Privacy Act of 1974: System of Records; Safety Information System (SIS), 43442-43445 [05-14819]
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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices
of an extension of the currently
approved collection under the
Paperwork Reduction Act. The ICR
describes the nature of the information
collection and its expected burden. TSA
published a Federal Register notice,
with a 60-day comment period soliciting
comments, of the following collection of
information on May 6, 2005, 70 FR
24108.
Send your comments by August
26, 2005. A comment to OMB is most
effective if OMB receives it within 30
days of publication.
ADDRESSES: Comments may be faxed to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: DHS–TSA Desk
Officer, at (202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Katrina Wawer, Information Collection
Specialist, Office of Transportation
Security Policy, TSA–9, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 22202–4220;
telephone (571) 227–1995; facsimile
(571) 227–2594.
SUPPLEMENTARY INFORMATION:
DATES:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information,
unless it displays a valid OMB control
number. Therefore, in preparation for
OMB review and approval of the
following information collection, TSA is
soliciting comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
Title: Imposition and Collection of
Passenger Civil Aviation Security
Service Fees (September 11th Security
Fee).
Type of Request: Extension of a
currently approved collection.
OMB Control Number: 1652–0001.
Forms: September 11th Security Fees
Quarterly Report Form.
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Frequency: Quarterly.
Abstract: On December 31, 2001, TSA
published an interim final rule
imposing a security service fee
(September 11th Security Fee) (see 66
FR 67698). Imposition of the fee began
on February 1, 2002. Approximately 196
domestic and foreign air carriers are
expected to collect and remit the
September 11th Security Fee. Each of
these carriers is then required to: (1)
Establish and maintain an accounting
system to account for the September
11th Security Fees that are imposed,
collected, refunded, and remitted; (2)
report this information to TSA on a
quarterly basis; and (3) retain the data
used for these reports for a six-year
rolling period (so that information for
Fiscal Year 2005 must be retained until
Fiscal Year 2011 expires, and so on).
Each air carrier that collects security
service fees from more than 50,000
passengers annually is also required
under 49 CFR 1510.15 to submit to TSA
an annual independent audit, performed
by an independent certified public
accountant, of its security service fee
activities and accounts. Although, the
annual independent audit requirements
were suspended January 23, 2003 (68 FR
3192), TSA conducts its own audits of
the air carriers (49 CFR 1510.19).
TSA is seeking renewal of this
collection to require air carriers to
continue submitting the quarterly
reports to TSA, and to retain the
information for a six-year rolling period.
This requirement includes retaining the
source information for the quarterly
reports remitted to TSA, and the
calculations and allocations performed
to remit reports to TSA. Should the
auditing requirement be reinstated, the
requirement would include information
and documents reviewed and prepared
for the independent audit. Although
TSA suspended the independent audits,
TSA conducts audits of the air carriers,
and therefore, requires air carriers to
retain and provide the same information
as required for the quarterly reports and
independent audits. TSA estimates 105
carriers of the 196 total respondent
domestic and foreign air carriers would
be responsible for this audit should the
requirement be reinstated.
Number of Respondents: 196.
Estimated Annual Burden Hours: An
estimated 2884 hours annually.
Issued in Arlington, Virginia, on July 21,
2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05–14818 Filed 7–26–05; 8:45 am]
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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)
Transportation Security
Administration, DHS.
ACTION: Notice to establish a system of
records; request for comments.
AGENCY:
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 https://dms.dot.gov.
You also may submit comments through
the Federal eRulemaking portal at
https://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.
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)
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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(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 https://
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
https://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
(https://dms.dot.gov/search);
(2) Accessing the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA’s Law and Policy
Web page at https://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
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43443
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,
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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
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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 occupationallyrelated 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
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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.
Issued in Arlington, Virginia, on July 21,
2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05–14819 Filed 7–26–05; 8:45 am]
RETENTION AND DISPOSAL:
BILLING CODE 4910–62–P
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.
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Cameron Prairie National Wildlife
Refuge
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of the
Draft Comprehensive Conservation Plan
and Environmental Assessment for
Cameron Prairie National Wildlife
Refuge in Cameron Parish, Louisiana.
AGENCY:
SUMMARY: The notice announces that a
Draft Comprehensive Conservation Plan
and Environmental Assessment for
Cameron Prairie National Wildlife
Refuge is now available for review and
comment. The National Wildlife Refuge
System Administration Act of 1966, as
amended by the National Wildlife
Refuge System Improvement Act of
1997, requires the Service to develop a
comprehensive conservation plan for
each national wildlife refuge. The
purpose in developing a comprehensive
conservation plan is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, plans identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation and photography,
and environmental education and
interpretation.
Proposed goals for the refuge include:
• Preserving, restoring, and
enhancing diverse habitats to provide
favorable conditions for migratory and
native wildlife species;
• Maintaining healthy and viable
native fish and wildlife populations on
the refuge to contribute to the purpose
for which it was established and to the
mission of the National Wildlife Refuge
System;
• Providing opportunities for safe,
quality, compatible, wildlife-dependent
public use and recreation, which
includes hunting, fishing, wildlife
observation, wildlife photography, and
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environmental education and
interpretation;
• Protecting cultural resources in
accordance with Federal and state
historic preservation legislation and
regulations; and
• Developing and maintaining the
Southwest Louisiana National Wildlife
Refuge Complex Headquarters in a
manner that supports, directs, and
manages the needs, resources, and staff
of Cameron Prairie, Sabine, and
Lacassine National Wildlife Refuges.
Also available for review are the draft
compatibility determinations for:
recreational fishing; recreational
hunting; environmental education and
interpretation; wildlife observation and
photography; commercial alligator
harvest; commercially guided wildlife
viewing, photography, environmental
education, and interpretation; research
and monitoring; commercial video and
photography; adjacent property access;
and beneficial use of dredge material.
Proposed Action
The proposed action is to adopt and
implement a 15-year comprehensive
conservation plan for management that
best achieves the refuge’s purpose,
vision, and goals; contributes to the
National Wildlife Refuge System
mission; addresses the significant issues
and relevant mandates; and is consistent
with principles of sound fish and
wildlife management. The Service
analyzed three alternatives for future
management and chose Alternative B as
the one to best achieve all of these
elements.
Alternatives
The draft comprehensive conservation
plan and environmental assessment
evaluates three alternatives for
managing the refuge over the next 15
years. These alternatives are briefly
described as follows:
Alternative A represents the status
quo; e.g., no changes from current
management of the refuge. The refuge
would continue with approximately the
same direction, emphases, constraints,
and priorities that have characterized
management decisions and actions in
recent years. Habitats would be
managed under current policies.
Removal of undesirable plants and
animals would occur as funding and
staffing permit. Cultural resources
would be protected at current levels.
Public use opportunities would remain
the same as current levels.
Under Alternative B, the Service’s
proposed action, the quality and
quantity of habitat for wintering
waterfowl would be maximized by
focusing on a more adaptive
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]]>Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43442-43445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14819]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://dms.dot.gov. You also may submit comments
through the Federal eRulemaking portal at https://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
[[Page 43443]]
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 https://
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 https://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 (https://dms.dot.gov/search);
(2) Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/; or
(3) Visiting TSA's Law and Policy Web page at https://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
[[Page 43445]]
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
