[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43442-43445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14819]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2005-21956]


Privacy Act of 1974: System of Records; Safety Information System 
(SIS)

AGENCY: Transportation Security Administration, DHS.

ACTION: Notice to establish a system of records; request for comments.

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SUMMARY: The Transportation Security Administration (TSA) is 
establishing one new system of records under the Privacy Act of 1974, 
the Safety Information System (SIS) (DHS/TSA 020). TSA will maintain 
this system to provide an information source to comply with the 
occupational health and safety recordkeeping and reporting requirements 
of the Department of Labor, Occupational Safety and Health 
Administration (OSHA).

DATES: Submit comments by August 26, 2005.

ADDRESSES: You may submit comments, identified by TSA docket number to 
this document, using any one of the following methods:
    Comments Filed Electronically: You may submit comments through the 
docket Web site at http://dms.dot.gov. You also may submit comments 
through the Federal eRulemaking portal at http://www.regulations.gov.
    Comments Submitted by Mail, Fax, or In Person: Address or deliver 
your written, signed comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001; Fax: 202-493-2251.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: Lisa S. Dean, Privacy Officer, Office 
of Transportation Security Policy, TSA-9, 601 South 12th Street, 
Arlington, VA 22202-4220; telephone (571) 227-3947; facsimile (571) 
227-2555.

SUPPLEMENTARY INFORMATION:

Comments Invited

    TSA invites interested persons to participate by submitting written 
comments, data, or views. See ADDRESSES above for information on where 
to submit comments.
    With each comment, please include your name and address, identify 
the docket number at the beginning of your comments, and give the 
reason for each comment. The most helpful comments

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reference a specific portion of the rulemaking, explain the reason for 
any recommended change, and include supporting data. You may submit 
comments and material electronically, in person, by mail, or fax as 
provided under ADDRESSES, but please submit your comments and material 
by only one means. If you submit comments by mail or delivery, submit 
them in two copies, in an unbound format, no larger than 8.5 by 11 
inches, suitable for copying and electronic filing.
    If you want TSA to acknowledge receipt of your comments submitted 
by mail, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.
    TSA will file in the public docket all comments received by TSA, 
except for comments containing confidential information and sensitive 
security information (SSI),\1\ TSA will consider all comments received 
on or before the closing date for comments and will consider comments 
filed late to the extent practicable. The docket is available for 
public inspection before and after the comment closing date.
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    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Confidential or Proprietary Information and Sensitive 
Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, or SSI to the public regulatory 
docket. Please submit such comments separately from other comments on 
the document. Comments containing this type of information should be 
appropriately marked as containing such information and submitted by 
mail to the address listed in FOR FURTHER INFORMATION CONTACT section.
    Upon receipt of such comments, TSA will not place the comments in 
the public docket and will handle them in accordance with applicable 
safeguards and restrictions on access. TSA will hold them in a separate 
file to which the public does not have access, and place a note in the 
public docket that TSA has received such materials from the commenter. 
If TSA receives a request to examine or copy this information, TSA will 
treat it as any other request under the Freedom of Information Act 
(FOIA) (5 U.S.C. 552) and the Department of Homeland Security's (DHS') 
FOIA regulation found in 6 CFR part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review the applicable Privacy Act Statement published in the Federal 
Register on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov.
    You may review the comments in the public docket by visiting the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office is located on the plaza level of 
the Nassif Building at the Department of Transportation address, 
previously provided under ADDRESSES. Also, you may review public 
dockets on the Internet at http://dms.dot.gov.

Availability of Document

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html; or
    (3) Visiting TSA's Law and Policy Web page at http://www.tsa.gov 
and accessing the link for ``Law and Policy'' at the top of the page.
    In addition, copies are available by writing or calling the office 
in the FOR FURTHER INFORMATION CONTACT section. Make sure to identify 
the docket number of this notice.

Background

    On November 26, 2004 (69 FR 68793), the Occupational Safety and 
Health Administration (OSHA) issued a final rule amending the 
occupational injury and illness recording and reporting requirements 
applicable to Federal agencies. This final rule makes the Federal 
sector's recordkeeping and reporting requirements essentially identical 
to the private sector's by adopting applicable OSHA recordkeeping 
provisions for Federal agencies. In addition to ensuring that injuries 
and illnesses suffered by all groups of employees are recorded, the 
final rule is intended to: Produce more useful injury and illness 
records; collect better information about the incidence of occupational 
injuries and illnesses at the establishment level; create reporting and 
recording criteria that are consistent among Federal agencies; enable 
injury and illness comparisons between the Federal and private sectors; 
and promote improved employee awareness and involvement in the 
recording and reporting of job-related injuries and illnesses. The 
final rule will also assist in achieving the stated goal of Executive 
Order (E.O.) 12196 (45 FR 12769, Feb. 27, 1980) that Federal agencies 
comply with all OSHA standards, and generally, assure worker protection 
in a manner comparable to the private sector.
System of Records
DHS/TSA 020

System name:
    Safety Information System (SIS).

Security classification:
    Unclassified.

System locations:
    TSA's Information Technology contractor maintains and stores 
official records in electronic form on secure servers at their office 
locations. TSA occupational safety and health personnel may access the 
official records from their individual workstations at TSA field 
locations or Headquarters offices at 601 South 12th Street, Arlington, 
VA 22202-4220.

Categories of individuals covered by the system:
    TSA employees and contractors under direct supervision of TSA, who 
are involved in or report an incident resulting in an occupationally-
caused injury, illness, or death; employees and contractors involved in 
or reporting incidents not resulting in, but having the potential to 
have caused damage, injury, or death; employees and contractors (or 
their survivors) who file a claim for benefits under the Federal 
Employees' Compensation Act; and employees and contractors who report 
unsafe or unhealthful working conditions.

Categories of records in the system:
    Records may include: Reports of occupational injuries and 
illnesses; workers' compensation claims information filed by, or on 
behalf of, injured employees or contractors; medical bill payment 
records; notes of telephone conversations conducted in connection with 
claims; general information relating to the status of vocational and/or 
medical rehabilitation. Specific data elements may include personally 
identifying information, such as: Name, Social Security Number, birth 
date, gender,

[[Page 43444]]

home address, occupation, and salary (for employees of the Department 
only); date and location of the incident; and information received from 
various investigative agencies.

Authorities for maintenance of the system:
    5 U.S.C. 301, 7902; 29 U.S.C. 651 et seq.; 49 U.S.C. 114; E.O. 
12196 (45 FR 12769, Feb. 27, 1980), 3 CFR, 1980 Comp., p. 145; 29 CFR 
part 1960.

Purpose(s):
    TSA will use this system to:
    (1) Provide an information source for compliance with the 
Occupational Safety and Health Act and other legal requirements;
    (2) Provide a documented record of job-related incidents, injuries, 
and illnesses for measuring safety and health programs' effectiveness;
    (3) Provide summary data of accident, injury, and illness 
information to TSA and DHS management in a number of formats for 
analytical purposes in establishing programs to reduce or eliminate 
loss producing hazards or conditions; and
    (4) Use as a reference when adjudicating tort and employee claims.
    TSA will use the summary data of occupational injuries or illnesses 
maintained in this system for analytical purposes to improve TSA's 
accident prevention policies, procedures, standards, and operations, as 
well as ensure internal data quality assurance.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) To the appropriate Federal, State, local, tribal, territorial, 
foreign, or international agency responsible for investigating, 
prosecuting, enforcing, or implementing a statute, rule, regulation, or 
order, where TSA becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    (2) To contractors, grantees, experts, consultants, or other like 
persons, when necessary, to perform a function or service related to 
this system of records for which they have been engaged. Such 
recipients are required to comply with the Privacy Act, 5 U.S.C. 552a, 
as amended.
    (3) To a Federal, State, local, tribal, territorial, foreign, or 
international agency, where such agency has requested information 
relevant or necessary for the hiring or retention of an individual, or 
the issuance of a security clearance, license, contract, grant, or 
other benefit.
    (4) To a Federal, State, local, tribal, territorial, foreign, or 
international agency, if necessary, to obtain information relevant to a 
TSA decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, license, contract, grant, or other 
benefit.
    (5) To third parties during the course of an investigation into any 
matter associated with an occupationally-related accident, injury, or 
illness, to the extent necessary to obtain information pertinent to the 
investigation.
    (6) To the Department of Justice (DOJ) or other Federal agency for 
purposes of conducting litigation or proceedings before any court, 
adjudicative or administrative body, when (a) DHS, or (b) any employee 
of DHS in his/her official capacity, or (c) any employee of DHS in his/
her individual capacity where DOJ or DHS has agreed to represent the 
employee, or (d) the United States or any agency thereof, is a party to 
the litigation or proceeding, or has an interest in such litigation or 
proceeding.
    (7) To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual.
    (8) To the National Archives and Records Administration or other 
appropriate Federal agency, in records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (9) To any agency or instrumentality charged under applicable law 
with the protection of the public health or safety under exigent 
circumstances where the public health or safety is at risk.
    (10) To the Department of Justice, United States Attorney's Office, 
or other appropriate Federal agency for further collection action on 
any delinquent debt when circumstances warrant, or to a debt collection 
agency for the purpose of debt collection.
    (11) To prepare periodic statistical reports on employees' health 
and injury status for transmission to and review by the Department of 
Labor;
    (12) To the Secretary of Labor or an authorized representative 
under duly promulgated regulations;
    (13) To the Office of Personnel Management, Merit Systems 
Protection Board, Equal Employment Opportunity Commission, and/or 
similar agencies as required to litigate or otherwise process 
individual claims;
    (14) To physicians, the Department of Labor, various state 
departments of labor and industry groups, and contractors who use 
information to: (a) Ascertain suitability of an employee for job 
assignments with regard to health (b) provide benefits under Federal 
programs or contracts, and (c) maintain a record of occupational 
injuries or illnesses and the performance of regular diagnostic and 
treatment services to patients.
    (15) To doctors, pharmacies, and other health care providers for 
the purpose of treating the injured party investigating the claim, 
conducting medical examinations, physical rehabilitation or other 
services, or obtaining medical evaluations.
    (16) To public or private rehabilitation agencies to whom the 
injured party has been referred for vocational rehabilitation services 
so that they may properly evaluate the injured party's experience, 
physical limitations and future employment capabilities.
    (17) To Federal, state, and local agencies conducting similar or 
related investigations to verify whether prohibited dual benefits were 
provided, whether benefits have been or are being paid properly, 
including whether dual benefits prohibited by Federal law are being 
paid; and salary offset and debt collection procedures including those 
actions required by the Debt Collection Act of 1982.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Contractors maintain and store official records in electronic form 
in the system location office. Employees or contractors designated to 
enter and access data create and update the information on their 
individual workstations, and make it accessible to TSA occupational 
safety and health personnel.

Retrievability:
    Personnel may retrieve data records electronically stored by 
employee name, social security number or other personal identifier, or 
case number; and paper records, where applicable, by case number or 
alphabetically by name. TSA field offices will access and retrieve 
information maintained in the system pertaining only to employees under 
their supervision. TSA Headquarters personnel responsible for 
administration of the Occupational Safety and Health program will have 
access to SIS data.

Safeguards:
    Information in this system is protected from unauthorized access 
through appropriate administrative, physical, and technical safeguards. 
Unauthorized personnel are denied physical access to the location where 
records are stored. For computerized records, safeguards are in 
accordance

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with generally acceptable information security guidelines via use of 
security codes, passwords, Personal Identification Numbers (PINs), and 
other similar safeguards.

Retention and disposal:
    Employee case files are destroyed when 30 years old in accordance 
with TSA Records Schedule 2400 et seq. Computer files are deleted after 
the expiration of the retention period authorized for the disposal of 
the hard copy file or when no longer needed, whichever is later.

System manager(s) and address:
    Director, Occupational Safety, Health, and Environment, Office of 
Administration, TSA-17, 701 South 12th Street, Arlington, VA 22202-
4220.

Notification procedure:
    To determine if this system contains a record relating to you, 
write to the system manager at the address indicated above and provide 
your full name, current address, date of birth, place of birth, and a 
description of information that you seek, including the time frame 
during which the record(s) may have been generated. You may also 
provide your social security number or other unique identifier(s), but 
you are not required to do so. Individuals requesting access must 
comply with the Department of Homeland Security's Privacy Act 
regulations on verification of identity (6 CFR 5.21(d)).

Record access procedure:
    Same as ``Notification procedure'' above.

Contesting record procedure:
    Same as ``Notification procedure'' above.

Record source categories:
    (1) The individual or their representative;
    (2) Their dependents;
    (3) Witnesses;
    (4) Employing agency;
    (5) Medical personnel and institutions;
    (6) Departmental Records;
    (7) Office of Workers' Compensation Program;
    (8) Office of Personnel Management;
    (9) State and Federal records;
    (10) Motor Vehicle Accident Reports (SF-91); and
    (11) Excerpts of police reports, witness statements, and general 
correspondence.

Exemptions claimed for the system:
    None.

    Issued in Arlington, Virginia, on July 21, 2005.
Lisa S. Dean,
Privacy Officer.
[FR Doc. 05-14819 Filed 7-26-05; 8:45 am]
BILLING CODE 4910-62-P