[Federal Register: July 27, 2005 (Volume 70, Number 143)]
[Notices]
[Page 43442-43445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy05-101]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
[Docket No. TSA-2005-21956]
Privacy Act of 1974: System of Records; Safety Information System
(SIS)
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice to establish a system of records; request for comments.
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SUMMARY: The Transportation Security Administration (TSA) is
establishing one new system of records under the Privacy Act of 1974,
the Safety Information System (SIS) (DHS/TSA 020). TSA will maintain
this system to provide an information source to comply with the
occupational health and safety recordkeeping and reporting requirements
of the Department of Labor, Occupational Safety and Health
Administration (OSHA).
DATES: Submit comments by August 26, 2005.
ADDRESSES: You may submit comments, identified by TSA docket number to
this document, using any one of the following methods:
Comments Filed Electronically: You may submit comments through the
docket Web site at http://dms.dot.gov You also may submit comments through the Federal eRulemaking portal at http://www.regulations.gov.
Comments Submitted by Mail, Fax, or In Person: Address or deliver
your written, signed comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001; Fax: 202-493-2251.
See SUPPLEMENTARY INFORMATION for format and other information
about comment submissions.
FOR FURTHER INFORMATION CONTACT: Lisa S. Dean, Privacy Officer, Office
of Transportation Security Policy, TSA-9, 601 South 12th Street,
Arlington, VA 22202-4220; telephone (571) 227-3947; facsimile (571)
227-2555.
SUPPLEMENTARY INFORMATION:
Comments Invited
TSA invites interested persons to participate by submitting written
comments, data, or views. See ADDRESSES above for information on where
to submit comments.
With each comment, please include your name and address, identify
the docket number at the beginning of your comments, and give the
reason for each comment. The most helpful comments
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reference a specific portion of the rulemaking, explain the reason for
any recommended change, and include supporting data. You may submit
comments and material electronically, in person, by mail, or fax as
provided under ADDRESSES, but please submit your comments and material
by only one means. If you submit comments by mail or delivery, submit
them in two copies, in an unbound format, no larger than 8.5 by 11
inches, suitable for copying and electronic filing.
If you want TSA to acknowledge receipt of your comments submitted
by mail, include with your comments a self-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
TSA will file in the public docket all comments received by TSA,
except for comments containing confidential information and sensitive
security information (SSI),\1\ TSA will consider all comments received
on or before the closing date for comments and will consider comments
filed late to the extent practicable. The docket is available for
public inspection before and after the comment closing date.
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\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive
Security Information (SSI) Submitted in Public Comments
Do not submit comments that include trade secrets, confidential
commercial or financial information, or SSI to the public regulatory
docket. Please submit such comments separately from other comments on
the document. Comments containing this type of information should be
appropriately marked as containing such information and submitted by
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
Upon receipt of such comments, TSA will not place the comments in
the public docket and will handle them in accordance with applicable
safeguards and restrictions on access. TSA will hold them in a separate
file to which the public does not have access, and place a note in the
public docket that TSA has received such materials from the commenter.
If TSA receives a request to examine or copy this information, TSA will
treat it as any other request under the Freedom of Information Act
(FOIA) (5 U.S.C. 552) and the Department of Homeland Security's (DHS')
FOIA regulation found in 6 CFR part 5.
Reviewing Comments in the Docket
Please be aware that anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review the applicable Privacy Act Statement published in the Federal
Register on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov
.
You may review the comments in the public docket by visiting the
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Dockets Office is located on the plaza level of
the Nassif Building at the Department of Transportation address,
previously provided under ADDRESSES. Also, you may review public
dockets on the Internet at http://dms.dot.gov.
Availability of Document
You can get an electronic copy using the Internet by--
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
; or
(3) Visiting TSA's Law and Policy Web page at http://www.tsa.gov
and accessing the link for ``Law and Policy'' at the top of the page.
In addition, copies are available by writing or calling the office
in the FOR FURTHER INFORMATION CONTACT section. Make sure to identify
the docket number of this notice.
Background
On November 26, 2004 (69 FR 68793), the Occupational Safety and
Health Administration (OSHA) issued a final rule amending the
occupational injury and illness recording and reporting requirements
applicable to Federal agencies. This final rule makes the Federal
sector's recordkeeping and reporting requirements essentially identical
to the private sector's by adopting applicable OSHA recordkeeping
provisions for Federal agencies. In addition to ensuring that injuries
and illnesses suffered by all groups of employees are recorded, the
final rule is intended to: Produce more useful injury and illness
records; collect better information about the incidence of occupational
injuries and illnesses at the establishment level; create reporting and
recording criteria that are consistent among Federal agencies; enable
injury and illness comparisons between the Federal and private sectors;
and promote improved employee awareness and involvement in the
recording and reporting of job-related injuries and illnesses. The
final rule will also assist in achieving the stated goal of Executive
Order (E.O.) 12196 (45 FR 12769, Feb. 27, 1980) that Federal agencies
comply with all OSHA standards, and generally, assure worker protection
in a manner comparable to the private sector.
System of Records
DHS/TSA 020
System name:
Safety Information System (SIS).
Security classification:
Unclassified.
System locations:
TSA's Information Technology contractor maintains and stores
official records in electronic form on secure servers at their office
locations. TSA occupational safety and health personnel may access the
official records from their individual workstations at TSA field
locations or Headquarters offices at 601 South 12th Street, Arlington,
VA 22202-4220.
Categories of individuals covered by the system:
TSA employees and contractors under direct supervision of TSA, who
are involved in or report an incident resulting in an occupationally-
caused injury, illness, or death; employees and contractors involved in
or reporting incidents not resulting in, but having the potential to
have caused damage, injury, or death; employees and contractors (or
their survivors) who file a claim for benefits under the Federal
Employees' Compensation Act; and employees and contractors who report
unsafe or unhealthful working conditions.
Categories of records in the system:
Records may include: Reports of occupational injuries and
illnesses; workers' compensation claims information filed by, or on
behalf of, injured employees or contractors; medical bill payment
records; notes of telephone conversations conducted in connection with
claims; general information relating to the status of vocational and/or
medical rehabilitation. Specific data elements may include personally
identifying information, such as: Name, Social Security Number, birth
date, gender,
[[Page 43444]]
home address, occupation, and salary (for employees of the Department
only); date and location of the incident; and information received from
various investigative agencies.
Authorities for maintenance of the system:
5 U.S.C. 301, 7902; 29 U.S.C. 651 et seq.; 49 U.S.C. 114; E.O.
12196 (45 FR 12769, Feb. 27, 1980), 3 CFR, 1980 Comp., p. 145; 29 CFR
part 1960.
Purpose(s):
TSA will use this system to:
(1) Provide an information source for compliance with the
Occupational Safety and Health Act and other legal requirements;
(2) Provide a documented record of job-related incidents, injuries,
and illnesses for measuring safety and health programs' effectiveness;
(3) Provide summary data of accident, injury, and illness
information to TSA and DHS management in a number of formats for
analytical purposes in establishing programs to reduce or eliminate
loss producing hazards or conditions; and
(4) Use as a reference when adjudicating tort and employee claims.
TSA will use the summary data of occupational injuries or illnesses
maintained in this system for analytical purposes to improve TSA's
accident prevention policies, procedures, standards, and operations, as
well as ensure internal data quality assurance.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where TSA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(2) To contractors, grantees, experts, consultants, or other like
persons, when necessary, to perform a function or service related to
this system of records for which they have been engaged. Such
recipients are required to comply with the Privacy Act, 5 U.S.C. 552a,
as amended.
(3) To a Federal, State, local, tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
(4) To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary, to obtain information relevant to a
TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
(5) To third parties during the course of an investigation into any
matter associated with an occupationally-related accident, injury, or
illness, to the extent necessary to obtain information pertinent to the
investigation.
(6) To the Department of Justice (DOJ) or other Federal agency for
purposes of conducting litigation or proceedings before any court,
adjudicative or administrative body, when (a) DHS, or (b) any employee
of DHS in his/her official capacity, or (c) any employee of DHS in his/
her individual capacity where DOJ or DHS has agreed to represent the
employee, or (d) the United States or any agency thereof, is a party to
the litigation or proceeding, or has an interest in such litigation or
proceeding.
(7) To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual.
(8) To the National Archives and Records Administration or other
appropriate Federal agency, in records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
(9) To any agency or instrumentality charged under applicable law
with the protection of the public health or safety under exigent
circumstances where the public health or safety is at risk.
(10) To the Department of Justice, United States Attorney's Office,
or other appropriate Federal agency for further collection action on
any delinquent debt when circumstances warrant, or to a debt collection
agency for the purpose of debt collection.
(11) To prepare periodic statistical reports on employees' health
and injury status for transmission to and review by the Department of
Labor;
(12) To the Secretary of Labor or an authorized representative
under duly promulgated regulations;
(13) To the Office of Personnel Management, Merit Systems
Protection Board, Equal Employment Opportunity Commission, and/or
similar agencies as required to litigate or otherwise process
individual claims;
(14) To physicians, the Department of Labor, various state
departments of labor and industry groups, and contractors who use
information to: (a) Ascertain suitability of an employee for job
assignments with regard to health (b) provide benefits under Federal
programs or contracts, and (c) maintain a record of occupational
injuries or illnesses and the performance of regular diagnostic and
treatment services to patients.
(15) To doctors, pharmacies, and other health care providers for
the purpose of treating the injured party investigating the claim,
conducting medical examinations, physical rehabilitation or other
services, or obtaining medical evaluations.
(16) To public or private rehabilitation agencies to whom the
injured party has been referred for vocational rehabilitation services
so that they may properly evaluate the injured party's experience,
physical limitations and future employment capabilities.
(17) To Federal, state, and local agencies conducting similar or
related investigations to verify whether prohibited dual benefits were
provided, whether benefits have been or are being paid properly,
including whether dual benefits prohibited by Federal law are being
paid; and salary offset and debt collection procedures including those
actions required by the Debt Collection Act of 1982.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Contractors maintain and store official records in electronic form
in the system location office. Employees or contractors designated to
enter and access data create and update the information on their
individual workstations, and make it accessible to TSA occupational
safety and health personnel.
Retrievability:
Personnel may retrieve data records electronically stored by
employee name, social security number or other personal identifier, or
case number; and paper records, where applicable, by case number or
alphabetically by name. TSA field offices will access and retrieve
information maintained in the system pertaining only to employees under
their supervision. TSA Headquarters personnel responsible for
administration of the Occupational Safety and Health program will have
access to SIS data.
Safeguards:
Information in this system is protected from unauthorized access
through appropriate administrative, physical, and technical safeguards.
Unauthorized personnel are denied physical access to the location where
records are stored. For computerized records, safeguards are in
accordance
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with generally acceptable information security guidelines via use of
security codes, passwords, Personal Identification Numbers (PINs), and
other similar safeguards.
Retention and disposal:
Employee case files are destroyed when 30 years old in accordance
with TSA Records Schedule 2400 et seq. Computer files are deleted after
the expiration of the retention period authorized for the disposal of
the hard copy file or when no longer needed, whichever is later.
System manager(s) and address:
Director, Occupational Safety, Health, and Environment, Office of
Administration, TSA-17, 701 South 12th Street, Arlington, VA 22202-
4220.
Notification procedure:
To determine if this system contains a record relating to you,
write to the system manager at the address indicated above and provide
your full name, current address, date of birth, place of birth, and a
description of information that you seek, including the time frame
during which the record(s) may have been generated. You may also
provide your social security number or other unique identifier(s), but
you are not required to do so. Individuals requesting access must
comply with the Department of Homeland Security's Privacy Act
regulations on verification of identity (6 CFR 5.21(d)).
Record access procedure:
Same as ``Notification procedure'' above.
Contesting record procedure:
Same as ``Notification procedure'' above.
Record source categories:
(1) The individual or their representative;
(2) Their dependents;
(3) Witnesses;
(4) Employing agency;
(5) Medical personnel and institutions;
(6) Departmental Records;
(7) Office of Workers' Compensation Program;
(8) Office of Personnel Management;
(9) State and Federal records;
(10) Motor Vehicle Accident Reports (SF-91); and
(11) Excerpts of police reports, witness statements, and general
correspondence.
Exemptions claimed for the system:
None.
Issued in Arlington, Virginia, on July 21, 2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05-14819 Filed 7-26-05; 8:45 am]
BILLING CODE 4910-62-P