[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56930-56934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22612]



Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / 
Notices

[[Page 56930]]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0081]


Privacy Act of 1974: System of Records

AGENCY: Privacy Office, DHS.

ACTION: Re-publication of a Notice of Privacy system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security is re-publishing this system of records notice (SORN) 
entitled the United States Coast Guard (USCG) Law Enforcement 
Information Data Base (LEIDB)/Pathfinder.
    On May 15, 2008, DHS originally published the SORN and associated 
proposed rulemaking (DHS/USCG-062) in the Federal Register. DHS 
received no comments on the system of records notice and proposed 
rulemaking. Accordingly, DHS is republishing this SORN as final. A 
final rulemaking is also published in this issue of the Federal 
Register in which the Department exempts portions of this system of 
records from one or more provisions of the Privacy Act because of 
criminal, civil, and administrative enforcement requirements.

DATES: The established system of records was effective as of February 
29, 2008, based upon the prior LEIDB system of records notice published 
on January 30, 2008.

FOR FURTHER INFORMATION CONTACT: For system related questions please 
contact: Mike Payne (LEIDB/Pathfinder System Program Officer), 
Intelligence Division (CG-26), Phone 202-372-2795 or by mail 
correspondence: U.S. Coast Guard, 2100 Second Street, SW., Washington, 
DC 20593-0001. For privacy issues, please contact: Hugo Teufel III, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background Information

    Law Enforcement Information Data Base (LEIDB/Pathfinder) is 
operated and controlled by the United States Coast Guard, United States 
Department of Homeland Security. The Assistant Commandant for 
Intelligence and Criminal Investigations through the Office of 
Intelligence, Surveillance, Reconnaissance Systems and Technology, 
Division of Data Analysis and Manipulation (CG-262), is responsible for 
managing the system for the Coast Guard.
    LEIDB/Pathfinder was developed to efficiently manage field-created 
intelligence and law enforcement related reports. These intelligence 
reports vary in content but are submitted in a standard Coast Guard 
message format which is electronically distributed through the Coast 
Guard Message System (CGMS) (and to a lesser extent the Defense 
Messaging System). CGMS is the system by which the Coast Guard manages 
all general message traffic to and from Coast Guard components and 
commands. After processing and delivering a message, CGMS archives the 
message for 30 days before they are deleted regardless of the content 
of the message.
    The Assistant Commandant for Intelligence and Criminal 
Investigations (CG-2) identified a need to archive messages for more 
than thirty (30) days and to be able to perform analysis of the data 
contained within the messages to support law enforcement (LE) and 
intelligence activities. LEIDB/Pathfinder was developed and implemented 
to support these requirements.
    All messages sent to the LEIDB/Pathfinder address on the CGMS are 
organized within LEIDB/Pathfinder based on message type (e.g., Field 
Intelligence Report), when the information was sent, and by whom the 
information may be accessed. This allows for easy segregation of 
information based on user access controls.
    Users rely on LEIDB/Pathfinder as an archival system to find and 
retrieve records relevant to their analyses. Users of LEIDB/Pathfinder 
include intelligence analysts, watch officers, field intelligence 
officers and intelligence staff officers, and criminal investigators. 
Use of LEIDB/Pathfinder obviates the need for individual analysts to 
compile records in a local storage system, which reduces the risk of 
loss or of unauthorized access to intelligence reports. Analysts rely 
on LEIDB/Pathfinder as the means to retrieve records. Searching through 
unstructured text allows the users to develop search terms that 
retrieve all messages relevant to an inquiry without reviewing 
irrelevant records. Messages contained in LEIDB/Pathfinder are not 
machine processed in any fashion to enable data manipulation.
    LEIDB/Pathfinder includes tools for analysts to conduct data 
correlation, analysis, and display of data in reports. These tools 
enable an analyst to sort, search, and process locally stored records. 
LEIDB/Pathfinder does not do predictive analysis. Any search results 
returned to the user are based on the search criteria entered by the 
user. LEIDB/Pathfinder is a repository for certain CGMS messages; users 
must craft their own searches.
    This system will contain information about physical characteristics 
of ports, vessels, and other maritime infrastructure. The physical 
characteristics may include security vulnerabilities, strengths and 
natural or man made attributes. This system will also contain 
information about individuals. The individuals will be U.S. Citizens, 
Lawful Permanent Residents, as well as, foreign nationals with whom the 
Coast Guard interacts, or can reasonably expect to interact, in the 
maritime environment. These individuals will be owners and operators of 
vessels, maritime facilities or otherwise engaged in maritime 
activities.
    Elsewhere in today's Federal Register, DHS has published a final 
rule exempting this system of records from one or more provisions of 
the Privacy Act because of criminal, civil, and administrative 
enforcement requirements pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and 
(k)(2).

Public Comments

    USCG received no public comments on the original system of records 
notice and proposed rulemaking. Accordingly, DHS and USCG are 
implementing the system of records and exemptions as proposed.

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 from which information is retrieved by the name of 
the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual.
    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 of the uses to which 
personally identifiable information is put, and to assist the 
individual to more easily find such files within the agency.
    In accordance with 5 U.S.C. 552a(r), a report concerning this 
record system has

[[Page 56931]]

been sent to the Congress and to the Office of Management and Budget.
SYSTEM OF RECORDS DHS/USCG-062

System name:
    Law Enforcement Information Database (LEIDB)/Pathfinder

Security Classification:
    Sensitive but unclassified to Classified, Secret.

System Location:
    The computer database is located at U.S. Coast Guard Intelligence 
Coordination Center, Department of Homeland Security, National Maritime 
Intelligence Center, Washington, DC, 20395.

Categories of individuals covered by the system:
    Categories of individuals covered by this notice consist of:
    A. Individuals, U.S. citizens, lawful permanent residents, and 
foreign nationals, associated with vessels, facilities, companies, and 
organizations, engaged in commercial and recreational maritime activity 
on or adjacent to waters subject to the jurisdiction of the United 
States.
    B. Individuals, U.S. citizens, lawful permanent residents, and 
foreign nationals, identified during enforcement actions taken by 
enforcement Officials and employees of the Coast Guard while enforcing 
United States (U.S.) law, international law, or treaties.
    C. Individuals, U.S. citizens, resident aliens, and foreign 
nationals, directly and indirectly associated with individuals listed 
in paragraphs A and B of this section
    D. Individuals, U.S. citizens, resident aliens, and foreign 
nationals, directly and indirectly associated with vessels, maritime 
facilities and other maritime infrastructure which are known, 
suspected, or alleged to be involved in illegal activity (e.g. 
contraband trafficking, illegal migrant smuggling, or terrorist 
activity).
    E. Individuals, U.S. citizens, resident aliens, and foreign 
nationals, identified during a terrorist screening process as a 
possible identity match to a known or suspected terrorist.
    F. Individuals, U.S. citizens, resident aliens, and foreign 
nationals, identified in or reasonably believed to be related to 
reports submitted by Coast Guard personnel engaged in enforcement 
boarding's, safety inspections, aircraft over-flights or other means of 
observation, and other Coast Guard operational activity.

Categories of records in the system:
    LEIDB/Pathfinder contains:
    A. Messages delivered to the system automatically from the Coast 
Guard Messaging System (CGMS) or the Defense Messaging System (DMS). 
Additional data records may be delivered to LEIDB/Pathfinder by Coast 
Guard Intelligence personnel through an electronic mail interface.
    B. Field Intelligence Reports (FIR) generated by any Coast Guard 
unit that observes or otherwise obtains information they believe may be 
relevant to security threats, vulnerabilities or criminal activity.
    C. Request For Information (RFI) generated by any Coast Guard unit 
as a request for assistance from the Intelligence program to better 
understand a situation.
    D. Intelligence Information Report (IIR) generated by select Coast 
Guard units and other government agencies able to issue a standardized 
Department of Defense message reporting information relevant to 
intelligence requirements.
    E. Situation Reports (SITREPS) generated by Coast Guard operational 
units engaged in operations providing a status update to a developing 
or ongoing operation.
    F. Operational Status Reports (OPSTAT), generated by Coast Guard 
operational units to report on operational capability of personnel, 
units, and stations.
    G. Operations Reports (OPREPS) generated by Coast Guard operational 
units to report the conclusion of an operation.
    H. Any other operational reports in any format that contain 
information with intelligence value are also included and can be 
transmitted through CGMS or DMS.
    I. Data records related to known, suspected, or alleged criminals 
as well as individuals associated with them (e.g. immigrants being 
smuggled) to include individuals engaged in terrorist activity in the 
Maritime domain.
    J. Data records on facilities and their characteristics including: 
geographic location, commodities handled, equipment, certificates, 
inspection data, pollution incidents, casualties, and violations of all 
laws and international treaties, if applicable.
    K. Data records on individuals associated with facilities and 
information pertaining to directly and indirectly related individuals, 
companies, and organizations associated with those facilities such as 
owners, operators, managers, and employees.
    The above reports may have the following types of biographical 
information: names, aliases, dates of birth, phone numbers, addresses, 
nationality, identification numbers such as A-File Number, Social 
Security Number, or driver's license number, employer, boat 
registration numbers, and physical characteristics. No biometric data 
is collected or maintained.

Authority for maintenance of the System:
    Federal Records Act of 1950, Title 44 U.S.C. 3101; Title 36, Code 
of Federal Regulations, chapter XII; The Maritime Transportation 
Security Act of 2002, Pub L. 107-295 The Homeland Security Act of 2002, 
Pub L. 107-296; 5 U.S.C. 301; 14 U.S.C. 93, 14 U.S.C. 632; 46 U.S.C. 
2306, 46 U.S.C. 3717; 46 U.S.C. 12501; 33 U.S.C. 1221 et seq.

Purpose(s):
    LEIDB/Pathfinder enables Coast Guard Intelligence program personnel 
to manage Coast Guard message traffic that contains law enforcement 
information collected by Coast Guard Officers and employees in the 
course of their statutory duties. It also enables analysis of that 
information to improve the effectiveness and efficiency of Coast Guard 
mission performance. The Coast Guard Intelligence Program supports the 
full range of Coast Guard missions through data collection and analysis 
to meet operational Commanders information requirements. One reason for 
collection is to improve the awareness of operational Commanders such 
that they will be optimally positioned to provide services to the 
public. Another reason is to assist in the detection, prevention, and 
mitigation of all unlawful acts that occur within the maritime 
environment and to support responses to man made or naturally occurring 
threats to public safety. Routine uses of records maintained in the 
system, including categories of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3):
    A. To an appropriate Federal, State, territorial, tribal, local, 
international, or foreign government intelligence entity, 
counterterrorism agency, or other appropriate authority charged with 
investigating threats or potential threats to national or international 
security or assisting in counterterrorism efforts, where a record, 
either on its face or in conjunction with other information, identifies 
a threat or potential threat to national or international security, or 
DHS reasonably believes the information may be useful in countering

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a threat or potential treat, which includes terrorist and espionage 
activities, and disclosure is appropriate to the proper performance of 
the official duties of the person receiving the disclosure.
    B. To a Federal State, or 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 U.S. law, Executive Order, or other applicable national 
security directive.
    C. To appropriate Federal, state, local, tribal, foreign 
governmental agencies, multilateral governmental organizations, and 
non-governmental or private organizations for the purpose of protecting 
the vital interests of a data subject or other persons, including to 
assist such agencies or organizations in preventing exposure to or 
transmission of a communicable or quarantinable disease or to combat 
other significant public health threats; appropriate notice will be 
provided of any identified health threat or risk.
    D. To U.S. Department of Defense and related entities including, 
but not limited to, the Military Sealift Command and the U.S. Navy, to 
provide safety and security information on vessels or facilities 
chartered, leased, or operated by those agencies.
    E. To a Federal, State, or local agency responsible for response 
and recovery operations caused by a man made or naturally occurring 
disaster for use in such operations.
    F. To the National Transportation Safety Board and its related 
State counterparts for safety investigation and transportation safety.
    G. To the International Maritime Organization (IMO), 
intergovernmental organizations, nongovernmental organizations, or 
foreign governments in order to conduct investigations, operations, and 
inspections pursuant to its authority.
    H. To Federal, State, or local agencies or foreign government 
agencies pertaining to marine environmental protection activities.
    I. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the disclosure.
    J. To contractors, grantees, experts, and consultants, performing 
or working on a contract, service, grant, cooperative agreement, or 
other assignment for the Federal Government, when necessary to 
accomplish a DHS function related to this system of records.
    K. To an appropriate federal, state, territorial, 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.
    L. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when: (a) DHS or any component thereof, or (b) any 
employee of DHS in his/her official capacity, or (c) any employee of 
DHS in his/her individual capacity where DOJ or DHS has agreed to 
represent the employee, or (d) 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.
    M. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    N. 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 the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    O. To a federal, state, tribal, local or foreign government agency 
or organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, whether civil or 
criminal, or charged with investigating, prosecuting, enforcing or 
implementing civil or criminal laws, related rules, regulations or 
orders, to enable these entities to carry out their law enforcement 
responsibilities, including the collection of law enforcement 
intelligence.

Disclosure to consumer reporting agencies:
    No disclosure.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored in electronic form in an 
automated data processing (ADP) system operated and maintained by the 
U.S. Coast Guard. Backups are performed daily. Copies of backups are 
stored at an offsite location. Personal, Sensitive but Unclassified 
(SBU), Unclassified, and Classified data and records reside commingled 
with each other. Classified and non-classified information are merged 
on a classified domain.
    Data is stored electronically. Short term data extracts may be in 
paper or electronic form for the duration of a specific analytic 
project or activity. Data extracts are stored in appropriately 
classified storage containers or on secured electronic media in 
accordance with existing security requirements.
    Extracted unclassified information will be stored in accordance 
with DHS Management Directive governing the marking, storage, and 
handling of unclassified sensitive information. Unclassified 
information derived from LEIDB/Pathfinder remains U.S. Coast Guard 
information and is For Official Use Only. Determinations by any user to 
further disseminate, in any form, LEIDB/Pathfinder derived information 
to other entities or agencies, foreign or domestic, must include prior 
authorization from the appropriate supervisor authorized to make such 
determinations.

Retrievability:
    Information can be retrieved from LEIDB/Pathfinder via text string 
search submitted in Boolean language query format. Data records in 
LEIDB/Pathfinder do not rely on normalization or correlation to 
manipulate data, there are no prescribed data fields for LEIDB/
Pathfinder data records.

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    Records retrieval through string searches enables data association 
by any term, including personal identifier. Unstructured text in a data 
record can be matched to any other data record. Specifically, 
information on individuals may be retrieved by matching individual 
name, Social Security Number, passport number, or the individual's 
relationship to a vessel (e.g., owner, shipper, consignee, crew member, 
passenger, etc.). Information may also be an innumerable amount of non-
identifying information such as vessel name, vessel type, port 
location, port status, etc.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the DHS Information 
Technology Security Program Handbook. All records are protected from 
unauthorized access through appropriate administrative, physical, and 
technical safeguards. These safeguards include restricting access to 
authorized personnel who have a need-to-know, using locks, and password 
protection identification features. Physical locations are locked after 
normal duty hours and the facilities are protected from the outside by 
security personnel.
    LEIDB/Pathfinder falls under the security guidelines of the 
National Maritime Intelligence Center (NMIC) and has its own approved 
System Security Plan which provides that:
    All classified LEIDB/Pathfinder equipment, records and storage 
devices are located within facilities or stored in containers approved 
for the storage of all levels of classified information.
    All statutory and regulatory requirements pertinent to classified 
and unclassified information have been identified in the LEIDB/
Pathfinder System Security Plan and have been implemented.
    Access to records requiring SECRET level is limited strictly to 
personnel with SECRET or higher level clearances and who have been 
determined to have the appropriate ``need to know''.
    Access to records requiring CONFIDENTIAL level is limited strictly 
to personnel with CONFIDENTIAL or higher level clearances and who have 
been determined to have the appropriate ``need to know''.
    Access to all records is restricted by login and password 
protection. The scope of access to any records via login and password 
is further limited based on the official need of each individual 
authorized access. The U.S. Coast Guard will take precautions in 
accordance with OMB Circular A-130, Appendix III.
    The U.S. Coast Guard will operate LEIDB/Pathfinder in consonance 
with Federal security regulations, policy, procedures, standards and 
guidance for implementing the Automated Information Systems Security 
Program. Specific Coast Guard operating rules include Command 
certification that an individual Officer or employee requires access to 
LEIDB/Pathfinder to perform official duties. Individual Officers and 
employees must certify knowledge of Coast Guard policies limiting the 
use of PII and FOUO information. Individual Officers and employees must 
certify agreement to proper use of data records contained in LEIDB/
Pathfinder and must agree to meet minimum security requirements.

Retention and disposal:
    All records, but not including audit records maintained to document 
user access to information relating to specific individuals, are 
maintained within the system for ten (10) years. These records are then 
destroyed. Audit records are maintained for five years from the date of 
last use by any given user then destroyed.

System manager(s) and address:
    Department of Homeland Security United States Coast Guard, 
Assistant Commandant for Intelligence and Criminal Investigations (CG-
2), Office of ISR Systems and Technology, Data Analysis and 
Manipulation Division (CG-262), 2100 2nd Street, SW., Washington, DC 
20593-0001.

Notification procedure:
    Because this system contains classified and sensitive unclassified 
information related to intelligence, counterterrorism, homeland 
security, and law enforcement programs, records in this system have 
been exempted from notification, access, and amendment to the extent 
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy 
Act.
    General inquiries regarding LEIDB/Pathfinder may be directed to 
Department of Homeland Security United States Coast Guard, Assistant 
Commandant for Intelligence and Criminal Investigations (CG-2), Office 
of ISR Systems and Technology, Data Analysis and Manipulation Division 
(CG-262), 2100 2nd Street, SW., Washington, DC 20593-0001. Submit a 
written request that includes your name, mailing address, and Social 
Security number to the above listed system manager.

Record access procedure:
    Because this system contains classified and sensitive unclassified 
information related to intelligence, counterterrorism, homeland 
security, and law enforcement programs, records in this system have 
been exempted from notification, access, and amendment to the extent 
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy 
Act. Nonetheless, DHS will examine each separate request on a case-by-
case basis, and, after conferring with the appropriate component or 
agency, may waive applicable exemptions in appropriate circumstances 
and where it would not appear to interfere with or adversely affect the 
law enforcement or national security purposes of the systems from which 
the information is recompiled or in which it is contained.
    Write the FOIA/Privacy Act Officer (CG-611), FOIA/Privacy Act 
Request at the address given above in accordance with the 
``Notification Procedure''.
    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 to 
you under 28 U.S.C. 1746, a law that permits statements to be made 
under penalty or perjury as a substitute for notarization. While no 
specific form is required, you may obtain forms for this purpose form 
the Director, Disclosure and FOIA, http://www.dhs.gov/foia 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) will 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.

[[Page 56934]]

    Further information may also be found at www.dhs.gov/foia.

Contesting record procedures:
    Because this system contains classified and sensitive unclassified 
information related to intelligence, counterterrorism, homeland 
security, and law enforcement programs, records in this system have 
been exempted from notification, access, and amendment to the extent 
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy 
Act. A request to amend non-exempt records in this system may be made 
by writing to the System Manager, identified above, in conformance with 
6 CFR Part 5, Subpart B, which provides the rules for requesting access 
to Privacy Act records maintained by DHS.

Record Source Categories:
    Information contained in LEIDB/Pathfinder is gathered from a 
variety of sources both internal and external to the Coast Guard. 
Source information may come from at sea boardings, investigations, 
vessel notice of arrival reports, U.S. Coast Guard personnel (both 
direct observations and interviews of non-Coast Guard personnel), law 
enforcement notices, commercial sources, as well as other federal, 
state, local and international agencies who are related to the maritime 
sector and/or national security sector.

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, the records and 
information in this system are exempt from 5 U.S.C. 552a(c)(3) and (4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), 
(f), and (g). Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) of the Privacy 
Act the records and information in the system are exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). A 
Final Rule for exempting this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c), and (e) and is being published [in 6 CFR Part 5] concurrently with 
publication of this re-publication of the system of records notice, and 
the proposed rulemaking receiving no public comments.

    Dated: September 11, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-22612 Filed 9-29-08; 8:45 am]
BILLING CODE 4410-10-P