Sorn

Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
DEPARTMENT OF HOMELAND
SECURITY

DEPARTMENT OF HOMELAND
SECURITY

Office of the Secretary

Office of the Secretary

Privacy Act of 1974; System of
Records

Privacy Act of 1974; System of
Records Notice

AGENCY:

ACTION: Notice of removal of one Privacy
Act system of records notice.

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it will remove one system of records
notice from its inventory of record
systems because the United States
Secret Service no longer requires the
system. The obsolete system is
Treasury/IRS 46.016 Secret Service
Details, Criminal Investigation Division
(66 FR 63783 December 10, 2001).
SUMMARY:

DATES:

Effective Date: January 20, 2009.

FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528, by telephone
(703) 235–0780 or facsimile 1–866–466–
5370.

Pursuant
to the provisions of the Privacy Act of
1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management
efforts, the Department of Homeland
Security (DHS) is removing one United
States Secret Service (USSS) system of
records notice from its inventory of
record systems.
DHS inherited this record system
upon its creation in January of 2003.
Upon review of its inventory of records
systems, DHS has determined it no
longer needs or uses this system of
records and is retiring Treasury/IRS
46.016 Secret Service Details, Criminal
Investigation Division (66 FR 63783
December 10, 2001).
Treasury/IRS 46.016 Secret Service
Details, Criminal Investigation Division
was originally established to collect and
maintain the USSS’s Criminal
Investigation Division records, which
are now covered but a different system
of records.
Eliminating this system of records
notice will have no adverse impacts on
individuals, but will promote the
overall streamlining and management of
DHS Privacy Act record systems.

SUPPLEMENTARY INFORMATION:

Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29790 Filed 12–18–08; 8:45 am]
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Privacy Office, DHS.
Notice of removal of one Privacy
Act system of records.
AGENCY:

Privacy Office, DHS.

ACTION:

SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it will remove one system of records
from its inventory of record systems
because the United States Secret Service
is consolidating system of records
notices. The obsolete system of records
notice is USSS.004 Financial
Management Information System
(August 28, 2001).
DATES: Effective Date: January 20, 2009.
FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528, by telephone
(703) 235–0780 or facsimile 1–866–466–
5370.
SUPPLEMENTARY INFORMATION: Pursuant
to the provisions of the Privacy Act of
1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management
efforts, the Department of Homeland
Security (DHS) is removing one United
States Secret Service (USSS) system of
records from its inventory of record
systems.
DHS inherited this record system
upon its creation in January of 2003.
Upon review of its inventory of records
systems, DHS has determined that
records within this legacy system are
covered by Department system of
records DHS/ALL–007 Accounts
Payable Records (73 FR 61880 October
17, 2008) covering general accounts
payable records, budget preparation and
presentation materials, apportionment
records, payroll records, pay
administration records, expenditure
accounting records, tax ID records, and
records containing information on
current and projected accounts payable;
DHS/ALL–008 Accounts Receivable
Records (73 FR 61885 October 17, 2008)
covering general accounts receivable
records, records on individuals involved
in payments with DHS, and records
containing information on current and
projected accounts receivable; DHS/
ALL–019 Payroll, Personnel, and Time
and Attendance Records (73 FR 63172
October 23, 2008) covering employee
and individual records, employer
records, records containing information
compiled for the purpose of pay, travel,
expenses incurred other than travel, and

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retirement annuities and taxes, and time
and attendance records; DHS/ALL–013
Claims Records (73 FR 63987 October
28, 2008) covering records containing
information compiled for the purpose of
property damage, records containing
information on tort claims dealing with
USSS property; DHS/ALL–021
Contractors and Consultants Records (73
FR 63179 October 23, 2008) covering
contractor and vendor records; DHS/
ALL–011 Biographies and Awards
Records (73 FR 66654 November 10,
2008) covering individuals who are
recipients of awards and are retiring
USSS.004 Financial Management
Information System (66 FR 45362
August 28, 2001).
USSS.004 Financial Management
Information System (66 FR 45362
August 28, 2001) was originally
established to record, track, and
maintain USSS financial accounting
information, which are now covered by
different systems of records. Eliminating
this system of records notice will have
no adverse impacts on individuals, but
will promote the overall streamlining
and management of DHS Privacy Act
system of record notices.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29791 Filed 12–18–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0154]

Privacy Act of 1974; U.S. Customs and
Border Protection—009 Nonimmigrant
Information System
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

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 update and reissue the
following legacy record system, Justice/
INS–036 Nonimmigrant Information
System, January 31, 2003, as a
Department of Homeland Security
system of records notice titled, U.S.
Customs and Border Protection
Nonimmigrant Information System.
Categories of individuals, categories of
records, and the routine uses of this
legacy system of records notice have

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices

been reviewed updated to better reflect
the Department of Homeland Security
U.S. Customs and Border Protection
Nonimmigrant Information System.
Concurrent with this System of Records
Notice, DHS is issuing a notice of
proposed rulemaking to exempt this
system for certain aspects of the Privacy
Act. This reissued system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0154 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 please contact:
Laurence E. Castelli (202–325–0280),
Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and
Border Protection, Office of
International Trade, Regulations &
Rulings, Mint Annex, 799 Ninth Street,
NW., Washington, DC 20001–4501. For
privacy issues contact: Hugo Teufel III
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 6 U.S.C. 552(a)(1), the
Department of Homeland Security
(DHS) and Customs and Border
Protection (CBP) have maintained the
Nonimmigrant Information System
(NIIS) in conformance with the terms of
the previous NIIS SORN, 68 FR 5048.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a DHS/CBP
system of records under the Privacy Act
(5 U.S.C. 552a) to reflect CBP’s current
and future practices regarding the
processing of foreign nationals entering

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the U.S. CBP inspects all persons
applying for admission to the U.S. As
part of this inspection process, CBP
establishes the identity, nationality, and
admissibility of persons crossing the
border and may create a border crossing
record, which would be covered by
DHS/CBP–007 Border Crossing
Information System of Records Notice
(73 FR 43457 published on July 25,
2008), or additional CBP records, which
would be covered by the TECS System
of Records Notice (re-published
concurrently with this notice) during
this process. Similarly, CBP has
authority to keep records of departures
from the U.S.
In addition to information collected
from the alien during the inspection
process, CBP primarily uses two
immigration forms to collect
information from nonimmigrant aliens
as they arrive in the U.S.: The I–94,
Arrival/Departure Record and, for aliens
applying for admission under the visa
waiver program, the I–94W
Nonimmigrant Visa Waiver Arrival/
Departure Form. Separately, Canadian
nationals, who travel to the U.S. as
tourists or for business, and Mexican
nationals, who possess a nonresident
alien Mexican Border Crossing Card, are
not required to complete an I–94 upon
arrival, but their information will also
be maintained in NIIS. Additionally,
DHS/CBP has been implementing an
Electronic System for Travel
Authorization (ESTA) to permit
nationals of VWP countries to submit
their biographic and admissibility
information online in advance of their
travel to the U.S. Applicants under this
program will have access to their
accounts so that they may check the
status of their ESTA and make limited
amendments. ESTA is covered by
privacy documentation including a
SORN published on June 10, 2008, 73
FR 32720.
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/CBP proposes to
update and reissue the following legacy
record system, Justice/INS–036
Nonimmigrant Information System (68
FR 5048 January 31, 2003), as a DHS/
CBP system of records notice titled, U.S.
Customs and Border Protection
Nonimmigrant Information System.
Categories of individuals and categories
of records have been reviewed, and the
routine uses of this legacy system of
records notice have been updated to
better reflect the DHS/CBP
Nonimmigrant Information System.
Additionally, the exemptions for this
legacy system of records notice transfer
from the system’s legacy agency to DHS.

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This reissued system will be included in
the 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 U.S. Government collects,
maintains, uses and disseminates
individuals’ records. The Privacy Act
applies to information that is
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of the 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 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
to make agency recordkeeping practices
transparent, to notify individuals
regarding the uses of their records, and
to assist the individual to more easily
find such files within the agency. Below
is a description of the NIIS System of
Records.
In accordance with 5 U.S.C. 552a(r), a
report concerning this record system has
been sent to the Office of Management
and Budget and to the Congress.
SYSTEM OF RECORDS:

DHS/CBP–009.
SYSTEM NAME:

U.S. Customs and Border Protection—
009 Nonimmigrant Information System.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

This computer database is located at
the U.S. Customs and Border Protection
(CBP) National Data Center. Computer
terminals are located at customhouses,
border ports of entry, airport inspection
facilities under the jurisdiction of the
Department of Homeland Security and
other locations at which DHS
authorized personnel may be posted to

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facilitate DHS’s mission. Terminals may
also be located at appropriate facilities
for other participating government
agencies that have obtained system
access pursuant to a Memorandum of
Understanding.
CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:

Categories of individuals covered by
this system are nonimmigrant aliens
entering and departing the U.S.
CATEGORIES OF RECORDS IN THIS SYSTEM:

NIIS is a dataset residing on the CBP
Information Technology (IT) platform
and in paper form. It contains arrival
and departure information collected
from foreign nationals entering and
departing the U.S. on such forms as the
I–94, I–94W, or through interviews with
CBP officers. This information consists
of the following data elements, where
applicable:
• Full Name (first, middle, and last);
• Date of birth;
• E-mail address, as required;
• Travel document type (e.g.,
passport information, permanent
resident card, etc.), number, issuance
date, expiration date and issuing
country;
• Country of citizenship;
• Date of crossing both into and out
of the U.S.;
• Scanned images linked through the
platform;
• Airline and flight number;
• City of embarkation;
• Address while visiting the U.S.;
• Admission number received during
entry into the U.S.;
• Whether the individual has a
communicable disease, physical or
mental disorder, or is a drug abuser or
addict;
• Whether the individual has been
arrested or convicted for a moral
turpitude crime, drugs, or has been
sentenced for a period longer than five
years;
• Whether the individual has engaged
in espionage, sabotage, terrorism, or
Nazi activity between 1933 and 1945;
• Whether the individual is seeking
work in the U.S.;
• Whether the individual has been
excluded or deported, or attempted to
obtain a visa or enter the U.S. by fraud
or misrepresentation;
• Whether the individual has ever
detained, retained, or withheld custody
of a child from a U.S. citizen granted
custody of the child;
• Whether the individual has ever
been denied a U.S. visa or entry into the
U.S., or had a visa cancelled (if yes,
when and where);
• Whether the individual has ever
asserted immunity from prosecution;
and

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• Any change of address while in the
U.S.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; the Federal Records Act,
44 U.S.C. 3101; The legal authority for
NIIS comes from 8 U.S.C. 1103, 8 U.S.C.
1184, Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–458, The Immigration and
Nationality Act, 8 U.S.C. 1354, and the
Homeland Security Act of 2002, Public
Law 107–296.
PURPOSE(S):

NIIS is a repository of records for
persons arriving in or departing from
the U.S. as nonimmigrant visitors and is
used for entry screening, admissibility,
and benefits purposes. The system
provides a central repository of contact
information for such aliens while in the
U.S. and also captures arrival and
departure information for determination
of future admissibility.
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 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
4. The U.S. 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.

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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
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 appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, license, or treaty
where DHS determines that the
information would assist in the
enforcement of civil or criminal laws.
H. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil or
criminal discovery, litigation, or
settlement negotiations, or in response
to a subpoena from a court of competent
jurisdiction.
I. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance

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of the official duties of the officer
making the disclosure.
J. To an organization or individual in
either the public or private sector, either
foreign or domestic, where there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, to the
extent the information is relevant to the
protection of life or property and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
K. To an appropriate Federal, State,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
L. To appropriate Federal, State, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, for purposes of assisting
such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or for combating other
significant public health threats.
M. To Federal and foreign government
intelligence or counterterrorism
agencies or components where CBP
becomes aware of an indication of a
threat or potential threat to national or
international security, or where such
use is to assist in anti-terrorism efforts
and disclosure is appropriate to the
proper performance of the official duties
of the person making the disclosure.
N. 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
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
O. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental

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organizations where DHS is aware of a
need to utilize relevant data for
purposes of testing new technology and
systems designed to enhance national
security or identify other violations of
law
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

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

The data is stored electronically at the
CBP and DHS Data Center for current
data and offsite at an alternative data
storage facility for historical logs,
system backups and in paper form.

integrity and accountability. System
users must sign statements
acknowledging that they have been
trained and understand the security
aspects of their systems. System users
must also complete annual privacy
awareness training to maintain current
access.
NIIS transactions are tracked and can
be monitored. This allows for oversight
and audit capabilities to ensure that the
data is being handled consistent with all
applicable federal laws and regulations
regarding privacy and data integrity.
RETENTION AND DISPOSAL:

These records may be searched on a
variety of data elements including
name, addresses, place and date of entry
or departure, or country of citizenship
as listed in the travel documents used
at the time of entry to the U.S. An
admission number, issued at each entry
to the U.S. to track the particular
admission, may also be used to identify
a database record.

NIIS data is subject to a retention
requirement. The information collected
and maintained in NIIS is used for entry
screening, admissibility, and benefits
purposes and is retained for seventy five
(75) years from the date obtained.
However, NIIS records that are linked to
active law enforcement lookout records,
CBP matches to enforcement activities,
and/or investigations or cases will
remain accessible for the life of the law
enforcement activities to which they
may become related. The current
disposition for paper copy is 180 days
from date of departure.

SAFEGUARDS:

SYSTEM MANAGER AND ADDRESS:

All NIIS records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include all of the following:
restricting access to those with a ‘‘need
to know’’; using locks, alarm devices,
and passwords; compartmentalizing
databases; auditing software; and
encrypting data communications.
NIIS information is secured in full
compliance with the requirements of the
DHS IT Security Program Handbook.
This handbook establishes a
comprehensive program, consistent
with federal law and policy, to provide
complete information security,
including directives on roles and
responsibilities, management policies,
operational policies, and application
rules, which will be applied to
component systems, communications
between component systems, and at
interfaces between component systems
and external systems.
One aspect of the DHS comprehensive
program to provide information security
involves the establishment of rules of
behavior for each major application,
including NIIS. These rules of behavior
require users to be adequately trained
regarding the security of their systems.
These rules also require a periodic
assessment of technical, administrative
and managerial controls to enhance data

Assistant Commissioner, Office of
Information Technology, U.S. Customs
and Border Protection Headquarters,
1300 Pennsylvania Avenue, NW.,
Washington, DC 20229.

RETRIEVABILITY:

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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 CBP’s FOIA
Officer, 1300 Pennsylvania Avenue,
NW., Mint Annex, Washington, DC
20229.
When seeking records about yourself
from this system of records or any other
CBP 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:

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• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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
CBP 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:

The system contains certain data
received on individuals, passengers and
crewmembers that arrive in, depart
from, or transit through the U.S. This
system also contains information
collected from carriers that operate
vessels, vehicles, aircraft and/or trains
that enter or exit the U.S. and from the
individuals upon crossing the U.S.
border.
Basic information is obtained from
individuals, the individual’s attorney/
representative, CBP officials, and other
federal, state, local, and foreign
agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person or
submitted on behalf of a person, if that
person, or his or her agent, seeks access
or amendment of such information.
This system, however, may contain
information related to an ongoing law
enforcement investigation because the
information regarding a person’s travel
and border crossing was disclosed to
appropriate law enforcement in
conformance with the above routine
uses. As such pursuant to 5 U.S.C. 552
a (j)(2) and (k)(2), DHS will claim
exemption from (c)(3), (e)(8), and (g) of
the Privacy Act of 1974, as amended, as
is necessary and appropriate to protect
this information.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29792 Filed 12–18–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0108]

Privacy Act of 1974; United States
Coast Guard—014 Military Pay and
Personnel System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

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
giving notice that it proposes to add a
system of records to its inventory of
record systems titled United States
Coast Guard Military Pay and Personnel.
This system is a compilation of nine
legacy record systems: DOT/CG 534
Travel and Transportation of Household
Effects (April 11, 2000); DOT/CG 537
FHA Mortgage Insurance for Servicemen
in lieu of VHA Mortgage Insurance for
Servicemen; DOT/CG 573 United States
Public Health Services, Commissioned
Officer Corps Staffing and Recruitment
Files (April 11, 2000); DOT/CG 622
Military Training and Education
Records (April 11, 2000); DOT/CG 623
Military Pay and Personnel System
(April 11, 2000); DOT/CG 625 Officer
Selection and Appointment System
(April 11, 2000); DOT/CG 626 Official
Officer Service Records (April 11, 2000);
DOT/CG 629 Enlisted Personnel Record
System (April 11, 2000); DOT/CG 630
Coast Guard Family Housing (April 11,
2000); and DOT/CG 640 Outside
Employment of Active Duty Coast
Guard Personnel (April 11, 2000). This
record system will allow the
Department of Homeland Security/
United States Coast Guard to collect and
maintain records regarding military pay
and personnel. Categories of
individuals, categories of records, and
routine uses of these legacy system of
records notices have been consolidated
and updated to better reflect the United
States Coast Guard’s military service
personnel record systems. This new
system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
This new system will be effective
January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0108 by one of the following
methods:

PO 00000

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• 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 and may be read at
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: David
Roberts (202–475–3521), Privacy
Officer, United States Coast Guard. For
privacy issues please contact: Hugo
Teufel III (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. 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)/United States Coast Guard
(USCG) have relied on preexisting
Privacy Act systems of records notices
for the collection and maintenance of
records that concern active duty,
reserve, and retired active duty and
retired reserve, as well as eligible
dependent’s military pay and personnel
processing.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a USCG system
of records under the Privacy Act (5
U.S.C. 552a) that deals with active duty,
reserve, retired active duty, and retired
reserve, as well as eligible dependent’s
military pay and personnel processing.
This record system will allow DHS/
USCG to collect and maintain records
regarding military pay. The collection
and maintenance of this information
will assist DHS/USCG in meeting its
obligation pay active duty, reserve,
retired active duty, and retired reserve
military personnel, as well as eligible
dependents for their service.
In accordance with the Privacy Act of
1974, and as part of the DHS Privacy
Office’s ongoing effort to review and
update legacy system of record notices
DHS is giving notice that it proposes to
add a system of records to its inventory

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