83_FR_48645 83 FR 48459 - Privacy Act of 1974; System of Records

83 FR 48459 - Privacy Act of 1974; System of Records

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48459-48461
FR Document2018-20821

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

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48459-48461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20821]


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NATIONAL TRANSPORTATION SAFETY BOARD

[Docket No. NTSB-CIO-2017-0005]


Privacy Act of 1974; System of Records

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice of a new System of Records.

-----------------------------------------------------------------------

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

DATES: Comments are due by October 25, 2018. Unless the NTSB determines 
that comments warrant a revision to the routine uses, new routine uses 
will be applicable October 25, 2018.

ADDRESSES: You may send written comments, identified by docket number 
NTSB-CIO-2017-0005, using any of the following methods:
    1. Federal eRulemaking Portal: 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. 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.
    Instructions: All comments received must contain the agency name 
and docket number for this System of Records. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided.

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

SUPPLEMENTARY INFORMATION: The NTSB first published a System of Records 
Notice for MEDICS on May 19, 2017. 82 FR 23075. The NTSB received and 
incorporated input from the Office of Management and Budget (OMB), and 
it is now re-publishing the SORN.
    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the NTSB 
notes that the descriptions below reference the Chief of the NTSB's 
Records Management Division. Individuals may request access to or 
amendment of records pertaining to themselves by contacting the Chief 
of the NTSB's Records Management Division, or the Chief's designee.
SYSTEM NAME AND NUMBER:
    Medical Investigation Catalog System (MEDICS) NTSB-33.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    National Transportation Safety Board, Office of Chief Information 
Officer, 490 L'Enfant Plaza SW, Washington, DC 20594.

SYSTEM MANAGER(S):
    Chief Medical Officer(s), Office of Research and Engineering, 
National Transportation Safety Board, 490 L'Enfant Plaza SW, 
Washington, DC 20594, (202) 314-6031.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. chapter 11 and 49 CFR parts 802 and 831.

PURPOSE(S) OF THE SYSTEM:
    The purpose of MEDICS is to securely receive and store 
investigative 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 
review health information records to (1) determine the facts or 
circumstances of an accident or incident; (2) determine the probable 
cause of an accident or incident; (3) evaluate human performance or 
survival factors issues arising during an accident or incident 
investigation; (4) provide victim and family assistance following an 
accident or incident; (5) carry out special studies and investigations 
about transportation safety (including avoiding personal injury); and/
or (6) examine techniques and methods of accident or incident 
investigation, and publish recommended procedures for accident or 
incident investigations.

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, 
health care clearinghouse, or federal, state, or local agency; 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; and/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, and

[[Page 48460]]

from accident sites and wreckage. For the NTSB's purposes, health 
information 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 or health care.

RECORD SOURCE CATEGORIES:
    Health information is obtained from health care providers, 
insurers, employers, individuals, family members of accident victims, 
and the accident site and wreckage. The NTSB may also obtain health 
information from other federal, state, or local agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS, AND THE PURPOSES OF SUCH USES:
    In addition to the disclosures permitted under the Privacy Act, 5 
U.S.C. 552a(b), the NTSB is establishing twelve routine uses under 
which the NTSB may disclose records 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.
    1. Records may be disclosed to a participant in an NTSB 
investigation, appointed pursuant to 49 CFR 831.11 to provide suitable 
technical expertise and assist in establishing the facts and 
circumstances of an accident. Participants may include representatives 
from operators or manufacturers involved in accidents or incidents, as 
well as representatives from federal, state, and local agencies. 
Participation is governed by 49 CFR part 831, and section 831.13 
prohibits participants from further disseminating the information.
    2. Records may be disclosed to other medical consultants or 
contractors not named under routine use number 1, as appropriate to 
enable consultation related to an NTSB investigation.
    3. Records may be disclosed to a foreign government agency acting 
as an accredited representative to an NTSB investigation pursuant to 
Annex 13 of the International Convention on Civil Aviation, and any 
technical advisor assisting the accredited representative.
    4. Records may be disclosed to a foreign government agency when the 
NTSB is acting as an accredited representative to the foreign 
government agency's investigation pursuant to Annex 13 of the 
International Convention on Civil Aviation.
    5. Records may be disclosed to the public in a docket or report for 
an accident investigation, or in a safety study report. The NTSB is 
required to inform the public of the facts, circumstances, and probable 
cause of accidents, and to publish findings in safety studies and 
reports. 49 U.S.C. 1116, 1131(e). The NTSB will disclose a record or 
part of a record in a public docket or report only if (1) the subject 
of the record's actions or decision making may have contributed to an 
accident or may be related to a safety hazard; (2) disclosure is 
reasonably necessary to support a finding, conclusion, and/or probable 
cause determination, or safety recommendation; and (3) the NTSB 
determines that the public's and the NTSB's interest in disclosure 
outweighs the individual's privacy interest.
    6. When information indicates a violation or potential violation of 
law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule, or order issued pursuant thereto, records may be 
disclosed to the appropriate agency, whether federal, foreign, state, 
local, or tribal, or other public authority responsible for enforcing, 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute, rule, regulation, or order issued pursuant 
thereto, if the information disclosed is relevant to any enforcement, 
regulatory, investigative or prosecutory responsibility of the 
receiving entity. This routine use allows for disclosures other than 
those provided by the Privacy Act exemption for law enforcement 
activities, 5 U.S.C. 552a(b)(7). The law enforcement exemption requires 
the head of the agency requesting disclosure to make a written request 
specifying the records requested and the relevant law enforcement 
activity. The NTSB must be able to disclose a record relevant to a 
potential violation of law without a request from the agency to whom 
records are disclosed because the NTSB may be the first to discover the 
potential violation of law, and the NTSB must be able to confer with 
other agencies about whether it will relinquish investigative priority 
pursuant to 49 U.S.C. 1131(a)(2).
    7. Records may be disclosed to a federal, foreign, state, local, or 
tribal agency that (1) performs safety related functions; (2) is not a 
participant to an NTSB investigation as described in routine use number 
1; and (3) is not conducting an investigation, enforcement action, or 
prosecution as described in routine use number 6, if the NTSB 
determines that disclosure would enable the receiving agency to take 
corrective action or address a safety risk.
    8. Records may be disclosed to an agency or organization that 
regulates, oversees, licenses, or accredits healthcare providers or 
organizations if the NTSB determines that a provider's conduct or 
decision-making may warrant corrective action or creates a safety risk.
    9. Records may be disclosed to the Department of Justice, or in a 
proceeding before a court, adjudicative body, or other administrative 
body before which the NTSB is authorized to appear, when (1) the NTSB, 
or any component thereof; (2) any employee of the NTSB in his or her 
official capacity; (3) any employee of the NTSB in his or her 
individual capacity whom the Department of Justice or the NTSB has 
agreed to represent; or (4) the United States is a party to litigation 
or has an interest in such litigation, and the NTSB determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is deemed by the NTSB to be for a purpose that is 
compatible with the purpose for which the records were collected.
    10. Records may be disclosed to the National Archives and Records 
Administration or General Services Administration for records 
management inspections conducted under 44 U.S.C. 2904, 2906.
    11. Records may be disclosed to appropriate agencies, entities, and 
persons when (1) the NTSB suspects or has confirmed that there has been 
a breach of the system of records; (2) the NTSB has determined that as 
a result of the suspected or confirmed breach there is a risk of harm 
to individuals, the NTSB (including its information systems, programs, 
and operations), the Federal Government, or national security; and (3) 
the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the NTSB's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    12. Records may be disclosed to another Federal agency or Federal 
entity, when the NTSB determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1)

[[Page 48461]]

responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    MEDICS records are primarily maintained electronically in a 
database. Some paper records may also be kept, and their location will 
be identified in the database. Paper records whose location is 
identified in MEDICS will be secured in a locked file cabinet, a secure 
office, or both, and will be searchable only by NTSB accident 
investigation number, not by PII. Paper records that are uploaded to 
MEDICS are destroyed. The database may be accessed from NTSB approved 
computers. In the future, the database may become accessible from any 
computer that provides for an authorized user's authentication.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Once an authorized user accesses MEDICS with his or her user ID and 
password, the MEDICS system is searchable by NTSB accident or incident 
number, accident city, accident state, accident country, and an 
individual's name, age, and date of birth.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    MEDICS records that are disclosed in the NTSB's public docket 
pursuant to routine use number 5 will be retained permanently. All 
other MEDICS records will be destroyed one year after the conclusion of 
the investigation or safety study to which the record relates, unless 
required to be retained under another record retention statute, 
regulation or court order.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    NTSB headquarters is guarded and monitored by security personnel, 
cameras, a Physical Access Control System (PACS), and other physical 
security measures. The computerized records contained within MEDICS are 
maintained in a secure, password-protected, encrypted computer system. 
Access to and use of these records are limited to NTSB employees and 
contractors whose official duties require such access. NTSB personnel 
may access the records only when access is relevant to (1) determining 
the facts or circumstances of an accident or incident; (2) determining 
the probable cause of an accident or incident; (3) evaluating human 
performance or survival factors issues arising during an accident or 
incident investigation; (4) providing victim and family assistance 
following an accident or incident; (5) carrying out special studies and 
investigations about transportation safety (including avoiding personal 
injury); and/or (6) examining techniques and methods of accident or 
incident investigation, and periodically publishing recommended 
procedures for accident or incident investigations. Electronic records 
are protected from unauthorized access through password identification 
procedures, limited access, firewalls and other system-based protection 
methods. 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. Access is limited by user roles. 
Participants to an investigation may access only the records relevant 
to that accident, while NTSB Medical Officers will have access to all 
records. MEDICS will identify the location of paper records, which will 
be stored in a locked cabinet, a secured office, or both.

RECORD ACCESS PROCEDURE:
    Individuals wishing to access information about themselves in this 
system of records 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.

CONTESTING RECORD PROCEDURE:
    Individuals wishing to amend their records should contact the 
agency office identified in the Record Access Procedure section and 
furnish such identifying information described in that section to 
identify the records to be amended. Individuals seeking amendment of 
their records must also follow the agency's Privacy Act regulations, 49 
CFR part 802. 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. 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.

NOTIFICATION PROCEDURE:
    Individuals wishing to inquire about whether this system of records 
contains information about them may contact the agency office listed in 
the Record Access Procedure section, and provide the identifying 
information described in that section.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    82 FR 23075.

    Dated: September 20, 2018.
Robert L. Sumwalt, III,
Chairman.
[FR Doc. 2018-20821 Filed 9-24-18; 8:45 am]
 BILLING CODE 7533-01-P



                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                            48459

                                               leave or the imposition of any                          the instructions for sending your                     PURPOSE(S) OF THE SYSTEM:
                                               administrative action on the PI or any                  comments electronically.                                 The purpose of MEDICS is to securely
                                               co-PI by the awardee relating to any                       2. Mail: Mail comments concerning                  receive and store investigative health
                                               finding/determination or an                             this notice to Melba D. Moye, CIO–40,                 information records. The NTSB is an
                                               investigation of an alleged violation of                National Transportation Safety Board,                 independent federal agency responsible
                                               awardee policies or codes of conduct,                   490 L’Enfant Plaza SW, Washington, DC                 for determining the probable cause of
                                               statutes, regulations, or executive orders              20594–2000.                                           transportation accidents or incidents,
                                               relating to sexual harassment, other                       3. Fax: (202) 558–4290, Attention:                 conducting transportation safety
                                               forms of harassment, or sexual assault.                 Melba D. Moye.                                        research, promoting transportation
                                                  • Description of the finding/                           4. Hand Delivery: 6th Floor, National              safety, and assisting victims of
                                               determination and action(s) taken, if                   Transportation Safety Board, CIO–40,                  transportation accidents and their
                                               any; and                                                490 L’Enfant Plaza SW, Washington,                    families. In support of the agency’s
                                                  • Reason(s) for, and conditions of,                  DC, between 9 a.m. and 4:30 p.m.,                     statutory mandate, NTSB investigators,
                                               placement of the PI or any co-PI on                     Monday through Friday, except Federal                 medical officers, and staff review health
                                               administrative leave or imposition of                   holidays.                                             information records to (1) determine the
                                               administrative action.                                     Instructions: All comments received                facts or circumstances of an accident or
                                                  Use of the Information: NSF will use                 must contain the agency name and                      incident; (2) determine the probable
                                               the information in consultation with the                docket number for this System of                      cause of an accident or incident; (3)
                                               awardee to determine whether the NSF                    Records. All comments received will be                evaluate human performance or survival
                                               award activities can be carried out as                  posted without change to http://                      factors issues arising during an accident
                                               proposed and in a manner that protects                  www.regulations.gov, including any                    or incident investigation; (4) provide
                                               the safety and security of award                        personal information provided.                        victim and family assistance following
                                               personnel.                                                                                                    an accident or incident; (5) carry out
                                                  Burden on the Public: It has been                    FOR FURTHER INFORMATION CONTACT:                      special studies and investigations about
                                               estimated that respondents will expend                  Melba D. Moye, Office of Chief                        transportation safety (including
                                               an average of one hour to complete the                  Information Officer, Records                          avoiding personal injury); and/or (6)
                                               form.                                                   Management Division, (202) 314–6551.                  examine techniques and methods of
                                                 Dated: September 20, 2018.                            SUPPLEMENTARY INFORMATION: The NTSB                   accident or incident investigation, and
                                               Suzanne H. Plimpton,
                                                                                                       first published a System of Records                   publish recommended procedures for
                                                                                                       Notice for MEDICS on May 19, 2017.                    accident or incident investigations.
                                               Reports Clearance Officer, National Science
                                               Foundation.
                                                                                                       82 FR 23075. The NTSB received and
                                                                                                                                                             CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                       incorporated input from the Office of
                                               [FR Doc. 2018–20836 Filed 9–24–18; 8:45 am]                                                                   SYSTEM:
                                                                                                       Management and Budget (OMB), and it
                                               BILLING CODE 7555–01–P
                                                                                                       is now re-publishing the SORN.                           MEDICS records contain personally
                                                                                                          In accordance with the Privacy Act of              identifiable information (PII), which
                                                                                                       1974, 5 U.S.C. 552a, the NTSB notes                   may include health information as
                                               NATIONAL TRANSPORTATION                                 that the descriptions below reference                 defined below, of individuals such as
                                               SAFETY BOARD                                            the Chief of the NTSB’s Records                       operators, crewmembers, occupants,
                                                                                                       Management Division. Individuals may                  and bystanders involved in
                                               [Docket No. NTSB–CIO–2017–0005]                                                                               transportation accidents or incidents
                                                                                                       request access to or amendment of
                                                                                                       records pertaining to themselves by                   investigated or studied by the NTSB, as
                                               Privacy Act of 1974; System of                                                                                well as related PII of individuals
                                               Records                                                 contacting the Chief of the NTSB’s
                                                                                                       Records Management Division, or the                   responsible for providing their medical
                                               AGENCY:  National Transportation Safety                 Chief’s designee.                                     care.
                                               Board (NTSB).                                                                                                 CATEGORIES OF RECORDS IN THE SYSTEM:
                                               ACTION: Notice of a new System of                       SYSTEM NAME AND NUMBER:
                                                                                                                                                               MEDICS contains electronically
                                               Records.                                                  Medical Investigation Catalog System                recorded PII, including health
                                                                                                       (MEDICS) NTSB–33.                                     information, which means any
                                               SUMMARY:   The NTSB is notifying the
                                                                                                                                                             information that—
                                               public about a new Privacy Act System                   SECURITY CLASSIFICATION:
                                                                                                                                                               (A) Is created or received by a health
                                               of Records for its Medical Investigation                  Unclassified.                                       care provider, health plan, public health
                                               Catalog System (MEDICS). MEDICS
                                                                                                                                                             authority, employer, life insurer, school
                                               includes electronically held personally                 SYSTEM LOCATION:
                                                                                                                                                             or university, health care clearinghouse,
                                               identifiable health information about                     National Transportation Safety Board,               or federal, state, or local agency; and
                                               individuals involved in transportation                  Office of Chief Information Officer, 490                (B) Relates to the past, present, or
                                               accidents and incidents that the NTSB                   L’Enfant Plaza SW, Washington, DC                     future physical or mental health or
                                               investigates.                                           20594.                                                condition of an individual; the
                                               DATES: Comments are due by October                                                                            provision of health care to an
                                               25, 2018. Unless the NTSB determines                    SYSTEM MANAGER(S):
                                                                                                                                                             individual; and/or the past, present, or
                                               that comments warrant a revision to the                   Chief Medical Officer(s), Office of                 future payment for the provision of
                                               routine uses, new routine uses will be                  Research and Engineering, National                    health care to an individual.
daltland on DSKBBV9HB2PROD with NOTICES




                                               applicable October 25, 2018.                            Transportation Safety Board, 490                        MEDICS may also contain
                                               ADDRESSES: You may send written                         L’Enfant Plaza SW, Washington, DC                     electronically recorded health
                                               comments, identified by docket number                   20594, (202) 314–6031.                                information, as described by paragraph
                                               NTSB–CIO–2017–0005, using any of the                                                                          B above, from individuals, families, or
                                               following methods:                                      AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              other entities, whether created or
                                                 1. Federal eRulemaking Portal: Go to                    49 U.S.C. chapter 11 and 49 CFR parts               received by or from one of the entities
                                               http://www.regulations.gov and follow                   802 and 831.                                          described in paragraph A above, and


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                                               48460                     Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               from accident sites and wreckage. For                      4. Records may be disclosed to a                   agency that (1) performs safety related
                                               the NTSB’s purposes, health                             foreign government agency when the                    functions; (2) is not a participant to an
                                               information includes any record of                      NTSB is acting as an accredited                       NTSB investigation as described in
                                               medical conditions or care, for example,                representative to the foreign government              routine use number 1; and (3) is not
                                               notes from a health care provider;                      agency’s investigation pursuant to                    conducting an investigation,
                                               medical certification documentation                     Annex 13 of the International                         enforcement action, or prosecution as
                                               such as Federal Aviation                                Convention on Civil Aviation.                         described in routine use number 6, if
                                               Administration blue ribbon files and                       5. Records may be disclosed to the                 the NTSB determines that disclosure
                                               commercial driver’s license long forms;                 public in a docket or report for an                   would enable the receiving agency to
                                               results of any drug or toxicology tests;                accident investigation, or in a safety                take corrective action or address a safety
                                               radiology images; autopsy reports;                      study report. The NTSB is required to                 risk.
                                               laboratory reports; prehospital patient                 inform the public of the facts,                          8. Records may be disclosed to an
                                               care reports; ambulance run sheets or                   circumstances, and probable cause of                  agency or organization that regulates,
                                               patient care reports; pharmacy records;                 accidents, and to publish findings in                 oversees, licenses, or accredits
                                               billing and insurance information;                      safety studies and reports. 49 U.S.C.                 healthcare providers or organizations if
                                               results from a search of a prescription                 1116, 1131(e). The NTSB will disclose                 the NTSB determines that a provider’s
                                               monitoring program; and any other                       a record or part of a record in a public              conduct or decision-making may
                                               official record related to an individual’s              docket or report only if (1) the subject              warrant corrective action or creates a
                                               health or health care.                                  of the record’s actions or decision                   safety risk.
                                                                                                       making may have contributed to an                        9. Records may be disclosed to the
                                               RECORD SOURCE CATEGORIES:                               accident or may be related to a safety                Department of Justice, or in a
                                                  Health information is obtained from                  hazard; (2) disclosure is reasonably                  proceeding before a court, adjudicative
                                               health care providers, insurers,                        necessary to support a finding,                       body, or other administrative body
                                               employers, individuals, family members                  conclusion, and/or probable cause                     before which the NTSB is authorized to
                                               of accident victims, and the accident                   determination, or safety                              appear, when (1) the NTSB, or any
                                               site and wreckage. The NTSB may also                    recommendation; and (3) the NTSB                      component thereof; (2) any employee of
                                               obtain health information from other                    determines that the public’s and the                  the NTSB in his or her official capacity;
                                               federal, state, or local agencies.                      NTSB’s interest in disclosure outweighs               (3) any employee of the NTSB in his or
                                                                                                       the individual’s privacy interest.                    her individual capacity whom the
                                               ROUTINE USES OF RECORDS MAINTAINED IN THE                  6. When information indicates a                    Department of Justice or the NTSB has
                                               SYSTEM, INCLUDING CATEGORIES OF USERS, AND
                                                                                                       violation or potential violation of law,              agreed to represent; or (4) the United
                                               THE PURPOSES OF SUCH USES:
                                                                                                       whether civil, criminal or regulatory in              States is a party to litigation or has an
                                                  In addition to the disclosures                       nature, and whether arising by general                interest in such litigation, and the NTSB
                                               permitted under the Privacy Act, 5                      statute or particular program statute, or             determines that the records are both
                                               U.S.C. 552a(b), the NTSB is establishing                by regulation, rule, or order issued                  relevant and necessary to the litigation
                                               twelve routine uses under which the                     pursuant thereto, records may be                      and the use of such records is deemed
                                               NTSB may disclose records contained in                  disclosed to the appropriate agency,                  by the NTSB to be for a purpose that is
                                               this system of records without the                      whether federal, foreign, state, local, or            compatible with the purpose for which
                                               consent of the subject individual if the                tribal, or other public authority                     the records were collected.
                                               disclosure is compatible with the                       responsible for enforcing, investigating                 10. Records may be disclosed to the
                                               purpose for which the record was                        or prosecuting such violation or charged              National Archives and Records
                                               collected.                                              with enforcing or implementing the                    Administration or General Services
                                                  1. Records may be disclosed to a                     statute, rule, regulation, or order issued            Administration for records management
                                               participant in an NTSB investigation,                   pursuant thereto, if the information                  inspections conducted under 44 U.S.C.
                                               appointed pursuant to 49 CFR 831.11 to                  disclosed is relevant to any                          2904, 2906.
                                               provide suitable technical expertise and                enforcement, regulatory, investigative or                11. Records may be disclosed to
                                               assist in establishing the facts and                    prosecutory responsibility of the                     appropriate agencies, entities, and
                                               circumstances of an accident.                           receiving entity. This routine use allows             persons when (1) the NTSB suspects or
                                               Participants may include                                for disclosures other than those                      has confirmed that there has been a
                                               representatives from operators or                       provided by the Privacy Act exemption                 breach of the system of records; (2) the
                                               manufacturers involved in accidents or                  for law enforcement activities, 5 U.S.C.              NTSB has determined that as a result of
                                               incidents, as well as representatives                   552a(b)(7). The law enforcement                       the suspected or confirmed breach there
                                               from federal, state, and local agencies.                exemption requires the head of the                    is a risk of harm to individuals, the
                                               Participation is governed by 49 CFR part                agency requesting disclosure to make a                NTSB (including its information
                                               831, and section 831.13 prohibits                       written request specifying the records                systems, programs, and operations), the
                                               participants from further disseminating                 requested and the relevant law                        Federal Government, or national
                                               the information.                                        enforcement activity. The NTSB must be                security; and (3) the disclosure made to
                                                  2. Records may be disclosed to other                 able to disclose a record relevant to a               such agencies, entities, and persons is
                                               medical consultants or contractors not                  potential violation of law without a                  reasonably necessary to assist in
                                               named under routine use number 1, as                    request from the agency to whom                       connection with the NTSB’s efforts to
                                               appropriate to enable consultation                      records are disclosed because the NTSB                respond to the suspected or confirmed
                                               related to an NTSB investigation.                       may be the first to discover the potential            breach or to prevent, minimize, or
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                                                  3. Records may be disclosed to a                     violation of law, and the NTSB must be                remedy such harm.
                                               foreign government agency acting as an                  able to confer with other agencies about                 12. Records may be disclosed to
                                               accredited representative to an NTSB                    whether it will relinquish investigative              another Federal agency or Federal
                                               investigation pursuant to Annex 13 of                   priority pursuant to 49 U.S.C.                        entity, when the NTSB determines that
                                               the International Convention on Civil                   1131(a)(2).                                           information from this system of records
                                               Aviation, and any technical advisor                        7. Records may be disclosed to a                   is reasonably necessary to assist the
                                               assisting the accredited representative.                federal, foreign, state, local, or tribal             recipient agency or entity in (1)


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                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                 48461

                                               responding to a suspected or confirmed                  circumstances of an accident or                       individual to the source from which the
                                               breach or (2) preventing, minimizing, or                incident; (2) determining the probable                agency obtained the information. The
                                               remedying the risk of harm to                           cause of an accident or incident; (3)                 NTSB is not authorized to amend
                                               individuals, the recipient agency or                    evaluating human performance or                       records from non-agency sources.
                                               entity (including its information                       survival factors issues arising during an             Additionally, the NTSB is not
                                               systems, programs, and operations), the                 accident or incident investigation; (4)               authorized to direct a non-agency source
                                               Federal Government, or national                         providing victim and family assistance                to change or alter records. Because
                                               security, resulting from a suspected or                 following an accident or incident; (5)                medical practitioners may provide
                                               confirmed breach.                                       carrying out special studies and                      differing but equally valid medical
                                                                                                       investigations about transportation                   judgments and opinions when making
                                               POLICIES AND PRACTICES FOR STORAGE OF
                                               RECORDS:
                                                                                                       safety (including avoiding personal                   medical evaluations of an individual’s
                                                                                                       injury); and/or (6) examining techniques              health status, review of requests from
                                                 MEDICS records are primarily
                                                                                                       and methods of accident or incident                   individuals seeking amendment of their
                                               maintained electronically in a database.
                                                                                                       investigation, and periodically                       medical records, beyond administrative
                                               Some paper records may also be kept,
                                                                                                       publishing recommended procedures                     correction such as association of a
                                               and their location will be identified in
                                                                                                       for accident or incident investigations.              medical record with an incorrect
                                               the database. Paper records whose
                                                                                                       Electronic records are protected from                 individual, may be limited to
                                               location is identified in MEDICS will be
                                                                                                       unauthorized access through password                  consideration of including the differing
                                               secured in a locked file cabinet, a secure
                                                                                                       identification procedures, limited                    opinion in the record rather than
                                               office, or both, and will be searchable
                                                                                                       access, firewalls and other system-based              attempting to determine whether the
                                               only by NTSB accident investigation
                                                                                                       protection methods. This system                       original opinion is accurate.
                                               number, not by PII. Paper records that
                                                                                                       conforms to all applicable Federal laws
                                               are uploaded to MEDICS are destroyed.                                                                         NOTIFICATION PROCEDURE:
                                                                                                       and regulations, as well as NTSB
                                               The database may be accessed from                                                                               Individuals wishing to inquire about
                                                                                                       policies and standards, as they relate to
                                               NTSB approved computers. In the                                                                               whether this system of records contains
                                                                                                       information security and data privacy.
                                               future, the database may become                                                                               information about them may contact the
                                                                                                       Access is limited by user roles.
                                               accessible from any computer that                                                                             agency office listed in the Record
                                                                                                       Participants to an investigation may
                                               provides for an authorized user’s                                                                             Access Procedure section, and provide
                                                                                                       access only the records relevant to that
                                               authentication.                                                                                               the identifying information described in
                                                                                                       accident, while NTSB Medical Officers
                                               POLICIES AND PRACTICES FOR RETRIEVAL OF                 will have access to all records. MEDICS               that section.
                                               RECORDS:                                                will identify the location of paper                   EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                 Once an authorized user accesses                      records, which will be stored in a
                                                                                                       locked cabinet, a secured office, or both.               None.
                                               MEDICS with his or her user ID and
                                               password, the MEDICS system is                          RECORD ACCESS PROCEDURE:                              HISTORY:
                                               searchable by NTSB accident or                                                                                   82 FR 23075.
                                               incident number, accident city, accident                  Individuals wishing to access
                                               state, accident country, and an                         information about themselves in this                    Dated: September 20, 2018.
                                               individual’s name, age, and date of                     system of records may contact the Chief,              Robert L. Sumwalt, III,
                                               birth.                                                  Records Management Division, National                 Chairman.
                                                                                                       Transportation Safety Board, 490                      [FR Doc. 2018–20821 Filed 9–24–18; 8:45 am]
                                               POLICIES AND PRACTICES FOR RETENTION AND                L’Enfant Plaza SW, Washington, DC
                                                                                                                                                             BILLING CODE 7533–01–P
                                               DISPOSAL OF RECORDS:                                    20594. Individuals must comply with
                                                 MEDICS records that are disclosed in                  NTSB regulations regarding the Privacy
                                               the NTSB’s public docket pursuant to                    Act, 49 CFR part 802, and must furnish
                                               routine use number 5 will be retained                   the following information for their                   NUCLEAR REGULATORY
                                               permanently. All other MEDICS records                   records to be located and identified:                 COMMISSION
                                               will be destroyed one year after the                      1. Full name(s).                                    [Docket No. 40–8964; NRC–2012–0214]
                                               conclusion of the investigation or safety                 2. Date of birth.
                                               study to which the record relates, unless                 3. If known, the date and location of               Cameco Resources; Smith Ranch-
                                               required to be retained under another                   the accident, incident, or occurrence, or             Highland Uranium Project
                                               record retention statute, regulation or                 the NTSB investigation identifier(s) for
                                               court order.                                            the investigation(s) in which the NTSB                AGENCY:  Nuclear Regulatory
                                                                                                       created or obtained the record.                       Commission.
                                               ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                                                                       ACTION: Environmental assessment and
                                                                                                         4. Signature.
                                               SAFEGUARDS:
                                                                                                                                                             finding of no significant impact;
                                                 NTSB headquarters is guarded and                      CONTESTING RECORD PROCEDURE:
                                                                                                                                                             issuance.
                                               monitored by security personnel,                          Individuals wishing to amend their
                                               cameras, a Physical Access Control                      records should contact the agency office              SUMMARY:  The U.S. Nuclear Regulatory
                                               System (PACS), and other physical                       identified in the Record Access                       Commission (NRC) is considering the
                                               security measures. The computerized                     Procedure section and furnish such                    renewal of NRC source materials license
                                               records contained within MEDICS are                     identifying information described in                  SUA–1548, to authorize continued
                                               maintained in a secure, password-                       that section to identify the records to be            uranium in-situ recovery (ISR)
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                                               protected, encrypted computer system.                   amended. Individuals seeking                          operations at the sites under the Smith
                                               Access to and use of these records are                  amendment of their records must also                  Ranch-Highland Uranium Project
                                               limited to NTSB employees and                           follow the agency’s Privacy Act                       (Smith Ranch Project) (Docket No. 40–
                                               contractors whose official duties require               regulations, 49 CFR part 802. Where the               8964). The NRC has prepared an
                                               such access. NTSB personnel may                         requested amendment implicates                        Environmental Assessment (EA) and
                                               access the records only when access is                  information provided by a third-party                 Finding of No Significant Impact
                                               relevant to (1) determining the facts or                source, the agency will refer the                     (FONSI) for this licensing action.


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Document Created: 2018-09-25 00:21:37
Document Modified: 2018-09-25 00:21:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a new System of Records.
DatesComments are due by October 25, 2018. Unless the NTSB determines that comments warrant a revision to the routine uses, new routine uses will be applicable October 25, 2018.
ContactMelba D. Moye, Office of Chief Information Officer, Records Management Division, (202) 314-6551.
FR Citation83 FR 48459 

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