4454 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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 routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself 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. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. 

A parent or guardian who requests 

notification of, or access to, a child’s 

medical record shall designate a family 

physician or other health professional 

(other than a family member) to whom 

the record, if any, will be sent. The 

parent or guardian must verify 

relationship to the child by means of a 

birth certificate or court order, as well 

as verify that he or she is who he or she 

claims to be. 

The following information must be 

provided when requesting notification: 

(1) Full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

V. Safeguards 

The records in this System are stored 

in file folders. Service fellow personnel 

data is also maintained in an automated 

database. The records in this System are 

retrieved by the name of the individual, 

fellow, or guest researcher. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to Authorized users, physical 

and procedural safeguards: 

Authorized users—A database 

security package is implemented on 

CDC’s mainframe computer to control 

unauthorized access to the system. 

Attempts to gain access by unauthorized 

individuals are automatically recorded 

and reviewed on a regular basis. 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. 

Physical Safeguards—A database 

security package is implemented on 

CDC’s mainframe computer to control 

unauthorized access to the system. 

Attempts to gain access by unauthorized 

individuals are automatically recorded 

and reviewed on a regular basis. 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. 

Procedural Safeguards—Protection 

for computerized records both on the 

mainframe and the National Centers’ 

Local Area Networks (LAN)s includes 

programmed verification of valid user 

identification code and password prior 

to logging on to the system, mandatory 

password changes, limited log-ins, virus 

protection, and user rights/file attribute 

restrictions. Password protection 

imposes user name and password log-in 

requirements to prevent unauthorized 

access. Each user name is assigned 

limited access rights to files and 

directories at varying levels to control 

file sharing. There are routine daily 

backup procedures and secure off-site 

storage is available. To avoid 

inadvertent data disclosure, ‘‘an 

additional procedure’’ is performed to 

ensure that all data are removed from 

Privacy Act computer tapes and/or other 

magnetic media. Additional safeguards 

may be built into the program by the 

system analyst as warranted by the 

sensitivity of the data. 

CDC and contractor employees who 

maintain records are instructed to check 

with the system manager prior to 

making disclosures of data. When 

individually identified data are being 

used in a room, admittance at either 

CDC or contractor sites is restricted to 

specifically authorized personnel. 

Privacy Act provisions are included in 

contracts, and the CDC Project Director, 

contract officers and project officers 

oversee compliance with these 

requirements. Upon completion of the 

contract, all data will be either returned 

to CDC or destroyed, as specified by the 

contract. 

Implementation Guidelines: The 

safeguards outlined above 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 National Centers’ 

LANs 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. 

The records in this System are 

retained and disposed of in the 

following way: Records are retained and 

disposed of in accordance with the CDC 

Records Control Schedule. Records are 

maintained in agency for four years. 

Disposal methods include erasing 

computer media, burning or shredding 

paper materials or transferring records 

to the Federal Records Center when no 

longer needed for evaluation and 

analysis. Records destroyed by paper 

recycling process when 20 years old, 

unless needed for further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Epidemic Investigation 

Case Records, HHS/CDC/NCID.’’ 

OMB Control Number: 09–20–0113. 

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. 2010–33014 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: Division of Applied Research 

and Technology (DART), National 

Institute for Occupational Safety and 

Health (NIOSH), Centers for Disease 

Control and Prevention (CDC), 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4455 

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, 09–20–0117, 

‘‘Medical and Test Record Results of 

Individuals Involved in NIOSH 

Laboratory Studies, HHS/CDC/NIOSH.’’ 

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 National Institute for Occupational 

Safety and Health (NIOSH). 

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 NIOSH 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0117: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0117 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: NIOSH 

proposes to alter System of Records, No. 

09–20–0117, ‘‘Medical and Test Record 

Results of Individuals Involved in 

NIOSH Laboratory Studies, HHS/CDC/ 

NIOSH.’’ The purpose of this system is 

to develop composite data summaries to 

support the development of criteria for 

occupational safety and health 

standards, and to provide other 

recommendations for improving worker 

safety and health. 

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) 

National Institute for Occupational 

Safety and Health (NIOSH) 

Medical and Test Record Results of 

Individuals Involved in NIOSH 

Laboratory Studies—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, No. 09–20–0117 ‘‘Medical and 

Test Record Results of Individuals 

Involved in NIOSH Laboratory Studies, 

HHS/CDC/NIOSH.’’ 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 

develop composite data summaries to 

support the development of criteria for 

occupational safety and health 

standards, and to provide other 

recommendations for improving worker 

safety and health. 

II. Authority for Maintenance of the 

System 

Occupational Safety and Health Act, 

Section 20, ‘‘Research and Related 

Activities’’ (29 U.S.C. 669); and the 

Federal Mine Safety and Health Act of 

1977, Section 501, ‘‘Research’’ (30 U.S.C. 

951). 

III. Proposed Routine Use Disclosures 

of Data in the System 

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: 

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. 

In the event of litigation where the 

defendant is: (a) the Department, any 

component of the Department, or any 

employee of the Department in his or 

her official capacity; (b) the United 

States where the Department determines 

that the claim, if successful, is likely to 

directly affect the operations of the 

Department or any of its components; or 

(c) any Department employee in his or 

her individual capacity where the 

Department of Justice has agreed to 

represent such employee, for example, 

in defending a claim against the Public 

Health Service based upon an 

individual’s mental or physical 

condition and alleged to have arisen 

because of activities of the Public Health 

Service in connection with such 

individual, disclosure may be made to 

the Department of Justice to enable that 

Department to present an effective 

defense, provided that such disclosure 

is compatible with the purpose for 

which the records were collected. 

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. 

In the event of litigation initiated at 

the request of NIOSH, the Institute may 

disclose such records as it deems 

mstockstill on DSKH9S0YB1PROD with NOTICES2

4456 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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. 

Disclosure may be made to NIOSH 

collaborating researchers (NIOSH 

contractors, grantees, cooperative 

agreement holders, or other Federal or 

State scientists) in order to accomplish 

the research purpose for which the 

records are collected. The collaborating 

researchers must agree in writing to 

comply with the confidentiality 

provisions of the Privacy Act and 

NIOSH must have determined that the 

researchers’ data security procedures 

will protect confidentiality. 

Records may be disclosed by CDC in 

connection with public health activities 

to the Social Security Administration 

for sources of locating information to 

accomplish the research or program 

purposes for which the records were 

collected. 

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 routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself 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. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. 

The following information must be 

provided when requesting notification: 

(1) full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

V. Safeguards 

The records in this System are stored 

in file folders. Service fellow personnel 

data is also maintained in an automated 

database. The records in this System are 

retrieved by the name of the individual, 

fellow, or guest researcher. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to Authorized users, physical 

and procedural safeguards: 

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. 

Physical Safeguards—Locked cabinets 

in locked rooms, electronic antiintrusion devices in operation at the 

Federal Records Center, security guard 

service in buildings, personnel 

screening of visitors. 

Procedural Safeguards—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. 

Implementation Guidelines: The 

safeguards outlined above in accordance 

with the Chapter 45–13, ‘‘Safeguarding 

Records Contained in Systems of 

Records,’’ of the HHS General 

Administration Manual. 

The records in this System are 

retained and disposed of in the 

following way: Personal identifiers are 

destroyed as soon as they are no longer 

necessary for the protection of the 

individuals involved. Records are 

maintained in agency for three years. 

Records are maintained according to the 

provisions of the CDC Records Control 

Schedule for NIOSH records. Disposal 

methods include burning or shredding 

paper materials or transferring records 

to the Federal Records Center when no 

longer needed for evaluation and 

analysis. Records destroyed by paper 

recycling process when 20 years old, 

unless needed for further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Medical and Test 

Record Results of Individuals Involved 

in NIOSH Laboratory Studies, HHS/ 

CDC/NIOSH.’’ 

OMB Control Number: 09–20–0117. 

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. 2010–33015 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: Division of Applied Research 

and Technology (DART), National 

Institute for Occupational Safety and 

Health (NIOSH), 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, 09–20–0118, ‘‘Study 

at Work Sites Where Agents Suspected 

of Being Occupational Hazards Exist, 

HHS/CDC/NIOSH.’’ 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 

mstockstill on DSKH9S0YB1PROD with NOTICES2