Privacy Act of 1974; Department of Transportation, Office of the Secretary of Transportation; DOT/OST-008, Departmental Advisory Committee Files, 5194-5197 [2019-02758]
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
deterring motor vehicle theft are
contained in the response of the
American Automobile Manufacturers
Association (AAMA) to Docket 97–042;
Notice I (NHTSA Request for Comments
on its preliminary Report to Congress on
the effects of the Anti Car Theft Act of
1992 and the Motor Vehicle Theft Law
Enforcement Act of 1984). In the Report
to Congress, AAMA stated the more
recent antitheft systems are more
effective in reducing auto theft. AAMA
also cited the Highway Loss Data
Institute (HLDI) findings on the
effectiveness of antitheft devices in
reducing theft. AAMA noted that
vehicles with antitheft devices are less
likely to be stolen for joyriding or
transportation and therefore, their
recovery rates are lower.
GM also noted that theft rate data
have indicated a decline in theft rates
for vehicle lines equipped with
comparable devices that have received
full exemptions from the parts-marking
requirements. GM stated that the theft
rate data, as provided by the Federal
Bureau of Investigation’s National Crime
Information Center (NCIC) and
compiled by the agency, show that theft
rates are lower for exempted GM models
equipped with the PASS-Key-like
systems than the theft rates for earlier
models with similar appearance and
construction that were parts-marked.
Based on the performance of the PASSKey, PASS-Key II, and PASS-Key III
devices on other GM models, and the
advanced technology utilized in PASSKey III+, GM believes that the PASS-Key
III+ device will be more effective in
deterring theft than the parts-marking
requirements of 49 CFR part 541.
GM stated that it believes that PASSKey III+ devices will be more effective
in deterring theft than the parts-marking
requirements and that the agency
should find that inclusion of the PASSKey III+ device on the Buick Encore
vehicle line is sufficient to qualify it for
full exemption from the parts-marking
requirements.
GM’s proposed device lacks an
audible or visible alarm. Therefore, this
device cannot perform one of the
functions listed in 49 CFR part
543.6(a)(3), that is, to call attention to
unauthorized attempts to enter or move
the vehicle. GM stated that based on
comparison of the reduction in the theft
rates of Chevrolet Corvettes using a
passive antitheft device along with an
audible/visible alarm system to the
reduction in theft rates for the Chevrolet
Camaro models equipped with a passive
antitheft device without an alarm, GM
finds that the lack of an alarm or
attention-attracting device does not
compromise the theft deterrent
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performance of a device such as PASSKey III+ device. In these instances, the
agency has concluded that the lack of an
audible or visible alarm has not
prevented these antitheft devices from
being effective protection against theft.
Using an average of 3 MYs data (2012–
2014), NHTSA’s theft rates for the
Chevrolet Corvette and Chevrolet
Camaro vehicle lines are 1.2140 and
3.1337 respectively, both below the
median theft rate of 3.5826.
Based on the evidence submitted by
GM, the agency believes that the
antitheft device for the Buick Encore
vehicle line is likely to be as effective
in reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR 541).
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7(b), the agency grants a
petition for exemption from the partsmarking requirements of Part 541, either
in whole or in part, if it determines that,
based upon substantial evidence, the
standard equipment antitheft device is
likely to be as effective in reducing and
deterring motor vehicle theft as
compliance with the parts-marking
requirements of Part 541. The agency
finds that GM has provided adequate
reasons for its belief that the antitheft
device for the Buick Encore vehicle line
is likely to be as effective in reducing
and deterring motor vehicle theft as
compliance with the parts-marking
requirements of the Theft Prevention
Standard (49 CFR part 541). This
conclusion is based on the information
GM provided about its device.
The agency concludes that the device
will provide four of the five types of
performance listed in § 543.6(a)(3):
Promoting activation; preventing defeat
or circumvention of the device by
unauthorized persons; preventing
operation of the vehicle by
unauthorized entrants; and ensuring the
reliability and durability of the device.
The agency notes that 49 CFR part
541, Appendix A–1, identifies those
lines that are exempted from the Theft
Prevention Standard for a given model
year. 49 CFR part 543.7(f) contains
publication requirements incident to the
disposition of all Part 543 petitions.
Advanced listing, including the release
of future product nameplates, the
beginning model year for which the
petition is granted and a general
description of the antitheft device is
necessary in order to notify law
enforcement agencies of new vehicle
lines exempted from the parts marking
requirements of the Theft Prevention
Standard.
If GM decides not to use the
exemption for this line, it should
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formally notify the agency. If such a
decision is made, the line must be fully
marked according to the requirements
under 49 CFR parts 541.5 and 541.6
(marking of major component parts and
replacement parts).
NHTSA notes that if GM wishes in the
future to modify the device on which
this exemption is based, the company
may have to submit a petition to modify
the exemption. Part 543.7(d) states that
a Part 543 exemption applies only to
vehicles that belong to a line exempted
under this part and equipped with the
antitheft device on which the line’s
exemption is based. Further, Part
543.10(c)(2) provides for the submission
of petitions ‘‘to modify an exemption to
permit the use of an antitheft device
similar to but differing from the one
specified in that exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.10(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting Part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates
making any changes, the effects of
which might be characterized as de
minimis, it should consult the agency
before preparing and submitting a
petition to modify.
For the foregoing reasons, the agency
hereby grants in full GM’s petition for
exemption for the Buick Encore vehicle
line from the parts-marking
requirements of 49 CFR part 541,
beginning with its model year (MY)
2020 vehicles.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2019–02752 Filed 2–19–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2018–0202]
Privacy Act of 1974; Department of
Transportation, Office of the Secretary
of Transportation; DOT/OST–008,
Departmental Advisory Committee
Files
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
AGENCY:
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Notice of Privacy Act system of
records and rescission of one system of
records.
ACTION:
In accordance with the
Privacy Act of 1974, the U.S.
Department of Transportation proposes
to reissue, with updates, a system of
records, ‘‘Department of Transportation/
OST–008 Departmental Advisory
Committee Files.’’ This system of
records allows the Department to collect
and maintain records submitted to the
Department by or in connection with
applicants for members on a Department
of Transportation advisory committees
to enable the Department to make
decisions about committee membership
and manage committees. The
Department also consolidating an
existing system of records notice, ‘‘DOT/
RSPA 08, Technical Pipeline Safety
Committees for Natural Gas and
Hazardous Liquids’’ with this system
and rescinding the notice for DOT/
RSPA 08.
DATES: Written comments should be
submitted on or before March 22, 2019.
The Department may publish an
amended Systems of Records Notice in
light of any comments received. This
system will be effective March 22, 2019.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2018–0202 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–2018–0202. 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
SUMMARY:
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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 reissue and
update a system of records titled,
‘‘Department of Transportation/OST–
008, Departmental Advisory Committee
Files.’’ The Department also intends to
rescind the following legacy notice,
‘‘DOT/RSPA 08, Technical Pipeline
Safety Committees for Natural Gas and
Hazardous Liquids’’ and consolidate
records managed under that Notice with
this updated System.
The DOT sponsors advisory
committees in accordance with the
Federal Advisory Committee Act when
DOT or Congress deems it would be
beneficial to obtain advice or
recommendations on issues or policies
under consideration by DOT. The
composition of an advisory committee is
determined by DOT, or statute, and may
include special government employees,
Federal employees, or representatives of
outside organizations, such as trade
groups or industry. Individuals
interested in serving on an advisory
committee may apply directly to DOT
for consideration, or be recommended
by others. The DOT collects information
about applicants to assess their
qualifications to serve as a committee
member, such as employment and
educational experiences, references, and
other information relevant to the
applicant’s qualifications, which may
include a criminal background check
and credit check. This system was
originally established in the mid-1970s;
however, the Department later
determined that files about advisory
committee applicants and members
were not retrievable by individual name
or personal identifier. As a result, the
Department retired this notice in 2000.
The Department is updating its
processes for evaluating applications for
membership on advisory committees
and for managing records about
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5195
committee applicants and members. As
these records will be retrievable by
applicant/member name, the
Department is reinstating the notice,
with updates to reflect changes in the
location of the Department’s
headquarters and incorporation of all
applicable DOT general routine uses.
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, DOT proposes two
routine uses for this system, in addition
to the general routine uses applicable
this system and described below. The
DOT may disclose information to OMB,
the Executive Office of the President, or
the General Services Administration,
when necessary and relevant to DOT’s
management of the advisory committee,
including as needed in DOT’s
consideration of applicants for
membership on an advisory committee,
or to comply with any obligations to
report information about advisory
committees to those entities. This use is
compatible with the purpose of the
collection, which is to administer
advisory committees in accordance with
the Federal Advisory Committee Act. In
addition, DOT may disclose information
from this system to the public to inform
the public about the identity and
qualifications of individuals selected to
serve as members of advisory
committees. As one of the purposes of
the Federal Advisory Committee Act is
to ensure transparency to the public
about advisory committee advice and
activities, a routine use permitting
disclosure of information about advisory
committee members is compatible with
the purpose of the collection.
We also are consolidating an existing
system of records notices, ‘‘DOT/RSPA
08, Technical Pipeline Safety
Committees for Natural Gas and
Hazardous Liquids’’ into this system of
records and retiring the notice for DOT/
RSPA 08. This system was established
for the Pipeline and Hazardous
Materials Safety Administration to
maintain information about applicants
and members of the Pipeline Safety
Committees for Natural Gas and
Hazardous Liquids. As this type of
information also be covered by this
System, the Department determined that
separate notices are not needed and,
therefore, is retiring the notice for DOT/
RSPA–08.
Finally, we have updated the format
and included the relevant and
compatible Departmental General
Routine Uses to conform to Office of
Management and Budget Circular A–
108, Federal Agency Responsibilities for
Review, Reporting, and Publication
under the Privacy Act.’’ This updated
system will be included in DOT’s
inventory of record systems. This Notice
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does not apply to records covered by
other System of Records Notices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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.
Individuals who are or were members
of advisory committees, who have
applied or were nominated to serve on
advisory committees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include:
Advisory committee applicant,
nominee, and member name, title, home
address, business address, employer,
organizational affiliation, phone
number, email address, educational
institutions attended, degrees held,
employment history, references/letters
of recommendation, and other
information relevant to an individual’s
qualifications to serve on an advisory
committee. This system also may
include the applicant’s date of birth,
social security number, gender, race,
drivers license number and state of
issuance, and prior residences for
purposes of obtaining a credit check and
criminal background check. The system
will also include the results of those
checks. The system also includes
information about the member’s
position on the committee, including
documentation of their appointment,
date of appointment, term, date of
separation, and reason for separation.
RECORD SOURCE CATEGORIES:
SYSTEM LOCATION:
Records are obtained from individuals
who apply to serve on advisory
committees, individuals identified by
applicants as their references, Members
of Congress, applicants’ former
employers. Information may also be
obtained from publicly available sources
with the applicant’s consent.
Records are maintained at the
Department of Transportation
headquarters in Washington, DC.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/OST–
008, Federal Advisory Committee Files
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM MANAGER AND ADDRESS:
Committee Management Officer, U.S.
Department of Transportation, Office of
the Secretary, Office of the Executive
Secretariat, 1200 New Jersey Ave. SE,
Washington, DC 20950, (202) 366–4277.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act,
Public Law 92–463, as amended.
PURPOSE(S):
The information in this system is used
to evaluate and select individuals for
membership on advisory committees
within the jurisdiction of the
Department, and for the management of
advisory committees in the Department,
including the preparation of reports,
documenting membership, and the
nomination and appointment of
members, member terms, vacancies,
acceptance, and separation.
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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 the Executive Office of the
President, the Office of Management
and Budget, or the General Services
Administration when necessary in the
administration of the Department’s
advisory committee, including
complying with reporting obligations;
2. To the public, information about an
advisory committee’s membership and
qualifications when the Department
deems it necessary to inform the public
of advisory committee membership or
activities. This routine use does not
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permit disclosure of information
obtained in a criminal background or
credit check, social security number,
driver license number, and date of birth.
Department General Routine Uses
3. 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;
4. To a Federal, State, or local agency
maintaining civil, criminal, or other
information, such as current licenses, if
necessary for DOT to obtain information
relevant to a DOT decision;
5. 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;
6. 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
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;
7. To the National Archives and
Records Administration for an
inspection under 44 U.S.C. 2904 and
2906.
8. 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.
9. To the Attorney General of the
United States, of his/her designee,
information indicating that a person
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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.
10. To appropriate agencies, entities,
and persons, when (1) DOT suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) DOT has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DOT or not) that rely on
the compromised information; 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.
11. 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.
12. 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.
13. 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
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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.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name of
individual or committee name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Resumes and references of members
and applicants are retained and
disposed of when they are superseded,
obsolete, or no longer needed, in
accordance with General Records
Schedule 6.2, Item 050. Records related
to the selection and membership of
committee members are permanent, and
transferred to the National Archives and
Records Administration when they are
15 years old or the committee is
termination, whichever is sooner, in
accordance with General Records
Schedule 6.2, Item 010.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
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 PROCEDURES:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request to the System Manager in
writing in writing to the address
provided under ‘‘System Manager and
Address.’’ Individuals may also search
the public docket at
www.regulations.gov by their name.
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
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5197
for notarization. While no specific form
is required, 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.
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:
None.
HISTORY:
DOT/OST–008; 65 FR 19570 (April
11, 2000); DOT/RSPA–08 65 FR 19561,
(April 11, 2000).
Issued in Washington, DC, on February 14,
2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019–02758 Filed 2–19–19; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Regulation Project
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5194-5197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02758]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2018-0202]
Privacy Act of 1974; Department of Transportation, Office of the
Secretary of Transportation; DOT/OST-008, Departmental Advisory
Committee Files
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.
[[Page 5195]]
ACTION: Notice of Privacy Act system of records and rescission of one
system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Transportation proposes to reissue, with updates, a
system of records, ``Department of Transportation/OST-008 Departmental
Advisory Committee Files.'' This system of records allows the
Department to collect and maintain records submitted to the Department
by or in connection with applicants for members on a Department of
Transportation advisory committees to enable the Department to make
decisions about committee membership and manage committees. The
Department also consolidating an existing system of records notice,
``DOT/RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' with this system and rescinding the notice for DOT/
RSPA 08.
DATES: Written comments should be submitted on or before March 22,
2019. The Department may publish an amended Systems of Records Notice
in light of any comments received. This system will be effective March
22, 2019.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2018-0202 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-2018-0202. 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 reissue and update a system of records titled, ``Department
of Transportation/OST-008, Departmental Advisory Committee Files.'' The
Department also intends to rescind the following legacy notice, ``DOT/
RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' and consolidate records managed under that Notice
with this updated System.
The DOT sponsors advisory committees in accordance with the Federal
Advisory Committee Act when DOT or Congress deems it would be
beneficial to obtain advice or recommendations on issues or policies
under consideration by DOT. The composition of an advisory committee is
determined by DOT, or statute, and may include special government
employees, Federal employees, or representatives of outside
organizations, such as trade groups or industry. Individuals interested
in serving on an advisory committee may apply directly to DOT for
consideration, or be recommended by others. The DOT collects
information about applicants to assess their qualifications to serve as
a committee member, such as employment and educational experiences,
references, and other information relevant to the applicant's
qualifications, which may include a criminal background check and
credit check. This system was originally established in the mid-1970s;
however, the Department later determined that files about advisory
committee applicants and members were not retrievable by individual
name or personal identifier. As a result, the Department retired this
notice in 2000. The Department is updating its processes for evaluating
applications for membership on advisory committees and for managing
records about committee applicants and members. As these records will
be retrievable by applicant/member name, the Department is reinstating
the notice, with updates to reflect changes in the location of the
Department's headquarters and incorporation of all applicable DOT
general routine uses.
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DOT
proposes two routine uses for this system, in addition to the general
routine uses applicable this system and described below. The DOT may
disclose information to OMB, the Executive Office of the President, or
the General Services Administration, when necessary and relevant to
DOT's management of the advisory committee, including as needed in
DOT's consideration of applicants for membership on an advisory
committee, or to comply with any obligations to report information
about advisory committees to those entities. This use is compatible
with the purpose of the collection, which is to administer advisory
committees in accordance with the Federal Advisory Committee Act. In
addition, DOT may disclose information from this system to the public
to inform the public about the identity and qualifications of
individuals selected to serve as members of advisory committees. As one
of the purposes of the Federal Advisory Committee Act is to ensure
transparency to the public about advisory committee advice and
activities, a routine use permitting disclosure of information about
advisory committee members is compatible with the purpose of the
collection.
We also are consolidating an existing system of records notices,
``DOT/RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' into this system of records and retiring the notice
for DOT/RSPA 08. This system was established for the Pipeline and
Hazardous Materials Safety Administration to maintain information about
applicants and members of the Pipeline Safety Committees for Natural
Gas and Hazardous Liquids. As this type of information also be covered
by this System, the Department determined that separate notices are not
needed and, therefore, is retiring the notice for DOT/RSPA-08.
Finally, we have updated the format and included the relevant and
compatible Departmental General Routine Uses to conform to Office of
Management and Budget Circular A-108, Federal Agency Responsibilities
for Review, Reporting, and Publication under the Privacy Act.'' This
updated system will be included in DOT's inventory of record systems.
This Notice
[[Page 5196]]
does not apply to records covered by other System of Records Notices.
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.
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/OST-008, Federal Advisory Committee
Files
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Department of Transportation
headquarters in Washington, DC.
SYSTEM MANAGER AND ADDRESS:
Committee Management Officer, U.S. Department of Transportation,
Office of the Secretary, Office of the Executive Secretariat, 1200 New
Jersey Ave. SE, Washington, DC 20950, (202) 366-4277.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act, Public Law 92-463, as amended.
PURPOSE(S):
The information in this system is used to evaluate and select
individuals for membership on advisory committees within the
jurisdiction of the Department, and for the management of advisory
committees in the Department, including the preparation of reports,
documenting membership, and the nomination and appointment of members,
member terms, vacancies, acceptance, and separation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are or were members of advisory committees, who
have applied or were nominated to serve on advisory committees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include: Advisory committee applicant,
nominee, and member name, title, home address, business address,
employer, organizational affiliation, phone number, email address,
educational institutions attended, degrees held, employment history,
references/letters of recommendation, and other information relevant to
an individual's qualifications to serve on an advisory committee. This
system also may include the applicant's date of birth, social security
number, gender, race, drivers license number and state of issuance, and
prior residences for purposes of obtaining a credit check and criminal
background check. The system will also include the results of those
checks. The system also includes information about the member's
position on the committee, including documentation of their
appointment, date of appointment, term, date of separation, and reason
for separation.
RECORD SOURCE CATEGORIES:
Records are obtained from individuals who apply to serve on
advisory committees, individuals identified by applicants as their
references, Members of Congress, applicants' former employers.
Information may also be obtained from publicly available sources with
the applicant's consent.
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 the Executive Office of the President, the Office of
Management and Budget, or the General Services Administration when
necessary in the administration of the Department's advisory committee,
including complying with reporting obligations;
2. To the public, information about an advisory committee's
membership and qualifications when the Department deems it necessary to
inform the public of advisory committee membership or activities. This
routine use does not permit disclosure of information obtained in a
criminal background or credit check, social security number, driver
license number, and date of birth.
Department General Routine Uses
3. 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;
4. To a Federal, State, or local agency maintaining civil,
criminal, or other information, such as current licenses, if necessary
for DOT to obtain information relevant to a DOT decision;
5. 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;
6. 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 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;
7. To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906.
8. 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.
9. To the Attorney General of the United States, of his/her
designee, information indicating that a person
[[Page 5197]]
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.
10. To appropriate agencies, entities, and persons, when (1) DOT
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) DOT has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by DOT or not) that rely
on the compromised information; 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.
11. 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.
12. 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.
13. 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.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name of individual or committee name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Resumes and references of members and applicants are retained and
disposed of when they are superseded, obsolete, or no longer needed, in
accordance with General Records Schedule 6.2, Item 050. Records related
to the selection and membership of committee members are permanent, and
transferred to the National Archives and Records Administration when
they are 15 years old or the committee is termination, whichever is
sooner, in accordance with General Records Schedule 6.2, Item 010.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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 PROCEDURES:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request to the System Manager in writing in writing to the
address provided under ``System Manager and Address.'' Individuals may
also search the public docket at www.regulations.gov by their name.
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 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.
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:
None.
HISTORY:
DOT/OST-008; 65 FR 19570 (April 11, 2000); DOT/RSPA-08 65 FR 19561,
(April 11, 2000).
Issued in Washington, DC, on February 14, 2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-02758 Filed 2-19-19; 8:45 am]
BILLING CODE 4910-9X-P
