3088 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

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: 

Records are generated from sources 

contacted during personnel and 

background investigations. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H), (I), and (f) of the Privacy Act 

pursuant to 5 U.S.C. 552a (k)(1), (k)(2), 

(k)(3), and (k)(5) of the Privacy Act. 

Dated: December 22, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–924 Filed 1–15–09; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Privacy Act of 1974; System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of removal of one Privacy 

Act system of records notice. 

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 

notice from its inventory of record 

systems because Citizenship and 

Immigration Services, Customs and 

Border Protection, and Immigration and 

Customs Enforcement no longer requires 

the system. The obsolete system is 

Justice/INS–001 the Immigration and 

Naturalization Service Index System. 

DATES: Effective Date: February 17, 

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 703–483– 

2999. 

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 U.S. 

Citizenship and Immigration Services 

(USCIS)/Customs and Border Protection 

(CBP)/Immigration and Customs 

Enforcement (ICE) 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 Justice/INS–001 

the Immigration and Naturalization 

Service Index System (58 FR 51847 

October 15, 1993). 

Justice/INS–001 the Immigration and 

Naturalization Service Index System 

was originally established to collect and 

maintain records on the management, 

operational, and enforcement activities 

of the Immigration and Naturalization 

Service. 

This system of records notice is 

compromised of twenty-one subsystems. 

These subsystems are covered under the 

following Federal Government or DHS 

SORNs: 

(a) DHS/ALL–007 Accounts Payable 

Records (73 FR 61880 October 17, 2008) 

• Financial Section Indices 

(b) DHS/ALL–008 Accounts 

Receivable Records (73 FR 61885 

October 17, 2008) 

• Financial Section Indices 

(c) DHS/USCIS–001 Alien File and 

Central Index System (72 FR 1755 

January 16, 2007) 

• Alien Documentation, 

Identification, and Telecommunications 

(ADIT) System 

• Alien Enemy Index and Records 

• Microfilmed Manifest Records 

(d) DHS/ALL–010 Asset Management 

(73 FR 63181 October 23, 2008) 

• Property Issued to Employees 

(e) DHS/USCIS–007 Benefits 

Information System (73 FR 56596 

September 29, 2008) 

• Examination Indices 

(f) DHS/ALL–021 Contractors and 

Consultants (73 FR 63179 October 23, 

2008) 

• Document Vendors and Alters 

Index 

(g) DHS/ALL–016 Correspondence 

Files (73 FR 66657 November 10, 2008) 

• Congressional Mail Unit 

Correspondence Control Index 

• White House and Attorney General 

Correspondence Control Index 

(h) OPM/GOV–10 Employee Medical 

File System Records (71 FR 35360 June 

19, 2006) 

• Health Record System 

(i) DHS/ALL–014 Emergency 

Personnel Location Records (73 FR 

61888 October 17, 2008) 

• Emergency Reassignment Index 

(j) DHS/ICE–CBP–CIS–001–03 

Enforcement Operational Immigration 

Records (71 FR 13987 March 20, 2006) 

• Enforcement Indices 

(k) OPM/GOVT–1 General Personnel 

Records (71 FR 35342 June 19, 2006) 

• Compassionate Cases System 

(l) DHS/ALL–003 General Training 

Records (73 FR 71656 November 25, 

2008) 

• Extension Training Program 

Enrollees 

(m) DHS/ALL–020 Internal Affairs 

(73 FR 67529 November 18, 2008) 

• Office of Internal Audit 

Investigations Index and Records 

Consistent with the publishing of the 

following two SORNs, this retirement 

will be in effect: 

(n) DHS/ALL–024 Law Enforcement 

Authority in Support of the Protection 

of Property Owned or Occupied by the 

Federal Government 

• Agency Information Control Record 

Index 

• Intelligence Indices 

• Alien Enemy Index and Records 

(o) DHS/ALL–023 Personnel Security 

Management 

• Automobile Decal Parking 

Identification System for Employees 

• Personal Data Card System 

• Security Access Clearance Index 

Eliminating these systems of records 

notices will have no adverse impacts on 

individuals but will promote the overall 

streamlining and management of DHS 

Privacy Act record systems. 

Dated: December 22, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–934 Filed 1–15–09; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2008–0133] 

Privacy Act of 1974; Department of 

Homeland Security—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security 

AGENCY: Privacy Office; DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Homeland Security proposes to partially 

consolidate DHS–OS–001 Office of 

Security File System, (September 12, 

2006), into a new Department-wide 

record system titled, Law Enforcement 

Authority in Support of the Protection 

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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3089 

of Property Owned or Occupied by the 

Department of Homeland Security 

System of Records. Categories of 

individuals, categories of records, and 

the routine uses of this legacy system 

have been reviewed and updated to 

better reflect the Department’s law 

enforcement records associated with the 

protection of property owned or 

occupied by the Department of 

Homeland Security. Additionally, the 

Department of Homeland Security is 

issuing a Notice of Proposed 

Rulemaking concurrent with this system 

of records elsewhere in the Federal 

Register. The activities performed by 

the Department in the protection of 

property owned or occupied by 

Department of Homeland Security often 

overlaps with other security-related 

activities. Accordingly, data within the 

categories of individuals, categories of 

records, and routine uses may have 

similarities with other security-related 

systems of records, but each system is 

distinct based on its purpose. Exclusion 

is made to perimeters and facilities 

secured by the United States Secret 

Service pursuant to 18 U.S.C. 3056 and 

3056A and are not included under this 

system of records. This consolidated 

system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Written comments must be 

submitted on or before February 17, 

2009. This new system will be effective 

February 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2008–0133 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: 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 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 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security (DHS) proposes to partially 

consolidate DHS-OS–001 Office of 

Security File System, (71 FR 53700 

September 12, 2006), into a new 

Department wide record system titled, 

Law Enforcement Authority in Support 

of the Protection of Property Owned or 

Occupied by the Federal Government 

System of Records. Categories of 

individuals, categories of records, and 

the routine uses of this legacy system 

have been reviewed and updated to 

better reflect the Department’s law 

enforcement records associated with the 

protection of property owned or 

occupied by the DHS. Additionally, 

DHS is issuing a Notice of Proposed 

Rulemaking (NPRM) concurrent with 

this system of records elsewhere in the 

Federal Register. DHS has previously 

issued an NPRM with DHS-OS–001 

Office of Security File System, (71 FR 

53700 September 12, 2006), but given 

the changes to this SORN is reissuing 

the NPRM to again allow for additional 

public comment. 

The activities performed by the 

Department in the protection of 

property owned or occupied by the DHS 

often overlaps with other securityrelated activities. Accordingly, data 

within the categories of individuals, 

categories of records, and routine uses 

may have similarities with other 

security-related systems of records, but 

each system is distinct based on its 

purpose. 

The purpose of this system is to 

maintain and record the results of law 

enforcement activities in support of the 

protection of property owned or 

occupied by DHS. The results are also 

used to pursue criminal prosecutions or 

civil penalties action against individuals 

or entities suspected of offenses that 

may have been committed against 

property owned or occupied by the DHS 

or persons on DHS property; and to 

assess acceptability of Departmental, 

other United States Government 

personnel contract security officer 

personnel, and other contractors who 

work in DHS facilities for assignment to 

or retention in sensitive positions 

consistent with the interest of national 

security and protection of DHS 

facilities. 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security proposes to partially 

consolidate DHS-OS–001 Office of 

Security File System, (September 12, 

2006), into a new Department-wide 

record system titled, DHS/ALL—025 

Law Enforcement Authority in Support 

of the Protection of Property Owned or 

Occupied by Department of Homeland 

Security System of Records. Categories 

of individuals, categories of records, and 

the routine uses of this legacy system 

have been reviewed and updated to 

better reflect the Department’s law 

enforcement records associated with the 

protection of property owned or 

occupied by DHS. Additionally, DHS is 

issuing a Notice of Proposed 

Rulemaking concurrent with this system 

of records elsewhere in the Federal 

Register. The activities performed by 

the Department in the protection of 

property owned or occupied by DHS 

often overlaps with other securityrelated activities. Accordingly, data 

within the categories of individuals, 

categories of records, and routine uses 

may have similarities with other 

security-related systems of records, but 

each system is distinct based on its 

purpose. Exclusion is made to 

perimeters and facilities secured by the 

United States Secret Service pursuant to 

18 U.S.C. 3056 and 3056A and are not 

included under this system of records. 

This consolidated system will be 

included in the Department of 

Homeland Security’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 individual’s 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 stored and 

retrieved by the name of the individual 

or by some identifying number such as 

property address, mailing address, or 

symbol assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass United States citizens and 

lawful permanent residents. DHS 

extends administrative Privacy Act 

protections to all individuals where 

information is maintained on both U.S. 

citizens, lawful permanent residents, 

and visitors. Individuals may request 

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 5.21. 

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 

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practices transparent, to notify 

individuals regarding the uses of their 

records, and to assist individuals to 

more easily find such files within the 

agency. Below is a description of ‘‘DHS/ 

All—025 Law Enforcement Authorities 

in Support of the Protection of Property 

Owned or Occupied by the Department 

of Homeland Security’’ Systems of 

Records Notice. 

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–025. 

SYSTEM NAME: 

Department of Homeland Security 

Law Enforcement Authorities in 

Support of the Protection of Property 

Owned or Occupied by the Department 

of Homeland Security System of 

Records. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at several 

Headquarters locations and in 

component offices of the Department of 

Homeland Security, in both 

Washington, D.C. and field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include any person or entity 

involved in, or suspected of being 

involved in, criminal acts against the 

buildings, grounds, and property that 

are owned, occupied, or secured by DHS 

or against persons who are in or on such 

buildings, grounds, or property. This 

includes, but is not limited to: any 

agency, instrumentality, or wholly 

owned or mixed-ownership corporation 

thereof, and persons on the property; 

Departmental, other United States 

Government personnel, and contract 

security officer personnel, and other 

contractors who work in federal 

facilities; and property located in or 

outside of the United States; and 

individuals who are involved in or 

suspected to be involved in such 

criminal acts, who provide information 

that is relevant to the investigation, such 

as victims and witnesses, and who 

report such crimes or acts. Also 

included in this system of records are 

the travel records of current, former, or 

retired Departmental personnel who 

travelled outside the United States 

while employees of DHS; applicants, 

appointees and nominees of the 

Department; and contractors and 

consultants who have or have had 

access DHS facilities and/or classified 

national security information. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

may include but are not limited to the 

following: 

• Individual’s or entity’s name; 

• Digital photograph; 

• Social security number; 

• Age and date of birth; 

• Place of birth; 

• Duty/work address and telephone 

number; 

• Alias; 

• Race and ethnicity; 

• Citizenship; 

• Fingerprints; 

• Sex; 

• Marital status; 

• Identifying marks such as tattoos, 

scars, etc; 

• Height and weight; 

• Eye and hair color; 

• Biometric data; 

• Home address, telephone number 

and other contact information; 

• Driver’s license information and 

citations issued; 

• Vehicle information; 

• Date, location, nature and details of 

the incident/offense; 

• Alcohol, drugs and/or weapons 

involvement; 

• Bias against any particular group; 

• Confinement information to include 

location of correctional facility; 

• Gang/cult affiliation if applicable; 

• Release/parole/clemency eligibility 

dates. 

• Foreign travel notices and reports 

including briefings and debriefings; 

• Notices and reports with foreign 

contacts; 

• Reports of investigation; 

• Statements of individuals, 

affidavits, and correspondence; 

• Documentation pertaining to 

criminal activities; 

• Investigative surveys; 

• Certifications pertaining to 

qualifications for employment, 

including but not limited to education, 

firearms, first aid, and CPR; 

• Technical, forensic, polygraph, and 

other investigative support to criminal 

investigations to include source control 

documentation and region information; 

• Data on individuals to include: 

Victims, witnesses, complainants, 

offenders, and suspects; 

• Records of possible espionage, 

foreign intelligence service elicitation 

activities, and terrorist collection efforts 

directed at the Department or its staff, 

contractors or visitors; 

• Records of close coordination with 

the intelligence and law enforcement 

community; 

• Records relating to the management 

and operation of DHS special security 

programs, including but not limited to: 

Æ Requests for access to sensitive 

compartmented information (SCI); 

Æ Foreign travel; 

Æ Foreign contact registries for 

individuals with SCI access. 

• Records relating to the management 

and operation of the DHS security 

program, including but not limited to: 

Æ Inquiries relating to suspected 

security violation(s); 

Æ Recommended remedial actions 

for possible security violation(s); 

Æ Reports of investigation regarding 

security violations; 

Æ Statements of individuals; 

Æ Affidavits; 

Æ Correspondence; 

Æ Other documentation pertaining 

to investigative or analytical efforts by 

the DHS to identify threats to the 

Department’s personnel, property, 

facilities, and information; intelligence 

reports and database results relating to 

DHS personnel applicants or candidates 

for DHS employment or a DHS contract, 

or other individuals interacting or 

having contact with DHS personnel or 

contractors; foreign contact registries for 

individuals; or unsolicited 

communications with DHS personnel or 

contractors that raise a security concern. 

Æ Other documents obtained from 

applicants for employment or contract 

positions and documents obtained 

during a background investigation or reinvestigation including medical and 

financial data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; the Federal Record Act, 

6 U.S.C., the Homeland Security Act; 40 

U.S.C. 1315; 44 U.S.C. 3101; and 

Executive Order 9397; EO 10450; EO 

12968, 5 CFR 731; 5 CFR 732; 5 CFR 

736; 32 CFR 147; and DCID 6/4. 

PURPOSE(S): 

The purpose of this system is to 

maintain and record the results of law 

enforcement activities in support of the 

protection of property owned or 

occupied by Department of Homeland 

Security (DHS) and individuals 

maintaining a presence or access to such 

property. Also to pursue criminal 

prosecution or civil penalty action 

against individuals or entities suspected 

of offenses that may have been 

committed against property owned or 

occupied by DHS or persons on the 

property; and assess Departmental, 

contract security officer personnel, and 

other contractors who work in DHS 

facilities, acceptability for assignment to 

or retention in sensitive positions 

consistent with the interest of national 

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security and the protection of DHS 

facilities. 

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 DOJ 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 a 

written inquiry from that congressional 

office made at the written 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 an appropriate Federal, State, 

local, tribal, foreign, or international 

agency or contract provider, 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 or contractor, 

the issuance of a security clearance, the 

reporting of an investigation of an 

employee or contractor, the letting of a 

contract, or the issuance of a license, 

grant or other benefit and disclosure is 

appropriate to the proper performance 

of the official duties of the person 

making the request. 

I. 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 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings or pursuant to 

the order of a court of competent 

jurisdiction in response to a subpoena 

from a court of competent jurisdiction. 

J. 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 

of the official duties of the officer 

making the disclosure. 

K. To a Federal, State, local agency, or 

other appropriate entities or 

individuals, or through established 

liaison channels to selected foreign 

governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

intelligence, counterintelligence, or 

antiterrorism activities authorized by 

United States law, Executive Order, or 

other applicable national security 

directive. 

L. To a public or professional 

licensing organization when such 

information indicates, either by itself or 

in combination with other information, 

a violation or potential violation of 

professional standards, or reflects on the 

moral, educational, or professional 

qualifications of an individual who is 

licensed or who is seeking to become 

licensed. 

M. 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 

servers, magnetic disc, tape, digital 

media, and CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by 

individual name and social security 

number, if applicable. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

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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. 

RETENTION AND DISPOSAL: 

Records are pending National 

Archives and Records Administration 

approval. DHS has proposed the 

following retention schedule: Records 

are maintained in accordance with N1– 

563–08–4, Item 1. Records are cut off at 

the end of the fiscal year when the case 

is closed and are destroyed 20 years 

after cutoff date. No records will be 

destroyed until the retention schedule is 

approved. 

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: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

DHS will consider individual requests 

to determine whether or not information 

may be released. Thus, 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 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: 

Records are generated from sources 

contacted during investigations, state 

and local law enforcement, and Federal 

departments and agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted this system from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(H), (I), and (f) of the Privacy Act 

pursuant to 5 U.S.C. 552a (k)(1), (k)(2), 

and (k)(5) of the Privacy Act. 

Dated: December 22, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–923 Filed 1–15–09; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2008–1057] 

Notification of the Imposition of 

Conditions of Entry for Certain Vessels 

Arriving to the United States; 

Venezuela 

AGENCY: Coast Guard, DHS. 

ACTION: Notice. 

SUMMARY: The Coast Guard announces 

that it will impose conditions of entry 

on vessels arriving from the country of 

Venezuela. 

DATES: The policy announced in this 

notice will become effective January 23, 

2009. 

ADDRESSES: This notice will be available 

for inspection and copying at the Docket 

Management Facility at the U.S. 

Department of Transportation, Room 

W12–140 on the Ground Floor of the 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366– 

9329. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

Mr. Michael Brown, International Port 

Security Evaluation Division, Coast 

Guard, telephone 202–372–1081. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

Section 70110 of the Maritime 

Transportation Security Act of 2002 

(Pub. L. 107–295, Nov. 25, 2002) (46 

U.S.C. 70110) provides that the 

Secretary of Homeland Security may 

impose conditions of entry on vessels 

requesting entry into the United States 

arriving from ports that are not 

maintaining effective anti-terrorism 

measures. The Coast Guard has been 

delegated the authority by the Secretary 

to carry out the provisions of this 

section. Previous notices have imposed 

or removed conditions of entry on 

vessels arriving from certain countries 

and those conditions of entry and the 

countries they pertain to remain in 

effect unless modified by this notice. 

The Coast Guard has determined that 

ports in Venezuela are not maintaining 

effective anti-terrorism measures. 

Accordingly, effective January 23, 2009 

the Coast Guard will impose the 

following conditions of entry on vessels 

mstockstill on PROD1PC66 with NOTICES