[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28143-28147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10896]



[[Page 28143]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2007-0074]


Privacy Act of 1974; System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of 
Homeland Security, United States Coast Guard is updating and re-issuing 
a legacy system of records, Department of Transportation DOT/CG 642 
System of Records Notice known as Joint Maritime Information Element, 
JMIE, Support System, JSS. This system of records will be replaced by 
DHS/USCG-061 Maritime Awareness Global Network (MAGNET).

DATES: Written comments must be submitted on or before June 16, 2008.

ADDRESSES: You may submit comments, identified by DOCKET NUMBER DHS-
2007-0074 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: For system related questions please 
contact: Mr. Frank Sisto, Program Officer, ISR Data Analysis & 
Manipulation Division (CG-262), 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

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) is replacing a legacy system of 
records, Department of Transportation DOT/CG 642 System of Records 
Notice known as Joint Maritime Information Element, JMIE, Support 
System, JSS (67 FR 19475). DHS/USCG-001 Maritime Awareness Global 
Network (MAGNET) will replace the JMIS/JSS System of Records. Coast 
Guard Intelligence Directorate, Office of ISR (CG-26) will serve as 
MAGNET's executive agent.
    The JMIE JSS provided storage and access of maritime information 
with some basic search capabilities such as vessel searches by name, 
hull identification and registration number and person's searches by 
passport or merchant mariner license number. MAGNET will enhance JMIE/
JSS capabilities by adding additional data sources, media storage, 
access capabilities, and infrastructure to provide rapid, near real-
time data to the Coast Guard and other authorized organizations that 
need it. DHS, Coast Guard, and MAGNET users will have the ability to 
share, correlate, and provide classified/unclassified data across 
agency lines to provide Maritime Domain Awareness critical to homeland 
and national security.
    Taken together the information in MAGNET establishes Maritime 
Domain Awareness. Maritime Domain Awareness is the collection of as 
much information as possible about the maritime world. In other words, 
MAGNET establishes a full awareness of the entities (people, places, 
things) and their activities within the maritime industry. MAGNET 
collects the information described above and connects the information 
in order to fulfill this need.
    Coast Guard Intelligence (through MAGNET) will provide awareness to 
the field as well as to strategic planners by aggregating data from 
existing sources internal and external to the Coast Guard or DHS. 
MAGNET will correlate and provide the medium to display information 
such as ship registry, current ship position, crew background, 
passenger lists, port history, cargo, known criminal vessels, and 
suspect lists. Coast Guard Intelligence (CG-2) will serve as MAGNET's 
executive agent and will share appropriate aggregated data to other law 
enforcement and intelligence agencies.
    MAGNET could relate to an individual in a few ways. As one example, 
MAGNET may collect information on individuals associated with ports, 
port facilities, and maritime vessels. Individuals may be passengers, 
crew, owners, operators, or any other employee in support of maritime 
business or other activities. The primary collection vehicle for people 
information is through the Ships Arrival Notification System (SANS). 
Certain vessels, as defined in 33 CFR part 160, are required to report 
arrivals to U.S. ports and included is crew and passenger information. 
The SANS information is replicated into MAGNET. MAGNET will also 
contain information about passenger ships that are required to report 
arrivals via SANS.
    The MAGNET system receives data from several systems within DHS and 
outside of DHS through electronic transfers of information. These 
systems include Ships Arrival and Notification System (SANS), National 
Automated Identification System (NAIS), Maritime Information for Safety 
and Law Enforcement and the Coast Guard and U.S. Navy Common 
Operational Pictures. These electronic transfers include the use of an 
Internet Protocol called Secure File Transfer Protocol (SFTP), delivery 
of data on CD-ROM or DVD-ROM, system-to-system communications via 
specially written Internet Protocol socket-based data streaming, 
database-to-database replication of data, electronic transfer of 
database transactional backup files, and delivery of formatted data via 
electronic mail.
    MAGNET will provide output to the Common Operating Picture (COP) as 
viewed using the Global Command and Control System, Integrated Imagery 
and Intelligence (GCCS-I3) platform. The COP is an integrated, or 
``common'', view of the vessels operating in water that is important to 
the United States government, including geographic positions of the 
vessels, as well as, characteristics of the vessel. The COP is 
integrated (or ``shared'') amongst users of the GCCS-I3, which is 
commonly used within the U.S. Coast Guard and the Department of Defense 
to monitor areas of operation. The output destined for the COP may be 
submitted to the Common Intelligence Picture (CIP) for review prior to 
the data being transferred to the COP. In addition, users will be able 
to run queries about specific vessels or tracks from a GCCS-I3 
workstation and retrieve additional information from the MAGNET 
database. MAGNET will be able to accept input from the GCCS-I3 
environment and process this data into the MAGNET database. This will 
allow MAGNET to accumulate position reports from the COP.
    Types of information sharing that may result from the routine uses 
outlined in this notice include: (1) Disclosure to individuals who are 
working as a contractor or with a similar relationship working on 
behalf of DHS; (2) sharing with Congressional offices asking on behalf 
of an individual; (3) sharing when there appears to be a specific 
violation or potential violation of law, or identified threat or 
potential threat to national or international security, such as 
criminal or terrorist

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activities, based on individual records in this system; (4) sharing 
with the National Archives and Records Administration (NARA) for proper 
handling of government records; (5) sharing when relevant to litigation 
associated with the Federal government; (6) sharing to protect the 
individual who is the subject of the record from the harm of identity 
theft in the case of a data breach affecting this system; and (7) 
sharing with U.S. or foreign intelligence personnel in the development 
or execution of intelligence activities or exercises.
    Elsewhere in today's Federal Register, DHS has published a notice 
of proposed rulemaking (NPRM) to exempt 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).

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. In the Privacy Act, 
an individual is defined to encompass United States citizens and legal 
permanent residents. MAGNET involves the collection and creation of 
information that is maintained in a system of records.
    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 to 
which personally identifiable information is put, and to assist the 
individual to more easily find such files within the agency. DHS is 
hereby publishing a description of the system of records referred to as 
the Maritime Awareness Global Network (MAGNET).
    In accordance with 5 U.S.C. 552a(r), a report concerning this 
record system has been sent to the Office of Management and Budget and 
to the Congress.
DHS/USCG-061

SYSTEM NAME:
    Maritime Awareness Global Network (MAGNET).

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. A redundant capability for 
continuity of operation in the event of a primary system failure is 
located at the Coast Guard Operations System Center, Martinsburg, West 
Virginia.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    1. Individuals, who are U.S. citizens, lawful permanent residents, 
and non-citizens, associated with vessels, facilities, companies, 
organizations, and ports involved in the maritime sector.
    2. Individuals identified through observation by and interaction 
with Coast Guard personnel during Coast Guard operations that include 
but not limited to boarding of vessels, conducting aircraft over-
flights, and through Field Intelligence Support team (FIST) sightings 
and reports.
    3. Individuals identified during Coast Guard enforcement actions as 
violating, suspected of violating, or witnessing the violations of 
United States (U.S.) laws, international laws, or treaties.
    4. Individuals associated with vessels or other individuals that 
are known, suspected, or alleged to be involved in contraband 
trafficking, illegal migrant activity (smuggling, trafficking, and 
otherwise), or terrorist activity.

CATEGORIES OF RECORDS IN THE SYSTEM:
    1. Information related to: Individuals associated with vessels, 
companies, organizations, and ports involved in the maritime sector and 
this information may include: Name, nationality, address, telephone 
number, and taxpayer or other identification number; date of birth, 
relationship to vessels and facilities; the individuals' relationship 
to other individuals, companies, government agencies, and organizations 
in MAGNET; individuals involved with pollution incidents, and 
violations of laws and international treaties; and casualties.
    2. Information on individuals who are associated with vessels 
involved in contraband trafficking, illegal migrant activity 
(smuggling, trafficking, and otherwise), or any other unlawful act 
within the maritime sector, and with other individuals who are known, 
suspected, or alleged to be involved in contraband trafficking, illegal 
migrant activity (smuggling, trafficking, and otherwise), terrorist 
activities, or any other unlawful act within the maritime sector.
    3. Information on individuals, companies, vessels, or entities 
associated with the maritime industry to include: vessel owners, vessel 
operators, vessel characteristics, crewmen, passengers, facility 
owners, facility managers, facility employees or any other individuals 
affiliated with the maritime community. In addition to information on 
individuals, commodities handled, equipment, location, certificates, 
approvals, inspection data, pollution incidents, casualties, and 
violations of all laws and international treaties may also be included.

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. 632; 46 U.S.C. 3717; 46 U.S.C. 
12501; 33 U.S.C. 1223.

Purpose(s):
    MAGNET will assist DHS and the United States Coast Guard in 
performing its mission of protecting the United States against 
potential terrorist threats and respond to natural and man-made 
disaster by providing Maritime Domain Awareness. MAGNET has been 
established to enable the United States Coast Guard and various United 
States Government agencies or military services/commands from the Law 
Enforcement and Intelligence Communities to share multi-source maritime 
information that will assist them in the performance of their missions. 
Most recently these missions have been expanded and are enumerated 
through National Security Presidential Directive NSPD 41 and Homeland 
Security Presidential Directive HSPD-13 and other federal instruction.
    MAGNET will provide MDA to the field as well as to USCG strategic 
planners by aggregating data from existing sources internal and 
external to the Coast Guard or DHS. MAGNET will organize and provide 
the mechanism to display information such as ship registry, current 
ship position, crew background, passenger lists, port history, cargo, 
known criminal vessels, and suspect lists as such information is 
collected from various sources.

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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) as follows:
    MAGNET Records may be disclosed to the following:
    A. 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 chartered or 
operated by those agencies.
    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 the National Transportation Safety Board and its related 
State counterparts for safety investigation and transportation safety.
    D. To the International Maritime Organization (IMO) or 
intergovernmental organizations, nongovernmental organizations, or 
foreign governments in order to conduct joint investigations, 
operations, and inspections.
    E. To Federal, State, or local agencies with which the Coast Guard 
has a Memorandum of Understanding (MOU), Memorandum of Agreement (MOA), 
or Inspection and Certification Agreement (ICA) pertaining to marine 
safety, maritime security, maritime intelligence, maritime law 
enforcement, and marine environmental protection activities.
    F. 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.
    G. 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.
    H. 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.
    I. 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.
    J. 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.
    K. 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.
    L. 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.
    M. 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.

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 from member 
agencies and other sources may be merged into a classified domain 
within this data base.
    Classified information, downloaded from the host and then extracted 
from the personal computer (PC) workstations and recorded on paper or 
electronic media, will be stored at user sites in appropriately 
classified storage containers or on secured electronic media.
    Unclassified information will be stored in accordance with each 
user sites' handling procedures. Unclassified information derived from 
MAGNET remains U.S. Coast Guard information and is For Official Use 
Only. Determinations by any user to further disseminate, in any form, 
MAGNET derived information to other entities or agencies, foreign or 
domestic, must include prior authorization from the executive agent.

Retrievability:
    Records are retrieved by name (individual, company, government 
agency or organization), boat registration number, documented vessel 
name/number, Social Security Number, drivers license number, foreign ID 
number, passport number, VISA number military ID number, USCG license 
number, resident alien number, Merchant Mariners License number, or 
Merchant Mariner documentation number.

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. DHS

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file areas are locked after normal duty hours and the facilities are 
protected from the outside by security personnel.
    MAGNET falls under the security guidelines of the National Maritime 
Intelligence Center and has its own approved System Security Plan which 
provides that:
    All classified MAGNET 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 MAGNET System 
Security Plan and have been implemented, and
    Access to records requiring TOP SECRET level is limited strictly to 
personnel with TOP SECRET or higher level clearances and who have been 
determined to have the appropriate ``need to know.''
    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 any classified 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 MAGNET in consonance with Federal 
security regulations, policy, procedures, standards and guidance for 
implementing the Automated Information Systems Security Program. 
Specific operating rules to ensure compliance with national policy are 
reflected in each site's Standard Operating Procedures. These rules 
include specifications that accesses to records containing information 
on U.S. persons are as follows:
    Only authorized personnel may access such records.
    MAGNET transactions that include Privacy Act and Classified data 
require an active pre-screened account, username and password and have 
a unique identifier to differentiate them from other MAGNET 
transactions. This allows for additional oversight and audit 
capabilities to ensure that the data are being handled consistent with 
all applicable federal laws and regulations regarding privacy and data 
integrity.

Retention and disposal:
    Dynamic information on vessel position(s) and movement(s) will be 
stored for not more than ten (10) years but may be reduced in detail to 
comply with media storage procedures and requirements. Other 
information such as characteristics, identification status and 
associate records is updated to remain current and is retained for 
twenty (20) years. The requirements supporting the collection and 
storage of data are reviewed regularly. Records will be kept accessible 
online for three (3) years then archived offline within MAGNET to 
support ongoing investigations or law enforcement activities.
    Audit records, maintained to document access to information 
relating to specific individuals, are maintained for five (5) years or 
the life of the MAGNET whichever is longer. Access to audit records 
will only be granted to authorized personnel.

System manager(s) and address:
    Department of Homeland Security United States Coast Guard (MAGNET 
Executive Agent), Intelligence Directorate, Office of ISR (CG-26), 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 subsections (j)(2) and (k)(1) and (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.
    To determine whether this system contains records relating to you, 
write to the System Manager identified above. Your written request 
should include your name and mailing address. You may also provide any 
additional information that will assist in determining if there is a 
record relating to you if applicable, such as your Merchant Mariner 
License or document number, the name and identifying number 
(documentation number, state registration number, Social Security 
Number, International Maritime Organization (IMO) number, etc.) of any 
vessel with which you have been associated and the name and address of 
any facility (including platforms, bridges, deep water ports, marinas, 
terminals and factories) with which you have been associated. The 
request must be signed by the individual, or his/her legal 
representative, and must be notarized to certify the identity of the 
requesting individual pursuant to 28 U.S.C. 1746 (unsworn declarations 
under penalty of perjury). Submit a written request identifying the 
record system and the category and types of records sought to the 
Executive Agent.

Record access 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 subsections (j)(2) and (k)(1) and (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 System Manager at the address given above in accordance 
with the ``Notification Procedure''. Provide your full name and a 
description of the information you seek, including the time frame 
during which the record(s) may have been generated. Individuals 
requesting access to their own records must comply with DHS's Privacy 
Act regulation on verification of identity (6 CFR 5.21(d)). Further 
information may also be found at http://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 subsections (j)(2) and (k)(1) and (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

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the rules for requesting access to Privacy Act records maintained by 
DHS.

Record source categories:
    Information contained in MAGNET is gathered from a variety of 
sources both internal and external to the Coast Guard. Source 
information may come from sensors, inspections, boardings, 
investigations, documentation offices, vessel notice of arrival 
reports, owners, operators, crew members, agents, passengers, 
witnesses, employees, U.S. 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:
    The records and information in this system are exempt from 5 U.S.C. 
552a(c)(3) and (4), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), (e)(12), (f), and (g) 
of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). 
A Notice of Proposed Rulemaking 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 Notice Establishing a New 
Systems of Records in the Federal Register.

Hugo Teufel, III,
Chief Privacy Officer.
 [FR Doc. E8-10896 Filed 5-14-08; 8:45 am]
BILLING CODE 4410-10-P