Privacy Act of 1974; as Amended; Amendments to an Existing System of Records, 11036-11040 [E7-4407]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Notices]
[Pages 11036-11040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4407]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974; as Amended; Amendments to an Existing System 
of Records

AGENCY: Office of the Secretary, Department of the Interior.

ACTION: Proposed amendment of an existing system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), 
the Office of the Secretary of the Department of the Interior is 
issuing public notice of its intent to amend an existing Privacy Act 
system of records notice, Interior, OS-45, ``Security Clearance Files 
and Other Reference Files,'' to implement Homeland Security 
Presidential Directive 12 (HSPD-12). HSPD-12 requires Federal agencies 
to use a common identification credential for both logical and physical 
access to federally controlled facilities and information systems. 
Accordingly, the National Business Center, within the Office of the 
Secretary of the Department of the Interior, is implementing an 
identity management system to automate the process of issuing 
credentials to all Departmental employees, contractors, volunteers and 
other individuals who require regular, ongoing access to agency 
facilities and information systems and networks, based on sound 
criteria to verify an individual's identity, that are strongly 
resistant to fraud, tampering, counterfeiting, and terrorist 
exploitation, and that provide for rapid, electronic authentification 
of personal identity, by a provider whose reliability has been 
established through an official accreditation process. For this reason, 
it is renaming and renumbering Interior, OS-45, ``Security Clearance 
Files and Other Reference Files,'' as Interior, DOI-45: ``HSPD-12: 
Identity Management System and Personnel Security Files.''

DATES: Effective Date: U.S.C. 552a(e)(11) requires that the public be 
provided a 30-day period in which to comment on the agency's intended 
use of the information in the system of records. The Office of 
Management and Budget, in its Circular A-130, requires an additional 
10-day period (for a total of 40 days) in which to make these comments. 
Any persons interested in commenting on this proposed amendment may do 
so by submitting comments in writing to the Office of the Secretary 
Privacy Act Officer, Sue Ellen Sloca, U.S. Department of the Interior, 
MS-120 SIB, 1951 Constitution Avenue, NW., Washington, DC 20240, or by 
e-mail to Sue--Ellen--Sloca@nbc.gov. Comments received within 40 days 
of publication in the Federal Register will be considered. The system 
will be effective as proposed at the end of the comment period unless 
comments are received which would require a contrary determination. The 
Department will publish a revised notice if changes are made based upon 
a review of comments received.

FOR FURTHER INFORMATION CONTACT: David VanderWeele, Security 
Specialist, NBC Security Services, MS-1229 MIB, 1849 C St., NW., 
Washington, DC 20240, or by e-mail to David--A--Vanderweele@nbc.gov.

SUPPLEMENTARY INFORMATION: In this notice, the Department of the 
Interior is amending Interior, OS-45, ``Security Clearance Files and 
Other Reference Files'' to implement HSPD-12, and is renaming and 
renumbering it as Interior, DOI-45: ``HSPD-12: Identity Management 
System and Personnel Security Files.'' In the process, it is expanding 
the categories of individuals covered by the system to include all 
individuals who require regular, ongoing access to Departmental 
facilities and information systems and networks, and is expending the 
categories of records in the system to include additional personal 
identity verification (PIV) data such as fingerprints and copies of 
documents used to verify identification.

    Note: This system notice also does not apply to individuals who 
require regular, ongoing access to facilities and information 
systems and networks managed by other Federal agencies on whose 
behalf the Department issues identification credentials, as a 
shared-service provider. Although data pertaining to these 
individuals are stored in the Department's identity management 
system, their records are covered, respectively, by their individual 
agency Privacy Act system of records notices.

    Accordingly, the Department of the Interior proposes to amend the 
system notice for Interior, OS-45, ``Security Clearance Files and Other 
Reference Files'' in its entirety to read as follows:

    Dated: March 7, 2007.
Sue Ellen Sloca,
Office of the Secretary Privacy Act Officer.
INTERIOR/DOI-45

System Name:
    HSPD-12: Identity Management System and Personnel Security Files--
Interior, DOI-45.

System Location:
    Data covered by this system are maintained at the following 
locations:
    (1) U.S. Department of the Interior, Office of the Secretary, 
National Business Center, 7301 West Mansfield Avenue, Mail Stop D-7200, 
Denver, CO 80225; U.S. Department of the Interior, Office of the 
Secretary, National Business Center, 1849 C St., NW., Mail Stop 1224 
MIB, Washington, DC 20240.
    (2) Bureau of Indian Affairs: Bureau of Indian Affairs, Office of 
Human Capital

[[Page 11037]]

Management, 1011 Indian School Road, NW., Mail Stop 64, Albuquerque, NM 
87104.
    (3) Bureau of Indian Education: Bureau of Indian Affairs, Office of 
Human Resources, P.O. Box 769, Albuquerque, NM 87103.
    (4) Bureau of Land Management: Bureau of Land Management, Office of 
Law Enforcement and Security, 1620 L Street, NW., Washington, DC 20036.
    (5) Bureau of Reclamation: Bureau of Reclamation, P.O. Box 25007, 
Denver, CO 80225.
    (6) Minerals Management Service: Minerals Management Service, 381 
Elden Street, Mail Stop 2050, Herndon, VA 20170.
    (7) National Park Service: National Park Service, Office of Human 
Resources, 1201 Eye Street, NW., 12th Floor, Washington, DC 20005-5912.
    (8) Office of Surface Mining, Reclamation and Enforcement: Office 
of Surface Mining, Reclamation and Enforcement, 1951 Constitution 
Avenue, NW., SIB, Washington, DC 20240.
    (9) Office of the Inspector General: Office of the Inspector 
General, 12030 Sunrise Valley Drive, Suite 350, Mail Stop 5341, Reston, 
VA 20191.
    (10) Office of the Secretary/National Business Center: See (1), 
above.
    (11) Office of the Solicitor: Office of the Solicitor, Division of 
Administration, 1849 C St., NW., Mail Stop 6556 MIB, Washington, DC 
20240.
    (12) U.S. Fish and Wildlife Service: U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Dr., Arlington, VA 22203.
    (13) U.S. Geological Survey: U.S. Geological Survey, 250 National 
Center, 12201 Sunrise Valley Drive, Reston, VA 20192.

Categories Of Individuals Covered By The System:
    (1) Individuals who require regular, ongoing access to Departmental 
facilities, information systems and networks, and/or information 
classified in the interest of national security, including applicants 
for employment or contracts with the Department of the Interior, 
Departmental employees, contractors, students, interns, volunteers, 
affiliates, and individuals formerly in any of these positions. The 
system also covers individuals authorized to perform or use services 
provided in Departmental facilities (e.g., Credit Union, Fitness 
Center, etc.)

    Note: This system notice does not apply to occasional visitors 
or short-term guests to whom the Department issues temporary 
identification and credentials. These records are covered by 
Interior/DOI-46, ``HSPD-12: Physical Security System Files.'' This 
system notice also does not apply to individuals who require 
regular, ongoing access to facilities and information systems and 
networks managed by other Federal agencies on whose behalf the 
Department issues identification credentials, as a shared-service 
provider. Although data pertaining to these individuals are stored 
in the Department's identity management system, their records are 
covered, respectively, by their individual agency Privacy Act system 
of records notices. Additionally, this system notice does not apply 
to individuals accused of security violations or found to be in 
violation. Records relating to personnel and building security 
violations will be covered by Interior/OS-18: ``Security Complaints 
and Investigations Files.''

    (2) Employees of independent agencies, councils and commissions 
(which are provided administrative support by the Department of the 
Interior), whose duties have been designated ``special sensitive,'' 
``critical sensitive,'' ``noncritical sensitive'' or ``clearance for 
FEMA special access program.''
    (3) Individuals who require regular, ongoing access to facilities 
and information systems and networks managed by other Federal agencies 
on whose behalf the Department provides enrollment services but not 
identification credentials.

    Note: Information on these individuals is maintained for the 
minimum time required to process it before secure transmission to 
another agency's identity management system through a third party 
enrollment broker. Records pertaining to these individuals are 
covered, respectively, by their individual agency Privacy Act system 
of records notices.

Categories Of Records In The System:
    (1) Copies of forms SF 85, SF 85P, SF 85P-S, SF 86, SF 86A, SF 86C, 
and FD 258 as supplied by individuals covered by the system.
    (2) Name, former names, birth date, birth place, Social Security 
Number, signature, home address, e-mail address, phone numbers, 
employment history, residential history, education and degrees earned, 
names of associates and references and their contact information, 
citizenship, names of relatives, birthdates and places of relatives, 
citizenship of relatives, names of relatives who work for the Federal 
government, criminal history, mental health history, drug use, 
financial information, fingerprints, summary report of investigation, 
results of suitability decisions, level of security clearance, date of 
issuance of security clearance, and requests for appeal.
    (3) Copies of letters of transmittal between the Department of the 
Interior and the Office of Personnel Management concerning the covered 
individual's background investigation, and copies of certification of 
clearance status and briefings and/or copies of debriefing certificates 
signed by the individual, as appropriate. Card files contain case file 
summaries, case numbers and dispositions of case files following 
review.
    (4) Copies of personal identity verification (PIV) application 
forms as supplied by individuals covered by the system.
    (5) Records maintained on individuals issued credentials by the 
Department include the following data fields: Full name, Social 
Security Number; date of birth; signature; image (photograph); 
fingerprints; hair color; eye color; height; weight; home address; work 
address; e-mail address; agency affiliation (i.e., employee, 
contractor, volunteer, etc.); telephone numbers; PIV card issue and 
expiration dates; personal identification number (PIN); results of 
background investigation; PIV request form; PIV registrar approval 
signature; PIV card serial number; emergency responder designation; 
copies of ``I-9'' documents (e.g., driver's license, passport, birth 
certificate, etc.) used to verify identification or information derived 
from those documents such as document title, document issuing 
authority, document number, or document expiration date; level of 
national security clearance and expiration date; computer system user 
name; user access and permission rights, authentication certificates; 
and digital signature information.

Authority For Maintenance Of The System:
    Executive orders 10450, 10865, 12333, and 12356; sections 3301 and 
9101 of title 5, U.S. Code; sections 2165 and 2201 of title 42; U.S. 
Code; sections 781 to 887 of title 50, U.S. Code; parts 5, 732, and 736 
of title 5, Code of Federal Regulations; Homeland Security Presidential 
Directive 12, Policy for a Common Identification Standard for Federal 
Employees and Contractors, August 27, 2004; 5 U.S.C. 301; Federal 
Information Security Act (Pub. L. 104-106, sec. 5113); Electronic 
Government Act (Pub. L. 104-347, section 203); the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501); the Government Paperwork Elimination Act 
(Pub. L. 105-277, 44 U.S.C. 3504); and the Federal Property and 
Administrative Act of 1949, as amended.

[[Page 11038]]

Routine Uses Of Records Maintained In The System, Including Categories 
Of Users And The Purposes Of Such Uses.
The primary purposes of the system are:
    (1) To document and support decisions regarding
    (a) Clearance for access to classified information;
    (b) Suitability, eligibility, and fitness for service of applicants 
for Federal employment and contract positions, including students, 
interns, or volunteers to the extent their duties require regular, 
ongoing access to Departmental facilities and information systems and 
networks; and
    (2) To verify the identity of individuals issued common 
identification credentials by the Department in compliance with the 
HSPD-12 directive.
    (3) To ensure the safety and security of Departmental facilities 
and information systems and networks, and their occupants and users.

    Note: This system interfaces with the Department's physical 
security system, covered by Interior/DOI-46, ``HSPD-12: Physical 
Security Files,'' and the Department's logical security system, 
covered by Interior/DOI-47, ``HSPD-12: Logical Security Files 
(Enterprise Access Control Service / EACS).'' This system will also 
interface with the Department's Federal Payroll and Personnel System 
(FPPS), covered by Interior/DOI-85, ``Payroll, Attendance, 
Retirement, and Leave Records.''

Disclosures outside the Department of the Interior may be made:
    (1) To the Office of Personnel Management for matters concerned 
with oversight activities (necessary for the Office of Personnel 
Management to carry out its legally-authorized Government-wide 
personnel management programs and functions.)
    (2)(a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (3) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the congressional 
office about the individual.
    (4) To the Federal Protective Service and appropriate Federal, 
State, local or foreign agencies responsible for investigating 
emergency response situations or investigating or prosecuting the 
violation of or for enforcing or implementing a statute, rule, 
regulation, order or license, when DOI becomes aware of a violation or 
potential violation of a statute, rule, regulation, order or license.
    (5) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files, in support of the functions for which the 
records were collected and maintained.
    (6) To Federal, State, or local agencies that have requested 
information relevant or necessary to the hiring, firing or retention of 
an employee, contractor, etc., or the issuance of a security clearance, 
license, contract, grant or other benefit.
    (7) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2903 and 2904.
    (8) To state and local governments and tribal organizations to 
provide information needed in response to court order and/or discovery 
purposes related to litigation.
    (9) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs, on DOI's behalf, services 
requiring access to these records.
    (10) To the Office of Management and Budget when necessary to the 
review of private relief legislation pursuant to OMB Circular No. A-19.
    (11) To other Federal agencies through third party enrollment 
brokers serving as links in the secure chain of custody for the HSPD-12 
process when the Department has entered into agreements with these 
agencies to provide enrollment services to their employees, 
contractors, etc. but not identification credentials.


    Note: In all such instances, the data being disclosed to these 
agencies through the enrollment brokers is data pertaining to their 
own employees, contractors, etc., and not data pertaining to 
Departmental employees, contractors, etc.


    (12) To the Federal Bureau of Investigation for the National Agency 
Check with Inquiries (NACI) background investigation.
    (13) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, 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
    (c) The disclosure is made to such agencies, entities and persons 
who are 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.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to 
consumer reporting agencies as they are defined in the Fair Credit 
Reporting Act.

Policies And Practices For Storing, Retrieving, Accessing, Retaining, 
And Disposing Of Records In The System:
Storage:
    Records are stored in paper files and in electronic media.

Retrievability:
    Records are retrievable by name of employee or covered individual, 
Social Security Number, other ID number, PIV card serial number, image 
(photograph), or fingerprint.

Safeguards:
    Access to records covered by the system will be permitted only to 
authorized personnel in accordance with requirements found in the 
Departmental Privacy Act regulations (43 CFR 2.51). Persons given roles 
in the PIV process must complete training

[[Page 11039]]

specific to their roles to ensure they are knowledgeable about how to 
protect individually identifiable information regardless of how and 
where it is stored. Paper records are stored in locked file cabinets in 
a secure area. Electronic records in the identity management system are 
maintained with safeguards meeting the requirements of 43 CFR 2.51 for 
automated records, which conform to Office of Management and Budget and 
Departmental guidelines reflecting the implementation of the Federal 
Information Security Management Act. The electronic data are protected 
through user identification, passwords, database permissions, 
encryption and software controls. Such security measures establish 
different degrees of access levels for different types of users. An 
audit trail is maintained and reviewed periodically to identify 
unauthorized access. A Privacy Impact Assessment was completed to 
ensure that Privacy Act requirements and personally identifiable 
information safeguard requirements are met.

Retention And Disposal:
    Although paper records relating to individuals covered by the 
system are generally retained and disposed of in accordance with 
General Records Schedule 18, Item 22, approved by the National Archives 
and Records Administration, a separate records schedule, identified as 
item 6600 of the Office of the Secretary Consolidated Subject-Function 
Code Records Disposition Schedule is under development. This schedule 
prescribes that records are destroyed upon notification of death or not 
later than five years after separation or transfer of employee, 
whichever is applicable.
    Additionally, in accordance with HSPD-12, PIV Cards are deactivated 
within 18 hours of notification regarding cardholder separation, loss 
of card, or expiration. The information on PIV Cards is maintained in 
accordance with General Records Schedule 11, Item 4. PIV Cards are 
destroyed by cross-cut shredding no later than 90 days after 
deactivation.

System Manager(S) And Address:
    (1) HSPD-12 System Manager:
    Security Manager, U.S. Department of the Interior, Office of the 
Secretary, National Business Center, 1849 C St., NW., Mail Stop 1229 
MIB, Washington, DC 20240.
    (2) Bureau Personnel Security System Managers:
    (a) Bureau of Indian Affairs:
    Security Program Supervisor, Bureau of Indian Affairs, Office of 
Human Capital Management, 1011 Indian School Road, NW., Mail Stop 64, 
Albuquerque, NM 87104.
    (b) Bureau of Indian Education:
    Personnel Security Specialist, Bureau of Indian Education, Office 
of Human Resources, P.O. Box 769, Albuquerque, NM 87103.
    (c) Bureau of Land Management:
    Chief Security and Intelligence, Bureau of Land Management, Office 
of Law Enforcement and Security, 1620 L Street, NW., Washington, DC 
20036.
    (d) Bureau of Reclamation:
    Security Specialist, Bureau of Reclamation, P.O. Box 25007, Denver, 
CO 80225.
    (e) Minerals Management Service:
    Personnel Security Specialist, Minerals Management Service, 381 
Elden Street, Mail Stop 2050, Herndon, VA 20170.
    (f) National Park Service:
    Security Officer, National Park Service, Office of Human Resources, 
1201 Eye Street, NW., 12th Floor, Washington, DC 20005-5912.
    (g) Office of Surface Mining, Reclamation and Enforcement:
    Personnel Security Officer, Office of Surface Mining, Reclamation 
and Enforcement, 1951 Constitution Avenue, NW., SIB, Washington, DC 
20240.
    (h) Office of the Inspector General:
    Security Specialist, Office of the Inspector General, 12030 Sunrise 
Valley Drive, Suite 350, Mail Stop 5341, Reston, VA 20191.
    (i) Office of the Secretary/National Business Center:
    Security Manager, National Business Center, MS-1224 MIB, 1849 C 
St., NW., Washington, DC 20240.
    (j) Office of the Solicitor:
    Director of Administrative Services, Division of Administration, 
Office of the Solicitor, 1849 C St., NW., MS-6556, Washington, DC 
20240.
    (k) U.S. Fish and Wildlife Service:
    Personnel Security Manager, U.S. Fish and Wildlife Service, 4501 N. 
Fairfax Dr., 3rd Fl., Arlington, VA 22203.
    (l) U.S. Geological Survey:
    Bureau Security Manager, U.S. Geological Survey, 250 National 
Center, 12201 Sunrise Valley Drive, Reston, VA 20192.

Notification Procedure:
    A request for notification of the existence of electronic records 
pertaining to the HSPD-12 credentialing process shall be addressed to 
the HSPD-12 System Manager identified in (1) above. A request for 
notification of the existence of paper records pertaining to the 
personnel security management process shall be addressed to the 
appropriate Bureau Personnel Security System Manager identified in (2), 
above. All such requests for notification must be in writing, signed by 
the requester, include the requester's bureau and office affiliation 
and work address, if an employee, or the name and address of the bureau 
and office with whom the requester is associated for purposes of 
identity credentialing, and address of the facility or name of the 
system that the requester needed access to, to facilitate location of 
applicable paper records, if inquiring about paper records, and comply 
with the content requirements of 43 CFR 2.60.

    Note: Individuals who require regular, ongoing access to 
facilities and information systems and networks managed by other 
Federal agencies on whose behalf the Department issues 
identification credentials, as a shared-service provider, requesting 
notification of the existence of identity management and personnel 
security records pertaining to themselves, must contact the 
appropriate party identified in this section of the Privacy Act 
system of records notice published by the agency with which they are 
affiliated.

Record Access Procedure:
    A request for access to or copies of electronic records pertaining 
to the HSPD-12 credentialing process shall be addressed to the HSPD-12 
System Manager identified in (1) above. A request for access to or 
copies of paper records pertaining to the personnel security management 
process shall be addressed to the appropriate Bureau Personnel Security 
System Manager identified in (2), above. All such requests must be in 
writing, signed by the requester, include the requester's bureau and 
office affiliation and work address, if an employee, or the name and 
address of the bureau and office with whom the requester is associated 
for purposes of identity credentialing, and address of the facility or 
name of the system that the requester needed access to, to facilitate 
location of applicable paper records, if inquiring about paper records, 
and comply with the content requirements of 43 CFR 2.63.

    Note: Individuals who require regular, ongoing access to 
facilities and information systems and networks managed by other 
Federal agencies on whose behalf the Department issues 
identification credentials, as a shared-service provider, requesting 
access to or copies of identity management and personnel security 
records pertaining to themselves, must contact the appropriate party 
identified in this section of the Privacy Act system of records 
notice published by the agency with which they are affiliated.


[[Page 11040]]



Contesting Records Procedure:
    A request for amendment of electronic records pertaining to the 
HSPD-12 credentialing process shall be addressed to the HSPD-12 System 
Manager identified in (1) above. A request for amendment of paper 
records pertaining to the personnel security management process shall 
be addressed to the appropriate Bureau Personnel Security System 
Manager identified in (2), above. All such requests must be in writing, 
signed by the requester, include the requester's bureau and office 
affiliation and work address, if an employee, or the name and address 
of the bureau and office with whom the requester is associated for 
purposes of identity credentialing, and address of the facility or name 
of the system that the requester needed access to, to facilitate 
location of applicable paper records, if inquiring about paper records, 
and comply with the content requirements of 43 CFR 2.71.

    Note: Individuals who require regular, ongoing access to 
facilities and information systems and networks managed by other 
Federal agencies on whose behalf the Department issues 
identification credentials, as a shared-service provider, requesting 
amendment of identity management and personnel security records 
pertaining to themselves, must contact the appropriate party 
identified in this section of the Privacy Act system of records 
notice published by the agency with which they are affiliated.

Record Source Categories:
    Information is obtained from a variety of sources including the 
employee, contractor, or applicant via use of the SF-85, SF-85P, SF-86, 
SF-87A and FD 258 and personal interviews; employers' and former 
employers' records; other Federal agencies supplying data on covered 
individuals; FBI criminal history records and other databases; 
financial institutions and credit reports; medical records and health 
care providers; educational institutions. Other Federal agencies 
providing HSPD-12 enrollment services to Department of the Interior 
employees, contractors, etc. through third party enrollment brokers.

Exemptions Claimed For The System:
    None.

 [FR Doc. E7-4407 Filed 3-9-07; 8:45 am]
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