60888 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices 

into a Memorandum of Agreement with 

the selected SLTT government agencies 

to clarify roles and responsibilities. 

Selected SLTT government agencies 

must work cooperatively with DHS 

OHA CDP with all phases of the 

demonstration project. Expected 

activities include (a) participation in all 

planning meetings on site or via 

teleconference; (b) establish formal 

relationships with selected venues’ 

owners and operators in order for DHS 

OHA CDP or its designated performers 

to have access to all outdoor and indoor 

spaces; (c) review and provide technical 

input on any developed guidance 

documents and plans by DHS OHA CDP 

or its performers within assigned 

deadlines and (e) serve as a community 

conduit with key stakeholders within 

the selected cities in order to gain input 

in the demonstration projects (e.g. 

emergency medical services, fire/

hazmat, hospitals, public health). There 

are no funds given to the selected SLTT 

government agencies or venues as part 

of these demonstration projects, 

including funds for purchase of 

equipment. 

Authority: Pub. L. 112–74, Pub. L. 133–6. 

Dated: September 25, 2013. 

Mark A. Kirk, 

Director, Chemical Defense Program. 

[FR Doc. 2013–23984 Filed 10–1–13; 8:45 am] 

BILLING CODE 9110–9K–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2013–0063] 

Privacy Act of 1974; Department of 

Homeland Security/ALL–036 Board for 

Correction of Military Records System 

of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

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, 

reissue, and combine two legacy system 

of records notices titled, ‘‘Department of 

Transportation/Office of the Secretary of 

Transportation—004 Board for 

Correction of Military Records (BCMR) 

System of Records’’ and ‘‘Department of 

Transportation/Office of the Secretary of 

Transportation—059 Files of the Board 

for Correction of Military Records, 

BCMR, for the Coast Guard System of 

Records.’’ This updated system of 

records allows the Department of 

Homeland Security to collect and 

maintain records submitted by 

individuals who have filed applications 

for relief before the Board for Correction 

of Military Records (BCMR), records 

used by the Chair, the BCMR staff, the 

Board, and, in some cases, the General 

Counsel in determining whether to grant 

relief to applicants, and the final 

decisions or documentation of other 

actions taken in individual BCMR cases. 

Additionally, this notice includes nonsubstantive changes to simplify the 

formatting and text of the previously 

published notices. This newly updated 

system will be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

November 1, 2013. This updated system 

will be effective November 1, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2013–0063 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–343–4010. 

• Mail: Jonathan R. Cantor, Acting 

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 http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, please visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general and privacy questions, please 

contact: Jonathan R. Cantor, (202) 343– 

1717, Acting 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) proposes to 

update, combine, and reissue the 

following legacy record systems: 

Department of Transportation (DOT)/

Office of the Secretary of Transportation 

(OST) 004 Board for Correction of 

Military Records (BCMR) System of 

Records, 65 FR 19551—(April 11, 2000); 

and DOT/OST 059—Files for the Board 

for Correction of Military Records 

System, BCMR, for the Coast Guard, 65 

FR 19557 (April 11, 2000) as a new 

Department of Homeland Security 

system of records notice titled, DHS/

ALL—036 Board for Correction of 

Military Records System of Records. 

This new SORN is being published by 

the Department of Homeland Security 

since the U.S. Coast Guard (USCG) was 

moved from the Department of 

Transportation to the Department of 

Homeland Security. Under 10 U.S.C. 

1552, the Board for Correction of 

Military Records (BCMR) is a board of 

civilians within the U.S. Department of 

Homeland Security, Office of the 

General Counsel, which has authority 

under 10 U.S.C. 1552, to review and 

correct the personnel records of current 

and former members of the USCG and 

USCG Reserve. This system of records 

notice allows the Department to collect 

and maintain records submitted and 

created during the BMCR process. 

The BCMR is a forum that allows 

current and former USCG military 

personnel or their authorized 

representatives to apply for correction of 

their military personnel records. In 

order to determine whether the 

requested correction should be made, 

the BCMR receives, reviews, and stores 

applications, arguments, and evidence 

submitted by applicants and their 

representatives as well as copies of 

applicants’ military and, if applicable, 

medical records. The BCMR also 

receives, reviews, and stores advisory 

opinions and evidence submitted by the 

USCG for each case; copies of applicable 

investigations; and correspondence 

related to the applications. The BCMR 

retains copies of the decisions issued. 

The records in this system are used by 

the Chair’s staff and members of the 

Board in determining whether to grant 

relief to applicants; by the General 

Counsel and his or her staff in deciding 

whether to approve, disapprove, or 

remand the decisions of the Board. The 

records are also used by the Coast Guard 

in preparing its advisory opinions to the 

Board concerning pending cases and in 

implementing the Board’s orders. 

This new 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 


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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices 60889 

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/ 

ALL—036 Board for Correction of 

Military Records 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)/ALL—036. 

SYSTEM NAME: 

DHS/ALL—036 Board for Correction 

of Military Records System of Records. 

SECURITY CLASSIFICATION: 

Unclassified, Sensitive. 

SYSTEM LOCATION: 

Records are maintained at the DHS 

Headquarters in Washington, DC. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former members of the 

USCG and USCG Reserve who have 

filed applications for relief before the 

Board, or their representatives; civilian 

employees of DHS serving as the Chair; 

members of the BCMR; or the staff of the 

BCMR. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

• Name, rank, and service number or 

social security number (SSN) of the 

applicant and the name of his/her 

representative, if any; 

• Phone numbers, mailing, and email 

addresses of the applicant and his/her 

representative, if any; 

• Application for Correction of 

Military Record (DD Form 149) and all 

written arguments and evidence 

submitted by or on behalf of the 

applicant; 

• Docket number and type of 

application; 

• Copies of documents maintained by 

the Coast Guard in the applicant’s 

Personnel Data Record, such as 

performance evaluations, medal 

citations, written counseling, 

disciplinary records, discharge papers, 

and other military records relevant to 

the requested correction; 

• Copies of the applicant’s medical 

records, if applicable to the requested 

correction, from the Coast Guard and 

Department of Veterans Affairs; 

• Copies of applicable investigations; 

• Advisory opinions of the Coast 

Guard, including any attached 

documentary evidence or affidavits; 

• Transcripts of any hearing held by 

the Board; 

• Decisional documents of the Board 

and of the General Counsel acting under 

delegated authority to approve, 

disapprove, or remand the decision of 

the Board; 

• Coast Guard requests for 

amendment or clarification of Board 

decisions and the Board’s decisions in 

response to such requests; 

• Copies of court decisions related to 

the application; and 

• Correspondence between the Chair 

or staff and the applicant, the 

applicant’s representative or 

congressional representative, or the 

Coast Guard concerning an application. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

10 U.S.C. § 1552. 

PURPOSE(S): 

The purpose of the BCMR system of 

records is to allow current and former 

USCG military personnel, or their 

authorized representatives, to submit 

applications to the BCMR for correction 

of their military records; to allow the 

Chair, members of the Board, and staff 

to review the records before deciding 

whether the requested corrections are 

warranted; to allow the General Counsel 

and his or her staff to review the records 

before deciding whether to approve, 

disapprove, or remand the Board’s 

decisions; and to allow the Coast Guard 

to review the records before deciding 

whether to recommend that the Board 

grant or deny relief in each case and to 

implement the Board’s orders. The 

system stores the complete record of 

each proceeding, including the decision 

issued or other final disposition made. 

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: 

A. To the Department of Justice (DOJ), 

including U.S. Attorney Offices, 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 


tkelley on DSK3SPTVN1PROD with NOTICES
60890 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices 

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 (DVA) when the BCMR 

determines it has the need for an 

applicant’s medical records possessed 

by the DVA. DHS requests medical 

records from DVA using an applicant’s 

name and social security number. 

I. To courts, magistrates, 

administrative tribunals, opposing 

counsel, parties, and witnesses, in the 

course of civil, or criminal, or 

administrative proceedings (including 

discovery, presentation of evidence, and 

settlement negotiations) when DHS 

determines that use of such records is 

relevant and necessary to the litigation 

before a court or adjudicative body and 

any of the following is a party to or has 

an interest in the litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS in his/her 

official capacity; 

3. Any employee of DHS in his/her 

individual capacity when the 

government has agreed to represent the 

employee; or 

4. The United States, when DHS 

determines that litigation is likely to 

affect DHS or any of its components. 

J. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records may be stored 

on magnetic disc, tape, digital media. 

RETRIEVABILITY: 

Records may be retrieved individually 

by name in alphabetical sequence or by 

docket number. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

Files are kept in the Office of the 

General Counsel. 

RETENTION AND DISPOSAL: 

Records are retained locally for three 

years, after which records are then sent 

to NARA and destroyed after 40 years. 

SYSTEM MANAGER AND ADDRESS: 

Chair, Board for Correction of Military 

Records, Office the General Counsel, 

Mail Stop #0485, 245 Murray Drive SW., 

Washington, DC 20518. 

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 Chief Privacy 

Officer and Chief Freedom of 

Information Act Officer whose contact 

information can be found at http://

www.dhs.gov/foia under ‘‘Contacts.’’ If 

an individual believes more than one 

component maintains Privacy Act 

records concerning him or her, the 

individual may also submit the request 

to the Chief Privacy Officer and Chief 

Freedom of Information Act 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, 

http://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. 

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 

Department 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 the 

individual, his or her official military 

personnel file, other USCG records/

reports, or the United States Department 

of Veterans Affairs. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 11, 2013. 

Jonathan R. Cantor, 

Acting Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–23991 Filed 10–1–13; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2013–0833] 

Towing Safety Advisory Committee; 

Vacancies 

AGENCY: Coast Guard. 

ACTION: Request for applications. 

SUMMARY: The Coast Guard seeks 

applications for membership on the 

Towing Safety Advisory Committee 

(TSAC). This Committee advises the 

Secretary of the Department of 

Homeland Security on matters relating 


tkelley on DSK3SPTVN1PROD with NOTICES