Maintenance of and Access to Records Pertaining to Individuals; Proposed Exemption, 9607 [05-3759]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Proposed Rules]
[Page 9607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3759]



[[Page 9607]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST-1996-1437]
RIN 2105-AD11


Maintenance of and Access to Records Pertaining to Individuals; 
Proposed Exemption

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Notice of proposed rulemaking.

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SUMMARY: DOT proposes to add a system of records relating to aviation 
consumer protection to the list of DOT Privacy Act Systems of Records 
that are exempt from one or more provisions of the Privacy Act. Public 
comment is invited.

DATES: Comments are due April 29, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
OST-1996-1437 by any of the following methods:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the name of the DOT 
agency that has issued the rule to which the comment pertains and the 
docket number for this notice. Note that all comments received will be 
posted without change to https://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. You can access the docket for this notice by 
inserting the five-digit docket number into the DMS ``quick search'' 
function.

FOR FURTHER INFORMATION CONTACT: Yvonne Coates, Office of the Chief 
Information Officer, Department of Transportation, Washington, DC (202) 
366-6964.

SUPPLEMENTARY INFORMATION: It is DOT practice to identify a Privacy Act 
system of records that is exempt from one or more provisions of the 
Privacy Act (pursuant to 5 U.S.C. 552a(j) or (k)) both in the system 
notice published in the Federal Register for public comment and in an 
Appendix to DOT's regulations implementing the Privacy Act (49 CFR part 
10, Appendix A). This amendment proposes exemption from certain 
portions of the Privacy Act of a proposed record system--Aviation 
Consumer Complaint Application Online System (CCA)--to be used to track 
consumer complaints about scheduled airline service and air travel 
companies; included among these complaints are such matters as 
discrimination on the basis of physical handicap and race, religion, 
etc., which are violations of Federal law.
    To aid in the law enforcement aspects of CCA, DOT proposes to treat 
it as it treats other law enforcement systems, by exempting it from the 
following provisions of the Privacy Act: (c)(3) (Accounting of Certain 
Disclosures), (d) (Access to Records), (e)(4)(G), (H), and (I) (Agency 
Requirements), and (f) (Agency Rules) to the extent that CCA contains 
investigatory material compiled for law enforcement purposes, in 
accordance with 5 U.S.C. 552a(k)(2).
    Analysis of Regulatory Impacts. This proposal is not a 
``significant regulatory action'' within the meaning of Executive Order 
12886. It is also not significant within the definition in DOT's 
Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because 
it does not involve any change in important Departmental policies. 
Because the economic impact should be minimal, further regulatory 
evaluation is not necessary. Moreover, I certify that this proposal 
would not have a significant economic impact on a substantial number of 
small entities, because the reporting requirements, themselves, are not 
changed and because it applies only to information on individuals that 
is maintained by the Federal Government.
    This proposal would not significantly affect the environment, and 
therefore an environmental impact statement is not required under the 
National Environmental Policy Act of 1969. It has also been reviewed 
under Executive Order 12612, Federalism, and it has been determined 
that it does not have sufficient implications for federalism to warrant 
preparation of a Federalism Assessment.
    Collection of Information. This proposal contains no collection of 
information requirements under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.)
    Unfunded Mandates. Title II of the Unfunded Mandates Reform Act of 
1995 (UMRA), (Pub. L. 104-4, 109 Stat. 48), requires Federal agencies 
to assess the effects of certain regulatory actions on State, local, 
and tribal governments, and the private sector. UMRA requires a written 
statement of economic and regulatory alternatives for proposed and 
final rules that contain Federal mandates. A ``Federal mandate'' is a 
new or additional enforceable duty, imposed on any State, local, or 
tribal government, or the private sector. If any Federal mandate causes 
those entities to spend, in aggregated, $100 million or more in any one 
year (adjusted for inflation) the UMRA analysis is required. This 
proposal would not impose Federal mandates on any State, local, or 
tribal governments or the private sector.

List of Subjects in 49 CFR Part 10

    Authority delegations (government agencies), Organization and 
functions (government agencies), Transportation Department.

    In consideration of the foregoing, DOT proposes to amend Part 10 of 
Title 49, Code of Federal Regulations, as follows:
    1. The authority citation for Part 10 would continue to read as 
follows:

    Authority: Public Law 93-579; 49 U.S.C. 322.

    2. The Appendix would be amended in Part II.A. by adding a 
paragraph (19) immediately following paragraph (18) to read as follows:

Appendix to Part 10--Exemptions

* * * * *
    Part II. Specific exemptions. A.
* * * * *

    19. Aviation Consumer Complaint Application Online System (CCA).
* * * * *

    Issued in Washington, DC, on February 16, 2005.
Eugene K. Taylor,
Deputy Chief Information Officer.
[FR Doc. 05-3759 Filed 2-25-05; 8:45 am]
BILLING CODE 4910-62-P