Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-010 Physical Disability Evaluation System Files System of Records, 64809-64812 [2014-25909]
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
protein and fat by-products resulting in
seizures, strokes, and chronic kidney
failure. A significant portion of MMA
cases stem from a deficiency in a key
mitochondrial enzyme, methylmalonylCoA mutase (MUT), required to break
down amino acids and lipids. Currently,
there are no treatments for MMA and
the disease is managed primarily with
dietary restriction of amino acid
precursors and liver-kidney
transplantation in severe cases.
The present invention describes a
synthetic codon-optimized MUT gene
(co-MUT) that improves expression of
human methylmalonyl-CoA mutase. A
series of novel gene therapy vectors
containing co-MUT rescued MMA mice
from lethality and lowered levels of
methylmalonic acid in the blood.
Results of pre-clinical efficacy studies
demonstrate a promising therapy for
MMA and other renal-associated
disorders.
Potential Commercial Applications:
• The co-MUT transgene could be
used to treat MMA patients.
• In addition, it could be used to
produce MUT in vitro for MMA enzyme
replacement therapy.
Competitive Advantages: co-MUT
transgene could be used through nonviral and viral gene delivery.
Development Stage:
• In vitro data available
• In vivo data available (animal)
Inventors: Charles P. Venditti and
Randy J. Chandler (NHGRI)
Intellectual Property: HHS Reference
No. E–243–2012/0—
• U.S. Provisional Application No.
61/792,081 filed 15 March 2013
• PCT Application No. PCT/US2014/
028045 filed 14 March 2014
Licensing Contact: Vince Contreras,
Ph.D.; 301–435–4711; vince.contreras@
nih.gov
Collaborative Research Opportunity:
The Organic Acid Research Section at
the National Human Genome Research
Institute is seeking statements of
capability or interest from parties
interested in collaborative research to
further develop, evaluate or
commercialize codon-optimized MUT
constructs. For collaboration
opportunities, please contact Claire T.
Driscoll at cdriscoll@mail.nih.gov.
Dated: October 28, 2014.
Richard U. Rodriguez,
Acting Director, Office of Technology
Transfer, National Institutes of Health.
[FR Doc. 2014–25874 Filed 10–30–14; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HOMELAND
SECURITY
National Institutes of Health
Office of the Secretary
National Institute of Environmental
Health Sciences; Notice of Closed
Meeting
[Docket No. DHS–2014–0053]
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Environmental Health Sciences Special
Emphasis Panel; Review of NIEHS R13
Conference Grant Applications.
Date: November 24, 2014.
Time: 12:00 p.m. to 4:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institute of Environmental
Health Sciences, Keystone Building,
Conference Room 3118, 530 Davis Drive,
Research Triangle Park, NC 27709,
(Telephone Conference Call).
Contact Person: Janice B. Allen, Ph.D.,
Scientific Review Officer, Scientific Review
Branch, Division of Extramural Research and
Training, Nat. Institute of Environmental
Health Science, P.O. Box 12233, MD EC–30/
Room 3170 B, Research Triangle Park, NC
27709, 919/541–7556.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.115, Biometry and Risk
Estimation—Health Risks from
Environmental Exposures; 93.142, NIEHS
Hazardous Waste Worker Health and Safety
Training; 93.143, NIEHS Superfund
Hazardous Substances—Basic Research and
Education; 93.894, Resources and Manpower
Development in the Environmental Health
Sciences; 93.113, Biological Response to
Environmental Health Hazards; 93.114,
Applied Toxicological Research and Testing,
National Institutes of Health, HHS)
Dated: October 24, 2014.
Carolyn Baum,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2014–25873 Filed 10–30–14; 8:45 am]
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Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—010 Physical Disability
Evaluation System Files System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard
Physical Disability Evaluation System
Files System of Records.’’ This system
of records allows the Department of
Homeland Security/United States Coast
Guard to collect and preserve the
records regarding physical disability
evaluation proceedings. As a result of
the biennial review of this system, the
system manager and address category
has been updated. This updated system
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
December 1, 2014. This updated system
will be effective December 1, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0053 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, 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 to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez (202–475–3515),
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
SUMMARY:
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7710, Washington, DC 20593. For
privacy questions, please contact: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Coast Guard proposes to update and
reissue a current DHS system of records
titled, DHS/United States Coast Guard–
010 Physical Disability Evaluation
System Files System of Records.’’ The
DHS/USCG–010 Physical Disability
Evaluation System Files System of
Records will allow the Department of
Homeland Security/United States Coast
Guard to collect and preserve the
records regarding physical disability
evaluation proceedings. As a result of a
biennial review of the system, the
system manager and address category
has been updated to reflect the new mail
stop.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/USCG–010 Physical Disability
Evaluation System Files System of
Records may be shared with other DHS
components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, information may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
This updated system will be included in
DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate 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 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 U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
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on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCG–010 Physical Disability
Evaluation System Files 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 and to
Congress.
System of Records
Department of Homeland Security (DHS)/
USCG–010
SYSTEM NAME:
DHS/USCG–010 Physical Disability
Evaluation System Files System of
Records
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Records are maintained at the United
States Coast Guard Headquarters in
Washington, DC, and in field offices.
Case Matter Management Tracking
System (CMMT) is the information
technology (IT) system in which records
associated with this function are
maintained.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
All USCG active duty and reserve
personnel who are referred for potential
separation or retirement for physical
disability.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Name;
• Social Security number (SSN) and/
or Employee ID (EmpID);
• Informal Physical Evaluation Board
files;
• Formal Physical Evaluation Board
files;
• International Classification of
Diseases code (ICD);
• Physical Review Council files;
• Physical Disability Appeal Board
files; and
• Physical Disability Board of Review
files.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Departmental Regulations 5 U.S.C.
301; 14 U.S.C. 632; the Federal Records
Act, 44 U.S.C. 3101; 10 U.S.C. Chapter
61.
PURPOSE(S):
The purpose of this system is to
document physical disability evaluation
proceedings and ensure equitable
application of the provisions of Title 10,
United States Code, Chapter 61, which
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relates to the separation or retirement of
military personnel by reason of physical
disability.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Note: For records of identity, diagnosis,
prognosis, or treatment of any client/patient
maintained in connection with the
performance of any alcohol or drug abuse
prevention and treatment function
conducted, requested, or directly or
indirectly assisted by any department or
agency of the United States, irrespective of
whether or when he/she ceases to be a client/
patient, shall except as provided therein, be
confidential and be disclosed only for the
purposes and under circumstances expressly
authorized in 42 U.S.C. 290dd–2. This statute
takes precedence over the Privacy Act of
1974 to the extent that disclosure is more
limited. The routine uses set forth below do
not apply to this information. However,
access to the record by the individual to
whom the record pertains is governed by the
Privacy Act. These alcohol and drug abuse
patient records may be disclosed:
A. To medical personnel to the extent
necessary to meet a bona fide medical
emergency;
B. To qualified personnel for the
purpose of conducting scientific
research, management audits, financial
audits, or program evaluation provided
that employees are individually
identified;
C. To the employee’s medical review
official;
D. To the administrator of any
Employee Assistance Program in which
the employee is receiving counseling or
treatment or is otherwise participating;
E. To any supervisory or management
official within the employee’s agency
having authority to take adverse
personnel action against such employee;
or
F. Pursuant to the order of a court of
competent jurisdiction when required
by the United States Government to
defend against any challenge against
any adverse personnel action. See 42
U.S.C. 290dd, 290ee, and Public Law
100–71, Section 503(e).
Note: For all other records besides those
noted above, this system of records contains
individually identifiable health information.
The Health Insurance Portability and
Accountability Act of 1996, applies to most
of such health information. Department of
Defense 6025.18–R may place additional
procedural requirements on the uses and
disclosures of such information beyond those
found in the Privacy Act of 1974 or
mentioned in this system of records notice.
Therefore, routine uses outlined below may
not apply to such protected health
information.
In addition to those disclosures
generally permitted under 5 U.S.C.
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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:
A. To the Department of Justice (DOJ),
including Offices of the U.S. Attorney,
or other federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS 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 DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
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agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To the Department of Veterans
Affairs for assistance in determining the
eligibility of individuals for benefits
administered by that agency, and
available to the U.S. Public Health
Service or the Department of Defense
medical personnel in connection with
the performance of their official duties.
I. 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:
USCG stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, digital media.
RETRIEVABILITY:
USCG retrieves records by name,
social security number, employee
identification number, command, date,
and the diagnosis or International
Classification of Diseases (ICD) code.
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64811
SAFEGUARDS:
USCG safeguards records in this
system in accordance with applicable
rules and policies, including all
applicable DHS automated systems
security and access policies. DHS
imposes strict controls 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:
USCG transfers records to the
National Personnel Records Center,
Military Personnel Records NPRC
(MPRC) three years after last activity.
USCG destroys records 50 years from
the date of the latest document in the
record. (AUTH: NC1–26–82–5, Item
2a2).
SYSTEM MANAGER AND ADDRESS:
Commander (CG–PSC), United States
Coast Guard, 4200 Wilson Boulevard,
Mail Stop 7200, Arlington, VA 20598–
7200.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the Commandant
(CG–611), United States Coast Guard,
Mail Stop 7710, Washington, DC 20593.
If an individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act (FOIA)
Officer, Department of Homeland
Security, 245 Murray Drive SW.,
Building 410, STOP–0655, Washington,
DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
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Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act System of
Records.
Homeland Security (DHS) system of
records titled, ‘‘Department of
Homeland Security/United States Coast
Guard—029 Notice of Arrival and
Departure System of Records.’’ This
system of records allows the Department
of Homeland Security/United States
Coast Guard (USCG) to facilitate the
effective and efficient entry and
departure of vessels into and from the
United States, and assist with assigning
priorities for conducting maritime safety
and security regulations. As a result of
a biennial review of this system, the
Department of Homeland Security/
United States Coast Guard is updating
this system of records notice to update
the system manager and address
category. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 1, 2014. This updated system
will be effective December 1, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0056 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez, (202) 475–3515,
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
7710, Washington, DC 20593. For
privacy questions, please contact: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
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 the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained from
information in records developed
through proceedings of administrative
bodies listed in ‘‘Categories of records’’
above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: October 17, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–25909 Filed 10–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0056]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—029 Notice of Arrival
and Departure System of Records
AGENCY:
SUMMARY:
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Coast Guard (USCG) proposes to update
and reissue a current DHS system of
records titled, ‘‘DHS/USCG—029 Notice
of Arrival and Departure System of
Records.’’ The collection and
maintenance of this information will
assist DHS/USCG in meeting its
statutory obligation to assign priorities
while conducting maritime safety and
security missions in accordance with
international and U.S. regulations. As a
result of a biennial review of the system,
the system manager and address
category has been updated to reflect the
new mail stop.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCG—029 Notice of Arrival
and Departure (NOAD) may be shared
with other DHS components that have a
need to know the information to carry
out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS/USCG may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
This updated system will be included
in DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal government
agencies collect, maintain, use, and
disseminate 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 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 U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCG–029 Notice of Arrival and
Departure 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 and to
Congress.
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]]>Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64809-64812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25909]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0053]
Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--010 Physical Disability Evaluation System Files
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Coast Guard Physical Disability Evaluation
System Files System of Records.'' This system of records allows the
Department of Homeland Security/United States Coast Guard to collect
and preserve the records regarding physical disability evaluation
proceedings. As a result of the biennial review of this system, the
system manager and address category has been updated. This updated
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before December 1, 2014. This updated
system will be effective December 1, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0053 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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 to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop
[[Page 64810]]
7710, Washington, DC 20593. For privacy questions, please contact:
Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Coast Guard
proposes to update and reissue a current DHS system of records titled,
DHS/United States Coast Guard-010 Physical Disability Evaluation System
Files System of Records.'' The DHS/USCG-010 Physical Disability
Evaluation System Files System of Records will allow the Department of
Homeland Security/United States Coast Guard to collect and preserve the
records regarding physical disability evaluation proceedings. As a
result of a biennial review of the system, the system manager and
address category has been updated to reflect the new mail stop.
Consistent with DHS's information-sharing mission, information
stored in the DHS/USCG-010 Physical Disability Evaluation System Files
System of Records may be shared with other DHS components that have a
need to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, information may be shared with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice. This updated system will be included in DHS's
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate 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 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 U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCG-010 Physical Disability
Evaluation System Files 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 and to
Congress.
System of Records
Department of Homeland Security (DHS)/USCG-010
System name:
DHS/USCG-010 Physical Disability Evaluation System Files System of
Records
Security classification:
Unclassified
System location:
Records are maintained at the United States Coast Guard
Headquarters in Washington, DC, and in field offices. Case Matter
Management Tracking System (CMMT) is the information technology (IT)
system in which records associated with this function are maintained.
Categories of individuals covered by the system:
All USCG active duty and reserve personnel who are referred for
potential separation or retirement for physical disability.
Categories of records in the system:
Categories of records in this system include:
Name;
Social Security number (SSN) and/or Employee ID (EmpID);
Informal Physical Evaluation Board files;
Formal Physical Evaluation Board files;
International Classification of Diseases code (ICD);
Physical Review Council files;
Physical Disability Appeal Board files; and
Physical Disability Board of Review files.
Authority for maintenance of the system:
Departmental Regulations 5 U.S.C. 301; 14 U.S.C. 632; the Federal
Records Act, 44 U.S.C. 3101; 10 U.S.C. Chapter 61.
Purpose(s):
The purpose of this system is to document physical disability
evaluation proceedings and ensure equitable application of the
provisions of Title 10, United States Code, Chapter 61, which relates
to the separation or retirement of military personnel by reason of
physical disability.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Note: For records of identity, diagnosis, prognosis, or
treatment of any client/patient maintained in connection with the
performance of any alcohol or drug abuse prevention and treatment
function conducted, requested, or directly or indirectly assisted by
any department or agency of the United States, irrespective of
whether or when he/she ceases to be a client/patient, shall except
as provided therein, be confidential and be disclosed only for the
purposes and under circumstances expressly authorized in 42 U.S.C.
290dd-2. This statute takes precedence over the Privacy Act of 1974
to the extent that disclosure is more limited. The routine uses set
forth below do not apply to this information. However, access to the
record by the individual to whom the record pertains is governed by
the Privacy Act. These alcohol and drug abuse patient records may be
disclosed:
A. To medical personnel to the extent necessary to meet a bona fide
medical emergency;
B. To qualified personnel for the purpose of conducting scientific
research, management audits, financial audits, or program evaluation
provided that employees are individually identified;
C. To the employee's medical review official;
D. To the administrator of any Employee Assistance Program in which
the employee is receiving counseling or treatment or is otherwise
participating;
E. To any supervisory or management official within the employee's
agency having authority to take adverse personnel action against such
employee; or
F. Pursuant to the order of a court of competent jurisdiction when
required by the United States Government to defend against any
challenge against any adverse personnel action. See 42 U.S.C. 290dd,
290ee, and Public Law 100-71, Section 503(e).
Note: For all other records besides those noted above, this
system of records contains individually identifiable health
information. The Health Insurance Portability and Accountability Act
of 1996, applies to most of such health information. Department of
Defense 6025.18-R may place additional procedural requirements on
the uses and disclosures of such information beyond those found in
the Privacy Act of 1974 or mentioned in this system of records
notice. Therefore, routine uses outlined below may not apply to such
protected health information.
In addition to those disclosures generally permitted under 5 U.S.C.
[[Page 64811]]
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:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorney, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS 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 DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To the Department of Veterans Affairs for assistance in
determining the eligibility of individuals for benefits administered by
that agency, and available to the U.S. Public Health Service or the
Department of Defense medical personnel in connection with the
performance of their official duties.
I. 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:
USCG stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital media.
Retrievability:
USCG retrieves records by name, social security number, employee
identification number, command, date, and the diagnosis or
International Classification of Diseases (ICD) code.
Safeguards:
USCG safeguards records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. DHS imposes strict controls 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:
USCG transfers records to the National Personnel Records Center,
Military Personnel Records NPRC (MPRC) three years after last activity.
USCG destroys records 50 years from the date of the latest document in
the record. (AUTH: NC1-26-82-5, Item 2a2).
System Manager and address:
Commander (CG-PSC), United States Coast Guard, 4200 Wilson
Boulevard, Mail Stop 7200, Arlington, VA 20598-7200.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Commandant (CG-611), United
States Coast Guard, Mail Stop 7710, Washington, DC 20593. If an
individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act (FOIA)
Officer, Department of Homeland Security, 245 Murray Drive SW.,
Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer,
[[Page 64812]]
https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
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 the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from information in records developed through
proceedings of administrative bodies listed in ``Categories of
records'' above.
Exemptions claimed for the system:
None.
Dated: October 17, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-25909 Filed 10-30-14; 8:45 am]
BILLING CODE 9110-04-P
