System of Records Notice (SORN)

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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,
• 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 with DHS and
its components.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–24749 Filed 10–16–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0022]

Privacy Act of 1974; Department of
Homeland Security Emergency
Personnel Location Records System of
Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

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records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security
proposes to consolidate two legacy
record systems: FEMA/NP–1 Emergency

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Assignment Records, September 7,
1990, and FEMA/NP–2 Key Personnel
Central Locator List, September 7, 1990,
into one Department of Homeland
Security-wide system of records. This
system will allow the Department of
Homeland Security and its components
to contact necessary Departmental
personnel, including Federal employees
and contractors, and other individuals
to respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s emergency personnel
location record systems. This
reclassified system, titled Emergency
Personnel Location Records, will be
included in the Department’s inventory
of record systems.
DATES: Submit comments on or before
November 17, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0022 by one of the following
methods:
• Federal e-Rulemaking Portal: http:
//www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, 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 and privacy issues
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002 Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
that concern key DHS personnel (to

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include Federal employees and
contractors) and other individuals who
may be required to respond to all
hazards emergencies including
technical, manmade or natural disasters,
or to participate in exercises.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS is establishing an agencywide system of records under the
Privacy Act (5 U.S.C. 552a) for DHS
Emergency Personnel Location records.
This will ensure that all components of
DHS follow the same privacy rules for
collecting and handling Emergency
Personnel Location records.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS proposes to
consolidate two legacy record systems:
FEMA/NP–1 Emergency Assignment
Records (55 FR 37182 September 7,
1990) and FEMA/NP–2 Key Personnel
Central Locator List (55 FR 37182
September 7, 1990) into one DHS-wide
system of records. This system will
allow DHS and its components to
contact necessary DHS personnel,
including Federal employees and
contractors, and other individuals to
respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. Categories of individuals,
categories of records, and the routine
uses of these legacy system of records
notices have been consolidated and
updated to better reflect the
Department’s emergency personnel
location record systems. This
reclassified system, titled Emergency
Personnel Location Records, will be
included in the Department’s inventory
of record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and legal
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,

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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
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 that each
agency publish in the Federal Register
a description denoting the type and
character of each system of records in
order to make agency recordkeeping
practices transparent, to notify
individuals about the use of their
records, and to assist the individual to
more easily find files within the agency.
Below is a description of the Emergency
Personnel Location Records System of
Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
revised system of records to the Office
of Management and Budget and to the
Congress.
System of Records:

DHS/ALL–014.
SYSTEM NAME:

Department of Homeland Security
Emergency Personnel Location Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at several
Headquarters locations and in
component offices of DHS, in both
Washington, DC and field locations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Key DHS personnel (to include
Federal employees and contractors) and
other individuals who may be required
to respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. Also included are individuals
whom employees identify to be
contacted in the event of an all hazards
emergency.

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CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Individual’s social security number
(security clearance information);
• Individual’s date of birth (security
clearance information);
• Individual’s work address;
• Individual’s title;
• Individual’s position and duty
status;
• Individual’s supervisor;
• Individual’s clearance and access
level;
• Individual’s skills inventory;

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• Individual’s (volunteered) medical
information;
• Individual’s home address;
• Individual’s e-mail addresses;
• Individual’s office phone number;
• Individual’s home phone number;
• Individual’s cell phone number;
• Individual’s cell pin number;
• Individual’s fax number;
• Individuals pager number;
• Individuals height, weight, and
other personal characteristics, if
applicable;
• Individual’s emergency response
group/non-emergency response group
status;
• Emergency contact’s name;
• Emergency contact’s relationship to
individual;
• Emergency contact’s work address;
• Emergency contact’s home address;
• Emergency contact’s office phone
number;
• Emergency contact’s home phone
number;
• Emergency contact’s cell phone
number;
• Emergency contact’s e-mail
addresses;
• Emergency recall rosters;
• Identification credentials for access
to regulated facilities;
• Contractor’s company or
organization name;
• Any other phone numbers that may
be needed in the event of an all hazards
emergency.
5 U.S.C. 301; The Federal Records
Act, 44 U.S.C. 3101; Homeland Security
Act of 2002; Public Law 107–296, 6
U.S.C. 121; and Executive Order 9373.
PURPOSE(S):

The purpose of this system is to
contact necessary DHS personnel,
including Federal employees and
contractors, and other individuals to
respond to all hazards emergencies
including technical, manmade or
natural disasters, or to participate in
exercises. In addition, the information
in this system will facilitate the contact
of DHS personnel’s families or other in
the event of a personal emergency such
as an injury concerning the workplace.
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:

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A. To the Department of Justice
(including United States Attorney
Offices) or 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 of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where the
Department of Justice or DHS has agreed
to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies 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

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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, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To an appropriate Federal, state or
local agency, including the Department
of Defense and specifically the U.S. Air
Force, if the information is relevant and
necessary, for the requesting agency’s
approval on the issuance of a security
clearance or for the purpose of
providing support in an all hazards
emergencies including technical,
manmade or natural disasters.
I. To Federal, State, and local
governmental agencies or executive
offices, relief agencies, 501 c3s, and
non-governmental organizations, when
disclosure is appropriate for proper
coordination of homeland security
efforts or assistance, protective
functions conducted pursuant to title 18
of the United States Code, section 3056
or 3056a, or the proper performance of
the official duties required in response
to all hazards or national security
emergencies including technical,
manmade or natural disasters.
J. To identified emergency contacts of:
1. DHS personnel, including Federal
employees and contractors;
2. Federal employees or contractors
who participate in or conduct exercises;
or
3. Federal employees or contractors
who respond to all hazards emergencies
including technical, manmade or
natural disasters.
K. 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 or 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

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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:

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:

Data may be retrieved by an
individual’s name, location, personnel
number (if applicable), and/or other
personal identifier.
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:

Records regarding all hazard
emergencies are destroyed three years
after issuance of a new plan or directive,
in accordance with National Archives
and Records Administration General
Records Schedule 18, Item 27. Records
regarding supervisors’ files will be
destroyed within 1 year after separation
or transfer of the employee, in
accordance with National Archives and
Records Administration General
Records Schedule 1, Item 18.
SYSTEM MANAGER AND ADDRESS:

For Headquarters components of DHS,
the System Manager is the Director of
Departmental Disclosure, Department of
Homeland Security, Washington, DC
20528. For components of DHS, the
System Manager can be found at
http://www.dhs.gov/foia under
‘‘contacts.’’
NOTIFICATION PROCEDURE:

Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to

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contest its content, may submit a
request in writing to the Headquarters’
or component’s 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,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, 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 Director, Disclosure and FOIA,
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,
• 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 within DHS
and its components and offices along
with personnel who submit information
such as emergency contacts.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–24807 Filed 10–16–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form I–687, Revision of a
Currently Approved Information
Collection; Comment Request
60-Day Notice of Information
Collection Under Review: Form I–687,
Application for Status as Temporary
Resident under Section 245A of the
Immigration and Nationality Act; OMB
Control No. 1615–0090.

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ACTION:

The Department of Homeland
Security, U.S. Citizenship and
Immigration Services has submitted the
following information collection request
for review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
sixty days until December 16, 2008.
Written comments and suggestions
regarding items contained in this notice,
and especially with regard to the
estimated public burden and associated
response time should be directed to the
Department of Homeland Security
(DHS), USCIS, Chief, Regulatory
Management Division, Clearance Office,
111 Massachusetts Avenue, NW., Suite
3008, Washington, DC 20529.
Comments may also be submitted to
DHS via facsimile to 202–272–8352, or
via e-mail at [email protected]. When
submitting comments by e-mail please
add the OMB Control Number 1615–
0090 in the subject box.
Written comments and suggestions
from the public and affected agencies
concerning the collection of information
should address one or more of the
following four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
collection of information, including the

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validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Revision of a currently approved
information collection.
(2) Title of the Form/Collection:
Application for Status as Temporary
Resident under Section 245A of the
Immigration and Nationality Act.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–687.
U.S. Citizenship and Immigration
Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals and
Households. The collection of
information on Form I–687 is required
to verify the applicant’s eligibility for
temporary status, and if the applicant is
deemed eligible, to grant him or her the
benefit sought.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 100,000 responses at 1 hour
and 10 minutes (1.16 hours) per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 116,000 annual burden
hours.
If you have additional comments,
suggestions, or need a copy of the
proposed information collection
instrument with instructions, or
additional information, please visit the
USCIS Web site at: http://uscis.gov/
graphics/formsfee/forms/pra/index.htm.
If additional information is required
contact: USCIS, Regulatory Management
Division, 111 Massachusetts Avenue,
Suite 3008, Washington, DC 20529,
(202) 272–8377.
Dated: October 10, 2008.
Stephen Tarragon,
Deputy Director, Regulatory Management
Division, U.S. Citizenship and Immigration
Services, Department of Homeland Security.
[FR Doc. E8–24692 Filed 10–16–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Assessment and Mitigation of Claims
for Liquidated Damages for
Nonpayment or Late Payment of
Estimated Duties Under the Automated
Commercial Environment (ACE)
Periodic Monthly Statement Payment
Process Test
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:

SUMMARY: This document announces
guidelines for the assessment of claims
for liquidated damages and the
mitigation of those claims when
participants in the National Customs
Automation Program (NCAP) test for the
Periodic Monthly Statement Payment
Process fail to pay estimated duties in
the time period prescribed by law. In
addition, CBP may exercise the
authority to suspend any bond principal
(the importer of record) from
participation in the Periodic Monthly
Payment Statement test and require that
the bond principal pay estimated duties
and fees on an entry-by-entry basis.
Further, CBP may exercise the authority
to require the bond principal to file
entry summary documentation with
estimated duties and fees attached
before merchandise is released from any
CBP port.
DATES: Effective Date: The guidelines
are effective on October 17, 2008.
ADDRESSES: Comments concerning this
Notice should be submitted via e-mail to
Jeremy Baskin at
[email protected].
SUPPLEMENTARY INFORMATION:

Background
On February 4, 2004, Customs and
Border Protection (CBP) published a
General Notice in the Federal Register
(69 FR 5362) announcing the National
Customs Automation Program (NCAP)
test for the Periodic Monthly Payment
Statement Process. The test, which is
part of CBP’s Automated Commercial
Environment (ACE), benefits
participants by giving them access to
operational data through the ACE
Secured Data Portal (‘‘ACE Portal’’),
which provides them the capability to
interact electronically with CBP, and by
allowing them to deposit estimated
duties and fees on a monthly basis
based on a Periodic Monthly Statement
generated by CBP.
As provided in the February 4, 2004
General Notice announcing the test,

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