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

Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4477 

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 Center for Chronic Disease 

Prevention and Health Promotion 

(NCCDPHP) 

Records of Subjects in Health 

Promotion and Educational 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. 09–20–0160 ‘‘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.’’ 

B. Purpose 

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. 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

301, ‘‘Research and Investigation’’ (42 

U.S.C. 241). 

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 CDC 

contractors in the conduct of research 

studies covered by this system notice 

and in the preparation of scientific 

reports, in order to accomplish the 

stated purpose of the system. The 

recipients will be required to maintain 

Privacy Act safeguards with respect to 

such records. 

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 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. 

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 computer tapes/disks, CD ROMs, and 

file folders. The records in this System 

are retrieved by the name of individual, 

identification number; school name and 

year tested are some of the indices used 

to retrieve records from this system. 

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 researchers 

and designated support staff of CDC or 

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4478 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

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—Access to the 

CDC Clifton Road facility where the 

mainframe computer is located is 

controlled by a cardkey system. Access 

to the computer room is controlled by 

a cardkey and security code (numeric 

keypad) system. The hard copy records 

are kept in locked cabinets in locked 

rooms. The local fire department is 

located directly next door to the Clifton 

Road facility. The computer room is 

protected by an automatic sprinkler 

system, numerous automatic sensors 

(e.g., water, heat, smoke, etc.) are 

installed, and a proper mix of portable 

fire extinguishers is located throughout 

the computer room. The system is 

backed up on a nightly basis with copies 

of the files stored off site in a secure 

fireproof safe. Security guard service in 

buildings provides personnel screening 

of visitors. Computer work stations and 

automated records are located in 

secured areas. 

Procedural Safeguards—Protection 

for computerized records both on the 

mainframe and the National Center 

Local Area Network (LAN) includes 

programmed verification of valid user 

identification code and password prior 

to logging on to the system, mandatory 

password changes, encryption, 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 offsite storage for backup tapes. When 

Privacy Act tapes are scratched, a 

special process is performed in which 

tapes are completely written over to 

avoid inadvertent data disclosure. 

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 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 National Center 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 in accordance with the CDC 

Records Control Schedule. Records are 

maintained in agency for two years. 

Source documents for computer 

disposed of when no longer needed by 

program officials. Personal identifiers 

may be deleted from records 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. 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 

Health Promotion and Education 

Studies, HHS/CDC/NCCDPHP.’’ 

OMB Control Number: 09–20–0160. 

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. 2010–33025 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 Center for HIV, STD 

and TB Prevention (NCHSTP), 

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, 09–20–0161, 

‘‘Records of Health Professionals in 

Disease Prevention and Control Training 

Programs, 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 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 

Record Number 09–20–0161: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0161 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES2