System of Records Notice

Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
the 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.

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RECORD SOURCE CATEGORIES:

Information in this system comes
from the individual employee,
personnel officers, and co-workers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

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Dated: October 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–26689 Filed 11–7–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY

[Docket No. DHS–2008–0023]

Privacy Act of 1974; Department of
Homeland Security Correspondence
Records System of Records
Privacy Office; DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate two legacy
record systems: Treasury/CS.056
Congressional and Public
Correspondence File, October 18, 2001,
FEMA/ADM–1 Office Files, September
7, 1990, into a new record system, titled
Department of Homeland Security
Correspondence Records. The
Department of Homeland Security also
proposes to partially consolidate
Treasury/USSS.008 Public Affairs
Record System, August 28, 2001, into
this new record system. This system
will allow the Department of Homeland
Security to collect and maintain
incoming information and responses to
inquiries, comments, or complaints
made to the Department. Categories of
individuals, categories of records, and
the routine uses of these system of
records notices have been consolidated
and updated to better reflect the
Department’s correspondence record
systems. This consolidated system will
be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
December 10, 2008. This new system
will be effective December 10, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0023 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

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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
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.

FOR FURTHER INFORMATION CONTACT:

Office of the Secretary

SUMMARY:

66657

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 correspondence records.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS is establishing a new
agency-wide system of records under
the Privacy Act (5 U.S.C. 552a) for DHS
correspondence records. This will
ensure that all components of DHS
follow the same privacy rules for
collecting, maintaining, and distributing
correspondence records.
In accordance with the Privacy Act of
1974, DHS is giving notice that it
proposes to consolidate two legacy
record systems: Treasury/CS.056
Congressional and Public
Correspondence File (66 FR 52984
October 18, 2001), FEMA/ADM–1 Office
Files (55 FR 37182 September 7, 1990)
into a new record system, titled
Department of Homeland Security
Correspondence Records. DHS also
proposes to partially consolidate
Treasury/USSS.008 Public Affairs
Record System (66 FR 45362 August 28,
2001) into this new record system. This
system will allow DHS to collect and
maintain incoming information and
responses to inquiries, comments, or
complaints made to the Department.
Categories of individuals, categories of
records, and the routine uses of these
system of records notices have been
consolidated and updated to better
reflect the Department’s correspondence
record systems. This consolidated
system will be included in DHS’s
inventory of record systems.

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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices

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,
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 of their
records, and to assist individuals in
locating such files within the agency.
Below is the description of the DHS
Correspondence Records System of
Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget (OMB) and to
Congress.
SYSTEM OF RECORDS

DHS/ALL–016
SYSTEM NAME:

Department of Homeland Security
Correspondence Records
SECURITY CLASSIFICATION:

Unclassified.

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SYSTEM LOCATION:

Records are maintained at several
Headquarters locations and in
component offices of DHS, in both
Washington, DC and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Individuals who submit inquiries,
complaints, comments, or other

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correspondence to DHS, and the
responding party on behalf of DHS.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Individual’s address;
• Individual’s e-mail address;
• Web form information (e.g., IP
addresses);
• Who the complaint, compliment,
comment or issue is about;
• Incoming correspondence;
• DHS’s reply;
• Responder’s name on behalf of
DHS;
• Additional unsolicited personal
information provided by the individual;
and
• Other related materials.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; The Federal Records
Act, 44 U.S.C. 3101.
PURPOSE(S):

The purpose of this system is to
manage incoming information and
responses to inquiries, comments, or
complaints made to DHS.
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 of 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
(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 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

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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
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 another Federal agency to refer
correspondence or respond to
correspondence given the nature of the

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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
complaint, compliment, comment or
issue.
I. To unions recognized as exclusive
bargaining representatives under the
Civil Service Reform Act of 1978, 5
U.S.C. 7111 and 7114, the Merit
Systems Protection Board, arbitrators,
the Federal Labor Relations Authority,
and other parties responsible for the
administration of the Federal labormanagement program for the purpose of
processing any corrective action, or
grievances, or conducting
administrative hearings or appeals, or if
needed in the performance of other
authorized duties.
J. 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.
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
individual name and date of
correspondence.

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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.

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RETENTION AND DISPOSAL:

Executive level records are
permanent, and files are cut off annually
and transferred to the National Archives
and Records Administration 10 years
after cut off date, in accordance with
National Archives and Records
Administration General Schedule N1–
563–07–13–4 (Pending NARA
Approval). Non-executive level records
are destroyed after 10 years, in
accordance with a pending National
Archives and Records Administration
General Records Schedule.
SYSTEM MANAGER AND ADDRESS:

For Headquarters 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
contest its content, may submit a
request in writing to the Headquarters’
or the 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,

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Fmt 4703

Sfmt 4703

66659

• 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 used to compile records
in this system is taken from all sources
of incoming correspondence and
response correspondence by DHS. A
non-exclusive list of correspondence
sources may include members of the
general public, unions, trade
organizations, non-profits, business or
governmental entities, including the
news media and congressional offices.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–26691 Filed 11–7–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2008–1077]

National Maritime Security Advisory
Committee
Coast Guard, DHS.
Notice of committee reestablishment.

AGENCY:
ACTION:

SUMMARY: The Secretary of Homeland
Security is re-establishing the National
Maritime Security Advisory Committee
(NMSAC) under the authority of 6
U.S.C. Section 451, as a discretionary
committee in accordance with the
provisions of the Federal Advisory
Committee Act, 5 U.S.C. App. (Pub. L.
92–463).
ADDRESSES: You may request a copy of
the charter by one of the following
methods:

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