Privacy Act of 1974; Department of Homeland Security Accident Records System of Records, 71661-71664 [E8-28057]
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Some records are retained and
disposed of in accordance with the
National Archives and Records
Administration’s General Records
Schedule 12 (Communications Records).
Other records are retained and disposed
of in accordance with General Records
Schedule 1. Files may be retained for up
to three years or less depending on the
record. For records that may be used in
litigation, the files related to that
litigation will be retained for three years
after final court adjudication.
SYSTEM MANAGER AND ADDRESS:
For Headquarters components of the
Department of Homeland Security, the
System Manager is the Director of
Departmental Disclosure, Department of
Homeland Security, Washington, DC
20528. For components of the
Department of Homeland Security, the
System Manager can be found at
https://www.dhs.gov/foia under
‘‘contacts.’’
jlentini on PROD1PC65 with NOTICES
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her the
individual may submit the request to
the Chief Privacy Officer, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0550,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
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statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) will not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from affected individuals/
organizations, public source data, other
government agencies and/or information
already in other DHS records systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28053 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0005]
Privacy Act of 1974; Department of
Homeland Security Accident Records
System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
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71661
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security is
giving notice that it proposes to
consolidate two legacy record systems:
Treasury/CS.002-Accident Reports
(October 18, 2001), Treasury/CS.151Motor Vehicle Accident Reports
(October 18, 2001), and is no longer
depending upon the DOE–38,
Occupational and Industrial Accident
Records (June 28, 1995) system of
records. The Department of Homeland
Security is issuing a Department-wide
system of records to cover accident
records. This system will allow the
Department of Homeland Security to
collect and maintain records that
concern individuals, both Department
employees and non-employees, who
have been injured on Department
property, or while performing their
official duties. Categories of individuals,
categories of records, routine uses and
exemptions of these legacy system of
records notices have been consolidated
and updated to better reflect the
Department’s accident record systems.
Additionally, a Notice of Proposed
Rulemaking will be published
elsewhere in the Federal Register
concurrent with this System of Records.
This consolidated system, titled
Accident Records, will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 26, 2008. This new system
will be effective December 26, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0005 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Hugo Teufel III (703–
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
that concern individuals, both DHS
employees and non-employees, who
have been injured on DHS property, or
while performing their official duties.
As part of its efforts to streamline and
consolidate its records systems, DHS is
establishing a consolidated system of
records under the Privacy Act (5 U.S.C.
552a) for these accident records. This
will ensure that all components of DHS
follow the same privacy rules for
collecting and maintaining accident
records. The collection and
maintenance of this information will
assist DHS in meeting its obligation to
address accident claims for which the
agency may be responsible.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
record notices, DHS is giving notice that
it proposes to consolidate two legacy
record systems: Treasury/CS.002Accident Reports (66 FR 52984 October
18, 2001), Treasury/CS.151-Motor
Vehicle Accident Reports (66 FR 52984
October 18, 2001), and is no longer
depending on DOE–38, Occupational
and Industrial Accident Records (60 FR
33510 June 28, 1995) system of records.
DHS is issuing a DHS-wide system of
records to cover accident records. This
system will allow DHS to collect and
maintain records that concern
individuals, both DHS employees and
non-employees, who have been injured
on DHS property, or while performing
their official duties. Categories of
individuals, categories of records,
routine uses and exemptions of these
legacy system of records notices have
been consolidated and updated to better
reflect the Department’s accident record
systems. Additionally, a Notice of
Proposed Rulemaking will be published
elsewhere in the Federal Register
concurrent with this System of Records.
This consolidated system, titled
Accident Records, will be included in
the Department of Homeland Security’s
inventory of record systems.
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II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and legal
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
Accident Records System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget (OMB) and to
Congress.
contractors and non-employees who
have been injured on DHS property, or
while performing their official duties.
DHS employees or other individuals
who file claims seeking benefits under
the Federal Employee Compensation
Act File (FECA) are covered by DOL/
GOVT–1 Workers’ Compensation
Programs, Federal Employee
Compensation Act File, and are not
included in this DHS system.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Injured person’s name;
• Individual’s age;
• Job title;
• Length of employment and current
position;
• Employee classification;
• Home address;
• Telephone number;
• Accident and investigation reports;
• Accident and/or report number;
• Date of accident;
• Place of accident;
• Nature of accident;
• Operator license;
• Insurance information;
• Description of injury;
• Description of vehicles involved
(title, make, year, license number,
driver), if applicable;
• Type of treatment given;
• Description of the damaged
property;
• Root cause analysis;
• Safety and health programs
involved;
• Records of injuries and illnesses;
• Physicians’ reports;
• Incident analysis;
• Short-term and long-term
preventive actions taken;
• Correspondence involving
insurance claims; and
• Witness, suspect, subject
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
System of Records:
Department of Homeland Security
Accident Records
5 U.S.C. 301; The Federal Records
Act, 44 U.S.C. 3101; Section 19 of
Occupational Health & Safety Act of
1970; 5 U.S.C. 8101–8150, 8191–8193;
Executive Order 11807.
SECURITY CLASSIFICATION:
PURPOSE(S):
DHS/ALL–006
SYSTEM NAME:
Unclassified.
SYSTEM LOCATION:
Records are maintained at several
Headquarters locations and in
component offices of DHS, in both
Washington, DC, and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include DHS employees or
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The purpose of this system is to
document accidents that occur on DHS
property or while an employee or
contractor is on official duty.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where the
Department of Justice or DHS has agreed
to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. 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 to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. §§ 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
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F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To the employee’s beneficiary in
the event of death following the
accident or injury or to the employee’s
agent in case of disability.
I. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or in response
to a subpoena from a court of competent
jurisdiction.
J. To third parties during the course
of law enforcement investigation to the
extent necessary to obtain information
pertinent to the investigation, provided
disclosure is appropriate to the proper
performance of the official duties of the
officer making the disclosure.
K. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations for the purpose of
protecting the vital interests of a data
subject or other persons, including to
assist such agencies or organizations in
preventing exposure to or transmission
of a communicable or quarantinable
disease or to combat other significant
public health threats; appropriate notice
will be provided of any identified health
threat or risk.
L. To Department of Labor for
processing and adjudicating claims
under the Federal Employee’s
Compensation Act or other workmen’s
compensation claims.
M. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
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71663
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
accident and/or report number, and/or
date of accident.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Records are destroyed six years after
a case is closed, in accordance with
National Archives and Records
Administration General Records
Schedule 10, Item 5.
SYSTEM MANAGER AND ADDRESS:
For Headquarters and components of
DHS, the System Manager is the
Director of Departmental Disclosure,
Department of Homeland Security,
Washington, DC 20528. For components
of DHS, the System Manager can be
found at https://www.dhs.gov/foia under
‘‘contacts.’’
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
this system of records, or seeking to
contest its content, may submit a
request in writing to the Headquarters or
component’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her the individual may submit the
request to the Chief Privacy Officer,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR Part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification Procedure’’ above.
CONTESTING RECORD PROCEDURES:
jlentini on PROD1PC65 with NOTICES
See ‘‘Notification Procedure’’ above.
RECORD SOURCE CATEGORIES:
Information originates with
individuals, including employees and
contractors, who have been injured on
DHS property or while excising their
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17:01 Nov 24, 2008
Jkt 217001
official duties. Police reports, witness
reports, statements from employees’
supervisors, doctors’ reports, reports of
investigations conducted DHS, and/or
insurance claims may also be included.
Supplementary Information section as
being available in the docket may be
viewed in our online docket, USCG–
2008–1144 at https://
www.regulations.gov.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
FOR FURTHER INFORMATION CONTACT:
The Secretary of Homeland Security
has exempted this system from
subsections (d) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(3).
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28057 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2008–1144]
Towing Safety Advisory Committee;
Notice of Open Teleconference
Meeting
Coast Guard, DHS.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: This notice announces a
teleconference of the Towing Safety
Advisory Committee (TSAC). The
purpose of this teleconference is for
TSAC to discuss and vote on three
documents/issues: (1) Task Statement
08–02 regarding clarification of the
Apprentice Mate (Steersman) license;
(2) the revised report of the Economic
Analysis sub-group of the Towing
Vessel Inspection Working Group; and
(3) a revised Resolution from the
Commercial/Recreational Boating
Interface Working Group.
DATES: The teleconference call will take
place on Tuesday December 16, 2008,
from 12:30 p.m. until 2:30 p.m. Eastern
Time. The meeting may close early if all
business is finished. Requests to make
oral presentations should reach the
Coast Guard on or before December 9,
2008.
Committee members and
the public may participate by dialing 1–
877–950–5410; when prompted, enter
participant passcode 9876776 followed
by the [#] key. Public participation is
welcomed; however, the number of
teleconference lines is limited and
available on a first-come, first-served
basis. Members of the public may also
participate by coming to Room 1303,
U.S. Coast Guard Headquarters, 2100
Second Street, SW., Washington, DC
20593–0001. This Notice and
documents identified in the
ADDRESSES:
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For
questions on this notice, contact Mr.
Gerald Miante, Assistant Designated
Federal Officer (ADFO), TSAC,
telephone 202–372–1401, fax 202–372–
1926, or e-mail
gerald.p.miante@uscg.mil.
SUPPLEMENTARY INFORMATION: TSAC
advises, consults with, and makes
recommendations to the Secretary DHS
on matters relating to shallow-draft
inland and coastal waterway navigation
and towing safety. Notice of this
meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
2 (Pub. L. 92–463). The subject
documents are available on the Internet
at www.regulations.gov under the
docket number USCG–2008–1144. Once
on the Web site, enter the docket
number, and click ‘‘Go.’’
Agenda of Meeting
• Welcome and Opening Remarks—
TSAC Chairman.
• Discussion and voting on the
revision and acceptance of draft Task
Statement 08–02 ‘‘Apprentice Mate’’
(Steersman).
• Discussion and voting on the
approval of a Supplementary Report
from the Economic Analysis Subgroup.
• Discussion and voting on the
approval of a revised resolution from
the Commercial/Recreational Boating
Interface Working Group.
• Public comment period (as time
permits).
• Meeting adjourned.
Procedural
This meeting is open to the public.
Please note that the meeting may
adjourn early if all business is finished.
At the Chair’s discretion, members of
the public may make oral presentations
during the meeting. If you would like to
make an oral presentation at the
meeting, please notify Mr. Miante no
later than December 9, 2008. Written
material for distribution at a meeting
should reach the Coast Guard no later
than December 9, 2008. If you would
like a copy of your material distributed
to each member of the committee in
advance of a meeting, please submit
material electronically via e-mail to the
ADFO no later than December 9, 2008.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
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]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71661-71664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28057]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0005]
Privacy Act of 1974; Department of Homeland Security Accident
Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security is
giving notice that it proposes to consolidate two legacy record
systems: Treasury/CS.002-Accident Reports (October 18, 2001), Treasury/
CS.151-Motor Vehicle Accident Reports (October 18, 2001), and is no
longer depending upon the DOE-38, Occupational and Industrial Accident
Records (June 28, 1995) system of records. The Department of Homeland
Security is issuing a Department-wide system of records to cover
accident records. This system will allow the Department of Homeland
Security to collect and maintain records that concern individuals, both
Department employees and non-employees, who have been injured on
Department property, or while performing their official duties.
Categories of individuals, categories of records, routine uses and
exemptions of these legacy system of records notices have been
consolidated and updated to better reflect the Department's accident
record systems. Additionally, a Notice of Proposed Rulemaking will be
published elsewhere in the Federal Register concurrent with this System
of Records. This consolidated system, titled Accident Records, will be
included in the Department of Homeland Security's inventory of record
systems.
DATES: Submit comments on or before December 26, 2008. This new system
will be effective December 26, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0005 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at https://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Hugo Teufel III (703-
[[Page 71662]]
235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the collection and maintenance of records that concern
individuals, both DHS employees and non-employees, who have been
injured on DHS property, or while performing their official duties.
As part of its efforts to streamline and consolidate its records
systems, DHS is establishing a consolidated system of records under the
Privacy Act (5 U.S.C. 552a) for these accident records. This will
ensure that all components of DHS follow the same privacy rules for
collecting and maintaining accident records. The collection and
maintenance of this information will assist DHS in meeting its
obligation to address accident claims for which the agency may be
responsible.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of record notices,
DHS is giving notice that it proposes to consolidate two legacy record
systems: Treasury/CS.002-Accident Reports (66 FR 52984 October 18,
2001), Treasury/CS.151-Motor Vehicle Accident Reports (66 FR 52984
October 18, 2001), and is no longer depending on DOE-38, Occupational
and Industrial Accident Records (60 FR 33510 June 28, 1995) system of
records. DHS is issuing a DHS-wide system of records to cover accident
records. This system will allow DHS to collect and maintain records
that concern individuals, both DHS employees and non-employees, who
have been injured on DHS property, or while performing their official
duties. Categories of individuals, categories of records, routine uses
and exemptions of these legacy system of records notices have been
consolidated and updated to better reflect the Department's accident
record systems. Additionally, a Notice of Proposed Rulemaking will be
published elsewhere in the Federal Register concurrent with this System
of Records. This consolidated system, titled Accident Records, will be
included in the Department of Homeland Security's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the Accident Records
System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget (OMB)
and to Congress.
System of Records:
DHS/ALL-006
System Name:
Department of Homeland Security Accident Records
Security Classification:
Unclassified.
System Location:
Records are maintained at several Headquarters locations and in
component offices of DHS, in both Washington, DC, and field locations.
Categories of Individuals Covered by the System:
Categories of individuals covered by this system include DHS
employees or contractors and non-employees who have been injured on DHS
property, or while performing their official duties. DHS employees or
other individuals who file claims seeking benefits under the Federal
Employee Compensation Act File (FECA) are covered by DOL/GOVT-1
Workers' Compensation Programs, Federal Employee Compensation Act File,
and are not included in this DHS system.
Categories of Records in the System:
Categories of records in this system include:
Injured person's name;
Individual's age;
Job title;
Length of employment and current position;
Employee classification;
Home address;
Telephone number;
Accident and investigation reports;
Accident and/or report number;
Date of accident;
Place of accident;
Nature of accident;
Operator license;
Insurance information;
Description of injury;
Description of vehicles involved (title, make, year,
license number, driver), if applicable;
Type of treatment given;
Description of the damaged property;
Root cause analysis;
Safety and health programs involved;
Records of injuries and illnesses;
Physicians' reports;
Incident analysis;
Short-term and long-term preventive actions taken;
Correspondence involving insurance claims; and
Witness, suspect, subject information.
Authority for Maintenance of the System:
5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; Section 19
of Occupational Health & Safety Act of 1970; 5 U.S.C. 8101-8150, 8191-
8193; Executive Order 11807.
Purpose(s):
The purpose of this system is to document accidents that occur on
DHS property or while an employee or contractor is on official duty.
Routine uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information
[[Page 71663]]
contained in this system may be disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where the
Department of Justice or DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. 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 to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. Sec. Sec. 2904 and
2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To the employee's beneficiary in the event of death following
the accident or injury or to the employee's agent in case of
disability.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
J. To third parties during the course of law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
K. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk.
L. To Department of Labor for processing and adjudicating claims
under the Federal Employee's Compensation Act or other workmen's
compensation claims.
M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, accident and/or report number,
and/or date of accident.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and Disposal:
Records are destroyed six years after a case is closed, in
accordance with National Archives and Records Administration General
Records Schedule 10, Item 5.
System Manager and Address:
For Headquarters and components of DHS, the System Manager is the
Director of Departmental Disclosure, Department of Homeland Security,
Washington, DC 20528. For components of DHS, the System Manager can be
found at https://www.dhs.gov/foia under ``contacts.''
Notification Procedure:
Individuals seeking notification of and access to any record
contained in
[[Page 71664]]
this system of records, or seeking to contest its content, may submit a
request in writing to the Headquarters or component's FOIA Officer,
whose contact information can be found at https://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record Access Procedures:
See ``Notification Procedure'' above.
Contesting Record Procedures:
See ``Notification Procedure'' above.
Record Source Categories:
Information originates with individuals, including employees and
contractors, who have been injured on DHS property or while excising
their official duties. Police reports, witness reports, statements from
employees' supervisors, doctors' reports, reports of investigations
conducted DHS, and/or insurance claims may also be included.
Exemptions Claimed for the System:
The Secretary of Homeland Security has exempted this system from
subsections (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(3).
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28057 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P
