Privacy Act of 1974; Department of Transportation, Office of the Secretary of Transportation; DOT/ALL-17; Freedom of Information and Privacy Act Case Files, 4605-4609 [2019-02356]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices
safety should immediately notify
FMCSA. The Agency will evaluate any
such information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
Preemption
In accordance with 49 U.S.C.
31313(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Issued on: December 13, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–02378 Filed 2–14–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2018–0155]
Privacy Act of 1974; Department of
Transportation, Office of the Secretary
of Transportation; DOT/ALL–17;
Freedom of Information and Privacy
Act Case Files
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
ACTION: Notice of Privacy Act modified
system of records and rescission of
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Transportation proposes to update and
reissue a current Department of
Transportation system of records titled,
‘‘Department of Transportation—DOT/
ALL 017 Freedom of Information Act
(FOIA) and Privacy Act Case Files
System of Records.’’ The Department
also intends to consolidate the following
legacy system, ‘‘DOT/MARAD 003
Freedom of Information and Privacy
Request Records’’ as part of the same
and rescind DOT/MARAD 003.
This system of records will allow the
Department of Transportation, to
include its Operating Administrations,
the Office of the Inspector General, and
Secretarial Offices, to collect and retain
records and related correspondence on
individuals who have filed requests for
information under the Freedom of
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SUMMARY:
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Information Act and Privacy Act of
1974, including requests for review of
final denials of such requests. As a
result of a biennial review of this
system, records have been updated
within the following sections; Security
Classification to include classified and
sensitive records, Categories of
Individuals to include individuals
making requests on behalf of the subject
individual and individuals whose
requests have been referred to the
Department for processing by other
agencies as well as individuals involved
in processing and responding to
requests and/or appeals, Categories of
Records to provide greater clarity of the
type of records and information
included in the system, Purposes to
include responding to litigation
associated with requests, and other
activities required to assist the
Department in executing its
responsibilities, Routine Uses to include
three new routine uses to support
processing of FOIA and Privacy Act
requests, appeals and amendments, and
to facilitate understanding of DOT
processes, Retrievability to expand the
set of identifiers that may be used to
retrieve cases, System Manager to
provide information on where to find
operating administration specific
contacts, and Exemptions Claimed to
clarify that records requested from other
systems are not part of this system of
records. Additionally, this notice
includes non-substantive changes to
simplify the language, formatting, and
text of the previously published notice
to align with the requirements of Office
of Memorandum and Budget
Memoranda A–108. This updated
system, titled Freedom of Information
Act and Privacy Act Case Files, will be
included in the Department of
Transportation’s inventory of record
systems.
Written comments should be
submitted on or before March 18, 2019.
The Department may publish an
amended Systems of Records Notice in
light of any comments received. This
new system will be applicable March
18, 2019.
DATES:
You may submit comments,
identified by docket number DOT–OST–
2018–0155 by any of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
ADDRESSES:
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• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal Holidays.
• Fax: (202) 493–2251.
Instructions: You must include the
agency name and docket number DOT–
OST–2018–0155. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Privacy Act: Anyone is able to search
the electronic form of all comments
received in 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 Department of
Transportation’s complete Privacy Act
statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit https://
DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to the street
address listed above. Follow the online
instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: For
questions, please contact: Claire W.
Barrett, Departmental Chief Privacy
Officer, Office of the Chief Information
Officer, Department of Transportation,
Washington, DC 20590; privacy@
dot.gov; or 202.527.3284.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Transportation (DOT)/Office of the
Secretary (OST) proposes to update and
reissue a current DOT wide system of
records titled, ‘‘Department of
Transportation/ALL—017 Freedom of
Information Act and Privacy Act Case
Files.’’ The Department also intends to
rescind the following legacy system,
‘‘DOT/MARAD 003 Freedom of
Information and Privacy Request
Records’’ and consolidate records
managed under that Notice as part of the
same.
The updated system of records
consists of information created and used
by the Department’s Freedom of
Information Act (FOIA) and Privacy Act
(PA) staff to process requests as well as
to manage the FOIA and PA programs.
The publication of this updated
system of records notice supports DOT
efforts to ensure that all DOT Operating
Administrations, Secretarial Offices,
and the Office of the Inspector General
implement their Privacy Act obligations
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and processes for collecting and
handling FOIA and PA records in a
consistent manner.
Changes to the notices Categories of
Records, Categories of Individuals,
Purposes, and Retrievability improve
the transparency of, but do not reflect
substantive changes to, the Notice. The
Security Classification section has been
modified to be comprehensive inclusive
of all the types of records that may be
integrated into a case file in terms of
records collected that may be responsive
to a FOIA and/or PA request. The FOIA
and PA case files themselves remain
unclassified. The Department is
proposing three new Routine Uses to
bolster Department transparency and
efficiency of its FOIA and Privacy Act
programs. The first proposed Routine
Use supports efforts to promote
appropriate application of access and
appeals rights under the Privacy Act.
The Department is also proposing a
Routine Use to allow disclosure of
‘‘FOIA logs’’ (including requester
names, case number) to the public to
facilitate understanding of DOT FOIA
processes. The Department is proposing
an additional Routine Use, which would
permit the sharing of initial requestor
letters to submitters of responsive
records to solicit input about the
application of FOIA exemptions, like
FOIA Exemption 4, to requested records
submitted to the Department. The
Department also intends to include a
Routine Use to permit the Department to
share information with the Office of
Government Information Services
(OGIS) for the purpose of resolving
disputes between requesters seeking
information under the Freedom of
Information Act (FOIA) and DOT, or
OGIS’ review of DOT’s policies,
procedures, and compliance with FOIA.
OGIS was created to resolve disputes
related to FOIA processing, and FOIA
requesters contact OGIS for assistance
with FOIA matters. Therefore, sharing
records from this system with OGIS for
these purposes is compatible with the
purpose of collection.
This Notice also includes several of
DOT’s General Routine Uses, to the
extent they are compatible with the
purposes of this System. As recognized
by the Office of Management and
Budget (OMB) in its Privacy Act
Implementation Guidance and
Responsibilities (65 FR 19746, July 9,
1975), the routine uses include all
proper and necessary uses of
information in the system, even if such
uses occur infrequently. The DOT has
included in this SORN routine uses for
disclosures to law enforcement when
the record, on its face, indicates a
violation of law, to DOJ for litigation
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purposes, or when necessary in with
investigating or responding to a breach
of this system or other agencies’
systems. DOT must take appropriate
action to address any apparent
violations of the law, and to share
information with legal counsel in the
Department of Justice when necessary
for litigation. The OMB has long
recognized that these types of routine
uses are ‘‘proper and necessary’’ uses of
information and qualify as compatible
with agency systems. 65 FR 19476. In
addition, by OMB Memorandum M–17–
12, OMB directed agencies to include
routine uses that will permit sharing of
information when needed to investigate,
respond to, and mitigate a breach of a
Federal information system. The
Department also has included routine
uses that permit sharing with the
National Archives and Records
Administration when necessary for an
inspection, to any Federal government
agency engaged in audit or oversight
related to this system, or when DOT
determines that the disclosure will
detect, prevent, or mitigate terrorism
activity. These types of disclosures are
necessary and proper uses of
information in this system because they
further DOT’s obligation to fulfil its
records management and program
management responsibilities by
facilitating accountability to agencies
charged with oversight in these areas,
and the Department’s obligation under
Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–456, and Executive Order 13388
(Oct. 25, 2005) to share information
necessary and relevant to detect,
prevent, disrupt, preempt, or mitigate
the effects of terrorist activities against
the territory, people, and interests of the
United States. Finally, this system
includes a routine use to permit sharing
with our contractors, consultants,
experts, grantees, and others when
necessary to fulfill a DOT function
related to this System. Agencies
routinely engage assistance of these
types of individuals in the fulfillment of
their duties, such as contract support
necessary to maintain the database in
which these records are housed. DOT
relies on contract support to maintain
this system, and disclosures for this
purpose is compatible with the purpose
of the collection—to maintain a system
that tracks consumer complaints.
The System Manager and Address
information have been updated to
reflect the current location of DOT
records. DOT no longer claims any
exemptions for this system, however,
records responsive to FOIA and Privacy
Act requests that are part of this System
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of Records would be subject to any
exemptions identified in the originating
System of Records Notice.
This updated system will be included
in DOT’s inventory of record systems.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a System of Records. A ‘‘System
of Records’’ is a group of any records
under the control of a Federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a System of
Records notice (SORN) identifying and
describing each System of Records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information).
In accordance with 5 U.S.C. 552a(r),
DOT has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a System of Records. A ‘‘System
of Records’’ is a group of any records
under the control of a Federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a System of
Records notice (SORN) identifying and
describing each System of Records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information).
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In accordance with 5 U.S.C. 552a(r),
DOT has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER
Department of Transportation (DOT)/
ALL–14, Freedom of Information and
Privacy Act Case Files.
SECURITY CLASSIFICATION:
Unclassified, classified, controlled
unclassified.
SYSTEM LOCATION:
Records are maintained at the
Department of Transportation and in
component offices of the Department of
Transportation in both Washington, DC
and field offices.
SYSTEM MANAGER AND ADDRESS:
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For requests for records for Offices of
the Secretary, Departmental Freedom of
Information Act Officer, Department of
Transportation, 1200 New Jersey
Avenue SE, Room W94–122,
Washington, DC 20590. For all other
Operating Administrations see
www.transportation.gov/foia under
‘‘DOT FOIA Service Centers and
Liaisons.’’
• Documents relevant to appeals and
lawsuits under FOIA and PA including
from Department of Justice and other
government litigators.
and DOT, or OGIS’ review of DOT’s
policies, procedures, and compliance
with FOIA.
RECORD SOURCE CATEGORIES:
Department General Routine Uses
Records are obtained directly from
those individuals who submit initial
requests and administrative appeals
pursuant to FOIA and PA, and DOT
personnel who handle such requests
and appeals.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOT as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
System Specific Routine Uses
1. To another Federal agency (a) with
an interest in the record in connection
with a referral of a FOIA request to that
agency for its views or decisions on
disclosure or (b) in order to obtain
advice and recommendations
concerning matters on which the agency
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
has specialized experience or particular
5 U.S.C. 552, Freedom of Information
competence that may be useful to DOT
Act, as amended; 5 U.S.C. 552a, the
in making required determinations
Privacy Act of 1974, as amended.
under the FOIA.
PURPOSE(S):
2. To a Federal, State, territorial,
The purpose of this system is to
tribal, local, international, or foreign
process individuals’ record requests and agency or entity for the purpose of
administrative appeals under the
consulting with that agency or entity;
Freedom of Information Act (FOIA) and
a. To assist in making a determination
requests for access to or amendment of
regarding access to or amendment of
records under the Privacy Act (PA).
information, or
Records may also be used to support
b. For the purpose of verifying the
DOT participation in litigation arising
identity of an individual or the accuracy
from such requests and appeals, and in
of information submitted by an
assisting DOT in carrying out any other
individual who has requested access to
responsibilities under the Freedom of
or amendment of records maintained in
Information Act or Privacy Act.
other DOT Privacy Act system of
records.
CATEGORIES OF INDIVIDUALS COVERED BY THE
3. To members of the public to
SYSTEM:
facilitate understanding of DOT FOIA
Individuals who submit FOIA and/or
processes. Such release will be limited
PA requests and administrative appeals
to ‘‘FOIA logs’’ and may include the
to DOT.
request number, date of receipt, name of
CATEGORIES OF RECORDS IN THE SYSTEM:
individual or organization making the
request, a description of the information
Categories of records in this system
sought, response date, and the type of
relate to records received, created, and
response.
compiled in processing FOIA and PA
4. To submitters of records for
requests, including:
• Records and related correspondence purposes of determining the
applicability of FOIA exemptions, such
to/from individuals who have filed
as Exemption 4, to the records. Such
requests for information under
release will be limited to initial request
provisions of the FOIA and/or PA,
letters.
including initial requests and requests
5. To the Office of Government
for review of initial denials of such
Information Services (OGIS) for the
requests;
• Correspondence with individuals or purpose of resolving disputes between
entities that submitted requested
requesters seeking information under
records;
the Freedom of Information Act (FOIA)
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6. To the appropriate agency, whether
Federal, State, local, or foreign, charged
with the responsibility of implementing,
investigating, prosecuting, or enforcing
a statute, regulation, rule or order, when
a record in this system indicates a
violation or potential violation of law,
whether civil, criminal, or regulatory in
nature, including any records from this
system relevant to the implementation,
investigation, prosecution, or
enforcement of the statute, regulation,
rule, or order that was or may have been
violated;
7. To a Federal, State, or local agency
maintaining civil, criminal, or other
relevant enforcement information or
other pertinent information, such as
current licenses, if necessary for DOT to
obtain information relevant to a DOT
decision concerning the hiring or
retention or an employee, the issuance
of a security clearance, the letting of a
contract, or the issuance of a license,
grant or other benefit;
8. To a Federal agency, upon its
request, in connection with the
requesting Federal agency’s hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation or an employee, the
letting of a contract, or the issuance of
a license, grant, or other benefit by the
requesting agency, to the extent that the
information requested is relevant and
necessary to the requesting agency’s
decision on the matter;
9. To the Department of Justice, or any
other Federal agency conducting
litigation, when (a) DOT, (b) any DOT
employee, in his/her official capacity, or
in his/her individual capacity if the
Department of Justice has agreed to
represent the employee, or (c) the
United States or any agency thereof, is
a party to litigation or has an interest in
litigation, and DOT determines that the
use of the records by the Department of
Justice or other Federal agency
conducting the litigation is relevant and
necessary to the litigation; provided,
however, that DOT determines, in each
case, that disclosure of the records in
the litigation is a use of the information
contained in the records that is
compatible with the purpose for which
the records where collected.
10. To parties in proceedings before
any court or adjudicative or
administrative body before which DOT
appears when (a) DOT, (b) any DOT
employee in his or her official capacity,
or in his or her individual capacity
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where DOT has agreed to represent the
employee, or (c) the United States or
any agency thereof is a party to
litigation or has an interest in the
proceeding, and DOT determined that is
relevant and necessary to the
proceeding; provided, however, that
DOT determines, in each case, that
disclosure of the records in the
proceeding is a use of the information
contained in the records that is
compatible with the purpose for which
the records where collected.
11. To the National Archives and
Records Administration for an
inspection under 44 U.S.C. 2904 and
2906.
12. To another agency or
instrumentality of any government
jurisdiction for use in law enforcement
activities, either civil or criminal, or to
expose fraudulent claims; however, this
routine use only permits the disclosure
of names pursuant to a computer
matching program that otherwise
complies with the requirements of the
Privacy Act.
13. To the Attorney General of the
United States, of his/her designee,
information indicating that a person
meets any of the qualifications for
receipt, possession, shipment, or
transport of a firearm under the Brady
Handgun Violence Prevention Act.
Should the validity of the information
DOT provides to the Attorney General
or his/her designee be disputed, DOT
may disclose to that National
Background Information Check System,
established by the Brady Handgun
Violence Prevention Act, any
information from this system necessary
to resolve the dispute.
14. To appropriate agencies, entities,
and persons, when (1) DOT suspects or
has confirmed that there has been a
breach of the system of records; (2) DOT
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to individuals,
DOT (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, or persons is
reasonably necessary to assist in
connection with DOT’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
15. To DOT’s contractors and their
agents, DOT’s experts, consultants, and
others performing or working on a
contract, service, cooperative agreement,
or other assignment for DOT, when
necessary to accomplish an agency
function related to this system of
records.
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16. To an agency, organization, or
individual for the purpose of performing
an audit or oversight related to this
system or records, provided that DOT
determines the records are necessary
and relevant to the audit or oversight
activity. This routine use does not apply
to intra-agency sharing authorized
under Section (b)(1) of the Privacy Act.
17. To a Federal, State, local, tribal,
foreign government, or multinational
agency, either in response to a request
or upon DOT’s initiative, terrorism
information (6 U.S.C. 485(a)(5)),
homeland security information (6 U.S.C.
482(f)(1)), or law enforcement
information (Guideline 2, report
attached to White House Memorandum,
‘‘Information Sharing Environment,’’
Nov. 22, 2006), when DOT finds that
disclosure of the record is necessary and
relevant to detect, prevent, disrupt,
preempt, or mitigate the effects of
terrorist activities against the territory,
people, and interests of the United
States, as contemplated by the
Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–456, and Executive Order 13388
(Oct. 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored
electronically and/or on paper in secure
facilities. Electronic records may be
stored on magnetic disc, tape, digital
media, and CD–ROM.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by the name
of the individual who made the request/
appeal, the name of the authorized
representative making a request/appeal
on behalf of the individual, the case
tracking or control number assigned to
the request or appeal, or chronologically
by date of initial determination.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records will be retained and disposed
in accordance with the National
Archives and Records Administration
(NARA) General Records Schedule
(GRS) 4.2, Items 020 and 090,
Information Access and Protection
Records. Under Item 020, FOIA and PA
requests for access to records are
destroyed six years after final agency
action or three years after final
adjudication by the courts, whichever is
later, but longer retention is authorized
if required for business use. Under Item
090, PA amendment request files are
destroyed with the records for which
amendment was requested, or four years
after the close of the case, whichever is
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later. Longer retention is authorized if
required for business use.
ADMINISTRATIVE, TECHNICAL, AND SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT automated systems
security and access policies.
Appropriate controls have been
imposed to minimize the risk of
compromising the information that is
being stored. Access to records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEEDURES:
Individuals seeking access to any
record contained in this system of
records may submit a request in writing
to the Departmental FOIA Office whose
contact information is listed under the
System manager for this notice. If an
individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Departmental Freedom of
Information Act Office, U.S. Department
of Transportation, Room W94–122, 1200
New Jersey Ave. SE, Washington, DC
20590, ATTN: FOIA request.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 49 CFR part
10. You must sign your request, and
your signature must either be notarized
or submitted under 28 U.S.C. 1746, a
law that permits statements to be made
under penalty of perjury as a substitute
for notarization. While no specific form
is required, you may obtain forms for
this purpose from the Chief Freedom of
Information Act Officer, https://
www.transportation.gov/foia or
202.366.4542. In addition you should
provide the following:
An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DOT component agency may
have responsive records; and
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
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Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the
content of any record pertaining to him
or her in the system may contact the
System Manager following the
procedures described in ‘‘Record Access
Procedures’’ above.
NOTIFICATION PROCEDURES:
No exemptions are claimed for the
records associated with the
administrative processing of FOIA and
PA requests and appeals. During the
course of a FOIA or PA action, copies
of exempt materials from other systems
of records may become part of the case
records in this system. To the extent
that copies of exempt records from those
‘other’ systems of records are entered
into the FOIA/PA case file, the same
exemptions apply for those records, as
are claimed for the original systems of
records which they are a part.
HISTORY:
71 FR 35320 (June 19, 2006).
Issued in Washington, DC, on February 11,
2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019–02356 Filed 2–14–19; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Foreign Sanctions
Evaders List based on OFAC’s
determination that one or more
applicable legal criteria were satisfied.
U.S. persons are generally prohibited
from engaging in transactions or
dealings with such persons.
khammond on DSKBBV9HB2PROD with NOTICES
19:41 Feb 14, 2019
Jkt 247001
OFAC: Associate Director for Global
Targeting, tel.: 202–622–2420; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel. 202–622–4855;
or the Department of the Treasury’s
Office of the General Counsel: Office of
the Chief Counsel (Foreign Assets
Control), tel.: 202–622–2410.
The Foreign Sanctions Evaders List
and additional information concerning
OFAC sanctions programs are available
on OFAC’s website (www.treas.gov/
ofac).
Notice of OFAC Actions
On February 7, 2019, OFAC
determined that all transactions or
dealings, whether direct or indirect,
involving the following person,
including any exporting, reexporting,
importing, selling, purchasing,
transporting, swapping, brokering,
approving, financing, facilitating, or
guaranteeing, in or related to (i) any
goods, services, or technology in or
intended for the United States, or (ii)
any goods, services, or technology
provided by or to United States persons,
wherever located, are prohibited under
the relevant sanctions authority listed
below.
Individual
1. KAYAKIRAN, Evren, Turkey; DOB
08 Feb 1980; citizen Turkey; Gender
Male; Passport U00242309 (Turkey)
(individual) [FSE–IR].
Sanctioned pursuant to section 1(a)(i)
of Executive Order 13608 of May 1,
2012, ‘‘Prohibiting Certain Transactions
With and Suspending Entry Into the
United States of Foreign Sanctions
Evaders With Respect to Iran and
Syria,’’ for causing six violations of
Section 4 of Executive Order 13628, as
continued in effect by Sections 8 and
20(a) of Executive Order 13846, as well
as a prohibition contained in Section
560.215 of the Iranian Transactions and
Sanctions Regulations, 31 CFR part 560,
thereby violating an Executive order
relating to the national emergency
declared in Executive Order 12957 of
March 15, 1995 or any regulation issued
pursuant to the foregoing, as modified
in scope in subsequent Executive
orders.
PO 00000
Frm 00178
Fmt 4703
Sfmt 4703
Dated: February 7, 2019.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–02363 Filed 2–14–19; 8:45 am]
BILLING CODE 4810–AL–P
U.S.-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION
Notice of Open Public Hearing
U.S.-China Economic and
Security Review Commission.
ACTION: Notice of open public hearing.
AGENCY:
Notice is hereby given of the
following hearing of the U.S.-China
Economic and Security Review
Commission.
The Commission is mandated by
Congress to investigate, assess, and
report to Congress annually on ‘‘the
national security implications of the
economic relationship between the
United States and the People’s Republic
of China.’’ Pursuant to this mandate, the
Commission will hold a public hearing
in Washington, DC on February 28, 2019
on ‘‘Risks, Rewards, and Results: U.S.
Companies in China and Chinese
Companies in the United States.’’
DATES: The hearing is scheduled for
Thursday, February 28, 2019 at 9:30
a.m.
ADDRESSES: TBD, Washington, DC. A
detailed agenda for the hearing will be
posted on the Commission’s website at
www.uscc.gov. Also, please check the
Commission’s website for possible
changes to the hearing schedule.
Reservations are not required to attend
the hearing.
FOR FURTHER INFORMATION CONTACT: Any
member of the public seeking further
information concerning the hearing
should contact Leslie Tisdale Reagan,
444 North Capitol Street NW, Suite 602,
Washington DC 20001; telephone: 202–
624–1496, or via email at lreagan@
uscc.gov. Reservations are not required
to attend the hearing.
SUPPLEMENTARY INFORMATION:
Background: This is the second public
hearing the Commission will hold
during its 2019 report cycle. This
hearing seeks to evaluate two sets of
relationships. In the first panel, hearing
witnesses will review Chinese
companies’ participation in the U.S.
economy, and in the second panel,
hearing witnesses will review U.S.
companies’ participation in the Chinese
economy. Both panels will assess
implications of this participation for
U.S. businesses, workers, consumers,
and investors. The hearing will be cochaired by Vice Chairman Robin
SUMMARY:
Electronic Availability
EXEMPTIONS CLAIMED FOR THE SYSTEM:
VerDate Sep<11>2014
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Individuals seeking notification of
whether this system contains records
about him or her may contact the
System Manager following the
procedures described in the ‘‘Record
Access Procedures’’ above.
SUMMARY:
See SUPPLEMENTARY INFORMATION
section.
DATES:
4609
E:\FR\FM\15FEN1.SGM
15FEN1
]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4605-4609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02356]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2018-0155]
Privacy Act of 1974; Department of Transportation, Office of the
Secretary of Transportation; DOT/ALL-17; Freedom of Information and
Privacy Act Case Files
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.
ACTION: Notice of Privacy Act modified system of records and rescission
of system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to update and reissue a current Department of
Transportation system of records titled, ``Department of
Transportation--DOT/ALL 017 Freedom of Information Act (FOIA) and
Privacy Act Case Files System of Records.'' The Department also intends
to consolidate the following legacy system, ``DOT/MARAD 003 Freedom of
Information and Privacy Request Records'' as part of the same and
rescind DOT/MARAD 003.
This system of records will allow the Department of Transportation,
to include its Operating Administrations, the Office of the Inspector
General, and Secretarial Offices, to collect and retain records and
related correspondence on individuals who have filed requests for
information under the Freedom of Information Act and Privacy Act of
1974, including requests for review of final denials of such requests.
As a result of a biennial review of this system, records have been
updated within the following sections; Security Classification to
include classified and sensitive records, Categories of Individuals to
include individuals making requests on behalf of the subject individual
and individuals whose requests have been referred to the Department for
processing by other agencies as well as individuals involved in
processing and responding to requests and/or appeals, Categories of
Records to provide greater clarity of the type of records and
information included in the system, Purposes to include responding to
litigation associated with requests, and other activities required to
assist the Department in executing its responsibilities, Routine Uses
to include three new routine uses to support processing of FOIA and
Privacy Act requests, appeals and amendments, and to facilitate
understanding of DOT processes, Retrievability to expand the set of
identifiers that may be used to retrieve cases, System Manager to
provide information on where to find operating administration specific
contacts, and Exemptions Claimed to clarify that records requested from
other systems are not part of this system of records. Additionally,
this notice includes non-substantive changes to simplify the language,
formatting, and text of the previously published notice to align with
the requirements of Office of Memorandum and Budget Memoranda A-108.
This updated system, titled Freedom of Information Act and Privacy Act
Case Files, will be included in the Department of Transportation's
inventory of record systems.
DATES: Written comments should be submitted on or before March 18,
2019. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be applicable
March 18, 2019.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2018-0155 by any of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2018-0155. All comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in 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
Department of Transportation's complete Privacy Act statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: For questions, please contact: Claire
W. Barrett, Departmental Chief Privacy Officer, Office of the Chief
Information Officer, Department of Transportation, Washington, DC
20590; privacy@dot.gov; or 202.527.3284.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT)/Office of the Secretary (OST)
proposes to update and reissue a current DOT wide system of records
titled, ``Department of Transportation/ALL--017 Freedom of Information
Act and Privacy Act Case Files.'' The Department also intends to
rescind the following legacy system, ``DOT/MARAD 003 Freedom of
Information and Privacy Request Records'' and consolidate records
managed under that Notice as part of the same.
The updated system of records consists of information created and
used by the Department's Freedom of Information Act (FOIA) and Privacy
Act (PA) staff to process requests as well as to manage the FOIA and PA
programs.
The publication of this updated system of records notice supports
DOT efforts to ensure that all DOT Operating Administrations,
Secretarial Offices, and the Office of the Inspector General implement
their Privacy Act obligations
[[Page 4606]]
and processes for collecting and handling FOIA and PA records in a
consistent manner.
Changes to the notices Categories of Records, Categories of
Individuals, Purposes, and Retrievability improve the transparency of,
but do not reflect substantive changes to, the Notice. The Security
Classification section has been modified to be comprehensive inclusive
of all the types of records that may be integrated into a case file in
terms of records collected that may be responsive to a FOIA and/or PA
request. The FOIA and PA case files themselves remain unclassified. The
Department is proposing three new Routine Uses to bolster Department
transparency and efficiency of its FOIA and Privacy Act programs. The
first proposed Routine Use supports efforts to promote appropriate
application of access and appeals rights under the Privacy Act. The
Department is also proposing a Routine Use to allow disclosure of
``FOIA logs'' (including requester names, case number) to the public to
facilitate understanding of DOT FOIA processes. The Department is
proposing an additional Routine Use, which would permit the sharing of
initial requestor letters to submitters of responsive records to
solicit input about the application of FOIA exemptions, like FOIA
Exemption 4, to requested records submitted to the Department. The
Department also intends to include a Routine Use to permit the
Department to share information with the Office of Government
Information Services (OGIS) for the purpose of resolving disputes
between requesters seeking information under the Freedom of Information
Act (FOIA) and DOT, or OGIS' review of DOT's policies, procedures, and
compliance with FOIA. OGIS was created to resolve disputes related to
FOIA processing, and FOIA requesters contact OGIS for assistance with
FOIA matters. Therefore, sharing records from this system with OGIS for
these purposes is compatible with the purpose of collection.
This Notice also includes several of DOT's General Routine Uses, to
the extent they are compatible with the purposes of this System. As
recognized by the Office of Management and Budget (OMB) in its Privacy
Act Implementation Guidance and Responsibilities (65 FR 19746, July 9,
1975), the routine uses include all proper and necessary uses of
information in the system, even if such uses occur infrequently. The
DOT has included in this SORN routine uses for disclosures to law
enforcement when the record, on its face, indicates a violation of law,
to DOJ for litigation purposes, or when necessary in with investigating
or responding to a breach of this system or other agencies' systems.
DOT must take appropriate action to address any apparent violations of
the law, and to share information with legal counsel in the Department
of Justice when necessary for litigation. The OMB has long recognized
that these types of routine uses are ``proper and necessary'' uses of
information and qualify as compatible with agency systems. 65 FR 19476.
In addition, by OMB Memorandum M-17-12, OMB directed agencies to
include routine uses that will permit sharing of information when
needed to investigate, respond to, and mitigate a breach of a Federal
information system. The Department also has included routine uses that
permit sharing with the National Archives and Records Administration
when necessary for an inspection, to any Federal government agency
engaged in audit or oversight related to this system, or when DOT
determines that the disclosure will detect, prevent, or mitigate
terrorism activity. These types of disclosures are necessary and proper
uses of information in this system because they further DOT's
obligation to fulfil its records management and program management
responsibilities by facilitating accountability to agencies charged
with oversight in these areas, and the Department's obligation under
Intelligence Reform and Terrorism Prevention Act of 2004, Public Law
108-456, and Executive Order 13388 (Oct. 25, 2005) to share information
necessary and relevant to detect, prevent, disrupt, preempt, or
mitigate the effects of terrorist activities against the territory,
people, and interests of the United States. Finally, this system
includes a routine use to permit sharing with our contractors,
consultants, experts, grantees, and others when necessary to fulfill a
DOT function related to this System. Agencies routinely engage
assistance of these types of individuals in the fulfillment of their
duties, such as contract support necessary to maintain the database in
which these records are housed. DOT relies on contract support to
maintain this system, and disclosures for this purpose is compatible
with the purpose of the collection--to maintain a system that tracks
consumer complaints.
The System Manager and Address information have been updated to
reflect the current location of DOT records. DOT no longer claims any
exemptions for this system, however, records responsive to FOIA and
Privacy Act requests that are part of this System of Records would be
subject to any exemptions identified in the originating System of
Records Notice.
This updated system will be included in DOT's inventory of record
systems.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
[[Page 4607]]
In accordance with 5 U.S.C. 552a(r), DOT has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER
Department of Transportation (DOT)/ALL-14, Freedom of Information
and Privacy Act Case Files.
SECURITY CLASSIFICATION:
Unclassified, classified, controlled unclassified.
SYSTEM LOCATION:
Records are maintained at the Department of Transportation and in
component offices of the Department of Transportation in both
Washington, DC and field offices.
SYSTEM MANAGER AND ADDRESS:
For requests for records for Offices of the Secretary, Departmental
Freedom of Information Act Officer, Department of Transportation, 1200
New Jersey Avenue SE, Room W94-122, Washington, DC 20590. For all other
Operating Administrations see www.transportation.gov/foia under ``DOT
FOIA Service Centers and Liaisons.''
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552, Freedom of Information Act, as amended; 5 U.S.C.
552a, the Privacy Act of 1974, as amended.
PURPOSE(S):
The purpose of this system is to process individuals' record
requests and administrative appeals under the Freedom of Information
Act (FOIA) and requests for access to or amendment of records under the
Privacy Act (PA). Records may also be used to support DOT participation
in litigation arising from such requests and appeals, and in assisting
DOT in carrying out any other responsibilities under the Freedom of
Information Act or Privacy Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who submit FOIA and/or PA requests and administrative
appeals to DOT.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system relate to records received,
created, and compiled in processing FOIA and PA requests, including:
Records and related correspondence to/from individuals who
have filed requests for information under provisions of the FOIA and/or
PA, including initial requests and requests for review of initial
denials of such requests;
Correspondence with individuals or entities that submitted
requested records;
Documents relevant to appeals and lawsuits under FOIA and
PA including from Department of Justice and other government
litigators.
RECORD SOURCE CATEGORIES:
Records are obtained directly from those individuals who submit
initial requests and administrative appeals pursuant to FOIA and PA,
and DOT personnel who handle such requests and appeals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Uses
1. To another Federal agency (a) with an interest in the record in
connection with a referral of a FOIA request to that agency for its
views or decisions on disclosure or (b) in order to obtain advice and
recommendations concerning matters on which the agency has specialized
experience or particular competence that may be useful to DOT in making
required determinations under the FOIA.
2. To a Federal, State, territorial, tribal, local, international,
or foreign agency or entity for the purpose of consulting with that
agency or entity;
a. To assist in making a determination regarding access to or
amendment of information, or
b. For the purpose of verifying the identity of an individual or
the accuracy of information submitted by an individual who has
requested access to or amendment of records maintained in other DOT
Privacy Act system of records.
3. To members of the public to facilitate understanding of DOT FOIA
processes. Such release will be limited to ``FOIA logs'' and may
include the request number, date of receipt, name of individual or
organization making the request, a description of the information
sought, response date, and the type of response.
4. To submitters of records for purposes of determining the
applicability of FOIA exemptions, such as Exemption 4, to the records.
Such release will be limited to initial request letters.
5. To the Office of Government Information Services (OGIS) for the
purpose of resolving disputes between requesters seeking information
under the Freedom of Information Act (FOIA) and DOT, or OGIS' review of
DOT's policies, procedures, and compliance with FOIA.
Department General Routine Uses
6. To the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of implementing,
investigating, prosecuting, or enforcing a statute, regulation, rule or
order, when a record in this system indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
including any records from this system relevant to the implementation,
investigation, prosecution, or enforcement of the statute, regulation,
rule, or order that was or may have been violated;
7. To a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary for DOT to obtain
information relevant to a DOT decision concerning the hiring or
retention or an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit;
8. To a Federal agency, upon its request, in connection with the
requesting Federal agency's hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation or
an employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information requested is relevant and necessary to the requesting
agency's decision on the matter;
9. To the Department of Justice, or any other Federal agency
conducting litigation, when (a) DOT, (b) any DOT employee, in his/her
official capacity, or in his/her individual capacity if the Department
of Justice has agreed to represent the employee, or (c) the United
States or any agency thereof, is a party to litigation or has an
interest in litigation, and DOT determines that the use of the records
by the Department of Justice or other Federal agency conducting the
litigation is relevant and necessary to the litigation; provided,
however, that DOT determines, in each case, that disclosure of the
records in the litigation is a use of the information contained in the
records that is compatible with the purpose for which the records where
collected.
10. To parties in proceedings before any court or adjudicative or
administrative body before which DOT appears when (a) DOT, (b) any DOT
employee in his or her official capacity, or in his or her individual
capacity
[[Page 4608]]
where DOT has agreed to represent the employee, or (c) the United
States or any agency thereof is a party to litigation or has an
interest in the proceeding, and DOT determined that is relevant and
necessary to the proceeding; provided, however, that DOT determines, in
each case, that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records where collected.
11. To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906.
12. To another agency or instrumentality of any government
jurisdiction for use in law enforcement activities, either civil or
criminal, or to expose fraudulent claims; however, this routine use
only permits the disclosure of names pursuant to a computer matching
program that otherwise complies with the requirements of the Privacy
Act.
13. To the Attorney General of the United States, of his/her
designee, information indicating that a person meets any of the
qualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. Should the
validity of the information DOT provides to the Attorney General or
his/her designee be disputed, DOT may disclose to that National
Background Information Check System, established by the Brady Handgun
Violence Prevention Act, any information from this system necessary to
resolve the dispute.
14. To appropriate agencies, entities, and persons, when (1) DOT
suspects or has confirmed that there has been a breach of the system of
records; (2) DOT has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to individuals, DOT
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, or persons is reasonably necessary to
assist in connection with DOT's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
15. To DOT's contractors and their agents, DOT's experts,
consultants, and others performing or working on a contract, service,
cooperative agreement, or other assignment for DOT, when necessary to
accomplish an agency function related to this system of records.
16. To an agency, organization, or individual for the purpose of
performing an audit or oversight related to this system or records,
provided that DOT determines the records are necessary and relevant to
the audit or oversight activity. This routine use does not apply to
intra-agency sharing authorized under Section (b)(1) of the Privacy
Act.
17. To a Federal, State, local, tribal, foreign government, or
multinational agency, either in response to a request or upon DOT's
initiative, terrorism information (6 U.S.C. 485(a)(5)), homeland
security information (6 U.S.C. 482(f)(1)), or law enforcement
information (Guideline 2, report attached to White House Memorandum,
``Information Sharing Environment,'' Nov. 22, 2006), when DOT finds
that disclosure of the record is necessary and relevant to detect,
prevent, disrupt, preempt, or mitigate the effects of terrorist
activities against the territory, people, and interests of the United
States, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-456, and Executive Order 13388
(Oct. 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically and/or on paper in
secure facilities. Electronic records may be stored on magnetic disc,
tape, digital media, and CD-ROM.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by the name of the individual who made the
request/appeal, the name of the authorized representative making a
request/appeal on behalf of the individual, the case tracking or
control number assigned to the request or appeal, or chronologically by
date of initial determination.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be retained and disposed in accordance with the
National Archives and Records Administration (NARA) General Records
Schedule (GRS) 4.2, Items 020 and 090, Information Access and
Protection Records. Under Item 020, FOIA and PA requests for access to
records are destroyed six years after final agency action or three
years after final adjudication by the courts, whichever is later, but
longer retention is authorized if required for business use. Under Item
090, PA amendment request files are destroyed with the records for
which amendment was requested, or four years after the close of the
case, whichever is later. Longer retention is authorized if required
for business use.
ADMINISTRATIVE, TECHNICAL, AND SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Appropriate controls have been
imposed to minimize the risk of compromising the information that is
being stored. Access to records in this system is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.
RECORD ACCESS PROCEEDURES:
Individuals seeking access to any record contained in this system
of records may submit a request in writing to the Departmental FOIA
Office whose contact information is listed under the System manager for
this notice. If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Departmental Freedom of Information Act
Office, U.S. Department of Transportation, Room W94-122, 1200 New
Jersey Ave. SE, Washington, DC 20590, ATTN: FOIA request.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you may obtain forms for this purpose from the Chief
Freedom of Information Act Officer, https://www.transportation.gov/foia
or 202.366.4542. In addition you should provide the following:
An explanation of why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
[[Page 4609]]
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the procedures described in ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
Individuals seeking notification of whether this system contains
records about him or her may contact the System Manager following the
procedures described in the ``Record Access Procedures'' above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemptions are claimed for the records associated with the
administrative processing of FOIA and PA requests and appeals. During
the course of a FOIA or PA action, copies of exempt materials from
other systems of records may become part of the case records in this
system. To the extent that copies of exempt records from those `other'
systems of records are entered into the FOIA/PA case file, the same
exemptions apply for those records, as are claimed for the original
systems of records which they are a part.
HISTORY:
71 FR 35320 (June 19, 2006).
Issued in Washington, DC, on February 11, 2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-02356 Filed 2-14-19; 8:45 am]
BILLING CODE 4910-9X-P
