Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4435 

In addition, the following information 

should be provided when requesting 

notification: (1) Full name and Social 

Security number; and (2) nature of the 

study, or probable exposure or disease 

subregistry which might include the 

requester. 

RECORD ACCESS PROCEDURE: 

Same as the 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. 

CONTESTING RECORD PROCEDURE (REDRESS): 

Contact the system manager at the 

address specified above, reasonably 

identify the record and specify the 

information being contested, the 

corrective action sought, and the 

reasons for requesting the correction, 

along with supporting information to 

show how the record is inaccurate, 

incomplete, untimely, or irrelevant. 

RECORD SOURCE CATEGORIES: 

Subject individuals, families of 

deceased individuals, concerned 

citizens associated with a particular site, 

State and local health departments, 

physicians’ records, hospital records, 

Social Security Administration, 

Environmental Protection Agency and 

other agencies responsible for 

environmental public health. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 2010–33004 Filed 1–24–11; 8:45 am] 

BILLING CODE 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: 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, 09–20–0001, 

‘‘Certifying Interpreting Physician File, 

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 Division of Respiratory Disease 

Studies (DRDS), 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 09–20–0001: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0001 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. 

09–20–0001, ‘‘Certifying Interpreting 

Physician File, HHS/CDC/NIOSH.’’ The 

main purpose is to certify physicians as 

qualified to interpret X-rays using the 

ILO system of classification for 

pneumoconiosis. 

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 Institue for Occupational 

Safety and Health (NIOSH) 

Certifying Interpreting Physician File— 

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, 09–20–0001, ‘‘Certifying 

Interpreting Physician File, 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 main purpose of this system is 

certify physicians as qualified to 

interpret X-rays using the ILO system of 

classification for pneumoconiosis. 

II. Authority for Maintenance of the 

System 

The statutory authority for this system 

is given under the Federal Mine Safety 

and Health Act of 1977, Sections 203, 

‘‘Medical Examinations’’ and 501, 

‘‘Research’’ (30 U.S.C. 843, 951). 

III. Proposed Routine Use Disclosures 

of Data in the System 

This System of Records contains 

information such as Name, address, and 

phone number supplied to coal 

operators and X-ray facilities so that 

they may contact physicians to do work 

for them. Physicians who have taken the 

mstockstill on DSKH9S0YB1PROD with NOTICES2

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