4474 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

computer data are disposed of when no 

longer needed in the study, as 

determined by the system manager, and 

as provided in the signed consent form, 

as appropriate. Disposal methods 

include erasing computer tapes, burning 

or shredding paper materials or 

transferring records to the Federal 

Records Center when no longer needed 

for evaluation and analysis. Electronic 

records, if any, are maintained 

according to the provisions of the 

records control schedule for NIOSH 

electronic records, which is consistent 

with the records maintenance 

requirements for other forms of records. 

Copies of notifications to workers/ 

private physicians of needed medical 

attention and/or medical treatment are 

destroyed when no longer needed for 

administrative purposes, but may be 

retained for as long as seventy (70) 

years. Paper records are 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 Laboratory 

Studies, HHS/CDC/NIOSH.’’ 

OMB Control Number: 09–20–0154. 

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. 2010–33023 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: National Personal Protective 

Technology Laboratory (NPPTL), 

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, 09–20–0159, 

‘‘Records of Subject in Certification, 

Testing, Studies of Personal Protective 

Devices, and Accident Investigations, 

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), National 

Personal Protective Technology 

Laboratory (NPPTL). 

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 09–20–0159: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0159 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. 

09–20–0159, ‘‘Records of Subject in 

Certification, Testing, Studies of 

Personal Protective Devices, and 

Accident Investigations, HHS/CDC/ 

NIOSH.’’ The purpose of this system is 

to permit acquisition of information 

related to certification and performance 

of personal protective equipment, and 

safety research studies. 

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) 

Records of Subject in Certification, 

Testing, Studies of Personal Protective 

Devices, and Accident Investigations 

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. 09–20–0159 ‘‘Records of 

Subject in Certification, Testing, Studies 

of Personal Protective Devices, and 

Accident Investigations, 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 

permit acquisition of information 

related to certification and performance 

of personal protective equipment, and 

safety research studies. 

mstockstill on DSKH9S0YB1PROD with NOTICES2

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4475 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

301, ‘‘Research and Investigation’’ (42 

U.S.C. 241); 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. 

Portions of records (name, Social 

Security number if known, date of birth, 

and last known address) may be 

disclosed to one or more sources 

selected from those listed in Appendix 

1. This may be done to determine if the 

individual has died so that a death 

certificate can be obtained. Knowing the 

cause of death enables NIOSH to 

evaluate whether excess occupationallyrelated mortality is occurring. 

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 

litigation proceedings that NIOSH is 

authorized to request are: (1) 

Enforcement of a subpoena issued to an 

employer to provide relevant 

information; and (2) administrative 

search warrants to obtain access to 

places of employment and relevant 

information therein and related 

contempt citations against an employer 

for failure to comply with a warrant 

obtained by the Institute. 

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. 

Disclosure may be made to NIOSH 

collaborating researchers (e.g., 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 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: 

An individual may learn if a record 

exists about himself or herself by 

contacting the system manager at the 

above address. 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 subject 

individual will be granted direct access 

to a medical record if the system 

manager determines direct access is not 

likely to have adverse effect on the 

subject individual. 

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 manual files, computer cards, tapes/ 

disks and printouts, microfilm, index 

audiogram files, audiograms, and 

questionnaire forms. The records in this 

System are retrieved by name, assigned 

number, plant name, and year tested are 

some of the indices used to retrieve 

records from these systems. Other 

retrieval methods are utilized as 

individual research dictates. 

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—The NIOSH 

Local Area Network (LAN) uses security 

packages to control unauthorized access 

to the system. Attempts to gain access 

by unauthorized individuals are 

automatically recorded and reviewed on 

a daily basis. Protection for 

computerized records both on the 

mainframe and the NIOSH LAN include 

mstockstill on DSKH9S0YB1PROD with NOTICES2

4476 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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 for backup tapes. 

Additional safeguards may be built into 

the program by the system analyst as 

warranted by the sensitivity of the data. 

Implementation Guidelines: The 

safeguards outlined above are in 

accordance with 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. 

The records in this System are 

retained and disposed of in the 

following way: Records are retained and 

disposed of according to the provisions 

of the CDC Records Control Schedule 

for NIOSH records. Records are 

maintained in agency while the 

approval and certification is active, at a 

minimum for three years. Personal 

identifiers are stripped from records 

when no longer needed. 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: ‘‘Records of Subjects in 

Certification, Testing, Studies of 

Personal protective Devices, and 

Accident Investigations, HHS/CDC/ 

NIOSH.’’ 

OMB Control Number: 09–20–0159. 

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. 

Appendix I—Potential Sources for 

Determination of Health Status, Vital 

Status and/or Last Known Address 

Military records 

Appropriate State Motor Vehicle Registration 

Departments 

Appropriate State Driver’s License 

Departments 

Appropriate State Government Division of: 

Assistance Payments (Welfare), Social 

Services, Medical Services, Food Stamp 

Program, Child Support, Board of 

Corrections, Aging, Indian Affairs, 

Worker’s Compensation, Disability 

Insurance 

Retail Credit Association follow-up 

Veterans Administration files 

Appropriate employee union or association 

records 

Appropriate company pension or 

employment records 

Company group insurance records 

Appropriate State Vital Statistics Offices 

Life insurance companies 

Railroad Retirement Board 

Area nursing homes 

Area Indian Trading Posts 

Mailing List Correction Cards (U.S. Postal 

Service) 

Letters and telephone conversations with 

former employees of the same 

establishment as cohort member 

Appropriate local newspaper (obituaries) 

Social Security Administration 

Internal Revenue Service 

National Death Index 

Centers for Medicare & Medicaid Services 

Pension Benefit Guarantee Corporation 

State Disease Registries 

Commercial Telephone Directories 

[FR Doc. 2010–33024 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: Coordinating Center for Health 

Promotion, National Center for Chronic 

Disease Prevention and Health 

Promotion (NCCDPHP), 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, 09–20–0160, 

‘‘Records of Subjects in Health 

Promotion and Education Studies, HHS/ 

CDC/NCCDPHP.’’ HHS is proposing 

adding 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 Center for Chronic Disease 

Prevention and Health Promotion 

(NCCDPHP), Coordinating Center for 

Health Promotion 

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 

NCCDPHP receives comments that 

would result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0160: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0160 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: NCCDPHP 

proposes to alter System of Records, No. 

09–20–0160, ‘‘Records of Subjects in 

Health Promotion and Education 

Studies, HHS/CDC/NCCDPHP.’’ This 

record system enables the Centers for 

Disease Control and Prevention (CDC) 

officials to develop and evaluate 

existing health promotion programs for 

disease prevention and control, and to 

communicate new knowledge to the 

health community for the 

implementation of such programs. 

mstockstill on DSKH9S0YB1PROD with NOTICES2