Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,603
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Vol. 75, No. 219
Monday, November 15, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
DEPARTMENT OF HOMELAND
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2010-0085]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security National Protection and
Programs Directorate-001 National
Infrastructure Coordinating Center
Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Department of Homeland
Security is giving concurrent notice of a
newly established system of records
pursuant to the Privacy Act of 1974 for
the Department of Homeland Security
National Protection and Programs
Directorate-001 National Infrastructure
Coordinating Center Records System of
Records and this proposed rulemaking.
In this proposed rulemaking, the
Department proposes to exempt
portions of the system of records from
one or more provisions of the Privacy
Act because of criminal, civil, and
DATES: Comments must be received on
or before December 15, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS-
2010-0085, by one of the following
* 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 notice. 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://
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Emily
Andrew (703-235-2182), Privacy
Officer, National Protection and
Programs Directorate, Department of
Homeland Security, Washington, DC
20528. For privacy issues please
contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) National
Protection and Programs Directorate
(NPPD) proposes to establish a new DHS
system of records titled, "DHS/NPPD-
001 National Infrastructure
Coordinating Center (NICC) Records
System of Records."
This system of records will allow
DHS/NPPD, including the NICC (an
extension of the National Operations
Center (NOC)) to collect, plan,
coordinate, report, analyze, and fuse
infrastructure information related to all-
threats and all-hazards, law enforcement
activities, intelligence activities, man-
made disasters and acts of terrorism,
natural disasters, and other information
collected or received from Federal,
State, local, tribal, and territorial
agencies and organizations; foreign
governments and international
organizations; domestic security and
emergency management officials; and
private sector entities or individuals
into the NICC.
The NICC provides the mission and
capabilities to assess the operational
status of the Nation's 18 critical
infrastructures and key resources (CIKR)
sectors during normal operations and
incident management activities,
supports information sharing with
National Infrastructure Protection Plan
(NIPP) partners, and owners and
operators of critical infrastructure
facilities, and facilitates information
sharing across and between the 18
The NICC is both an operational
component of the NPPD Office of
Infrastructure Protection (IP) and a
watch operations element of the DHS
NOC. The NICC operates 24 hours a day,
7 days a week, 365 days a year to
facilitate coordination and information
sharing with the CIKR sectors. The NICC
produces consolidated CIKR reports for
incorporation into situational awareness
reports and for inclusion into the
common operating picture.
DHS is authorized to implement this
program primarily through the
Homeland Security Act of 2002 as
codified within 6 U.S.C. 321d(b)(1), 515.
This system has an effect on individual
privacy that is balanced by the need to
collect, plan, coordinate, report,
analyze, and fuse CIKR information
coming into and going out of the NICC
as well as the NOC. Routine uses
contained in this notice include sharing
with the Department of Justice (DOJ) for
legal advice and representation; to a
congressional office at the request of an
individual; to the National Archives and
Records Administration (NARA) for
records management; to contractors in
support of their contract assignment to
DHS; to appropriate Federal, State,
tribal, local, international, foreign
agency, or other appropriate entity
including the private sector in their role
aiding the NICC in their mission; to
agencies, organizations or individuals
for the purpose of an audit; to agencies,
entities, or persons during a security or
information compromise or breach; to
an agency, organization, or individual
when there could potentially be a risk
of harm to an individual; and to the
news media in the interest of the public.
A review of this system is being
conducted to determine if the system of
records collects information under the
Paperwork Reduction Act (PRA).
Based on the information contained
within this system of records, the NICC
develops reports that are shared both
within DHS and with the CIKR sectors.
The NICC creates two reports, one with
PII and one without. The one without
PII is what is shared broadly with the
CIKR sectors as well as the State and
local fusion centers. Consistent with
DHS's information sharing mission,
information contained in the DHS/
NPPD-001 NICC Records System of
Records may be shared with other DHS
components, as well as appropriate
Federal, State, local, tribal, territorial,
foreign, or international government
agencies. This sharing will only take
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52800/m1/41/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.