from
date of request if no response, and are
deleted or destroyed 5 years after cutoff.
SYSTEM MANAGER AND ADDRESS:

CISOMB VOS Project Manager (202–
357–8100), Office of the Citizenship and
Immigration Services Ombudsman,

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Department of Homeland Security,
Washington, DC 20528.
NOTIFICATION PROCEDURE:

Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the CISOMB’s
FOIA Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
FOIA Officer at http://www.dhs.gov or
1–866–431–0486. In addition you
should provide the following:
• An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Information originates from
stakeholders and customers who contact
the CISOMB.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

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Dated: March 19, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–8313 Filed 4–12–10; 8:45 am]
BILLING CODE 9110–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0017]

Privacy Act of 1974, Department of
Homeland Security Transportation
Security Administration—013 Federal
Flight Deck Officer Record System
Privacy Office, DHS.
Notice to alter an existing
Privacy Act system of records.
AGENCY:

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ACTION:

SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
and reissue an existing Department of
Homeland Security system of records
notice titled, Transportation Security
Administration—013 Federal Flight
Deck Officer Record System, previously
published on August 18, 2003. The
Federal Flight Deck Officer Record
System contains records necessary for
assessment, acceptance, training,
participation, and recertification of
deputized pilots of commercial air
carriers who participate in the Flight
Deck Officer Program designed to
defend aircraft flight decks against acts
of criminal violence or air piracy.
As a result of the biennial review of
this system, modifications are being
made to the system of records’ routine
uses, record sources, retention and
disposal, notification procedures, and
system manager and address.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1), (k)(2) and
(k)(6) as reflected in the final rule
published in the Federal Register on
June 25, 2004.
This updated system will continue to
be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
May 13, 2010. The system will be
effective May 13, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0017 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.

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• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Peter
Pietra, Privacy Officer, Transportation
Security Administration, TSA–36, 601
South 12th Street, Arlington, VA 20598–
6036 or TSAprivacy@dhs.gov. For
privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:

I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS)
Transportation Security Administration
(TSA) proposes to update and reissue a
DHS/TSA system of records notice
titled, DHS/TSA–013 Federal Flight
Deck Officer Record System (FDORS),
previously published on August 18,
2003 (68 FR 49496).
TSA’s mission is to protect the
nation’s transportation systems to
ensure freedom of movement for people
and commerce. To achieve this mission,
TSA is required to develop and adapt its
security programs to respond to
evolving threats to transportation
security. In accordance with the
biennial review of this system, the
following modifications are being made:
• DHS/TSA is updating the system of
records to incorporate five Department
of Homeland Security (DHS) standard
routines uses. One routine use will
allow the release of information to
appropriate agencies, entities, and
persons when DHS/TSA suspects or has
confirmed that the security or
confidentiality of an information system
of records has been compromised.
Another routine use permits the release
of information to the media when there
exists a legitimate public interest in
disclosing information. Release under
this routine use will require the
approval of the DHS Chief Privacy
officer in consultation with counsel.
The third routine use allows the release
of information to a court, magistrate,

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administrative tribunal or opposing
counsel or parties where a federal
agency is a party or has an interest in
the litigation or administrative
proceeding. The fourth routine use
allows DHS/TSA to release information
to a former employee when it is
necessary to consult with the former
employee regarding a matter that is
within that person’s former area of
responsibility. The fifth routine use
allows DHS/TSA to release information
to appropriate entities where it would
assist in the enforcement of civil or
criminal laws.
• DHS/TSA is revising a routine use
currently in by adding indirect air
carriers and other facility operators as
potential recipients of information from
these systems when appropriate to
address a threat or potential threat to
transportation security or national
security, or when required for
administrative purposes related to the
effective and efficient administration of
transportation security laws.
• DHS/TSA is also revising a current
routine use by adding indirect air
carriers and other facility operators as
potential recipients of information about
individuals who are their employees,
job applicants, or contractors, or persons
to whom they issue identification
credentials or grant clearances to
secured areas in transportation facilities
when relevant to such employment,
application, contract, training or the
issuance of such credentials or
clearances.
• Finally, DHS/TSA has removed as a
routine use the sharing of information
with the Attorney General of the United
States concerning violations of the
Brady Handgun Violence Prevention
Act as it is duplicative.
• The record source categories are
being updated to reflect the use of
commercial and public record databases
and Web sites to obtain information
regarding the identity of individuals
who attempt to gain access to the sterile
areas of the airport and for whom
identity needs to be verified or
individuals who are being vetted to
qualify as federal flight deck officers.
• The retention and disposal section
is updated to reflect the records
retention schedules approved by the
National Archives and Records
Administration (NARA).
• The notification section was
changed to reflect that inquiries
regarding whether the applicable system
contains records about an individual
should be directed to TSA’s Freedom of
Information Act (FOIA) Office.
• The system manager and address
were revised to reflect the current
system manager.

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