57642 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

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: 

From the individual of record. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 23, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–23304 Filed 10–2–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2008–0014] 

Privacy Act of 1974; Department of 

Homeland Security Childcare System 

of Records 

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 is giving notice that 

it proposes to reclassify one legacy 

record system titled, DOT/CG 634 

Childcare Program Record System (65 

FR 19475 April 11, 2000), as a new 

Department of Homeland Security-wide 

records system, titled Childcare. This 

system will allow the Department of 

Homeland Security to collect and 

maintain Department-sponsored 

childcare program records. Categories of 

individuals, categories of records, and 

the routine uses of this legacy system of 

records notice have been reviewed and 

updated to better reflect the 

Department’s childcare record system. 

This updated system will be included in 

the Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

November 3, 2008. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2008–0014 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 and may be read at 

http://www.regulations.gov, including 

any personally identifiable 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 account for children enrolled in 

DHS-sponsored childcare programs. 

As part of its efforts to streamline and 

consolidate its Privacy Act records 

systems, DHS is establishing a new 

agency-wide system of records under 

the Privacy Act (5 U.S.C. 552a) for DHS 

childcare records. This will ensure that 

all components of DHS follow the same 

privacy rules for collecting and 

maintaining childcare records regarding 

DHS employees, other Federal 

employees, and other individuals who 

use DHS-sponsored childcare programs. 

DHS and its components and offices 

will use the system to account for DHS 

employees, other Federal employees, 

and other individuals who use DHSsponsored childcare programs and their 

children. 

In accordance with the Privacy Act of 

1974, DHS is giving notice that it 

proposes to reclassify one legacy record 

system titled, DOT/CG 634 Childcare 

Program Record System (65 FR 19475 

April 11, 2000), as a new DHS-wide 

records system, titled Childcare. This 

system will allow DHS to collect and 

maintain Department-sponsored 

childcare program records. Categories of 

individuals, categories of records, and 

the routine uses of this legacy system of 

records notice have been reviewed and 

updated to better reflect the 

Department’s childcare record system. 

This updated system will be included 

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 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 recordkeeping 

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 the description of the 

Childcare System of Records. 

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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57643 

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–012 

SYSTEM NAME: 

Department of Homeland Security 

Childcare. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at the DHS 

offices and childcare facilities. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

DHS employees, other Federal 

Employees, and other individuals at 

Family Childcare (FCC) Homes enrolled 

in DHS-sponsored childcare programs 

and eligible children. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Employee’s/guardian’s name; 

• Employee’s/guardian’s home 

address; 

• Employee’s/guardian’s home 

phone; 

• Employee’s/guardian’s financial 

information to include: 

Æ Salary information; 

Æ Family income; 

Æ Credit card information; 

Æ Bank information; 

• Employee’s/guardian’s work 

address; 

• Employee’s/guardian’s work phone; 

• Employee’s/guardian’s email 

address; 

• Emergency contact’s name; 

• Emergency contact’s address; 

• Emergency contact’s phone; 

• Child’s name; 

• Child’s address; 

• Child’s phone; 

• Medical, dental, and insurance 

provider data; 

• Medical history of the child 

including records of immunizations, 

allergies, and current medications; 

• Records of physical, emotional, or 

other special care requirements; 

• A picture of the child; 

• Correspondence between the 

childcare facility and the guardian, such 

as authorization to release the child to 

another person besides the guardian and 

field trip permission slips; and 

• Records provided by parents/ 

guardians to enhance cultural and social 

enrichment activities. These records 

may include family background, 

cultural, and ethnic data such as 

religion, native language, and family 

composition. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 14 U.S.C. 515; 40 U.S.C. 

590, Childcare Services for Federal 

Employees; The Federal Records Act, 44 

U.S.C. 3101; Executive Order 9373. 

PURPOSE(S): 

The purpose of this system is to 

administer DHS-sponsored childcare 

programs. 

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 

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 provide to Federal, State, or 

local governments and agencies to 

report medical conditions and other 

data required by law; in order to aid in 

preventive health and communicable 

disease control problems. 

I. To the Department of Agriculture 

for use in determining eligibility to 

participate in the Childcare Food 

Program. 

J. To appropriate State and local 

governmental agencies as well as nonprofit organizations to determine 

eligibility for State and local or nonprofit childcare subsidies. 

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 

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57644 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

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 the 

employee/guardian’s name and by the 

child’s name. 

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: 

Child’s record file is destroyed three 

years after date of last action. 

Registration/medical forms may be sent 

to another facility if a child transfers. 

Child Care Food Program eligibility 

records are transferred to an audit file at 

the end of each year where they are not 

retrieved by child’s name. Records 

subject to an audit are destroyed after 

three years or after being audited, 

whichever is sooner. 

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 

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 guardians 

and child’s medical care providers. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 23, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E8–23306 Filed 10–2–08; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2008–N0222; 81440–1112– 

0000 ABC Code F2] 

Endangered and Threatened Wildlife 

and Plants; Incidental Take Permits in 

Santa Cruz County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce the 

availability of five Incidental Take 

Permit applications and Habitat 

Conservation Plans (HCPs) under 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (Act). 

The applicants collectively anticipate 

removing a total of approximately 2.04 

acres of Mount Hermon June beetle 

(Polyphylla barbata) occupied habitat, 

and one HCP also includes the federally 

endangered Ben Lomond spineflower 

(Chorizanthe pungens var. hartwegiana) 

as a covered species. We are requesting 

comments on the permit applications 

and on our preliminary determination 

that the proposed HCPs qualify as ‘‘low 

effect’’ HCPs, eligible for a categorical 

exclusion under the National 

Environmental Policy Act of 1969, as 

amended. 

DATES: Written comments should be 

received on or before November 3, 2008. 

ADDRESSES: Please address written 

comments to Diane Noda, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, 

California 93003. You may also send 

comments by facsimile to (805) 644– 

3958. To obtain copies of draft 

documents, see ‘‘Availability of 

Documents’’ under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Jen 

Lechuga, HCP Coordinator (see 

ADDRESSES), telephone: (805) 644–1766 

extension 224. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may obtain copies of the 

applications and HCPs by contacting the 

HCP Coordinator (see FOR FURTHER

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