Notice of National Transportation Safety Board Public Health Authority Status, 28970-28971 [2014-11579]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES 28970 Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices soliciting comments concerning the following information collections: 1. Title: Court Order Requirements. OMB number: 3095–0038. Agency form number: NA Form 13027. Type of review: Regular. Affected public: Veterans and Former Federal civilian employees, their authorized representatives, state and local governments, and businesses. Estimated number of respondents: 5,000. Estimated time per response: 15 minutes. Frequency of response: On occasion. Estimated total annual burden hours: 1,250 hours. Abstract: The information collection is prescribed by 36 CFR 1233.14. In accordance with rules issued by the Office of Personnel Management, the National Personnel Records Center (NPRC) of the National Archives and Records Administration (NARA) administers Official Personnel Folders (OPF) and Employee Medical Folders (EMF) of former Federal civilian employees. In accordance with rules issued by the Department of Defense (DOD) and the Department of Transportation (DOT), the NPRC also administers military service records of veterans after discharge, retirement, and death, and the medical records of these veterans, current members of the Armed Forces, and dependents of Armed Forces personnel. The NA Form 13027, Court Order Requirements, is used to advise requesters of (1) the correct procedures to follow when requesting certified copies of records for use in civil litigation or criminal actions in courts of law and (2) the information to be provided so that records may be identified. 2. OMB number: 3095–0039. Agency form number: NA Forms 13036, 13042, 13055, and 13075. Type of review: Regular. Affected public: Veterans, their authorized representatives, state and local governments, and businesses. Estimated number of respondents: 79,800. Estimated time per response: 5 minutes. Frequency of response: On occasion (when respondent wishes to request information from a military personnel, military medical, and dependent medical record). Estimated total annual burden hours: 6,650 hours. Abstract: The information collection is prescribed by 36 CFR 1233.18. In accordance with rules issued by the Department of Defense (DOD) and the Department of Transportation (DOT, VerDate Mar<15>2010 17:09 May 19, 2014 Jkt 232001 U.S. Coast Guard), the National Personnel Records Center (NPRC) of the National Archives and Records Administration (NARA) administers military personnel and medical records of veterans after discharge, retirement, and death. In addition, NPRC administers the medical records of dependents of service personnel. When veterans, dependents, and other authorized individuals request information from or copies of documents in military personnel, military medical, and dependent medical records, they must provide on forms or in letters certain information about the veteran and the nature of the request. A major fire at the NPRC on July 12, 1973, destroyed numerous military records. If individuals’ requests involve records or information from records that may have been lost in the fire, requesters may be asked to complete NA Form 13075, Questionnaire about Military Service, or NA Form 13055, Request for Information Needed to Reconstruct Medical Data, so that NPRC staff can search alternative sources to reconstruct the requested information. Requesters who ask for medical records of dependents of service personnel and hospitalization records of military personnel are asked to complete NA Form 13042, Request for Information Needed to Locate Medical Records, so that NPRC staff can locate the desired records. Certain types of information contained in military personnel and medical records are restricted from disclosure unless the veteran provides a more specific release authorization than is normally required. Veterans are asked to complete NA Form 13036, Authorization for Release of Military Medical Patient Records, to authorize release to a third party of a restricted type of information found in the desired record. Dated: May 14, 2014. Swarnali Haldar, Acting Executive for Information Services/ CIO. Name: Site visit review of the Cornell High Energy Synchrotron Source (CHESS) at Cornell University by the Division of Materials Research (DMR) #1203. Dates and Times: July 9, 2014; 8:00 a.m.–8:00 p.m. July 10, 2014; 8:00 a.m.–4:00 p.m. Place: Cornell University, Ithaca, NY. Type of Meeting: Part open. Contact Person: Dr. Thomas Rieker, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292– 4914. Purpose of Meeting: To provide advice and recommendations concerning operations and management of the CHESS facility at Cornell. Agenda: Wednesday, July 9, 2014 8:00 a.m.–9:45 a.m. Closed—Executive session 9:45 a.m.–4:45 p.m. Open—Presentations 4:45 p.m.–6:00 p.m. Closed—Executive session Thursday, July 10, 2014 8:30 a.m.–4:00 p.m. Closed—Executive session, Draft and Review Report Reason for Closing: The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the facility. These matters are exempt under 5 U.S.C. 552 b(c), (4) and (6) of the Government in the Sunshine Act. Date: May 15, 2014. Suzanne Plimpton, Acting Committee Management Officer. [FR Doc. 2014–11619 Filed 5–19–14; 8:45 am] BILLING CODE 7555–01–P NATIONAL TRANSPORTATION SAFETY BOARD Notice of National Transportation Safety Board Public Health Authority Status [FR Doc. 2014–11547 Filed 5–19–14; 8:45 am] National Transportation Safety Board (NTSB). ACTION: Notice. BILLING CODE 7515–01–P SUMMARY: NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub., L. 92– 463 as amended), the National Science Foundation announces the following meeting: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 AGENCY: The NTSB is publishing this notice to inform health care providers, including hospitals, health plans, and other health organizations, of the NTSB’s status as a ‘‘public health authority’’ under the health care privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 314–6080. SUPPLEMENTARY INFORMATION: E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices I. Background The NTSB is an independent Federal agency with statutory responsibility for investigating and determining the probable causes of all civil aviation and certain railroad, highway, marine, hazardous materials, and pipeline accidents and incidents. See 49 U.S.C. 1116, 1131. Through its comprehensive public reports on transportation accidents and incidents and safety recommendations, the NTSB protects and promotes public health and safety by helping prevent recurrences of accidents and injuries to the hundreds of millions of Americans who travel or are employed in the nation’s channels of transportation each year. The NTSB has issued more than 13,000 safety recommendations since its establishment in 1967. The NTSB possesses statutory authority to obtain information in investigations by subpoena and ‘‘may inspect any record, process, control, or facility related to an accident investigation.’’ Id. §§ 1113(a)(1), 1134(a)(2). The NTSB may also ‘‘order an autopsy to be performed and have other tests made when necessary to investigate an accident.’’ Id. § 1134(f)(1). In any accident investigation, NTSB staff obtains relevant information through a variety of means, including voluntary measures, subpoenas, and testimony at public investigative hearings. emcdonald on DSK67QTVN1PROD with NOTICES II. HIPAA Privacy Rule Congress enacted HIPAA (Pub. L. 104–191, 110 Stat. 1936 (1996)) to create and strengthen national standards for the privacy of Americans’ health information, among several other major purposes. In response to a mandate in section 264(c)(1) of HIPAA, the U.S. Department of Health and Human Services (HHS) in 2000 finalized a set of regulatory requirements to protect health information privacy. See Standards for Privacy of Individually Identifiable Health Information, 65 FR 82462 (Dec. 28, 2000), as amended, 78 FR 5566 (Jan 25, 2013). These requirements, described collectively as the HIPAA Privacy Rule (Privacy Rule) and codified in relevant part at 45 CFR parts 160 and 164, govern uses and disclosures of individuals’ health information by ‘‘covered entities’’: health care providers, health plans, and health care clearinghouses. 45 CFR 160.103. The Privacy Rule generally limits a covered entity’s ability to disclose an individual’s protected health information to another person. See id. § 164.502(a). An exception to this VerDate Mar<15>2010 17:09 May 19, 2014 Jkt 232001 general prohibition expressly permits a covered entity to disclose protected health information without the individual’s authorization or opportunity to object to a public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions. . . . Id. § 164.512(b)(1)(i). The Privacy Rule defines a ‘‘public health authority’’ as an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is responsible for public health matters as part of its official mandate. Id. § 164.501. In the preamble to the final Privacy Rule, HHS described the definition of ‘‘public health authority’’ as a ‘‘broad’’ definition, commensurate with a ‘‘broad Congressional mandate [in HIPAA] not to interfere with current public health practices’’ under State public health laws. 65 FR 82624. III. NTSB Public Health Authority Status The NTSB is a public health authority for purposes of the HIPAA Privacy Rule. HHS specifically cited the NTSB as an example of a public health authority in the preamble to a notice of proposed rulemaking (NPRM) on the Privacy Rule in 1999; the preamble included the NTSB in an illustrative list of several ‘‘government agencies and entities [that] carry out public health activities in the course of their missions.’’ Standards for Privacy of Individually Identifiable Health Information, 64 FR 59918, 59956 (Nov. 3, 1999). The definition of ‘‘public health authority’’ adopted in the final rule does not differ in any relevant respect from the definition contemplated in the NPRM.1 In the 14 years since publication of the final Privacy Rule, the NTSB’s status as a public health authority has facilitated the Board’s access to information that substantially assisted the Board in 1 In relevant part, the final rule modified the proposed definition of ‘‘public health authority’’ ‘‘slightly to clarify that a ‘public health authority’ also includes a person or entity acting under a grant of authority from or contract with a public health agency.’’ 65 FR 82497. The final rule also added language to the provision authorizing disclosures to a public health authority to permit disclosures to a foreign government agency acting in collaboration with a public health authority. See 65 FR 82525. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 28971 issuing safety recommendations that prevented accidents and injuries and saved lives. Moreover, as HHS noted in the NPRM, NTSB’s activities, by design, ‘‘reduce mortality and injury by making recommendations for safety improvements,’’ 64 FR 59956, and fall well within the ambit of public health activities conducted ‘‘for the purpose of preventing or controlling . . . injury,’’ 45 CFR 164.512(b)(1)(i). NTSB investigations thoroughly examine causal and contributing factors in transportation accidents and incidents, including human factors such as fatigue among crewmembers, so regulators, transportation operators, and other stakeholders may implement appropriate measures to prevent the accidents and incidents from recurring. NTSB investigations also examine the nature and extent of accident victims’ injuries so that the Board may issue appropriate recommendations to improve the crashworthiness of transportation vehicles and to improve accidents’ survivability. Finally, the NTSB examines emergency responses to transportation accidents to identify measures that could mitigate injuries and prevent deaths in the future. Dated: May 14, 2014. Christopher A. Hart, Acting Chairman. [FR Doc. 2014–11579 Filed 5–19–14; 8:45 am] BILLING CODE P NUCLEAR REGULATORY COMMISSION [Docket No. NRC–2014–0089] Agency Information Collection Activities: Proposed Collection; Comment Request Nuclear Regulatory Commission. ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget (OMB) and solicitation of public comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB’s approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: SUMMARY: E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28970-28971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11579]


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NATIONAL TRANSPORTATION SAFETY BOARD


Notice of National Transportation Safety Board Public Health 
Authority Status

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice.

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SUMMARY: The NTSB is publishing this notice to inform health care 
providers, including hospitals, health plans, and other health 
organizations, of the NTSB's status as a ``public health authority'' 
under the health care privacy requirements of the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA).

FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 
314-6080.

SUPPLEMENTARY INFORMATION:

[[Page 28971]]

I. Background

    The NTSB is an independent Federal agency with statutory 
responsibility for investigating and determining the probable causes of 
all civil aviation and certain railroad, highway, marine, hazardous 
materials, and pipeline accidents and incidents. See 49 U.S.C. 1116, 
1131. Through its comprehensive public reports on transportation 
accidents and incidents and safety recommendations, the NTSB protects 
and promotes public health and safety by helping prevent recurrences of 
accidents and injuries to the hundreds of millions of Americans who 
travel or are employed in the nation's channels of transportation each 
year. The NTSB has issued more than 13,000 safety recommendations since 
its establishment in 1967.
    The NTSB possesses statutory authority to obtain information in 
investigations by subpoena and ``may inspect any record, process, 
control, or facility related to an accident investigation.'' Id. 
Sec. Sec.  1113(a)(1), 1134(a)(2). The NTSB may also ``order an autopsy 
to be performed and have other tests made when necessary to investigate 
an accident.'' Id. Sec.  1134(f)(1). In any accident investigation, 
NTSB staff obtains relevant information through a variety of means, 
including voluntary measures, subpoenas, and testimony at public 
investigative hearings.

II. HIPAA Privacy Rule

    Congress enacted HIPAA (Pub. L. 104-191, 110 Stat. 1936 (1996)) to 
create and strengthen national standards for the privacy of Americans' 
health information, among several other major purposes. In response to 
a mandate in section 264(c)(1) of HIPAA, the U.S. Department of Health 
and Human Services (HHS) in 2000 finalized a set of regulatory 
requirements to protect health information privacy. See Standards for 
Privacy of Individually Identifiable Health Information, 65 FR 82462 
(Dec. 28, 2000), as amended, 78 FR 5566 (Jan 25, 2013). These 
requirements, described collectively as the HIPAA Privacy Rule (Privacy 
Rule) and codified in relevant part at 45 CFR parts 160 and 164, govern 
uses and disclosures of individuals' health information by ``covered 
entities'': health care providers, health plans, and health care 
clearinghouses. 45 CFR 160.103.
    The Privacy Rule generally limits a covered entity's ability to 
disclose an individual's protected health information to another 
person. See id. Sec.  164.502(a). An exception to this general 
prohibition expressly permits a covered entity to disclose protected 
health information without the individual's authorization or 
opportunity to object to a

public health authority that is authorized by law to collect or 
receive such information for the purpose of preventing or 
controlling disease, injury, or disability, including, but not 
limited to, the reporting of disease, injury, vital events such as 
birth or death, and the conduct of public health surveillance, 
public health investigations, and public health interventions. . . .

Id. Sec.  164.512(b)(1)(i). The Privacy Rule defines a ``public health 
authority'' as

an agency or authority of the United States, a State, a territory, a 
political subdivision of a State or territory, or an Indian tribe, 
or a person or entity acting under a grant of authority from or 
contract with such public agency, including the employees or agents 
of such public agency or its contractors or persons or entities to 
whom it has granted authority, that is responsible for public health 
matters as part of its official mandate.

Id. Sec.  164.501. In the preamble to the final Privacy Rule, HHS 
described the definition of ``public health authority'' as a ``broad'' 
definition, commensurate with a ``broad Congressional mandate [in 
HIPAA] not to interfere with current public health practices'' under 
State public health laws. 65 FR 82624.

III. NTSB Public Health Authority Status

    The NTSB is a public health authority for purposes of the HIPAA 
Privacy Rule. HHS specifically cited the NTSB as an example of a public 
health authority in the preamble to a notice of proposed rulemaking 
(NPRM) on the Privacy Rule in 1999; the preamble included the NTSB in 
an illustrative list of several ``government agencies and entities 
[that] carry out public health activities in the course of their 
missions.'' Standards for Privacy of Individually Identifiable Health 
Information, 64 FR 59918, 59956 (Nov. 3, 1999). The definition of 
``public health authority'' adopted in the final rule does not differ 
in any relevant respect from the definition contemplated in the 
NPRM.\1\ In the 14 years since publication of the final Privacy Rule, 
the NTSB's status as a public health authority has facilitated the 
Board's access to information that substantially assisted the Board in 
issuing safety recommendations that prevented accidents and injuries 
and saved lives.
---------------------------------------------------------------------------

    \1\ In relevant part, the final rule modified the proposed 
definition of ``public health authority'' ``slightly to clarify that 
a `public health authority' also includes a person or entity acting 
under a grant of authority from or contract with a public health 
agency.'' 65 FR 82497. The final rule also added language to the 
provision authorizing disclosures to a public health authority to 
permit disclosures to a foreign government agency acting in 
collaboration with a public health authority. See 65 FR 82525.
---------------------------------------------------------------------------

    Moreover, as HHS noted in the NPRM, NTSB's activities, by design, 
``reduce mortality and injury by making recommendations for safety 
improvements,'' 64 FR 59956, and fall well within the ambit of public 
health activities conducted ``for the purpose of preventing or 
controlling . . . injury,'' 45 CFR 164.512(b)(1)(i). NTSB 
investigations thoroughly examine causal and contributing factors in 
transportation accidents and incidents, including human factors such as 
fatigue among crewmembers, so regulators, transportation operators, and 
other stakeholders may implement appropriate measures to prevent the 
accidents and incidents from recurring. NTSB investigations also 
examine the nature and extent of accident victims' injuries so that the 
Board may issue appropriate recommendations to improve the 
crashworthiness of transportation vehicles and to improve accidents' 
survivability. Finally, the NTSB examines emergency responses to 
transportation accidents to identify measures that could mitigate 
injuries and prevent deaths in the future.

    Dated: May 14, 2014.
Christopher A. Hart,
Acting Chairman.
[FR Doc. 2014-11579 Filed 5-19-14; 8:45 am]
BILLING CODE P