[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23075-23077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10220]


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NATIONAL TRANSPORTATION SAFETY BOARD


Privacy Act of 1974 System of Records Notice

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice to establish a new Privacy Act System of Records.

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SUMMARY: The NTSB is notifying the public about a new Privacy Act 
System of Records for its Medical Investigation Catalog System 
(MEDICS). MEDICS maintains personally identifiable health information 
that the NTSB collects in electronic form about individuals involved in 
transportation accidents and incidents that the NTSB investigates.

DATES: This action will be effective without further notice 30 days 
from the date of publication in the Federal Register, unless the NTSB 
receives comments that result in a contrary determination.

ADDRESSES: You may send written comments using any of the following 
methods:
    1. Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    2. Mail: Mail comments concerning this notice to Melba D. Moye, 
CIO-40, National Transportation Safety Board, 490 L'Enfant Plaza SW., 
Washington, DC 20594-2000.
    3. Virtual Fax: (202) 558-4290, Attention: Melba D. Moye.
    4. Hand Delivery: 6th Floor, National Transportation Safety Board, 
CIO-40, 490 L'Enfant Plaza SW., Washington, DC, between 9 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.
    All comments received will be available for public inspection at 
the above address.

FOR FURTHER INFORMATION CONTACT: Melba D. Moye, Office of Chief 
Information Officer, Records Management Division, (202) 314-6551.
PRIVACY ACT SYSTEM OF RECORDS:

Medical Investigation Catalog System (MEDICS) NTSB-33

SYSTEM NAME:
    Medical Investigation Catalog System (MEDICS).

SYSTEM LOCATION:
    National Transportation Safety Board, Office of Research and 
Engineering, 490 L'Enfant Plaza SW., Washington, DC 20594.

[[Page 23076]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    MEDICS records contain personally identifiable information (PII), 
which may include health information as defined below, of individuals 
such as operators, crewmembers, occupants, and bystanders involved in 
transportation accidents or incidents investigated or studied by the 
NTSB, as well as related PII of individuals responsible for providing 
their medical care.

CATEGORIES OF RECORDS IN THE SYSTEM:
    MEDICS contains electronically recorded PII, including health 
information, which means any information that--
    (A) Is created or received by a health care provider, health plan, 
public health authority, employer, life insurer, school or university, 
or health care clearinghouse; and
    (B) Relates to the past, present, or future physical or mental 
health or condition of an individual; the provision of health care to 
an individual; or the past, present, or future payment for the 
provision of health care to an individual.
    MEDICS may also contain electronically recorded health information, 
as described by paragraph B above, from individuals, families, or other 
entities, whether created or received by or from one of the entities 
described in paragraph A above. For the NTSB's purposes, this includes 
any record of medical conditions or care, for example, notes from a 
health care provider; medical certification documentation such as 
Federal Aviation Administration blue ribbon files and commercial 
driver's license long forms; results of any drug or toxicology tests; 
radiology images; autopsy reports; laboratory reports; prehospital 
patient care reports; ambulance run sheets or patient care reports; 
pharmacy records; billing and insurance information; results from a 
search of a prescription monitoring program; and any other official 
record related to an individual's health care.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 49 United States Code (U.S.C.) Chapter 11 and Title 49 Code 
of Federal Regulations (CFR) Parts 802 and 831.

PURPOSE(S):
    The purpose of MEDICS is to securely receive and store health 
information records. The NTSB is an independent federal agency 
responsible for determining the probable cause of transportation 
accidents or incidents, conducting transportation safety research, 
promoting transportation safety, and assisting victims of 
transportation accidents and their families. In support of the agency's 
statutory mandate, NTSB investigators, medical officers, and staff 
routinely review health information records to assess the facts and 
circumstances of an accident or incident.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USES, AND THE PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under the Privacy Act, 5 
U.S.C. 552a(b), and described in the NTSB's Appendix A: General Routine 
Uses Applicable to All Systems of Records (currently published at 77 
Federal Register 62060, 62087 on October 11, 2012), the NTSB may 
disclose information contained in this system of records without the 
consent of the subject individual if the disclosure is compatible with 
the purpose for which the record was collected under the following 
routine uses:
    1. Disclosure to NTSB employees in their official capacity and who 
have a need to know in the course of an ongoing official NTSB activity, 
including, but not limited to the following duties:
    a. Providing assistance to victims of transportation accidents and 
their families;
    b. performing analysis as part of any special study or 
investigation about transportation safety, including avoiding personal 
injury; and
    c. examining techniques and methods of investigation and 
periodically publishing recommended procedures for accident and 
incident investigations.
    2. Disclosure to participants in NTSB investigations, with suitable 
technical expertise as determined by the NTSB, to assist in 
establishing the facts and circumstances of investigations. 
Participants may include suitable technical representatives from 
operators or manufacturers involved in accidents or incidents as well 
as representatives from federal, state, and local agencies;
    3. Disclosure to medical consultants or contractors as appropriate 
to enable consultation related to the investigation;
    4. Disclosure when necessary to the public of as part of the 
evidentiary record or as part of an agency report in an investigation 
or study pursuant to 49 U.S.C. Chapter 11;
    5. Disclosure of autopsy and toxicology reports to the US 
Department of Transportation, the US Coast Guard, and other federal 
departments or agencies; and
    6. Disclosure 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
    These records are maintained electronically in a database. Only 
NTSB personnel may access the health information of individuals whose 
medical conditions or medical care may be relevant to determining the 
probable cause of an accident or incident, to evaluate human 
performance or survival factors issues arising during an accident or 
incident investigation, as part of the victim and family assistance 
process following an accident or incident, to carry out special studies 
and investigations about transportation safety (including avoiding 
personal injury), or to examine techniques and methods of accident or 
incident investigation, and periodically publish recommended procedures 
for accident or incident investigations.

RETRIEVABILITY:
    The MEDICS system is searchable by NTSB accident or incident 
number; accident city; accident state; accident country; and individual 
name, age, and date of birth.

SAFEGUARDS:
    The computerized records contained within MEDICS are maintained in 
a secure, password-protected computer system. Access to and use of 
these records are limited to those persons whose official duties 
require such access. This system conforms to all applicable federal 
laws and regulations, as well as NTSB policies and standards, as they 
relate to information security and data privacy. In this regard, the 
following laws and regulations may apply: The Privacy Act of 1974; the 
Federal Information Security Management Act of 2002; the Computer Fraud 
and Abuse Act of 1986; the Health Insurance Portability and 
Accountability Act of 1996 (HIPAA); the E-Government Act of 2002; and 
corresponding regulations implementing these statutes. The NTSB is a 
public health authority for purposes of HIPAA, 79 Federal Register 
28970, May 20, 2014.

[[Page 23077]]

RETENTION AND DISPOSAL:
    The NTSB will maintain all relevant and necessary PII records, 
including health information, until a record disposal schedule is 
approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Medical Officer, Office of Research and Engineering, National 
Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC 
20594.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire about whether this system of records 
contains information about them may contact the Chief, Records 
Management Division, National Transportation Safety Board, 490 L'Enfant 
Plaza SW., Washington, DC 20594. Individuals must comply with NTSB 
regulations regarding the Privacy Act, 49 CFR Part 802, and must 
furnish the following information for their records to be located and 
identified:
    1. Full name(s)
    2. Date of birth
    3. If known, the date and location of the accident, incident, or 
occurrence, or the NTSB investigation identifier(s) for the 
investigation(s) in which the NTSB created or obtained the record
    4. Signature

RECORD ACCESS PROCEDURE:
    Same as the Notification Procedure.

CONTESTING RECORD PROCEDURE:
    a. Individuals wishing to amend their records should contact the 
agency office identified in the Notification Procedure section and 
furnish such identifying information as required by the agency to 
locate and identify the records to be amended.
    b. Individuals seeking amendment of their records must also follow 
the agency's Privacy Act regulations, 49 CFR Part 802.
    c. Where the requested amendment implicates information provided by 
a third-party source, the agency will refer the individual to the 
source from which the agency obtained the information. The NTSB is not 
authorized to amend records from non-agency sources. Additionally, the 
NTSB is not authorized to direct a non-agency source to change or alter 
records.
    d. Because medical practitioners may provide differing but equally 
valid medical judgments and opinions when making medical evaluations of 
an individual's health status, review of requests from individuals 
seeking amendment of their medical records, beyond administrative 
correction such as association of a medical record with an incorrect 
individual, may be limited to consideration of including the differing 
opinion in the record rather than attempting to determine whether the 
original opinion is accurate.

RECORD SOURCE CATEGORIES:
    Health information is obtained from health care providers, 
insurers, employers, individuals, and family members of accident 
victims. The NTSB may also obtain health information from other 
federal, state, and local agencies that perform criminal, civil, or 
accident investigations or regulatory oversight.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: May 15, 2017.
LaSean R. McCray,
Assistant Federal Register Liaison Officer.
[FR Doc. 2017-10220 Filed 5-18-17; 8:45 am]
BILLING CODE 7533-01-P