Privacy Act of 1974, as Amended; Amendment of an Existing System of Records, 26254-26257 [E9-12623]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Notices]
[Pages 26254-26257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12623]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Privacy Act of 1974, as Amended; Amendment of an Existing System 
of Records

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed Amendment of an Existing Privacy Act System of Records 
Notice.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Department of the Interior (Department) is 
issuing a public notice of its intent to amend an existing Privacy Act 
system of records notice, entitled, Interior, BIA-2 ``Safety Management 
Information System.'' One of the revisions is to change the name of the 
system to BIA-2, ``Safety Records System (SRS).'' The amendments will 
also update the existing notice and include a new group of information 
which will be collected as a result of new policy. The new information 
is a result of documentation required to issue a Motor Vehicle 
Operation

[[Page 26255]]

Authorization Card. Other changes to Interior BIA-2 include updating 
data in the following fields: System Locations, Categories of 
Individuals Covered by the System, Categories of Records in the System, 
Routine Uses of Records Maintained in the System, Categories of Users 
and the Purposes of Such Uses, System Manager, and Retention and 
Disposal.

DATES: Comments must be received by July 13, 2009.

ADDRESSES: Mail or hand-deliver comments to: Indian Affairs Privacy 
Officer, 625 Herndon Parkway, Herndon, Virginia 20170, or by e-mail to 
Joan.Tyler@bia.gov.

FOR FURTHER INFORMATION CONTACT: Paul J. Holley, Bureau Safety Manager, 
Bureau of Indian Affairs (BIA), Office of Facilities, Environmental and 
Cultural Resources, Division of Safety and Risk Management, 1011 Indian 
School Road, NW., Suite 331, Albuquerque, New Mexico 87104, or by e-
mail to: paul.holley@bia.gov.

SUPPLEMENTARY INFORMATION: The BIA maintains the Safety Records System. 
The information collected for this system is to be used to provide 
complete recordkeeping on qualified motor vehicle operators in the BIA 
and the Bureau of Indian Education (BIE), employee and other individual 
accidents or incidents, Federal employees' compensation claims and 
adjudication of tort claims filed against BIA and BIE. Information in 
this system of records is necessary to comply with BIA safety 
management, motor vehicle safety policy, and issuance of Motor Vehicle 
Operation Authorization Identification Cards. The purpose of the name 
change is to differentiate this system from another system maintained 
by the Department with the same name.
    Under 5 U.S.C. 552a(e)(11), the public must be provided with a 30-
day period in which to comment on the agency's intended use of the 
information in the system of records. The Office of Management and 
Budget (OMB), in its Circular A-130, requires an additional 10-day 
period (for a total of 40 days) in which to make comments. Comments 
must be received by the date specified in the DATES section of this 
notice. Comments received within 40 days of publication in the Federal 
Register will be considered. The system will be effective as proposed 
at the end of the comment period unless comments are received which 
would require a contrary determination. The Department will publish a 
revised notice if changes are made based upon a review of comments 
received. A copy of the notice, with changes incorporated follows.
    Before including your address, telephone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Dated: March 26, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and Economic Development.
INTERIOR/BIA-2

System name:
    Safety Records System--Interior, BIA-2.

System location:
    Motor Vehicle Authorization Card information may be located with 
managers and supervisors in offices of Indian Affairs (BIA and BIE). 
This and other Safety Record System information is located with the 
Chief, Division of Safety and Risk Management, 1011 Indian School Road, 
NW., Suite 331, Albuquerque, New Mexico 87104, and regional Safety 
Managers and Safety Officers listed below in the System Manager 
section.

Categories of individuals covered by the system:
    (1) Employee and contractor operators and incidental operators of a 
privately owned or leased, or government owned or leased motor vehicle 
and equipment; (2) Federal employees and contractors who have had an 
accident or an incident; (3) Injured employees and contractors who 
submit claims for medical attention or loss of earning capability due 
to on-the-job injury; and (4) Individuals filing tort claims against 
the United States government.

Categories of records in the system:
    (1) Documents supporting the issuance of Motor Vehicle Operators 
Authorization Cards to employees such as driver tests, authorization to 
use, safe driving award and correspondence, forms for authorization and 
driving records history; (2) Reports of accident/incident by agency 
region, name of person involved and Social Security Number; (3) 
Employee claims case files pertaining to claims submitted to the Office 
of Workmen's Compensation; (4) Case files with supporting documents 
pertaining to tort claims filed by an individual against the United 
States government; (5) Records concerning individuals which have arisen 
as a result of that individual's misuse of or damage to government-
owned or government-leased motor vehicles, other equipment/facilities, 
and salary overpayments as a result of misuse of leave relating to 
Office of Workmen's Compensation claims deemed to be invalid; and (6) 
Records relating to individual employee operation of government-owned 
vehicles, including driver tests, authorization to use, safe driving 
awards, and related correspondence.

Authority for maintenance of the system:
    5 U.S.C. 7902; 28 U.S.C. 2671-2680; 31 U.S.C. 242-243.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The primary use of the records is to provide complete recordkeeping 
on qualified motor vehicle operators in BIA and BIE, employee and other 
individual accidents or incidents, Federal employees' compensation 
claims and adjudication of tort claims.

Disclosures of these records outside the Department of the Interior 
will be limited to:
    (1)(a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any Department employee acting in his or her individual 
capacity if the Department or DOJ has agreed to represent that employee 
or pay for private representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) Department or any component of the Department;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any Department employee acting in his or her official capacity;
    (D) Any Department employee acting in his or her individual 
capacity if Department or DOJ has agreed to represent that employee or 
pay for private representation of the employee;
    (E) The United States, when DOJ determines that the Department is 
likely to be affected by the proceeding; and
    (ii) The Department deems the disclosure to be:

[[Page 26256]]

    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (2) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, State, territorial, local, Tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (4) To an official of another Federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (5) To Federal, State, territorial, local, Tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (6) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (7) To State and local governments and Tribal organizations to 
provide information needed in response to court order and/or discovery 
purposes related to litigation, when the disclosure is compatible with 
the purpose for which the records were compiled.
    (8) To an expert, consultant, or contractor (including employees of 
the contractor) of the Department that performs services requiring 
access to these records on Department's behalf to carry out the 
purposes of the system.
    (9) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, identity theft or fraud, or harm to the security or integrity 
of this system or other systems or programs (whether maintained by the 
Department or another agency or entity) that rely upon the compromised 
information; and
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (10) To OMB during the coordination and clearance process in 
connection with legislative affairs as mandated by OMB Circular A-19.
    (11) To the Department of the Treasury to recover debts owed to the 
United States.
    (12) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.
    (13) To a consumer reporting agency if the disclosure requirements 
of the Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have 
been met.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Manual--Paper files.

Retrievability:
    (a) Indexed alphabetically by name of employee, and (b) Retrieved 
by manual search.

Safeguards:
    Information in this system is maintained with controls meeting 
safeguard requirements identified in Departmental Privacy Act 
Regulations (43 CFR 2.51, Assuring the Integrity of Records) for manual 
record systems. Access to records is limited to authorized personnel 
whose official duties require such access and bureau officials have 
access only to records pertaining to their office and immediate 
employees. All BIA, BIE, and contractor employees with access to this 
system are required to complete annual Privacy Act, Records Management 
Act, and Security Training.

Retention and disposal:
    (1) Records relating to individual employee operation of 
Government-owned vehicles, including driver tests, authorization to 
use, safe driving awards, and related correspondence are retained in 
accordance with National Archives and Records Administration's General 
Records Schedule 10.7; and (2) Records related to safety management are 
retained in accordance with General Record Schedules 10 (Item 50), 18 
(Item 11), and 20.

System manager(s) and address:
    Contact the Safety Manager or Safety Officer in one of the 
following offices in which the information resides:
    (1) Central Office West: Chief, Division of Safety and Risk 
Management, Bureau of Indian Affairs, 1011 Indian School Road, NW., 
Suite 331, Albuquerque, New Mexico 87104;
    (2) Great Plains Region: Bureau of Indian Affairs, 115 4th Avenue 
SE., Aberdeen, South Dakota 57401;
    (3) Rocky Mountain Region: Bureau of Indian Affairs, 316 North 26th 
Street, Billings, Montana 59101;
    (4) Navajo Region: Bureau of Indian Affairs, P.O. Box 1060, Gallup, 
New Mexico 87301;
    (5) Southwest Region: Bureau of Indian Affairs, 1001 Indian School 
Road NW., Albuquerque, New Mexico 87104;
    (6) Eastern Region: Bureau of Indian Affairs, 545 Marriott Drive, 
Suite 700, Nashville, Tennessee 37214;
    (7) Southern Plains Region: Bureau of Indian Affairs, P.O. Box 368, 
Anadarko, Oklahoma 73005;
    (8) Alaska Region: Bureau of Indian Affairs, P.O. Box 25520, 
Juneau, Alaska 99802-5520;
    (9) Western Region: Bureau of Indian Affairs, 400 North 5th Street, 
2 AZ Center, 12th Floor, Phoenix, Arizona 85004;
    (10) Central Office East: Bureau of Indian Affairs, 2051 Mercator 
Drive, Reston, Virginia 20191;
    (11) Midwest Region: Bureau of Indian Affairs, One Federal Drive, 
Room 550, Ft. Snelling, Minneapolis 55111-4007;
    (12) Pacific Region: Bureau of Indian Affairs, 2800 Cottage Way, 
Sacramento, California 95825;
    (13) Haskell Indian Nations University: 155 Indian Avenue 5004, 
Lawrence, Kansas 66046;
    (14) Northwest Region: Bureau of Indian Affairs, 911 NE. 11th 
Avenue, Portland, Oregon 97232-4169; and
    (15) Eastern Oklahoma Region: Bureau of Indian Affairs, P.O. Box 
8002, Muskogee, Oklahoma 74401.

Notification procedure:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
Systems Manager identified above. The request envelope and letter 
should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for 
notification must meet the requirements of 43 CFR 2.60.

Record access procedures:
    An individual requesting records on himself or herself should send 
a signed, written inquiry to the Systems Manager identified above. The 
request should

[[Page 26257]]

describe the records sought as specifically as possible. The request 
envelope and letter should both be clearly marked ``PRIVACY ACT REQUEST 
FOR ACCESS.'' A request for access must meet the requirements of 43 CFR 
2.63.

Contesting record procedures:
    An individual requesting corrections or the removal of material 
from his or her records should send a signed, written request to the 
System Manager identified above. A request for corrections or removal 
must meet the requirements of 43 CFR 2.71.

Record source categories:
    Individuals involved in accidents, supervisors of employees 
involved in accidents, supervisors of operations where public visitors 
are involved in accidents, officials responsible for oversight of 
contractors and concessionaires, safety professionals and other 
management officials, and individuals being considered for a Motor 
Vehicle Operation Authorization Card.

Exemptions claimed for the system:
    None.

 [FR Doc. E9-12623 Filed 5-29-09; 8:45 am]
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