34706 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

Many of the acquired risks such as 

obesity, advanced age, air travel, 

chronic diseases, cancer, and 

hospitalization are increasing in the 

United States, and we can expect to see 

increasing numbers of people affected 

by DVT/PE. 

The CDC’s Division of Blood 

Disorders will conduct focus groups to 

develop messaging concepts that will be 

used in a public awareness campaign to 

build knowledge and awareness of DVT/ 

PE, increase recognition of the 

symptoms and risk factors for DVT/PE, 

and empower people to take action. 

The project will address these 

objectives in two stages: in the first stage 

the Contractor selected will conduct 

eight (8) formative focus groups with 

nine (9) participants in each focus group 

to explore consumer knowledge, 

attitudes, and beliefs (KABs) toward 

DVT. Message concepts will be 

developed from insights emerging from 

this exploratory research phase. The 

Contractor will conduct eight (8) focus 

groups with nine (9) participants in 

each focus group during the second 

stage to test the message concepts and 

identify possible ways to present the 

messages. 

The Contractor selected will work 

with CDC to identify and recruit focus 

group participants. Formative research 

participants will include adults (aged 

25–64) who have been hospitalized in 

the last year and seniors (aged 65–80). 

Message testing participants will 

include adults (aged 25–64) who have 

been hospitalized in the last year and 

seniors (aged 65–80). Participants will 

be recruited to participate in one of 

sixteen in-person focus groups that will 

be conducted in the following cities: 

• Atlanta, Baltimore, Pittsburgh, and 

Tampa (formative research task), and 

• Atlanta, Baltimore, Pittsburgh, and 

Tampa (message testing task). 

It is estimated that a total of 144 

respondents will have to be screened in 

order to recruit 36 focus group 

participants for each year. There are no 

costs to the respondents other than their 

time. The estimated annualized burden 

hours are 125. 

ESTIMATED ANNUALIZED BURDEN HOURS

Type of respondent Form name Number of 

respondents 

Number responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Seniors (65–80) .............................................. Participant Screener ....................................... 144 1 5/60 

Adults (25–64) recently hospitalized 

Seniors (65–80) .............................................. Participant Re-screener ................................. 36 1 9/60 

Adults (25–64) recently hospitalized 

Seniors (65–80) .............................................. Moderator’s Guide: Formative Research 

Focus Groups.

36 1 1.5 

Adults (25–64) recently hospitalized 

Seniors (65–80) .............................................. Moderator’s Guide: Message Testing Focus 

Groups.

36 1 1.5 

Adults (25–64) recently hospitalized 

Seniors (65–80) .............................................. Informed Consent Form ................................. 36 1 6/60 

Adults (25–64) recently hospitalized 

Dated: June 3, 2011. 

Daniel L. Holcomb, 

Reports Clearance Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. 2011–14422 Filed 6–13–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket Number CDC–2011–0006] 

[RIN 0920–ZA03] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Disease Control and Prevention (CDC), 

National Institute for Occupational 

Safety and Health (NIOSH). 

ACTION: Notification of proposed altered 

system of records; clarification. 

SUMMARY: On May 27, 2011, the Centers 

for Disease Control and Prevention 

(CDC), located within the Department of 

Health and Human Services (HHS), 

published a Notification of Proposed 

Altered System of Records for its system 

of records, 09–20–0147, ‘‘Occupational 

Health Epidemiological Studies and 

EEOICPA Program Records, HHS/CDC/ 

NIOSH.’’ This document offers 

clarifications to the May publication. 

DATES: Comments must be received on 

or before June 27, 2011. 

ADDRESSES: You may submit written 

comments, identified by the Privacy Act 

System of Records Number 09–20–0147, 

to the following address: HHS/CDC 

Senior Official for Privacy (SOP), Office 

of the Chief Information Security Officer 

(OCISO), 4770 Buford Highway—M/S: 

F–35, Atlanta, GA 30341. 

You may also submit written 

comments electronically to http:// 

www.regulations.gov. Comments must 

be identified by Docket No. CDC–2011– 

0006. Please follow directions at 

http://www.regulations.gov to submit 

comments. 

All relevant comments received will 

be posted publicly to http:// 

www.regulations.gov without change, 

including any personal or proprietary 

information provided. An electronic 

version of the draft is available to 

download at http:// 

www.regulations.gov. 

Written comments, identified by 

Docket No. CDC–2011–0006, and/or 

Privacy Act System of Records Number 

09–20–0147, will be available for public 

inspection Monday through Friday, 

except for legal holidays, from 9 a.m. 

until 3 p.m., Eastern Daylight Time, at 

4770 Buford Highway—M/S: F–35, 

Atlanta, GA 30341. Please call ahead to 

(770) 488–8660, and ask for a 

representative from Office of the Chief 

Information Security Officer (OCISO) to 

schedule your visit. Comments may also 

be viewed at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Beverly E. Walker, Chief Privacy Officer, 

Centers for Disease Control and 

Prevention, 4770 Buford Highway—M/ 

S: F–35, Atlanta, Georgia 30341, (770) 

488–8660. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: In the May 

27, 2011, notice (76 FR 31212), CDC 

provided information regarding the 


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amendment of the categories of 

individuals covered by the system of 

records; the categories of records; the 

authorities; and the purposes for 

maintenance of the system of records. In 

addition, we proposed to add new 

routine uses. The purpose of these 

modifications was to provide notice as 

to how the National Institute for 

Occupational Safety and Health 

(NIOSH), a component of CDC, is 

complying with the Privacy Act in 

executing its responsibilities under the 

James Zadroga 9/11 Health and 

Compensation Act of 2010 found at 

Title XXXIII of the Public Health 

Service Act, 42 U.S.C. 300mm— 

300mm–61 (Title XXXIII). CDC offers 

the following clarifications. 

1. We are adding a clause to the first 

sentence of the section entitled 

‘‘Categories of records in the system’’ to 

address the information that is in the 

record system for individuals presumed 

to be enrolled in the World Trade Center 

(WTC) Health Program as of July 1, 

2011. We are also adding a sentence at 

the end of the section to notify 

individuals that information that is 

provided to HHS that is from a system 

of records under the control of the 

Terrorist Screening Center (TSC), 

Federal Bureau of Investigation, 

Department of Justice, remains law 

enforcement information and retains the 

exemptions listed in Justice/FBI–019, 72 

FR 47073 (Aug. 22, 2007) and 

promulgated under 28 CFR 16.96(r). 

Accordingly, that section now reads, 

in relevant part: 

Categories of records in the system: 

* * * Also included are applications 

for enrollment in the World Trade 

Center (WTC) Health Program and, 

information on individual enrolled or 

otherwise claiming eligibility and 

qualification for enrollment; once 

enrolled, information on these 

individuals may include screening and 

medical records, and financial records 

related to payment and reimbursements 

for care under the WTC program. 

Information that is provided to HHS that 

is from a system of records under the 

control of the Terrorist Screening Center 

(TSC), Federal Bureau of Investigation, 

Department of Justice, remains law 

enforcement information and retains the 

exemptions listed in Justice/FBI–019, 72 

FR 47073 (Aug. 22, 2007) and 

promulgated under 28 CFR 16.96(r). 

2. Provisions of the Zadroga Act 

mandate that no individual on the 

terrorist watchlist may be qualified as 

eligible to receive the benefits under 

this Act. In order to implement this 

provision, NIOSH published a routine 

use that would permit disclosure of 

certain personal identifying information 

to the Department of Justice and its 

contractors to provide terrorist 

screening support in accordance with 

this statutory obligation to qualify 

individuals under this program. We are 

retaining the language that describes the 

information released to the Department 

of Justice and that this disclosure is for 

the purpose of permitting the 

Department of Justice to perform the 

terrorist screening required by Title 

XXXIII of the Public Service Act. We 

have added a sentence at the end of the 

description of the routine uses for the 

WTC Health Program records affirming 

that NIOSH will comply with applicable 

Federal law with respect to the records 

in this system. We have also added 

language to provide a more complete 

explanation of the information the 

Department of Justice will retain 

consistent with Justice/FBI–019, 

Terrorist Screening Center Records 

System. That routine use has been 

clarified, as follows: 

Disclosure to the Department of Justice and 

its contractors to provide terrorist screening 

support in accordance with NIOSH’s 

statutory obligation to determine whether an 

individual is on the ‘‘terrorist watch list’’ as 

specified in Section 3311 and Section 3321 

of the Zadroga Act and is eligible and 

qualified to be enrolled or certified in the 

WTC Health Program as specified by statute. 

Disclosure by NIOSH, under this routine use, 

will be limited to only the information that 

is necessary to determine eligibility and 

qualification under the statute. The 

Department of Justice will only retain 

information provided by HHS that relates to 

(1) Individuals known or appropriately 

suspected to be or have been engaged in 

conduct constituting, in preparation for, in 

aid of, or related to terrorism (‘‘known or 

suspected terrorists’’); (2) individuals 

identified during the terrorism screening 

process as a possible identity match to a 

known or suspected terrorist; (3) individuals 

who are misidentified as a possible identity 

match to a known or suspected terrorist in 

order to expedite future screening of those 

individuals and to support the appeals 

process; and/or (4) individuals about whom 

a terrorist watchlist-related appeal inquiry 

has been made. Information that does not fall 

into one of the above listed categories will 

not be retained by the Department of Justice. 

3. We are modifying the Retention 

and disposal section to delete any 

reference to the Department of Justice 

which adheres to its own records 

retention schedule. This section will 

now read as follows: 

Retention and disposal: Records are 

retained and disposed of according to 

the provisions of the CDC Electronic 

Records Control Schedule for NIOSH 

records. Research records are 

maintained in the agency for three years 

after the close of the study. Records 

transferred to the Federal Records 

Center when no longer needed for 

evaluation and analysis are destroyed 

after 75 years for epidemiologic studies, 

unless needed for further study. Records 

from health hazard evaluations will be 

retained at least 20 years. Energy 

Employees Occupational Illness 

Compensation Program Act (EEOICPA) 

program records are transferred to the 

Federal Records Center 15 years after 

the case file becomes inactive and are 

destroyed after 75 years. WTC Health 

Program records are transferred to the 

Federal Records Center 15 years after 

the case file becomes inactive and are 

destroyed after 75 years. 

In our May 27, 2011, notice, we 

provided opportunity to comment until 

June 27, 2011, on the new routine uses 

in the altered system of records as is 

required under the Privacy Act, 5 U.S.C. 

552a(e)(11). By publishing in the 

Federal Register, the agency provides 

individuals with notice of the 

information that the agency will be 

disclosing and the purpose of that 

disclosure. Britt v. Naval Investigative 

Service, 886 F.2d 544, 548 (3rd Cir. 

1989). ‘‘A new ‘routine use’ is one 

which involves disclosure of records for 

a new purpose * * * or to a new 

recipient or category of recipients.’’ 40 

FR 28948, 28966 (July 9, 1975). In the 

May 27, 2011, notice, we specified we 

would be providing information to the 

Department of Justice for the purpose of 

that agency conducting the terrorist 

screening under specified provisions of 

Title XXXIII of the Public Health 

Service Act and that the information 

disclosed would be limited to that 

information needed for this screening 

purpose. The clarifications provided in 

this notice do not establish a new 

purpose, new recipient or category of 

recipients, notwithstanding additional 

information provided as to the retention 

by the Department of Justice of certain 

information identified in the May 27, 

2011, notice. Since the additional 

information does not create a new 

routine use or substantively alter the 

language pertaining to the information 

that NIOSH will disclose or why it is 

disclosing it, the comment period will 

remain the same and comments must be 

received on or before June 27, 2011 as 

specified in the May 27, 2011 notice 

specified above. The entire resulting 

system of records notice, as amended 

and clarified, appears below. 


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34708 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

Dated: June 7, 2011. 

James D. Seligman, 

Chief Information Officer, Centers for Disease 

Control and Prevention. 

SYSTEM NAME: 

Occupational Health Epidemiological 

Studies and EEOICPA Program Records 

and WTC Health Program Records, 

HHS/CDC/NIOSH 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

WTC Health Program, NIOSH, 

Century Center Boulevard, Building 

2400, Mail Stop E–74, Atlanta, GA 

30329. 

Division of Surveillance, Hazard 

Evaluation, and Field Studies 

(DSHEFS), National Institute for 

Occupational Safety and Health 

(NIOSH), Robert A. Taft Laboratories, 

4676 Columbia Parkway, Cincinnati, OH 

45226. 

Division of Respiratory Disease 

Studies (DRDS), National Institute for 

Occupational Safety and Health 

(NIOSH), 1095 Willowdale Road, 

Morgantown, WV 20505–2888. 

Pittsburgh Research Laboratory, 

NIOSH, 626 Cochrans Mill Road, 

Pittsburgh, PA 15156. 

Spokane Research Laboratory, NIOSH, 

315 E. Montgomery Avenue, Spokane, 

WA 99207. 

Office of Compensation Analysis and 

Support (OCAS), NIOSH, Robert A. Taft 

Laboratories, 4676 Columbia Parkway, 

Cincinnati, Ohio 45226, and Federal 

Records Center, 3150 Bertwynn Drive, 

Dayton, OH 45439. 

Data are also occasionally located at 

contractor sites as studies are 

developed, data collected, and reports 

written. A list of contractor sites where 

individually identifiable data are 

currently located is available upon 

request to the system manager. 

Also, occasionally data may be 

located at the facilities of collaborating 

researchers where analyses are 

performed, data collected and reports 

written. A list of these facilities is 

available upon request to the system 

manager. Data may be located only at 

those facilities that have an adequate 

data security program and the 

collaborating researcher must return the 

data to NIOSH or destroy individual 

identifiers at the conclusion of the 

project. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

That segment of the population 

exposed to physical and/or chemical 

agents or other workplace hazards that 

may damage the human body in any 

way. Some examples are: (1) Organic 

carcinogens; (2) inorganic carcinogens; 

(3) mucosal or dermal irritants; (4) 

fibrogenic materials; (5) acute toxic 

agents including sensitizing agents; (6) 

neurotoxic agents; (7) mutagenic (male 

and female) and teratogenic agents; (8) 

bio-accumulating non-carcinogen 

agents; (9) chronic vascular diseasecausing agents; and (10) ionizing 

radiation. Also included are those 

individuals in the general population 

who have been selected as control 

groups. Workers employed by the 

Department of Energy and its 

predecessor agencies and their 

contractors are also included, as are 

cancer-related claimants under the 

Energy Employees Occupational Illness 

Compensation Program Act of 2000 

(EEOICPA). Individuals enrolled in or 

otherwise claiming eligibility and 

qualification for enrollment in the WTC 

Health Program created under Title 

XXXIII of the Public Health Service Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Physical exams, sputum cytology 

results, questionnaires, urine test 

records, X-rays, medical history, 

pulmonary function test records, 

medical disability forms, blood test 

records, hearing test results, smoking 

history, occupational histories, previous 

and current employment records, union 

membership records, driver’s license 

data, demographic information, 

exposure history information and test 

results are examples of the records in 

this system. The specific types of 

records collected and maintained are 

determined by the needs of the 

individual study. Also included are 

records of cancer-related claimants 

under EEOICPA.’’ Also included are 

applications for enrollment in the World 

Trade Center (WTC) Health Program and 

information on individuals enrolled in 

or otherwise claiming eligibility and 

qualification for enrollment; once 

enrolled, information on these 

individuals may include screening and 

medical records, and financial records 

related to payment and reimbursements 

for care under the WTC program. 

Information that is provided to HHS that 

is from a system of records under the 

control of the Terrorist Screening Center 

(TSC), Federal Bureau of Investigation, 

Department of Justice remains law 

enforcement information and retains the 

exemptions listed in Justice/FBI–019, 72 

FR 47,073 (Aug. 22, 2007) and 

promulgated under 28 CFR 16.96 (r). 

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); the 

Federal Mine Safety and Health Act of 

1977, Section 501, ‘‘Research’’ (30 

U.S.C. 951) and the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000 (EEOICPA) (42 

U.S.C.S. 7384, et seq.); and the Public 

Health Service Act, Title XXXIII, 

‘‘World Trade Center Health Program’’ 

(42 U.S.C. 300mm–300mm–61). 

PURPOSE(S): 

Studies carried out under this system 

are to evaluate mortality and morbidity 

of occupationally related diseases and 

injuries, to determine their causes, and 

to lead toward prevention of 

occupationally related diseases and 

injuries in the future. EEOICPA records 

are maintained to enable NIOSH to 

fulfill its dose reconstruction 

responsibilities under the Act. WTC 

Health Program records in this system 

are maintained and used to enable 

NIOSH to fulfill WTC Program 

Administrator responsibilities make 

determinations about eligibility and 

qualification, provide for medical care, 

pay for that care, and coordinate with 

other health benefit programs under 

Title XXXIII of the Public Health 

Service Act, 42 U.S.C. 300mm–300mm– 

61. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

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 the 

Department of Justice when (1) HHS, or 


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any component thereof; or (2) any 

employee of HHS in his or her official 

capacity; or (3) any employee of HHS in 

his or her individual capacity where the 

Department of Justice or HHS has agreed 

to represent the employee; or (4) the 

United States, is a party to litigation or 

has an interest in such litigation, and 

the use of such records by the 

Department of Justice is deemed by HHS 

to be relevant and necessary to the 

litigation; provided, however, that in 

each case it has been determined that 

the disclosure is compatible with the 

purpose for which the records were 

collected. 

Records may be disclosed to a 

contractor performing or working on a 

contract for HHS and who has a need to 

have access to the information in the 

performance of its duties or activities for 

the HHS in accordance with law and 

with the contract. The contractor is 

required to comply with the applicable 

provisions of the Privacy Act. 

Records subject to the Privacy Act are 

disclosed to private firms for data entry, 

scientific support services, nosology 

coding, 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. 

Certain diseases or exposures may be 

reported to State and/or local health 

departments where the State has a 

legally constituted reporting program for 

communicable diseases and which 

provides for the confidentiality of the 

information. 

Disclosure of records or portions of 

records may be made to a Member of 

Congress or a Congressional staff 

member submitting a verified request 

involving an individual who is entitled 

to the information and has requested 

assistance from the Member or staff 

member. The Member of Congress or 

Congressional staff member must 

provide a copy of the individual’s 

written request for assistance. 

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. 

THE FOLLOWING ROUTINE USES APPLY ONLY TO

EPIDEMIOLOGICAL STUDIES: 

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; and (3) 

injunctive relief against employers or 

mine operators to obtain access to 

relevant information. 

Portions of records (name, Social 

Security number if known, date of birth, 

and last known address) may be 

disclosed to one or more of the sources 

selected from those listed in Appendix 

I, as applicable. This may be done for 

obtaining a determination regarding an 

individual’s health status and last 

known address. If the sources determine 

that the individual is dead, NIOSH may 

obtain death certificates, which state the 

cause of death, from the appropriate 

Federal, State or local agency. If the 

individual is alive, NIOSH may obtain 

information on health status from 

disease registries or on last known 

address in order to contact the 

individual for a health study or to 

inform him or her of health findings. 

This information on health status 

enables NIOSH to evaluate whether 

excess occupationally related mortality 

or morbidity is occurring. 

Disclosure of epidemiologic study 

records pertaining to uranium workers 

may be made to the Department of 

Justice to be used in determining 

eligibility for compensation payments to 

the uranium workers or their survivors. 

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. 

THE FOLLOWING ROUTINE USES APPLY ONLY TO

EEOICPA PROGRAM RECORDS: 

Disclosure of dose reconstructions, 

epidemiologic study records and 

employment and medical information 

pertaining to Department of Energy 

employees and other cancer-related 

claimants covered under the Energy 

Employees Occupational Illness 

Compensation Program Act may be 

made to the Department of Labor to be 

used in determining eligibility for 

compensation payments to such 

claimants and in defending its 

determinations under the Act. 

Disclosure of personal identifying 

information associated with cancerrelated claims under the Energy 

Employees Occupational Illness 

Compensation Program Act may be 

made to the Department of Energy, other 

Federal agencies, other government or 

private entities and to private-sector 

employers to permit these entities to 

retrieve records required to reconstruct 

radiation doses and to enable NIOSH to 

evaluate petitions for inclusion in the 

Special Exposure Cohort. 

Completed dose reconstruction 

reports for cancer-related claims under 

the Energy Employees Occupational 

Illness Compensation Program Act may 

be released to the Department of Energy 

and the Department of Labor to permit 

these entities to fulfill EEOICPA and 

HHS dose reconstruction regulation 

requirements to notify claimants of their 

dose reconstruction results. 

Disclosure of personal identifying 

information associated with cancerrelated claims under the Energy 

Employees Occupational Illness 

Compensation Program Act may be 

made to identified witnesses as 

designated by the Office of 

Compensation Analysis and Support to 

assist NIOSH in obtaining information 

required to complete the dose 

reconstruction process and to enable 

NIOSH to evaluate petitions for 

inclusion in the Special Exposure 

Cohort. 

Records may also be disclosed when 

deemed desirable or necessary, to the 

Department of Justice, and/or the 

Department of Labor, to enable those 

Departments to effectively represent the 

Department of Health and Human 

Services and/or the Department of Labor 

in litigation involving the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000 

(EEOICPA). 

THE FOLLOWING ROUTINE USES APPLY ONLY TO

WTC HEALTH PROGRAM RECORDS: 

Disclosure to the Department of 

Justice and its contractors to provide 

terrorist screening support in 

accordance with NIOSH’s statutory 

obligation to determine whether an 

individual is on the ‘‘terrorist watch 

list’’ as specified in Section 3311 and 

Section 3321 of the Zadroga Act and is 


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eligible and qualified to be enrolled or 

certified in the WTC Health Program as 

specified by statute. Disclosure by 

NIOSH, under this routine use, will be 

limited to only the information that is 

necessary to determine eligibility and 

qualification under the statute. The 

Department of Justice will only retain 

information provided by HHS that 

relates to (1) Individuals known or 

suspected to be or have been engaged in 

conduct constituting, in preparation for, 

in aid of, or related to terrorism 

(‘‘known or suspected terrorists’’); (2) 

individuals identified during the 

terrorism screening process as a possible 

identity match to a known or suspected 

terrorist; (3) individuals who are 

misidentified as a possible identity 

match to a known or suspected terrorist 

in order to expedite future screening of 

those individuals and to support the 

appeals process; and/or (4) individuals 

about whom a terrorist watchlist-related 

appeal inquiry has been made. 

Information that does not fall into one 

of the above listed categories will not be 

retained by the Department of Justice. 

Disclosure of personally identifying 

information to applicable entities for the 

purpose of reducing or recouping WTC 

Health Program payments made to 

individuals under a workers’ 

compensation law or plan of the United 

States, a State, or locality, or other workrelated injury or illness benefit plan of 

the employer of such worker or public 

or private health plan as required under 

Title XXXIII of the Public Health 

Service Act. NIOSH will maintain, use, 

and disclose the information in the 

System of Records in accordance with 

applicable Federal law. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Manager files, card files, electronic 

computer tapes, disks, files and 

printouts, microfilm, microfiche, and 

other files as appropriate. 

RETRIEVABILITY: 

Name, assigned identification 

number, or social security number. 

SAFEGUARDS: 

1. AUTHORIZED USERS: 

A database software security package 

is utilized to control unauthorized 

access to the system. Access is granted 

to only a limited number of physicians, 

scientists, statisticians, and designated 

support staff or contractors, as 

authorized by the system manager to 

accomplish the stated purposes for 

which the data in this system have been 

collected. 

2. PHYSICAL SAFEGUARDS: 

Hard copy records are kept in locked 

cabinets in locked rooms. Guard service 

in buildings provides screening of 

visitors. The limited access, secured 

computer room contains fire 

extinguishers and an overhead sprinkler 

system. Computer workstations and 

automated records are located in 

secured areas. Electronic anti-intrusion 

devices are in operation at the Federal 

Records Center. 

3. PROCEDURAL SAFEGUARDS: 

Data sets are password protected and/ 

or encrypted. Protection for 

computerized records both on the 

mainframe and the NIOSH Local Area 

Network (LAN) 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 for backup tapes. 

Additional safeguards may be built into 

the program by the system analyst as 

warranted by the sensitivity of the data. 

Employees and contractor staff 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 

government or contractor sites is 

restricted to specifically authorized 

personnel. Privacy Act provisions are 

included in contracts, and the 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. 

4. 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 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 

CDC LAN currently operates under a 

Microsoft Windows Server and is in 

compliance with applicable security 

standards. 

RETENTION AND DISPOSAL: 

Records are retained and disposed of 

according to the provisions of the CDC 

Electronic Records Control Schedule for 

NIOSH records. Research records are 

maintained in the agency for three years 

after the close of the study. Records 

transferred to the Federal Records 

Center when no longer needed for 

evaluation and analysis are destroyed 

after 75 years for epidemiologic studies, 

unless needed for further study. Records 

from health hazard evaluations will be 

retained at least 20 years. EEOICPA 

program records are transferred to the 

Federal Records Center 15 years after 

the case file becomes inactive and are 

destroyed after 75 years. WTC Health 

Program records are transferred to the 

Federal Records Center 15 years after 

the case file becomes inactive and are 

destroyed after 75 years. 

Paper files that have been scanned to 

create electronic copies are disposed of 

after the copies are verified. Disposal 

methods include erasing computer tapes 

and burning or shredding paper 

materials. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, WTC Health Program, 

NIOSH, Century Center Boulevard, 

Building 2400, Mail Stop E–74, Atlanta, 

GA 30329. 

Program Management Officer, 

Division of Surveillance, Hazard 

valuations, and Field Studies (DSHEFS), 

National Institute for Occupational 

Safety and Health (NIOSH), Robert A. 

Taft Laboratories, Rm. 40A, 4676 

Columbia Parkway, Cincinnati, OH 

45226. 

Director, Division of Respiratory 

Disease Studies (DRDS), National 

Institute for Occupational Safety and 

Health (NIOSH), Bldg. ALOSH, Rm. 

H2920, 1095 Willowdale Road, 

Morgantown, WV 26505–2888. 

Director, Pittsburgh Research 

Laboratory, NIOSH, 626 Cochrans Mill 

Road, Pittsburgh, PA 15156. 

Director, Spokane Research 

Laboratory, NIOSH, 315 E. Montgomery 

Avenue, Spokane, WA 99207. 

Director, Office of Compensation and 

Support (OCAS), NIOSH, Robert A. Taft 

Laboratories, 4676 Columbia Parkway, 

Cincinnati, OH 45226 

Policy coordination is provided by: 

Director, National Institute for 

Occupational Safety and Health 

(NIOSH), Bldg. HHH, Rm. 715H, 200 

Independence Avenue, SW., 

Washington, DC 20201. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34711 

NOTIFICATION PROCEDURE: 

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. 

RECORD ACCESS PROCEDURES: 

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. 

CONTESTING RECORD PROCEDURES: 

Contact the official at the address 

specified under System Manager 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: 

For research studies, vital status 

information is obtained from Federal, 

State and local governments and other 

available sources selected from those 

listed in Appendix I, but information is 

obtained directly from the individual 

and employer records, whenever 

possible. EEOICPA records are obtained 

from the individual subject and the 

employer’s records. WTC Health 

Program Records are obtained from 

individual applicants and enrollees, 

from medical providers who have 

treated eligible individuals, and from 

data centers that are repositories of 

demographic and clinical information 

about WTC responders and survivors. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

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. 2011–14807 Filed 6–10–11; 4:15 pm] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES (HHS) 

Centers for Medicare & Medicaid 

Services 

Notice of Hearing; Reconsideration of 

Disapproval of Colorado State Plan 

Amendments (SPA) 10–034 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of hearing. 

SUMMARY: This notice announces an 

administrative hearing to be held on 

August 4, 2011, at the CMS Denver 

Regional Office, Colorado State Bank 

Building, 1600 Broadway, Suite 700, 

Denver, Colorado 80202–4367 to 

reconsider CMS’ decision to disapprove 

Colorado SPA 10–034. 

DATES: Requests to participate in the 

hearing as a party must be received by 

the presiding officer by June 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Cohen, Presiding Officer, 

CMS, 2520 Lord Baltimore Drive, 

Suite L, Baltimore, Maryland 21244, 

Telephone: (410) 786–3169. 

SUPPLEMENTARY INFORMATION: This 

notice announces an administrative 

hearing to reconsider CMS’ decision to 

disapprove Colorado SPA 10–034 which 

was submitted on September 30, 2010, 

and disapproved on March 10, 2011. 

The SPA proposed to revise the 

methods and standards for establishing 

payment rates for non-brokered and 

brokered non-emergency medical 

transportation. 

The disapproval was based on a 

finding that the State had not complied 

with the requirements of section 

1902(a)(73)(A) of the Social Security Act 

to solicit advice from designees of 

Indian Health Programs and Urban 

Indian Organizations prior to 

submission of a SPA likely to have a 

direct effect on Indians, Indian Health 

Programs, or Urban Indian 

Organizations. 

The issues to be considered at the 

hearing are: 

• Applicability: Whether the statutory 

requirement in section 1902(a)(73)(A) of 

the Social Security Act (the Act) for 

solicitation of advice prior to the 

submission of a SPA that is likely to 

have a direct effect on Indians, Indian 

Health Programs, or Urban Indian 

Organizations is applicable to this SPA 

when there are significant numbers of 

Indian beneficiaries who receive 

transportation services, and Indian 

Health Programs and Urban Indian 

Organizations that are transportation 

providers in the State. 

• Solicitation of Advice: Whether 

Colorado met the statutory requirement 

at section 1902(a)(73)(A) to solicit 

advice when it did not include in any 

issuance to Indian health programs and 

Urban Indian Organizations prior to the 

submission of the SPA any specific 

solicitation of advice or comment on the 

SPA (or any description of a process for 

the submission of comments or 

initiation of a dialogue with the State). 

• Timing: Whether Colorado met the 

statutory requirement at section 

1902(a)(73)(A) to solicit advice when it 

issued general public notice on June 25, 

2010, of the rate reductions that were to 

go into effect July 1, 2010, but did not 

issue notice to the Indian health 

programs or Urban Indian Organizations 


srobinson on DSK4SPTVN1PROD with NOTICES