DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities

Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
L. To the Department of Justice for the
purpose of obtaining official title
opinions prior to acquisition as outlined
under Section 1362 acquisitions.
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:

Disclosure pursuant to 5 U.S.C.
552a(b)(12): Disclosures may be made
from this system to ‘‘consumer reporting
agencies’’ as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f) or the
Federal Claims Collection Act of 1966
(31 U.S.C. 3701(a)(3)).
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’s name, property addresses,
mobile home sales documents, leases,
and contracts.
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:

Permanent Personal and Real Property
Acquisition and Relocation records are
covered by General Record Schedules 3
and 4. Original files regarding occupantrelated documents (e.g., site requests,

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mobile home sales documents, leases,
and contracts) will be consolidated at
regional offices at the end of Phase II
(e.g., when shelterees are moved to
permanent housing) and destroyed 6
years and 3 months after files are
consolidated in accordance with FEMA
Record Schedule N1–311–86–1, Item
4C8b(1). Files relating to permanent
relocations under Superfund and
purchases of properties under Section
1362 are permanent and will be
maintained in accordance with FEMA
Records Schedule N1–311–86–1, Item
4C10d.

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CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Individuals, appraisal records, title
reports, or homeowner reports.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29796 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

SYSTEM MANAGER AND ADDRESS:

For Superfund acquisitions—
Associate Director, State and Local
Programs and Support Directorate,
Federal Emergency Management
Agency, Washington, DC 20472.

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0155]

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 FEMA’s FOIA
Officer, 500 C Street, SW., Attn: FOIA
Coordinator, Washington, DC 20472.
When seeking records about yourself
from this system of records or any other
FEMA 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,
• 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 the
FEMA 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.

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Privacy Act of 1974; U.S. Customs and
Border Protection—010 Persons
Engaged in International Trade in
Customs and Border Protection
Licensed/Regulated Activities System
of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate eight legacy
record systems into a U.S. Customs and
Border Protection system of records
notice titled, U.S. Customs and Border
Protection Persons Engaged in
International Trade in Customs and
Border Protection Licensed/Regulated
Activities: Treasury/CS.040 Carrier File,
October 18, 2001; Treasury/CS.041
Cartmen or Lightermen, October 18,
2001; Treasury/CS.057 Container
Station Operator Files, October 18,
2001; Treasury/CS.069 Customs Brokers
File, October 18, 2001; Treasury/CS.137
List of Vessel Agents Employees,
October 18, 2001; Treasury/CS.260
Warehouse Proprietor Files, October 18,
2001; Treasury/CS.271 Cargo Security
Record System, October 18, 2001; and
Treasury/CS.274 Importers, Brokers,
Carriers, Individuals and Sureties
Master Files, October 18, 2001.
Categories of individuals, categories of
records, and the routine uses have been
consolidated and updated to better
reflect the U.S. Customs and Border
Protection record systems that collect
and maintain information on persons
engaged in international trade in
Customs and Border Protection
licensed/regulated activities. The
Department of Homeland Security is

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

issuing a Notice of Proposed
Rulemaking concurrent with this SORN
in the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this system of records
notice is completed. This system will be
included in the Department’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–
2008–0155 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 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, 1300
Pennsylvania Ave., NW., Washington,
DC 20229. 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 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)/U.S. Customs and Border
Protection (CBP) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records pertaining to
persons engaged in international trade
in CBP licensed/regulated activities.
As part of its efforts to streamline and
consolidate its record systems, DHS is
establishing a component system of

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records under the Privacy Act (5 U.S.C.
552a) for DHS/CBP that deals with
persons engaged in international trade
in CBP licensed/regulated activities.
This record system is titled, U.S.
Customs and Border Protection Persons
Engaged in International Trade in CBP
Licensed/Regulated Activities. This
system will be used by DHS/CBP to
collect and maintain records on persons
engaged in international trade in CBP
licensed/regulated activities.
In accordance with the Privacy Act of
1974, DHS is giving notice that it
proposes to consolidate eight legacy
record systems into a DHS/CBP system
of records notice titled, U.S. Customs
and Border Protection Persons Engaged
in International Trade in Customs and
Border Protection Licensed/Regulated
Activities: Treasury/CS.040 Carrier File
(66 FR 52984 October 18, 2001);
Treasury/CS.041 Cartmen or Lightermen
(66 FR 52984 October 18, 2001);
Treasury/CS.057 Container Station
Operator Files (66 FR 52984 October 18,
2001); Treasury/CS.069 Customs
Brokers File (66 FR 52984 October 18,
2001); Treasury/CS.137 List of Vessel
Agents Employees (66 FR 52984 October
18, 2001); Treasury/CS.260 Warehouse
Proprietor Files (66 FR 52984 October
18, 2001); Treasury/CS.271 Cargo
Security Record System (66 FR 52984
October 18, 2001); and Treasury/CS.274
Importers, Brokers, Carriers, Individuals
and Sureties Master Files (66 FR 52984
October 18, 2001). Categories of
individuals, categories of records, and
the routine uses have been consolidated
and updated to better reflect DHS/CBP
record systems that collect and maintain
information on persons engaged in
international trade in CBP licensed/
regulated activities. Additionally, DHS
is issuing a Notice of Proposed
Rulemaking (NPRM) concurrent with
this system of records notice (SORN) in
the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this SORN is completed.
This system will be included in the
Department’s inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the 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
for which information is retrieved by
the name of an individual or by some

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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
in order to make agency record keeping
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
DHS/CBP Persons Engaged in
International Trade in CBP Licensed/
Regulated Activities System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget (OMB) and to
Congress.
System of Records: DHS/CBP–010
SYSTEM NAME:

U.S. Customs and Border Protection
Persons Engaged in International Trade
in Customs and Border Protection
Licensed/Regulated Activities.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at the U.S.
Customs and Border Protection
Headquarters in Washington, DC and in
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include importers, brokers,
carriers, sureties; officers/owners,
employees, associates of customs
bonded carriers, drivers of motor
vehicles, licensed cartmen, licensed
lightermen, individuals and firms who
have applied for or hold a license as a
bonded cartman or lighterman,
individuals employed by cartmen or
lightermen, present and past container
station operators and warehouse
proprietors and their employees,
including those who require an

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
investigation, licensed customs brokers,
employees of customs brokers,
individuals or firms who have applied
for a broker’s license, airport and airline
employees with access to the CBP
controlled area of a terminal, and
employees of vessel agents.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
may include:
• Individual’s name;
• Social security number;
• Date and place of birth;
• Addresses and notification of
change of address;
• Personal characteristics;
• Photograph or other biometrics;
• History of past employment;
• Previous five years residences,
• Alias;
• Citizenship;
• Military records;
• Criminal record other than traffic
violations;
• Use of narcotic drugs;
• Organization’s name;
• Copies of bonds, entries, bills, and
data center listings;
• Location of business records;
• Status reports of individuals’
application including issuance, denial
or renewal;
• Copies of incoming and outgoing
correspondence relating to persons
engaged in international trade in CBP
licensed/regulated activities;
• Requests for written approval to
employ persons who have been
convicted of a felony;
• Applications for cartmen/
lightermen licenses and identification
cards;
• Applications and approvals/denials
of bonds to act as container station
operator or warehouse proprietor;
• Reports of investigations;
• Fingerprint cards;
• Information regarding proposed
administrative disciplinary action
against customs brokers for violation of
the regulations governing the conduct of
their business; and
• Determinations as to whether CBP
issued or did not issue a particular
license or permit and the type of license
or permit.
Authority for maintenance of the
system:
5 U.S.C. 301; the Federal Records Act,
44 U.S.C. 3101; Executive Order 9373;
19 U.S.C. 1484, 1485, 1498, 1499, 1509,
1551, 1551a, 1555, 1556, 1565, 1624,
and 1641; 19 CFR parts 19, 111, 112,
113, 141, 142, 148, and 163..
PURPOSE(S):

The purpose of this system is to
collect and maintain records on persons

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engaged in international trade in CBP
licensed/regulated activities. These
records include identifying information
as well as the results of background
checks or official vetting performed to
ensure that CBP’s approval of the
individuals’ right to perform the
licensed or regulated activity is
appropriate.
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 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 or any
component in his/her official capacity;
3. Any employee of DHS or any
component 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 or CBP
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 or CBP collected the records.
B. To a congressional office 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 or CBP suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised;
2. DHS or CBP has determined that as
a result of the suspected or confirmed

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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, CBP, 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 or CBP’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
or CBP, 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/CBP
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 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
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 in response
to a subpoena form a court of competent
jurisdiction.
J. To third parties during the course
of a law enforcement investigation or

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

background check 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 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 are retrieved by individual’s
name or organization’s name.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security 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:

• Carrier records are retained by CBP
for six years after the death of the
licensee or revocation in accordance
with the CBP, Records Control Manual,
Schedule 6, Custody of Merchandise,
Item 2.
• Broker files and records of broker’s
employees are retained by CBP for six
years after the death of the licensee or
revocation in accordance with the CBP,
Records Control Manual, Schedule 6,

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Custody of Merchandise, Item 2. These
files are periodically updated and
removed to an inactive file, as
necessary.
• Cartmen and lightermen files are
reviewed annually at which time
cancelled identification cards are
removed. Closed CBP Form 3078s
(Application for Identification Card)
may also be removed, but normally are
held for approximately three years
incase a new application is received
from the same company or transferred to
another company after investigation.
• Container station operator files are
disposed of in accordance with the CBP
Records Control Manual, Schedule 6,
Custody of Merchandise Records, Item
10.
• Records on warehouse proprietor
and vessel agent employees are
maintained by the organization for the
duration of the individual’s
employment and retained by CBP for six
years after the death of the licensee or
revocation in accordance with the CBP,
Records Control Manual, Schedule 6,
Custody of Merchandise, Item 2.
• Records on drivers are maintained
in an active file until revoked or
cancelled. After revocation or
cancellation, the information folder is
placed in an inactive file for five years,
and then disposed of in accordance with
the General Services Administration
Disposal Manual.
• Information on proprietor bonded
warehouse operators and employees is
retained on file until Customs bonded
operations cease and are discontinued,
and then maintained in an inactive file
for three years. Final disposition is in
accordance with the General Services
Administration Disposal Manual.
• Files on brokers, carriers, and
sureties are maintained for six years
after death of licensee or revocation in
accordance with the CBP Records
Control Manual. In accordance with the
Records Control Manual, Schedule 9
Entry Processing, files on importers are
maintained in connection with the
respective entry of merchandise for
eight years after liquidation of the entry,
which is the final determination of
classification and duty relating to the
imported merchandise by CBP.
SYSTEM MANAGER AND ADDRESS:

Executive Director, Commercial
Targeting and Enforcement, Office of
International Trade, U.S. Customs and
Border Protection, Customs and Border
Protection Headquarters, 1300
Pennsylvania Avenue, NW., Mint
Annex, Washington, DC 20229.

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NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from certain
aspects of the notification, access, and
amendment requirements of the Privacy
Act. CBP will review each request to
determine whether or not notification,
access, or amendment should be
provided. 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:
• 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:

Records are obtained by authorized
Customs forms or electronic formats
from individuals and/or companies
incidental to the conduct of foreign
trade and required by the Customs
Service in administering the tariff laws
and regulations of the United States.
Individuals; organizations; DHS/CBP;
correspondence; investigation reports

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and supporting materials; applications
for bonds and licenses, and other DHS/
CBP memoranda.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted this system pursuant to
exemption 5 U.S.C. 552a(j)(2) of the
Privacy Act, portions of this system are
exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f),
and (g). Additionally, the Secretary has
exempted this system pursuant to 5
U.S.C. 552a(k)(2) of the Privacy Act
from subsections (c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29799 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0109]

Privacy Act of 1974; United States
Coast Guard—017 Federal Medical
Care Recovery Act System of Records
Privacy Office; DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

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 records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
system DOT/CG 577 Federal Medical
Care Recovery Act Record System (April
11, 2000) as a Department of Homeland
Security system of records notice titled
United States Coast Guard Federal
Medical Care Recovery Act. This system
will allow the Department of Homeland
Security/United States Coast Guard to
collect and maintain Federal Medical
Care Recovery Act claims. 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
of Homeland Security/United States
Coast Guard’s Federal Medical Care
Recovery Act record system. 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.

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You may submit comments,
identified by docket number DHS–
2008–0109 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 personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received, go to http://
www.regulations.gov.
ADDRESSES:

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 pre-existing
Privacy Act systems of records notices
for the collection and maintenance of
records that concern the USCG Federal
Medical Care Recovery Act (FMCRA).
As part of its efforts to streamline and
consolidate its record systems, DHS/
USCG is updating and reissuing a DHS/
USCG system of records under the
Privacy Act (5 U.S.C. 552a) that deals
with the FMCRA. This record system
will allow DHS/USCG to collect and
maintain records regarding the FMCRA.
The collection and maintenance of this
information will assist DHS/USCG in
meeting its obligation to address
FMCRA claims. FMCRA is a statute that
requires DHS/USCG to pursue
collection actions for medical care
provided to its beneficiaries. The
FMCRA statute allows DHS/USCG to
join and start their own action to collect
for the medical care and lost wages
provided to the beneficiary.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of

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records notices, DHS is giving notice
that it proposes to update and reissue
the following legacy record system
DOT/CG 577 Federal Medical Care
Recovery Act Record System (65 FR
19475 April 11, 2000) as a DHS/USCG
system of records notice titled Federal
Medical Care Recovery Act. This system
will allow DHS/USCG to collect and
maintain FMCRA claims. 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/USCG’s FMCRA record
system. This new 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 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 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
in order to make agency record keeping
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
FMCRA Files System of Records.
III. Health Insurance Portability and
Accountability Act
This system of records contains
individually identifiable health
information. The Health Insurance
Portability and Accountability Act of

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