Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records, 73135-73138 [2016-25649]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73135-73138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25649]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[16XD4523WS DS64800000 DWSN00000.000000 DP64803]


Privacy Act of 1974; as Amended; Notice To Amend an Existing 
System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of amendment to an existing system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of the Interior is issuing a public notice of 
its intent to amend the Department of the Interior Privacy Act system 
of records, ``Safety Management Information System--Interior, DOI-60'', 
to add new routine uses, update existing routine uses, system manager, 
system location, categories of individuals covered by the system, 
categories of records in the system, authority for maintenance of the 
system, storage, safeguards, retention and disposal, system manager and 
address, notification procedures, records access and contesting 
procedures, and records source categories.

DATES: Comments must be received by November 23, 2016. This amended 
system will be effective November 23, 2016.

ADDRESSES: Any person interested in commenting on this amendment may do 
so by: Submitting comments in writing to Teri Barnett, Departmental 
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW., 
Mail Stop 7456 MIB, Washington, DC 20240; hand-delivering comments to 
Teri Barnett, Departmental Privacy Officer, U.S. Department of the 
Interior, 1849 C Street NW., Mail Stop 7456 MIB, Washington, DC 20240; 
or emailing comments to Privacy@ios.doi.gov.

FOR FURTHER INFORMATION CONTACT: Safety Management Information System 
Program Manager, Office of Occupational Safety and Health, U.S. 
Department of the Interior, 1849 C Street NW., Mail Stop 5559 MIB, 
Washington, DC 20240, or by telephone at (202) 208-5549.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of the Interior (DOI) Office of Occupational Safety 
and Health manages the ``Safety Management Information System--
Interior, DOI-60'' system of records. The purpose of this system is to 
document and monitor injuries or illnesses incurred by DOI employees, 
contractors, volunteers and visitors, in accordance with the Department 
of Labor Occupational Safety and Health Administration regulations and 
requirements. The Safety Management Information System (SMIS) was 
developed in response to the DOI Occupational Safety and Health 
Strategic Plan as a tool for DOI individuals who are injured or who 
file claims seeking benefits under the Federal Employees' Compensation 
Act (FECA), and enables oversight of the DOI Worker's Compensation 
Program. The FECA establishes the system for processing and adjudicated 
claims that Federal employees and other covered individuals file with 
the Department of Labor's Office of Worker's Compensation Program 
(OWCP), seeking monetary, medical and similar benefits for injuries or 
deaths sustained while in the performance of duty. SMIS maintains 
information on accidents, injuries, and illnesses that occur on DOI 
property, and workers' compensation claims; provides summary data of 
injury, illness and property loss information to DOI bureaus and 
offices for analytical purposes to improve accident prevention 
policies, procedure, regulations, standards, and operations;

[[Page 73136]]

and provides listings of individual cases to bureaus and offices to 
ensure that accidents are reported as appropriate. Some records in this 
system may be covered under government-wide system of records, DOL/
GOVT-1, Office of Workers' Compensation Programs, Federal Employees' 
Compensation Act File, published in the Federal Register on January 11, 
2012 (77 FR 1738).
    DOI is publishing this amended notice to reflect updated 
information in the system manager, system location, categories of 
individuals covered by the system, categories of records in the system, 
authority for maintenance of the system, storage, retrievability, 
safeguards, retention and disposal, system manager and address, 
notification procedures, records access and contesting procedures, and 
records source categories. Additionally, DOI is modifying existing 
routine uses to reflect updates consistent with standard DOI routine 
uses, and adding new routine uses to permit sharing of information 
with: (1) The Executive Office of the President to respond to an 
inquiry by the individual to whom that record pertains; (2) the Office 
of Management and Budget (OMB) in relation to legislative affairs 
mandates by OMB Circular A-19; (2) the Department of the Treasury to 
recover debts owed to the United States; (3) the National Archives and 
Records Administration (NARA) to conduct records management 
inspections; (4) Federal, state, territorial, local, tribal, or foreign 
agencies when there is an indication of a violation of law; (5) 
appropriate government agencies and organizations to provide 
information in response to court orders or for discovery purposes 
related to litigation; (6) an expert, consultant, or contractor that 
performs services on DOI's behalf to carry out the purposes of the 
system; (7) another Federal agency to assist that agency in responding 
to an inquiry by the individual to whom that record pertains; (8) the 
Department of Labor, Office of Worker's Compensation Program, to 
provide injury or illness data to process and adjudicate claims for 
compensation; (9) the news media and the public, with approval by the 
Public Affairs Officer and Senior Agency Official for Privacy in 
consultation with Counsel; (10) to a beneficiary in the event of death 
following an accident or injury or to an agent in the case of an 
individual's disability; and (11) to appropriate government agencies or 
organizations for the purpose of protecting public health and 
preventing exposure or transmission of communicable or quarantinable 
disease. DOI last published a system of records notice for SMIS in the 
Federal Register on April 7, 1999 (64 FR 16991) and published an 
amended notice on February 13, 2008 (73 FR 8342).
    The amendments to the system will be effective as proposed at the 
end of the comment period (the comment period will end 30 days after 
the publication of this notice in the Federal Register), unless 
comments are received which would require a contrary determination. DOI 
will publish a revised notice if changes are made based upon a review 
of the comments received.

II. Privacy Act

    The Privacy Act of 1974, as amended, embodies fair information 
practice principles in a statutory framework governing the means by 
which Federal agencies collect, maintain, use, and disseminate 
individuals' personal information. The Privacy Act applies to 
information about individuals 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. The Privacy Act 
defines an individual as a U.S. citizen or lawful permanent resident. 
As a matter of policy, DOI extends administrative Privacy Act 
protections to all individuals. Individuals may request access to their 
own records that are maintained in a system of records in the 
possession or under the control of DOI by complying with DOI Privacy 
Act regulations, 43 CFR part 2, subpart K.
    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, the routine uses of each system 
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 records within the agency. The 
amended ``Safety Management Information System (SMIS), DOI-60'' system 
of records is published in its entirety below.
    In accordance with 5 U.S.C. 552a(r), DOI has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

III. Public Disclosure

    Before including your address, phone number, email 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: October 19, 2016.
Teri Barnett,
Departmental Privacy Officer.
SYSTEM NAME:
    Safety Management Information System (SMIS), DOI-60.

SYSTEM CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are centrally managed at the Office of 
Occupational Safety and Health, U.S. Department of the Interior, 1849 C 
Street NW., Mail Stop 5559 MIB, Washington, DC 20240. This system is 
physically located at the National Park Service, National Information 
Services Center, 12795 West Alameda Parkway, Lakewood, CO 80228.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include DOI employees, 
contractors, vendors, volunteers, and visitors who have accidents, 
injuries or illnesses on DOI property, or who file claims seeking 
benefits under FECA by reason of injuries or illnesses sustained while 
in the performance of official duty.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains records related to accidents, injuries and 
illnesses that occur on DOI property, to employees during the 
performance of their official duties, and the accompanying workers' 
compensation claim files. Records contain information such as name, 
Social Security number, date of birth, date of injury, date of death, 
injury code, gender, home address, personal or work email address, 
summary of accident, injury, or illness, and other information related 
to claims processing, reports of accidents or investigations, and 
remedial actions. Information about workplace accidents, workplace 
injuries or illness, and workers' compensation claims include 
occupation code, Office of Workers' Compensation Program (OWCP) case 
number, OWCP adjudication code, OWCP case status codes, OWCP medical 
costs, OWCP compensation costs, DOI employee salary information, a 
summary of the accident, injury or illness related to the worker's

[[Page 73137]]

compensation claim for analytical purposes, and a descriptive narrative 
about the cause of the accident, injury or illness, and worker's 
compensation claim information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Occupational Safety and Health Act of 1970, Section 19, 29 
U.S.C. 668; Health Service Program, 5 U.S.C. 7901; 31 U.S.C. 3721; 
Basic Program Elements for Federal Employee Occupational Safety and 
Health Programs and Related Matters, 29 CFR 1960; and Executive Order 
12196, Occupational Safety and Health Programs for Federal Employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of this system is to record and maintain 
information on accidents, injuries and illnesses incurred by DOI 
employees, contractors, volunteers and visitors. SMIS maintains 
information on workplace injuries, workplace illness, and workers' 
compensation claims; provides summary data of injury, illness and 
property loss information for analytical purposes to improve accident 
prevention policies, procedure, regulations, standards, and operations; 
provides listings of individual cases to ensure that accidents are 
reported as appropriate; and assist OWCP in the adjudication of 
employee worker's compensation claims.
    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 or 
information contained in this system may be disclosed outside DOI as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    (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 DOI employee acting in his or her individual capacity if 
DOI 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) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (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 the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
for which the records are collected or maintained.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) To state, territorial 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.
    (9) To an expert, consultant, grantee, or contractor (including 
employees of the contractor) of DOI that performs services requiring 
access to these records on DOI's behalf to carry out the purposes of 
the system.
    (10) 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) DOI 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 DOI 
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 DOI's efforts 
to respond to the suspected or confirmed compromise and prevent, 
minimize, or remedy such harm.
    (11) To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative affairs as 
mandated by OMB Circular A-19.
    (12) To the Department of the Treasury to recover debts owed to the 
United States.
    (13) To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with counsel and the Senior 
Agency Official for Privacy, where there exists a legitimate public 
interest in the disclosure of the information, 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.
    (14) To the Department of Labor to provide injury or illness data 
for processing and adjudicating claims under the Federal Employee's 
Compensation Act or workers compensation claims.
    (15) To another Federal agency to assist that agency in responding 
to an inquiry by the individual to whom that record pertains.
    (16) To a beneficiary in the event of death following an accident 
or injury or to an agent in the case of an individual's disability.
    (17) To appropriate Federal, State, tribal, or local, governmental 
agencies or organizations for the purpose of protecting the vital 
interests of persons, including to assist such agencies or 
organizations in preventing exposure to

[[Page 73138]]

or transmission of a communicable or quarantinable disease, to combat 
other significant public health threats, or identify any public health 
threat or risk.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records maintained in paper form are stored in file folders in file 
cabinets at secured DOI facilities. Electronic records are maintained 
in computer servers, computer hard drives, electronic databases, email, 
and electronic media such as removable drives, compact disc, magnetic 
disk, diskette, and computer tapes.

RETRIEVABILITY:
    Information is retrieved by name and OWCP case number.

SAFEGUARDS:
    The records contained in this system are safeguarded in accordance 
with 43 CFR 2.226 and other applicable security and privacy rules and 
policies. During normal hours of operation, paper records are 
maintained in locked file cabinets under the control of authorized 
personnel. Computerized records systems follow the National Institute 
of Standards and Technology privacy and security standards as developed 
to comply with the Privacy Act of 1974, 5 U.S.C. 552a; Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3521; Federal Information 
Security Modernization Act of 2014, 44 U.S.C. 3551-3558; and the 
Federal Information Processing Standards 199: Standards for Security 
Categorization of Federal Information and Information Systems. Computer 
servers on which electronic records are stored are located in secured 
DOI facilities with physical, technical and administrative levels of 
security to prevent unauthorized access to the DOI network and 
information assets. Security controls include encryption, firewalls, 
audit logs, and network system security monitoring.
    Electronic data is protected through user identification, 
passwords, database permissions and software controls. Access to 
records in the system is limited to authorized personnel who have a 
need to access the records in the performance of their official duties, 
and each user's access is restricted to only the functions and data 
necessary to perform that person's job responsibilities. System 
administrators and authorized users are trained and required to follow 
established internal security protocols and must complete all security, 
privacy, and records management training and sign the DOI Rules of 
Behavior. A privacy impact assessment was conducted for SMIS to ensure 
appropriate controls and safeguards are in place to protect the 
information within the system.

RETENTION AND DISPOSAL:
    Records in this system are maintained under Departmental Records 
Schedule (DRS) 1.2A--Short-Term Human Resources, which has been 
approved by NARA (DAA-0048-2013-0001-0004). DRS-1.2A is a Department-
wide records schedule that covers human resources or payroll files, 
including forms, reports, correspondence, and related medical and 
investigatory records concerning on-the-job injuries. The disposition 
for these records is temporary and the records are cut-off on 
termination of compensation or when the deadline for filing a claim has 
passed. Records are destroyed three years after cut-off.
    Records not covered by DRS-1.2A are maintained under DRS-1.1A, 
Short-Term Administration Records (DAA-0048-2013-0001-0001), and 
include investigative case files of fires, explosions, and accidents 
submitted for review and filing in other agencies or organizational 
elements, and reports and related papers concerning occurrences of such 
a minor nature that they are settled locally without referral to other 
organizational elements. The disposition for these records is temporary 
and the records are cut-off at the end of the fiscal year in which the 
records are created. Records are destroyed three years after cut-off.
    Records may be maintained under DRS-1.1B, Long-Term Administration 
Records (DAA-0048-2013-0001-0002), and include records related to motor 
vehicle accidents maintained by transportation offices that may be 
reported in SMIS. The disposition for these records is temporary and 
the records are cut-off at the end of the fiscal year in which files 
are closed. Records are destroyed seven years after cut-off. SMIS 
hardcopy data containing personal information must be disposed of in a 
manner that complies with the Privacy Act of 1974.
    Paper records are disposed of by shredding or pulping, and records 
contained on electronic media are degaussed or erased in accordance 
with the applicable records retention schedule, DOI 384 Departmental 
Manual 1 and NARA guidelines.

SYSTEM MANAGER AND ADDRESS:
    SMIS Program Manager, Office of Occupational Safety and Health, 
U.S. Department of the Interior, 1849 C Street NW., Mail Stop 5559, 
Washington, DC 20240.

NOTIFICATION PROCEDURES:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the 
System 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 2.235.

RECORDS ACCESS PROCEDURES:
    An individual who is requesting records about himself or herself 
should send a signed, written inquiry to the System Manager identified 
above. The request should 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 2.238.

 CONTESTING RECORDS 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 2.246.

RECORD SOURCE CATEGORIES:
    Information is provided by an employee, contractor, volunteer, or 
visitor who have been injured while performing official duties or while 
on DOI property, supervisors of injured employees, DOI safety managers, 
family members of an injured party, personnel records from the DOI 
Federal Personnel Payroll System, and the Department of Labor during 
the course of processing workers' compensation claims.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2016-25649 Filed 10-21-16; 8:45 am]
 BILLING CODE 4334-63-P