4436 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

test to be certified to interpret X-rays 

under the Federal Mine Safety and 

Health Act of 1977. Records are also 

maintained on physicians who have 

attempted to obtain certification, but did 

not qualify. 

The Privacy Act allows us to disclose 

information without an individual’s 

consent if the information is to be used 

for a purpose that is compatible with the 

purpose(s) for which the information 

was collected. Any such compatible use 

of data is known as a ‘‘routine use’’. 

The routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

1. Disclosure may be made to a 

congressional office from the record of 

an individual in response to a verified 

inquiry from the congressional office 

made at the written request of that 

individual. 

2. The Department of Health and 

Human Services (HHS) may disclose 

information from this system of records 

to the Department of Justice or to a court 

or other tribunal, when: (a) HHS, or any 

component thereof; or (b) any HHS 

employee in his or her official capacity; 

or (c) any HHS employee in his or her 

individual capacity where the 

Department of Justice (or HHS, where it 

is authorized to do so) has agreed to 

represent the employee; or (d) the 

United States or any agency thereof 

where HHS determines that the 

litigation is likely to affect HHS or any 

of its components, is a party to litigation 

or has an interest in such litigation, and 

HHS determines that the use of such 

records by the Department of Justice, the 

court or other tribunal is relevant and 

necessary to the litigation and would 

help in the effective representation of 

the governmental party, provided, 

however, that in each case, HHS 

determines that such disclosure is 

compatible with the purpose for which 

the records were collected. 

3. Records subject to the Privacy Act 

are disclosed to private firms for data 

entry, computer systems analysis and 

computer programming services. The 

contractors promptly return data entry 

records after the contracted work is 

completed. The contractors are required 

to maintain Privacy Act safeguards. 

4. In the event of litigation initiated at 

the request of NIOSH, the Institute may 

disclose such records as it deems 

desirable or necessary to the Department 

of Justice and to the Department of 

Labor, Office of the Solicitor, where 

appropriate, to enable the Departments 

to effectively represent the Institute, 

provided such disclosure is compatible 

with the purpose for which the records 

were collected. The only types of 

litigative proceedings that NIOSH is 

authorized to request are: (1) 

Enforcement of a subpoena issued to an 

employer to provide relevant 

information; or (2) contempt citation 

against an employer for failure to 

comply with a warrant obtained by the 

Institute. 

5. Records may be disclosed to 

appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself is by contacting 

the system manager at the address 

above. Requesters in person must 

provide driver’s license or other positive 

identification. Individuals who do not 

appear in person must either: (1) Submit 

a notarized request to verify their 

identity; or (2) certify that they are the 

individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

V. Safeguards 

NIOSH has safeguards in place for 

authorized users and monitors. The 

records in this System are stored in File 

folders, microcomputer files, computer 

tapes/disks and printouts, and 

microfilm. The records are retrieved by 

their name and/or Social Security 

number, which is optional and to be 

supplied on a voluntary basis. The 

records in this System will be 

maintained in locked cabinets in locked 

rooms, 24-hour guard service in 

buildings, personnel screening and 

escorting of visitors, a limited access, 

secured computer room with fire 

extinguishers and overhead sprinkler 

system, computer terminals and 

automated records located in secured 

areas. These practices are in compliance 

with the safeguards outlined above are 

in accordance with the HHS Information 

Security Program Policy and FIPS Pub 

200, ‘‘Minimum Security Requirements 

for Federal Information and Information 

Systems.’’ Data maintained on CDC’s 

Mainframe and the NIOSH LAN are in 

compliance with OMB Circular A–130, 

Appendix III. Security is provided for 

information collection, processing, 

transmission, storage, and 

dissemination in general support 

systems and major applications. 

NIOSH or contractor employees 

involved in patenting and licensing of 

HHS inventions or in keeping records of 

inventions made by HHS contractors 

and grantees. Access is granted to only 

a limited number of physicians, 

scientists, statisticians, and designated 

support staff of the Centers for Disease 

Control and Prevention (CDC), or its 

contractors, as authorized by the system 

manager to accomplish the stated 

purposes for which the data in this 

system have been collected. Data is also 

occasionally located at contractor sites 

as studies are developed, data collected, 

and reports written. A list of contractor 

sites where individually identified data 

are currently located is available upon 

request to the system manager. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: Certifying Interpreting 

Physician File. 

OMB Control Number: 09–20–0001. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33005 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Privacy Act of 1974; Report of Modified 

or Altered System of Records 

AGENCY: Procurement and Grants Office 

(PGO), Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0055, 

‘‘Administrative Files for Research/ 

Demonstration and Training Grants, and 

Cooperative Agreements Applications, 

HHS/CDC/PGO.’’ HHS is proposing to 

add the following Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4437 

(OMB) Memoranda (M) 07–16, 

Safeguarding Against and responding to 

the Breach of Personally Identifiable 

Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

These records will be maintained by 

the Procurement and Grants Office 

(PGO). Data is also occasionally located 

at contractor sites as studies are 

developed, data collected, and reports 

written. A list of contractor sites where 

individually identified data are 

currently located is available upon 

request to the system manager. 

Data is occasionally located at grantee 

sites as studies are developed, data 

collected, and reports written. A list of 

grantee sites where individually 

identified data is currently located is 

available upon request to the system 

manager. 

DATES: Comments must be received on 

or before February 24, 2011. The 

proposed altered System of Records will 

be effective 40 days from the date 

submitted to the OMB, unless receives 

comments that would result in a 

contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0055: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0055 in the subject line of the 

message. 

• Phone: 770/488–8660 (not a tollfree number). 

• Fax: 770/488–8659. 

• Mail: HHS/CDC Senior Official for 

Privacy (SOP), Office of the Chief 

Information Security Officer (OCISO), 

4770 Buford Highway—M/S: F–35, 

Chamblee, GA 30341 

• Hand Delivery/Courier: HHS/CDC 

Senior Official for Privacy (SOP), Office 

of the Chief Information Security Officer 

(OCISO), 4770 Buford Highway—M/S: 

F–35, Chamblee, GA 30341 

• Comments received will be 

available for inspection and copying at 

this same address from 9 a.m. to 3 p.m., 

Monday through Friday, Federal 

holidays excepted. 

SUPPLEMENTARY INFORMATION: PGO 

proposes to alter System of Records, No. 

09–20–0055, ‘‘Administrative Files for 

Research/Demonstration and Training 

Grants, and Cooperative Agreements 

Applications, HHS/CDC/PGO.’’ The 

purpose of this system is to review grant 

applications for research and training 

and to administer funded grants. This 

information is provided to the National 

Institutes of Health and to components 

of the Centers for Disease Control and 

Prevention (CDC) including NIOSH for 

review. 

This System of Record Notice is being 

altered to add the Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

(OMB) memorandum dated May 22, 

2007. 

The following notice is written in the 

present tense, rather than the future 

tense, in order to avoid the unnecessary 

expenditure of public funds to republish 

the notice after the System has become 

effective. 

Dated: December 11, 2009. 

James D. Seligman, 

Chief Information Officer, Centers for Disease 

Control and Prevention. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on December 27, 2010. 

Department of Health and Human 

Services (HHS) 

Centers for Disease Control and 

Prevention (CDC) 

Procurement and Grants Office (PGO) 

Administrative Files For Research/ 

Demonstration and Training Grants, 

and Cooperative Agreements 

Applications—Report of Modified or 

Altered System of Records 

Narrative Statement 

I. Background and Purpose of the 

System 

A. Background 

The Department of Health and Human 

Services proposes to alter System of 

Records, 09–20–0055, ‘‘Administrative 

Files for Research/Demonstration and 

Training Grants, and Cooperative 

Agreements Applications, HHS/CDC/ 

PGO.’’ HHS is proposing to add the 

following Breach Response Routine Use 

Language to comply with the Office of 

Management and Budget (OMB) 

Memoranda (M) 07–16, Safeguarding 

Against and responding to the Breach of 

Personally Identifiable Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

B. Purpose 

The purpose of this system is to 

review grant applications for research 

and training and to administer funded 

grants. This information is provided to 

the National Institutes of Health and to 

components of the Centers for Disease 

Control and Prevention (CDC) including 

NIOSH for review. 

II. Authority for Maintenance of the 

System 

The statutory authority for this system 

is given under the Occupational Safety 

and Health Act, Section 20, Research 

and Related Activities and Section 21, 

‘‘Training and Employee Education’’ (29 

U.S.C. 669, 670), and Notification of 

Breach Routine Use Language to comply 

with the Office of Management and 

Budget (OMB) Memoranda (M) 07–16, 

Safeguarding Against and responding to 

the Breach of Personally Identifiable 

Information. 

III. Proposed Routine Use Disclosures 

of Data in the System 

A. The Privacy Act allows us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such compatible use of data is 

known as a ‘‘routine use’’. The routine 

uses proposed for this System are 

compatible with the stated purpose of 

the System: 

1. Referrals may be made of 

assignments of research investigators 

and project monitors on specific 

research projects to the National 

Technical Information Service (NTIS), 

Depart of Commerce, to contribute to 

the Smithsonian Science Information 

Exchange. 

2. To the cognizant audit agency for 

auditing. 

3. The Department of Health and 

Human Services (HHS) may disclose 

information from this system of records 

to the Department of Justice or to a court 

or other tribunal, when: (a) HHS, or any 

component thereof; or (b) any HHS 

employee in his or her official capacity; 

or (c) any HHS employee in his or her 

individual capacity where the 

Department of Justice (or HHS, where it 

is authorized to do so) has agreed to 

represent the employee; or (d) the 

United States or any agency thereof 

where HHS determines that the 

litigation is likely to affect HHS or any 

of its components, is a party to litigation 

or has an interest in such litigation, and 

HHS determines that the use of such 

records by the Department of Justice, the 

court or other tribunal is relevant and 

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4438 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

necessary to the litigation and would 

help in the effective representation of 

the governmental party, provided, 

however, that in each case, HHS 

determines that such disclosure is 

compatible with the purpose for which 

the records were collected. 

4. Disclosure may be made to a 

congressional office from the record of 

an individual in response to a verified 

inquiry from the congressional office 

made at the written request of that 

individual. 

5. To qualified experts not within the 

definition of Department employees as 

prescribed in Department regulations for 

opinions as a part of the application 

review process. 

6. To a Federal agency, in response to 

its request, in connection with the 

letting of a contract, or the issuance of 

a license, grant, cooperative agreement, 

or other benefit by the requesting 

agency, to the extent that the record is 

relevant and necessary to the requesting 

agency’s decision on the matter. 

7. To individuals and organizations 

deemed qualified by PHS to carry out 

specific research related to the review 

and award processes of PHS. 

8. To the grantee institution relative to 

performance or administration under 

the terms and conditions of the award. 

9. Records subject to the Privacy Act 

are disclosed to private firms for data 

entry, computer systems analysis and 

computer programming services. The 

contractors promptly return data entry 

records after the contracted work is 

completed. The contractors are required 

to maintain Privacy Act safeguards. 

10. To appropriate federal agencies 

and Department contractors that have a 

need to know the information for the 

purpose of assisting the Department’s 

efforts to respond to a suspected or 

confirmed breach of the security or 

confidentiality of information disclosed 

is relevant and necessary for that 

assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself is by contacting 

the system manager at the address 

above. Requesters in person must 

provide driver’s license or other positive 

identification. Individuals who do not 

appear in person must either: (1) Submit 

a notarized request to verify their 

identity; or (2) certify that they are the 

individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

V. Safeguards 

The records in this System are stored 

in File folders. The records in this 

System will be maintained in Locked 

cabinets in locked rooms, electronic 

anti-intrusion devices in operation at 

the Federal Records Center, 24-hour 

guard service in buildings, personnel 

screening of visitors. The records can 

only be accessed by authorized users, 

access is granted to only a limited 

number of physicians, scientists, 

statisticians, and designated support 

staff of the Centers for Disease Control 

and Prevention (CDC), as authorized by 

the system manager to accomplish the 

stated purposes for which the data in 

this system have been collected. These 

practices are in compliance with, 

Chapter 45–13, ‘‘Safeguarding Records 

Contained in Systems of Records,’’ of the 

HHS General Administration Manual. 

FRC safeguards are in compliance with 

GSA Federal Property Management 

Regulations, Subchapter B—Archives 

and Records. Procedural safeguards are 

in place and users of individually 

identified data protect information from 

public scrutiny, and only specifically 

authorized personnel may be admitted 

to the record storage area. CDC 

employees who maintain records are 

instructed to check with the system 

manager prior to making disclosures of 

data. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: Administrative Files for 

Research/Demonstration and Training 

Grants, and Cooperative Agreements 

Applications, HHS/CDC/PGO. 

OMB Control Number: 09–20–0055. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33006 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Privacy Act of 1974; Report of Modified 

or Altered System of Records 

AGENCY: Divisions of Tuberculosis 

Elimination, National Center for HIV, 

STD and TB Prevention (NCHSTP), 

Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0089, 

‘‘Studies of Treatment of Tuberculosis 

and other Mycobacterioses HHS/CDC/ 

NCHSTP.’’ HHS is proposing to add the 

following Breach Response Routine Use 

Language to comply with the Office of 

Management and Budget (OMB) 

Memoranda (M) 07–16, Safeguarding 

Against and responding to the Breach of 

Personally Identifiable Information: 

To appropriate Federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

These records will be maintained by 

the Division of Tuberculosis 

Elimination, National Center for HIV, 

STD and TB Prevention (NCHSTP). 

DATES: Comments must be received on 

or before February 24, 2011. The 

proposed altered System of Records will 

be effective 40 days from the date 

submitted to the OMB, unless NCHSTP 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Records Number 09–20–0089: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0089 in the subject line of the 

message. 

• Phone: 770/488–8660 (not a tollfree number). 

• Fax: 770/488–8659. 

• Mail: HHS/CDC Senior Official for 

Privacy (SOP), Office of the Chief 

Information Security Officer (OCISO), 

4770 Buford Highway—M/S: F–35, 

Chamblee, GA 30341. 

• Hand Delivery/Courier: HHS/CDC 

Senior Official for Privacy (SOP), Office 

of the Chief Information Security Officer 

mstockstill on DSKH9S0YB1PROD with NOTICES2