Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53585 

standard in 49 CFR 391.41(b)(3), subject 

to the conditions listed under 

‘‘Conditions and Requirements’’ above. 

In accordance with 49 U.S.C. 31136(e) 

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if: (1) The person fails to comply with 

the terms and conditions of the 

exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315. If the exemption is still effective 

at the end of the 2-year period, the 

person may apply to FMCSA for a 

renewal under procedures in effect at 

that time. 

Issued on: October 6, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–25101 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment to 

Systems of Records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending four 

existing systems of records 07VA138, 

‘‘Department of Medicine and Surgery 

Engineering Employee Management 

Information Records-VA’’; 20VA138, 

‘‘Motor Vehicle Operator Accident 

Records-VA’’; 28VA119, ‘‘Personnel 

Registration Under Controlled 

Substance Act-VA and 33VA113, 

‘‘National Prosthetics Patient DatabaseVA’’ to: Add a routine use related to the 

release of information from VA to the 

Department of Justice (DoJ); add a 

routine use related to releasing 

information to entities with whom VA 

has a contract or subcontract; add a 

routine use related to releasing 

information to agencies in the event of 

fraud or abuse; add a routine use related 

to disclosing information when there is 

a risk of embarrassment or harm to the 

reputations of the record subjects; add a 

routine use when a violation of law is 

suspected; and add a routine use related 

to releasing information for litigation. In 

20VA138 existing routine use number 

three will be replaced with a new 

routine use which discloses information 

related to suspected or reasonably 

imminent violation of the law. In 

addition, routine uses four through 

seven will be renumbered as three 

through six. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than November 18, 2009. If no 

public comment is received, the 

amended system will become effective 

November 18, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulation.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulation.gov. 

FOR FURTHER INFORMATION CONTACT: 

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420; telephone (704) 

245–2492. 

SUPPLEMENTARY INFORMATION: VA 

provides health care services to many of 

America’s Veterans through the 

Veterans Health Administration. During 

the course of providing health care, 

VHA collects medical and health 

information on Veterans. In order to 

protect Veteran’s medical or health 

information VHA is adding six routine 

uses to four existing systems of records 

(07VA138, 20VA138, 28VA119 and 

33VA113). 

Additional Routine Uses 

The first routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 would permit VA to disclose 

information from these system of 

records to the Department of Justice 

(DoJ), either on VA’s initiative or in 

response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may also disclose 

records in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

According to VA leadership this 

mandatory new routine use is added to 

comply to new Federal policy and 

guidelines. 

The second routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA to disclosure 

relevant information made to 

individuals, organizations, private or 

public agencies, or other entities with 

whom VA has a contract or agreement 

or where there is a subcontract to 

perform such services as VA may deem 

practicable for the purposes of laws 

administered by VA, in order for the 

contractor or subcontractor to perform 

the services of the contract or 

agreement. 

According to VA leadership this 

mandatory new routine use is added to 

comply to new Federal policy and 

guidelines. 

The third routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA to disclosure to 

other Federal agencies may be made to 

assist such agencies in preventing and 

detecting possible fraud or abuse by 

individuals in their operations and 

programs. 

The routine use added to these four 

systems of records would permit VA to 

disclose information in its files in the 

event of fraud or abuse. 

The fourth routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA, on its own 

initiative, to disclose any information or 

records to appropriate agencies, entities, 

and persons when (1) VA suspects or 

has confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 


sroberts on DSKD5P82C1PROD with NOTICES
53586 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

The fifth routine use added to 

07VA138, 20VA138, and 28VA119 

allows VA to disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, state, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

According to VA leadership this 

mandatory new routine use is added to 

comply to new Federal policy and 

guidelines. 

The sixth routine use added to 

07VA138, 20VA138, 28VA119 and 

33VA113 allows VA to disclose 

information to another federal agency, 

court, or party in litigation before a 

court or other administrative 

proceedings conduced by an agency, if 

VA is a party to the proceeding and 

needs to disclose the information to 

protect its interests. 

The routine use added to these four 

system of records would allow VA to 

disclose information in discovery 

during litigation. 

The Report of Intent to Amend a 

System on Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: September 25, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

Notice of Amendment of Systems of 

Records 

1. In the system identified as 

07VA138, ‘‘Department of Medicine and 

Surgery Engineering Employee 

Management Information Records-VA’’, 

as set forth in the Privacy Act Issuances, 

1980 Compilation, Volume V and last 

amended in the 21 Appendix B–6 (Oct. 

17, 1984). Six new routine uses are 

added as follows: 

07VA138 

SYSTEM NAME: 

Department of Medicine and Surgery 

Engineering Employee Management 

Information Records-VA. 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

* * * * * 

7. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

8. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

9. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

10. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

11. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, state, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

12. VA may, on its own initiative, 

disclose information to another federal 

agency, court, or party in litigation 

before a court or other administrative 

proceedings conduced by an agency, if 

VA is a party to the proceeding and 

needs to disclose the information to 

protect its interests. 

2. In the system identified as 

20VA138, ‘‘Motor Vehicle Operator 

Accident Records–VA’’, as set forth in 

the Privacy Act Issuances, 1980 


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Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53587 

Compilation, Volume V and last 

amended in the 21 Appendix B–6 (Oct. 

17, 1984). Six new routine uses are 

added as follows: 

20VA138 

SYSTEM NAME: 

Motor Vehicle Operator Accident 

Records–VA. 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

* * * * * 

7. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

8. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

9. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

10. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

11. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, state, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

12. VA may, on its own initiative, 

disclose information to another federal 

agency, court, or party in litigation 

before a court or other administrative 

proceedings conduced by an agency, if 

VA is a party to the proceeding and 

needs to disclose the information to 

protect its interests. 

3. In the system identified as 

28VA119, ‘‘Personnel Registration 

Under Controlled Substance Act–VA’’, 

as set forth in the Federal Register 58 

FR 40852, and last amended in July 30, 

1993. Six new routine uses are added as 

follows: 

28VA119 

SYSTEM NAME: 

Personnel Registration Under 

Controlled Substances Act-VA. 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

* * * * * 

9. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

10. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

11. Disclosure to other Federal 

agencies may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

12. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 


sroberts on DSKD5P82C1PROD with NOTICES
53588 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

13. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, state, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

14. VA may, on its own initiative, 

disclose information to another federal 

agency, court, or party in litigation 

before a court or other administrative 

proceedings conduced by an agency, if 

VA is a party to the proceeding and 

needs to disclose the information to 

protect its interests. 

4. In the system identified as 

33VA113, ‘‘National Prosthetics Patient 

Database-VA’’, as set forth in the 

Federal Register 79 FR 3980, and last 

amended in Jan. 27, 2005. Five new 

routine uses are added as follows 

33VA113 

SYSTEM NAME: 

National Prosthetics Patient DatabaseVA. 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

* * * * * 

6. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

7. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

8. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

9. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

10. VA may, on its own initiative, 

disclose information to another federal 

agency, court, or party in litigation 

before a court or other administrative 

proceedings conduced by an agency, if 

VA is a party to the proceeding and 

needs to disclose the information to 

protect its interests. 

[FR Doc. E9–25039 Filed 10–16–09; 8:45 am] 

BILLING CODE 8320–01–P 


sroberts on DSKD5P82C1PROD with NOTICES