Privacy Act of 1974; Department of Transportation, Federal Aviation Administration; DOT/FAA 854, Small Unmanned Aircraft Systems (sUAS) Waivers and Authorizations, 32512-32517 [2019-14449]
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review and evaluation of the USMC’s
SEA, dated July 2018, and its supporting
documents. As a cooperating agency
with responsibility for approving
special use airspace (SUA) under 49
U.S.C. 40103(b)(3)(A), the FAA
provided subject matter expertise and
coordinated with the USMC during the
environmental review process.
FAA circularized the proposed action
from February 23, 2019 through April 1,
2019 in the areas required by JO
7400.2M, which resulted in zero public
comments. The FONSI/ROD and SEA
are available upon request by contacting
Paula Miller at: Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–7378.
Issued in Des Moines, WA, on June 24,
2019.
Shawn Kozica,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2019–14471 Filed 7–5–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2019–0097]
Privacy Act of 1974; Department of
Transportation, Federal Aviation
Administration; DOT/FAA 854, Small
Unmanned Aircraft Systems (sUAS)
Waivers and Authorizations
Federal Aviation
Administration, Department of
Transportation.
ACTION: Notice of a modified System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the United States
Department of Transportation proposes
to rename, update, and reissue a
Department of Transportation (DOT)
system of records titled, ‘‘Department of
Transportation Federal Aviation
Administration; DOT/FAA 854,
Requests for Waivers and
Authorizations Under 14 CFR part 107.’’
This system of records allows the
Federal Aviation Administration (FAA)
to collect and maintain records on
individuals operating small unmanned
aircraft systems (hereinafter ‘‘sUAS’’)
who request and receive authorizations
to fly their sUAS in controlled airspace,
or waivers to fly their sUAS outside of
the requirements of the Code of Federal
Regulations. This updated system,
Small Unmanned Aircraft Systems
(sUAS) Waivers and Authorizations,
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SUMMARY:
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will be included in the Department of
Transportation’s inventory of record
systems.
Written comments should be
submitted on or before August 7, 2019.
The Department may publish an
amended Systems of Records Notice in
light of any comments received. This
new system will be effective
immediately and the modified routine
use effective August 7, 2019.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2019–0097 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–2019–0097.
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.
DATES:
For
questions, please contact: Claire W.
Barrett, Departmental Chief Privacy
Officer, Privacy Office, Department of
Transportation, Washington, DC 20590;
privacy@dot.gov; or 202.366.8135.
SUPPLEMENTARY INFORMATION: Under
current law, persons flying sUAS under
the provisions of 14 CFR part 107 or
flying sUAS in limited recreational
operations pursuant to 49 U.S.C.
44809(a) may not operate sUAS in Class
B, Class C, or Class D airspace or within
FOR FURTHER INFORMATION CONTACT:
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the lateral boundaries of the surface area
of Class E airspace designated for an
airport unless the person has received
authorization to operate from the FAA.
sUAS operators under part 107, who are
also referred to as remote pilots in
command, may request waivers of
operational rules applicable to sUAS
requirements maintaining visual line of
sight and yielding right of way to
manned aircraft, as well as prohibitions
on operations over people and in certain
airspace pursuant to part 107.
The FAA is revising SORN 854
because in 2018, Congress passed the
FAA Reauthorization Act of 2018,
which enacted 49 U.S.C. 44809(a)
requiring authorizations for limited
recreational operators flying sUAS in
controlled airspace. Before the
enactment of § 44809(a), SORN 854
covered only sUAS operators who
operated under 14 CFR part 107. At that
time, only Part 107 operators could
submit requests for authorization, as
limited recreational operators as defined
under previous law were not required to
receive authorizations before flying in
controlled airspace. Now, both types of
operators (Part 107 and § 44809(a)) are
required to request and receive such
authorizations.
Additionally, the FAA is updating the
SORN to account for two new systems
through which sUAS operators can
request for waivers and/or
authorizations. The first is a new webbased system, which has replaced
previous paper forms. Using this webbased system, sUAS operators who
determine to seek a waiver or an
authorization may request such by
electronically completing a form on the
FAA website. After reviewing the
information the applicant provides, the
FAA will determine whether it can
assure safety in the national airspace
when granting the waiver or
authorization; often, such grants will
include provisions to which the
requester must adhere, to mitigate the
risk associated with the waiver or
authorization.
Operators may now also request
authorizations through third parties
qualified to offer services by the FAA
under the Low Altitude Authorization
and Notification Capability (hereinafter
‘‘LAANC’’). These third parties, called
UAS Service Suppliers (hereinafter
‘‘USS’’), enter into agreements with the
FAA to automate and expedite the
process by which sUAS operators
receive authorization to fly in the
aforementioned airspace from the FAA.
The USS develop applications that
enable operators to submit requests for
authorization to the FAA where the
requests are evaluated against pre-
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determined criteria contained in
LAANC. This enables operators to
obtain authorizations quickly and
efficiently to operate in Class B, C, D,
and lateral boundaries of surface area E
airspace designated for an airport. The
number of USS available to the public
and the locations where LAANC is
available is updated on the FAA
website.
The following sections of this system
of records notice have been updated:
System name; authority; purpose;
categories of records; record source;
routine uses; storage; retention and
disposal; and safeguards.
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Transportation (DOT)/Federal Aviation
Administration (FAA) proposes to
rename, update, and reissue a DOT
system of records titled, ‘‘DOT/FAA 854
Requests for Waivers and
Authorizations Under 14 CFR part 107.’’
This update results from the recentlypassed FAA Reauthorization Act of
2018, which enacts 49 U.S.C. 44809(a).
Specifically, sUAS operators who meet
the requirements established in
§ 44809(a) are now required to request
and receive authorization from the FAA
before flying their sUAS in controlled
airspace. Prior to this legislation, only
sUAS operators who operated in
accordance with FAA regulations at 14
CFR part 107 were required to request
and receive these authorizations.
Accordingly, the previous iteration of
this SORN applied only to individuals
operating their sUAS in accordance
with Part 107. This update expands the
SORN’s scope to cover individuals
operating their sUAS in accordance
with 49 U.S.C. 44809(a). Additionally,
the SORN is updated to reflect new
automated methods for requesting and
receiving waivers and authorizations.
Specifically, this update includes
changes to the following sections:
System name; authority; purpose;
categories of records; record source;
routine uses; storage; retention and
disposal; and safeguards.
• The scope of this system of records
has expanded to include records on
sUAS operators who operate § 44809(a);
accordingly, we are proposing to update
the notice’s name to ‘‘Small Unmanned
Aircraft Systems (sUAS) Waivers and
Authorizations.’’
• The authorities section has likewise
been updated to include 49 U.S.C.
44809(a) to reflect the new legal
authority requiring limited recreational
operators to request authorizations.
• The purpose section has also been
updated to encompass individuals
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operating their sUAS in accordance
with § 44809(a); however, the purpose
for collecting information for all
categories of individuals otherwise
remains the same.
• The records category section has
been updated to reflect additional
categories of information collected by
the automated system for processing
authorizations. Specifically, the
following additional information will be
collected by this automated system:
Specification of proposed sUAS
operations; sUAS flight plan
information (including geometry);
airspace class(es); submission reference
codes; and safety justifications for nonauto-authorized operations.
• The records source section has been
updated to reflect that records are
obtained on behalf of individuals from
the USS, to include new automated
methods for requesting and receiving
authorizations.
• The routine use section has been
updated. Specifically, a system-specific
routine use allowing the sharing of
information to law enforcement has
been eliminated, as the FAA determined
that it is duplicative of a departmental
routine use. Further, a system-specific
routine use has been added to allow the
FAA to share waiver and authorization
information with the NTSB in
connection with its investigative
responsibilities. These two changes to
the routine use section are further
addressed below in section 1.B.
• Finally, OMB Circular A–108
recommends that agencies include all
routine uses in one notice rather than
incorporating general routine uses by
reference; therefore, FAA is replacing
the routine use that referenced the
‘‘Statement of General Routine Uses’’
with all of the general routine uses that
apply to this system. This is merely a
technical change and does not
substantially affect any of the routine
uses for records of this system.
• The storage, retention and disposal,
and safeguard sections has been
updated remove the reference to 14 CFR
part 107, therefore reflecting the
expansion in scope of the system of
records to incorporate records on sUAS
operators who request waiver under 14
CFR part 107 and those who request
authorizations under both 14 CFR part
107 and 49 U.S.C. 44809(a). Previously,
these sections referred only to 14 CFR
part 107.
• Additionally, this notice includes
non-substantive changes to simplify and
clarify the language, formatting, and text
of the previously published notice to
align with the requirements of Office of
Management and Budget Memoranda
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A–108, and for consistency with other
departmental system of records notices.
A. Description of Records
The FAA’s regulations at 14 CFR part
107 governing operation of sUAS
permits operators to apply for
certificates of waiver to allow a sUAS
operation to deviate from certain
provisions of 14 CFR part 107 if the
FAA Administrator finds the operator
can safely conduct the proposed
operation under the terms of a
certificate of waiver. Operators flying
under 14 CFR part 107 or flying limited
recreational operations under 49 U.S.C.
44809(a) may request authorizations to
enter controlled airspace (Class B, Class
C, or Class D airspace, or within the
lateral boundaries of the surface area of
Class E airspace designated for an
airport). The FAA assesses requests for
waivers on a case-specific basis that
considers the proposed sUAS operation,
the unique operating environment, and
the safety mitigations provided by that
operating environment. Accordingly,
this SORN covers documents relevant to
both waivers of certain provisions of
part 107 as well as authorizations to fly
in controlled airspace.
1. Waivers
To obtain a certificate of waiver, an
applicant must submit a request
containing a complete description of the
proposed operation and a justification,
including supporting data and
documentation as necessary, to establish
the proposed operation can safely be
conducted under the terms of the
requested certificate of waiver. The FAA
expects that the time and effort the
operator will put into the analysis and
data collection for the waiver
application will be proportional to the
specific relief requested. Similarly, the
FAA anticipates that the time required
for it to make a determination regarding
waiver requests will vary based on the
complexity of the request. For example,
a request for a major deviation from part
107 for an operation that takes place in
a congested metropolitan area with
heavy air traffic will likely require
significantly more data and analysis
than a request for a minor deviation for
an operation that takes place in a
sparsely populated area with minimal
air traffic. If a certificate of waiver is
granted, that certificate may include
additional conditions and limitations
designed to ensure that the sUAS
operation can be conducted safely. The
certificate-of-waiver process will allow
the FAA to assess case-specific
information concerning a sUAS
operation that takes place in a unique
operating environment and consider
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allowing additional operating flexibility
that recognizes safety mitigations
provided by the specific operating
environment. The FAA anticipates that
this process will also serve as a bridging
mechanism for new and emerging
technologies; allowing the FAA to
permit testing and use of those
technologies, as appropriate, before the
pertinent future rulemaking is complete.
Information collected relevant to
waivers include: Name of person
requesting the waiver, contact
information for person applying for the
waiver (telephone number, mailing
address, and email address); Remote
pilot in command name; remote pilot in
command’s airmen certification number
and rating; remote pilot in command
contact information; aircraft registration
number; aircraft manufacturer name and
model; submission reference code;
regulations subject to waiver; requested
date and time operations will
commence and conclude under the
waiver; flight path information,
including but not limited to altitude and
coordinates; safety justification;
description of proposed operations.
2. Airspace Authorizations
For airspace authorization requests to
operate a sUAS in Class B, Class C,
Class D or within the lateral boundaries
of the surface area of Class E airspace
designated for an airport, a remote pilot
in command may seek either automatic
approval or a request for further
coordination from the FAA. Automatic
approvals are completed by checking
against pre-determined FAA-approved
altitude values and locations within the
aforementioned airspace. Requests sent
through the FAA website are manually
checked against the pre-determined
values to either approve or deny the
request. As this method requires manual
approval and is not scalable to the
numbers of requests for authorization,
time for the sUAS operator to receive a
response is variable and can take up to
90 days or more. Requests sent through
LAANC are done through an automated
process and operators receive near real
time notice of either an approval or
denial of the authorization request.
Requests for further coordination are
those authorization requests for
operations that are within the
aforementioned airspace and under 400
feet of altitude, but otherwise are a
location and altitude that has not been
pre-determined by the FAA to be safe
without further consideration. These
requests for further coordination are
sent via either the FAA website or
through LAANC and routed to the local
Air Traffic Control facility where the
requested operation would take place to
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make an approval (or denial) decision.
The appropriate ATC facility has the
best understanding of local airspace, its
usage, and traffic patterns and is in the
best position to ascertain whether the
proposed sUAS operation would pose a
hazard to other users or the efficiency of
the airspace, and procedures to
implement to mitigate such hazards.
The ATC facility has the authority to
approve or deny aircraft operations
based on traffic density, controller
workload, communications issues, or
any other type of operational issues that
could potentially impact the safe and
efficient flow of air traffic in that
airspace. If necessary to approve a sUAS
operation, ATC may require mitigations
such as altitude constraints and direct
communication. ATC may deny
requests that pose an unacceptable risk
to the national airspace system (NAS)
and cannot be mitigated.
Information collected relevant to
airspace authorizations requested using
the non-automated method include:
Aircraft operator name; aircraft owner
name; name of person requesting the
authorization; contact information for
the person applying for the
authorization; remote pilot in command
name; remote pilot in command contact
information; remote pilot in command
certificate number; aircraft manufacturer
name and model; aircraft registration
number; requested date and time
operations will commence and
conclude; requested altitude applicable
to the authorization; and description of
proposed operations.
Information collected relevant to
airspace authorizations requested using
the automated method (LAANC)
include: Name of pilot in command;
contact telephone number of remote
pilot in command; start date, time, and
duration of operation; maximum
altitude; geometry; airspace class(es);
submission reference code; safety
justification for non-auto-authorized
operation; and aircraft registration
number.
B. System of Records
As described below in the Routine
Uses section of this notice, the FAA will
make the following information
available to the public on an FAA
website: Waiver applications and
decisions, including any history of
previous, pending, existing, or denied
requests for waivers applicable to the
sUAS at issue for purposes of the
waiver, and special provisions
applicable to the sUAS operation that is
the subject of the request. Such
availability is compatible with the
purposes of this system because this
system is intended, in part, to educate
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sUAS operators who seek to apply for a
waiver, as operators will be able to
review prior grants of waivers and the
accompanying special provisions in
their efforts to replicate successful
waiver applications. The FAA does not
plan to post records relevant to airspace
authorizations on its website because
airspace authorizations are unique to
each operation. Each airspace
authorization is specific to the location
and time of the planned operation;
therefore, posting of airspace
authorizations would not prove
advantageous to prospective applicants.
Finally, this system of records notice
has been updated to include a new
routine use to allow disclosure of
records to the National Transportation
Safety Board (NTSB) in connection with
its investigative responsibilities. Such
disclosure is compatible with the
purposes of this system because this
system is intended, in part, to provide
for safety of the NAS. The NTSB may
require these records in the event that
an sUAS is involved in an aircraft
accident requiring NTSB investigation.
Disclosure of these records to NTSB for
this purpose ensures NTSB’s ability to
fully investigate such accidents and
therefore maintain safety of the NAS.
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
DOT/FAA—854 Small Unmanned
Aircraft Systems (sUAS) Waivers and
Authorizations.
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SECURITY CLASSIFICATION:
issued waiver or authorizations and
records from this system may be used by
FAA for enforcement purposes.
Unclassified.
SYSTEM LOCATION:
For waivers, the system will be
located in the Commercial Operations
Branch, Flight Standards Service (AFS–
820), Federal Aviation Administration,
800 Independence Avenue SW,
Washington, DC 20024. For airspace
authorizations, the system will be
located in the Emerging Technologies
Team (AJV–115), Air Traffic
Organization, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20024.
SYSTEM MANAGER(S) AND ADDRESS:
For waivers: Manager, Commercial
Operations Branch, Flight Standards
Service (AFS–820), Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20024. For
airspace authorizations: Manager, UAS
Tactical Operations Section, Air Traffic
Organization, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20024.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 106(g), Duties and powers of
Administrator; 49 U.S.C. 40101, Policy;
49 U.S.C. 40103, Sovereignty and use of
airspace; 49 U.S.C. 40106, Emergency
powers; 49 U.S.C. 40113,
Administrative; 49 U.S.C. 44701,
General requirements; FAA
Modernization and Reform Act of 2012,
Public Law 112–95 (‘‘FMRA’’) § 333,
Special Rules for Certain Unmanned
Aircraft Systems; 14 CFR part 107,
subpart D, ‘‘Waivers’’; 14 CFR 107.41,
‘‘Operation in certain airspace’’; and 49
U.S.C. 44809(a).
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PURPOSE(S):
The purpose of this system is to
receive, evaluate, and respond to
requests for authorization to operate a
sUAS in Class B, C, or D airspace or
within the lateral boundaries of the
surface area of Class E airspace
designated for an airport, and evaluate
requests for a certificate of waiver to
deviate safely from one or more sUAS
operational requirements specified in 14
CFR part 107. The FAA also will use
this system to support FAA safety
programs and agency management,
including safety studies and
assessments. The FAA may use contact
information provided with requests for
waiver or authorization to provide sUAS
owners and operators’ information
about potential unsafe conditions and
educate sUAS owners and operators
regarding safety requirements for
operation. The FAA also will use this
system to maintain oversight of FAA
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Aircraft operators, aircraft owners,
persons requesting a waiver or
authorization.
CATEGORIES OF RECORDS IN THE SYSTEM:
Aircraft operator name; Aircraft
owner name; Name of person requesting
a waiver or authorization; Contact
information for person applying for
waiver or authorization: Mailing
address, telephone number, and email
address of person submitting
application for waiver or authorization;
Responses to inquiries concerning the
applicant’s previous and current
waivers; Remote pilot in command
name; Airmen Certification Number (in
those individuals certificated under
another program prior to 2013 and have
not requested a change of certificate
number the airmen certificate number
may be the individual’s Social Security
Number); Contact information for
remote pilot in command: Address and
telephone number; Remote pilot in
command certificate number; Aircraft
manufacturer name and model; Aircraft
registration number; Regulations subject
to waiver or authorization; Requested
date and time operations will
commence and conclude under waiver
or authorization; Flight path
information, including but not limited
to the requested altitude and
coordinates of the applicable to the
waiver or authorization; Description of
proposed operations; specifications;
Geometry (center point with radius or
Geo/JSON polygon); airspace class(s);
Submission reference code; Safety
justification for non-auto-authorized
operations.
RECORD SOURCE CATEGORIES:
Records are obtained from
individuals, manufacturers of aircraft,
maintenance inspectors, mechanics, and
FAA officials. Records are also obtained
on behalf of individuals through UAS
Service Suppliers.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to other 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:
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SYSTEM SPECIFIC ROUTINE USES:
1. To the public, waiver applications
and decisions, including any history of
previous, pending, existing, or denied
requests for waivers applicable to the
sUAS at issue for purposes of the
waiver, and special provisions
applicable to the sUAS operation that is
the subject of the request. Email
addresses and telephone numbers will
not be disclosed pursuant to this
Routine Use. Airspace authorizations
the FAA issues also will not be
disclosed pursuant to this Routine Use,
except to the extent that an airspace
authorization is listed or summarized in
the terms of a waiver.
2. To law enforcement, when
necessary and relevant to a FAA
enforcement activity.
3. Disclose information to the
National Transportation Safety Board
(NTSB) in connection with its
investigation responsibilities.
DEPARTMENTAL ROUTINE USES:
4. In the event that a system of records
maintained by DOT to carry out its
functions indicates a violation or
potential violation of law, whether civil,
criminal or regulatory in nature, and
whether arising by general statute or
particular program pursuant thereto, the
relevant records in the system of records
may be referred, as a routine use, to the
appropriate agency, whether Federal,
State, local or foreign, charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, or rule, regulation, or order
issued pursuant thereto.
5. A record from this system of
records may be disclosed, as a routine
use, 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 to obtain
information relevant to a DOT decision
concerning the hiring or retention of an
employee, the issuance of a security
clearance, the letting of a contract, or
the issuance of a license, grant or other
benefit.
6. A record from this system of
records may be disclosed, as a routine
use, to a federal agency, in response to
its request, in connection with the
hiring or retention of an employee, the
issuance of a security clearance, the
reporting of an investigation of 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 is relevant
and necessary to the requesting agency’s
decision on the matter.
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7. Routine Use for Disclosure for Use
in Litigation. It shall be a routine use of
the records in this system of records to
disclose them to the Department of
Justice or other Federal agency
conducting litigation when (a) DOT, or
any agency thereof, or (b) Any employee
of DOT or any agency thereof (including
a member of the Coast Guard), in his/
her official capacity, or (c) Any
employee of DOT or any agency thereof
(including a member of the Coast
Guard), in his/her individual capacity
where the Department of Justice has
agreed to represent the employee, or (d)
The United States or any agency thereof,
where DOT determines that litigation is
likely to affect the United States, is a
party to litigation or has an interest in
such litigation, and the use of such
records by the Department of Justice or
other Federal agency conducting the
litigation is deemed by DOT to be
relevant and necessary in the litigation,
provided, however, that in each case,
DOT determines 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 were collected. 6b.
Routine Use for Agency Disclosure in
Other Proceedings. It shall be a routine
use of records in this system to disclose
them in proceedings before any court or
adjudicative or administrative body
before which DOT or any agency
thereof, appears, when (a) DOT, or any
agency thereof, or (b) Any employee of
DOT or any agency thereof (including a
member of the Coast Guard) in his/her
official capacity, or (c) Any employee of
DOT or any agency thereof (including a
member of the Coast Guard) in his/her
individual capacity where DOT has
agreed to represent the employee, or (d)
The United States or any agency thereof,
where DOT determines that the
proceeding is likely to affect the United
States, is a party to the proceeding or
has an interest in such proceeding, and
DOT determines that use of such
records is relevant and necessary in the
proceeding, provided, however, that in
each case, DOT determines 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 were collected.
8. The information contained in this
system of records will be disclosed to
the Office of Management and Budget,
OMB in connection with the review of
private relief legislation as set forth in
OMB Circular No. A–19 at any stage of
the legislative coordination and
clearance process as set forth in that
Circular.
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9. One or more records from a system
of records may be disclosed routinely to
the National Archives and Records
Administration in records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
10. DOT may make available to
another agency or instrumentality of any
government jurisdiction, including State
and local governments, listings of names
from any system of records in DOT for
use in law enforcement activities, either
civil or criminal, or to expose fraudulent
claims, regardless of the stated purpose
for the collection of the information in
the system of records. These
enforcement activities are generally
referred to as matching programs
because two lists of names are checked
for match using automated assistance.
This routine use is advisory in nature
and does not offer unrestricted access to
systems of records for such law
enforcement and related antifraud
activities. Each request will be
considered on the basis of its purpose,
merits, cost effectiveness and
alternatives using Instructions on
reporting computer matching programs
to the Office of Management and
Budget, OMB, Congress and the public,
published by the Director, OMB, dated
September 20, 1989.
11. DOT may disclose records from
this system, as a routine use 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 another agency
or entity) that rely upon the,
compromised information; and (3) the
disclosure made to such agencies,
entities, and 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.
12. DOT may disclose records from
this system, as a routine use, to the
Office of Government Information
Services for the purpose of (a) resolving
disputes between FOIA requesters and
Federal agencies and (b) reviewing
agencies’ policies, procedures, and
compliance in order to recommend
policy changes to Congress and the
President.
13. DOT may disclose records from
this system, as a routine use, to
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
contractors and their agents, 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.
14. DOT may disclose records from
this system, as a routine use, to an
agency, organization, or individual for
the purpose of performing audit or
oversight operations related to this
system of records, but only such records
as 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.
15. DOT may disclose from this
system, as a routine use, records
consisting of, or relating to, 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,
November 22, 2006) to a Federal, State,
local, tribal, territorial, foreign
government and/or multinational
agency, either in response to its request
or upon the initiative of the Component,
for purposes of sharing such
information as is necessary and relevant
for the agencies to detect, prevent,
disrupt, preempt, and mitigate the
effects of terrorist activities against the
territory, people, and interests of the
United States of America, as
contemplated by the Intelligence Reform
and Terrorism Prevention Act of 2004,
(Pub. L. 108–458) and Executive Order,
13388 (October 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Individual records relevant to both
waivers and airspace authorizations are
maintained in an electronic database
system.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records of applications for waivers
and authorizations in the electronic
database system may be retrieved by
sUAS registration number, the
manufacturer’s name and model, the
name of the current registered owner
and/or organization, the name of the
remote pilot in command, the airmen
certification number, the name of the
applicant and/or organization that
submitted the request for waiver or
authorization, the special provisions (if
any) to which the FAA and the
applicant agreed for purposes of the
waiver or authorization, and the
location and altitude, class of airspace
E:\FR\FM\08JYN1.SGM
08JYN1
Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices
and area of operations that is the subject
of the request. Records may also be
sorted by regulation section that is the
subject of the request for waiver or
authorization.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The FAA will retain records in this
system of records, which covers both
waivers and airspace authorizations, as
permanent government records until it
receives record disposition authority
from the National Archives and Records
Administration (NARA), pursuant to 36
CFR 1225.16 and 1225.18. The FAA has
requested from NARA authority to
dispose of waiver and authorization
records after two years following the
expiration of the waiver or
authorization.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in this system for waivers
and airspace authorizations are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to
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:
jbell on DSK3GLQ082PROD with NOTICES
Individuals seeking notification of
whether this system of records contains
information about them may contact the
System Manager at the address provided
in the section ‘‘System manager.’’ 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. 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.
CONTESTING RECORDS PROCEDURE:
See ‘‘Record Access Procedures’’
above.
NOTIFICATION PROCEDURE:
See ‘‘Records Access Procedures’’
above.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
A full notice of this system of records,
DOT/FAA854 Requests for Waivers and
Authorizations under 14 CFR part 107
was published in the Federal Register
on August 2, 2016, (81 FR 50789).
Issued in Washington, DC, on July 2, 2019.
Stephen H. Holden,
Associate CIO for IT Policy and Oversight,
Department of Transportation.
[FR Doc. 2019–14449 Filed 7–5–19; 8:45 am]
BILLING CODE 4910–9X–P
UNITED STATES SENTENCING
COMMISSION
Requests for Applications;
Practitioners Advisory Group
United States Sentencing
Commission.
ACTION: Notice.
AGENCY:
In view of upcoming
vacancies in the voting membership of
the Practitioners Advisory Group, the
United States Sentencing Commission
hereby invites any individual who is
eligible to be appointed to one of the
vacancies to apply. The voting
memberships covered by this notice are
two circuit memberships (for the
Second Circuit and the District of
Columbia Circuit) and one at-large
membership. An applicant for voting
membership of the Practitioners
Advisory Group should apply by
sending a letter of interest and resume
to the Commission as indicated in the
addresses section below. Application
materials should be received by the
Commission not later than September 6,
2019.
DATES: Application materials for voting
membership of the Practitioners
Advisory Group should be received not
later than September 6, 2019.
ADDRESSES: An applicant for voting
membership of the Practitioners
Advisory Group should apply by
sending a letter of interest and resume
to the Commission by electronic mail or
regular mail. The email address is
pubaffairs@ussc.gov. The regular mail
address is United States Sentencing
Commission, One Columbus Circle NE,
Suite 2–500, South Lobby, Washington,
DC 20002–8002, Attention: Public
Affairs.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Christine Leonard, Director, Office of
Legislative and Public Affairs, (202)
502–4500, pubaffairs@ussc.gov. More
information about the Practitioners
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
32517
Advisory Group is available on the
Commission’s website at www.ussc.gov/
advisory-groups.
The
Practitioners Advisory Group is a
standing advisory group of the United
States Sentencing Commission pursuant
to 28 U.S.C. 995 and Rule 5.4 of the
Commission’s Rules of Practice and
Procedure. Under the charter for the
advisory group, the purpose of the
advisory group is (1) to assist the
Commission in carrying out its statutory
responsibilities under 28 U.S.C. 994(o);
(2) to provide to the Commission its
views on the Commission’s activities
and work, including proposed priorities
and amendments; (3) to disseminate to
defense attorneys, and to other
professionals in the defense community,
information regarding federal
sentencing issues; and (4) to perform
other related functions as the
Commission requests. The advisory
group consists of not more than 17
voting members, each of whom may
serve not more than two consecutive
three-year terms. Of those 17 voting
members, one shall be Chair, one shall
be Vice Chair, 12 shall be circuit
members (one for each federal judicial
circuit other than the Federal Circuit),
and three shall be at-large members.
To be eligible to serve as a voting
member, an individual must be an
attorney who (1) devotes a substantial
portion of his or her professional work
to advocating the interests of privatelyrepresented individuals, or of
individuals represented by private
practitioners through appointment
under the Criminal Justice Act of 1964,
within the federal criminal justice
system; (2) has significant experience
with federal sentencing or postconviction issues related to criminal
sentences; and (3) is in good standing of
the highest court of the jurisdiction or
jurisdictions in which he or she is
admitted to practice. Additionally, to be
eligible to serve as a circuit member, the
individual’s primary place of business
or a substantial portion of his or her
practice must be in the circuit
concerned. Each voting member is
appointed by the Commission.
The Commission invites any
individual who is eligible to be
appointed to a voting membership
covered by this notice (i.e., the circuit
memberships for the Second Circuit and
the District of Columbia Circuit, and one
at-large membership) to apply by
sending a letter of interest and a resume
to the Commission as indicated in the
ADDRESSES section above.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08JYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32512-32517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14449]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2019-0097]
Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration; DOT/FAA 854, Small Unmanned Aircraft Systems
(sUAS) Waivers and Authorizations
AGENCY: Federal Aviation Administration, Department of Transportation.
ACTION: Notice of a modified System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation proposes to rename, update, and reissue a
Department of Transportation (DOT) system of records titled,
``Department of Transportation Federal Aviation Administration; DOT/FAA
854, Requests for Waivers and Authorizations Under 14 CFR part 107.''
This system of records allows the Federal Aviation Administration (FAA)
to collect and maintain records on individuals operating small unmanned
aircraft systems (hereinafter ``sUAS'') who request and receive
authorizations to fly their sUAS in controlled airspace, or waivers to
fly their sUAS outside of the requirements of the Code of Federal
Regulations. This updated system, Small Unmanned Aircraft Systems
(sUAS) Waivers and Authorizations, will be included in the Department
of Transportation's inventory of record systems.
DATES: Written comments should be submitted on or before August 7,
2019. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be effective
immediately and the modified routine use effective August 7, 2019.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2019-0097 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-2019-0097. 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, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
202.366.8135.
SUPPLEMENTARY INFORMATION: Under current law, persons flying sUAS under
the provisions of 14 CFR part 107 or flying sUAS in limited
recreational operations pursuant to 49 U.S.C. 44809(a) may not operate
sUAS in Class B, Class C, or Class D airspace or within the lateral
boundaries of the surface area of Class E airspace designated for an
airport unless the person has received authorization to operate from
the FAA. sUAS operators under part 107, who are also referred to as
remote pilots in command, may request waivers of operational rules
applicable to sUAS requirements maintaining visual line of sight and
yielding right of way to manned aircraft, as well as prohibitions on
operations over people and in certain airspace pursuant to part 107.
The FAA is revising SORN 854 because in 2018, Congress passed the
FAA Reauthorization Act of 2018, which enacted 49 U.S.C. 44809(a)
requiring authorizations for limited recreational operators flying sUAS
in controlled airspace. Before the enactment of Sec. 44809(a), SORN
854 covered only sUAS operators who operated under 14 CFR part 107. At
that time, only Part 107 operators could submit requests for
authorization, as limited recreational operators as defined under
previous law were not required to receive authorizations before flying
in controlled airspace. Now, both types of operators (Part 107 and
Sec. 44809(a)) are required to request and receive such
authorizations.
Additionally, the FAA is updating the SORN to account for two new
systems through which sUAS operators can request for waivers and/or
authorizations. The first is a new web-based system, which has replaced
previous paper forms. Using this web-based system, sUAS operators who
determine to seek a waiver or an authorization may request such by
electronically completing a form on the FAA website. After reviewing
the information the applicant provides, the FAA will determine whether
it can assure safety in the national airspace when granting the waiver
or authorization; often, such grants will include provisions to which
the requester must adhere, to mitigate the risk associated with the
waiver or authorization.
Operators may now also request authorizations through third parties
qualified to offer services by the FAA under the Low Altitude
Authorization and Notification Capability (hereinafter ``LAANC'').
These third parties, called UAS Service Suppliers (hereinafter
``USS''), enter into agreements with the FAA to automate and expedite
the process by which sUAS operators receive authorization to fly in the
aforementioned airspace from the FAA. The USS develop applications that
enable operators to submit requests for authorization to the FAA where
the requests are evaluated against pre-
[[Page 32513]]
determined criteria contained in LAANC. This enables operators to
obtain authorizations quickly and efficiently to operate in Class B, C,
D, and lateral boundaries of surface area E airspace designated for an
airport. The number of USS available to the public and the locations
where LAANC is available is updated on the FAA website.
The following sections of this system of records notice have been
updated: System name; authority; purpose; categories of records; record
source; routine uses; storage; retention and disposal; and safeguards.
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT)/Federal Aviation Administration
(FAA) proposes to rename, update, and reissue a DOT system of records
titled, ``DOT/FAA 854 Requests for Waivers and Authorizations Under 14
CFR part 107.'' This update results from the recently-passed FAA
Reauthorization Act of 2018, which enacts 49 U.S.C. 44809(a).
Specifically, sUAS operators who meet the requirements established in
Sec. 44809(a) are now required to request and receive authorization
from the FAA before flying their sUAS in controlled airspace. Prior to
this legislation, only sUAS operators who operated in accordance with
FAA regulations at 14 CFR part 107 were required to request and receive
these authorizations. Accordingly, the previous iteration of this SORN
applied only to individuals operating their sUAS in accordance with
Part 107. This update expands the SORN's scope to cover individuals
operating their sUAS in accordance with 49 U.S.C. 44809(a).
Additionally, the SORN is updated to reflect new automated methods for
requesting and receiving waivers and authorizations.
Specifically, this update includes changes to the following
sections: System name; authority; purpose; categories of records;
record source; routine uses; storage; retention and disposal; and
safeguards.
The scope of this system of records has expanded to
include records on sUAS operators who operate Sec. 44809(a);
accordingly, we are proposing to update the notice's name to ``Small
Unmanned Aircraft Systems (sUAS) Waivers and Authorizations.''
The authorities section has likewise been updated to
include 49 U.S.C. 44809(a) to reflect the new legal authority requiring
limited recreational operators to request authorizations.
The purpose section has also been updated to encompass
individuals operating their sUAS in accordance with Sec. 44809(a);
however, the purpose for collecting information for all categories of
individuals otherwise remains the same.
The records category section has been updated to reflect
additional categories of information collected by the automated system
for processing authorizations. Specifically, the following additional
information will be collected by this automated system: Specification
of proposed sUAS operations; sUAS flight plan information (including
geometry); airspace class(es); submission reference codes; and safety
justifications for non-auto-authorized operations.
The records source section has been updated to reflect
that records are obtained on behalf of individuals from the USS, to
include new automated methods for requesting and receiving
authorizations.
The routine use section has been updated. Specifically, a
system-specific routine use allowing the sharing of information to law
enforcement has been eliminated, as the FAA determined that it is
duplicative of a departmental routine use. Further, a system-specific
routine use has been added to allow the FAA to share waiver and
authorization information with the NTSB in connection with its
investigative responsibilities. These two changes to the routine use
section are further addressed below in section 1.B.
Finally, OMB Circular A-108 recommends that agencies
include all routine uses in one notice rather than incorporating
general routine uses by reference; therefore, FAA is replacing the
routine use that referenced the ``Statement of General Routine Uses''
with all of the general routine uses that apply to this system. This is
merely a technical change and does not substantially affect any of the
routine uses for records of this system.
The storage, retention and disposal, and safeguard
sections has been updated remove the reference to 14 CFR part 107,
therefore reflecting the expansion in scope of the system of records to
incorporate records on sUAS operators who request waiver under 14 CFR
part 107 and those who request authorizations under both 14 CFR part
107 and 49 U.S.C. 44809(a). Previously, these sections referred only to
14 CFR part 107.
Additionally, this notice includes non-substantive changes
to simplify and clarify the language, formatting, and text of the
previously published notice to align with the requirements of Office of
Management and Budget Memoranda A-108, and for consistency with other
departmental system of records notices.
A. Description of Records
The FAA's regulations at 14 CFR part 107 governing operation of
sUAS permits operators to apply for certificates of waiver to allow a
sUAS operation to deviate from certain provisions of 14 CFR part 107 if
the FAA Administrator finds the operator can safely conduct the
proposed operation under the terms of a certificate of waiver.
Operators flying under 14 CFR part 107 or flying limited recreational
operations under 49 U.S.C. 44809(a) may request authorizations to enter
controlled airspace (Class B, Class C, or Class D airspace, or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport). The FAA assesses requests for waivers on a
case-specific basis that considers the proposed sUAS operation, the
unique operating environment, and the safety mitigations provided by
that operating environment. Accordingly, this SORN covers documents
relevant to both waivers of certain provisions of part 107 as well as
authorizations to fly in controlled airspace.
1. Waivers
To obtain a certificate of waiver, an applicant must submit a
request containing a complete description of the proposed operation and
a justification, including supporting data and documentation as
necessary, to establish the proposed operation can safely be conducted
under the terms of the requested certificate of waiver. The FAA expects
that the time and effort the operator will put into the analysis and
data collection for the waiver application will be proportional to the
specific relief requested. Similarly, the FAA anticipates that the time
required for it to make a determination regarding waiver requests will
vary based on the complexity of the request. For example, a request for
a major deviation from part 107 for an operation that takes place in a
congested metropolitan area with heavy air traffic will likely require
significantly more data and analysis than a request for a minor
deviation for an operation that takes place in a sparsely populated
area with minimal air traffic. If a certificate of waiver is granted,
that certificate may include additional conditions and limitations
designed to ensure that the sUAS operation can be conducted safely. The
certificate-of-waiver process will allow the FAA to assess case-
specific information concerning a sUAS operation that takes place in a
unique operating environment and consider
[[Page 32514]]
allowing additional operating flexibility that recognizes safety
mitigations provided by the specific operating environment. The FAA
anticipates that this process will also serve as a bridging mechanism
for new and emerging technologies; allowing the FAA to permit testing
and use of those technologies, as appropriate, before the pertinent
future rulemaking is complete.
Information collected relevant to waivers include: Name of person
requesting the waiver, contact information for person applying for the
waiver (telephone number, mailing address, and email address); Remote
pilot in command name; remote pilot in command's airmen certification
number and rating; remote pilot in command contact information;
aircraft registration number; aircraft manufacturer name and model;
submission reference code; regulations subject to waiver; requested
date and time operations will commence and conclude under the waiver;
flight path information, including but not limited to altitude and
coordinates; safety justification; description of proposed operations.
2. Airspace Authorizations
For airspace authorization requests to operate a sUAS in Class B,
Class C, Class D or within the lateral boundaries of the surface area
of Class E airspace designated for an airport, a remote pilot in
command may seek either automatic approval or a request for further
coordination from the FAA. Automatic approvals are completed by
checking against pre-determined FAA-approved altitude values and
locations within the aforementioned airspace. Requests sent through the
FAA website are manually checked against the pre-determined values to
either approve or deny the request. As this method requires manual
approval and is not scalable to the numbers of requests for
authorization, time for the sUAS operator to receive a response is
variable and can take up to 90 days or more. Requests sent through
LAANC are done through an automated process and operators receive near
real time notice of either an approval or denial of the authorization
request. Requests for further coordination are those authorization
requests for operations that are within the aforementioned airspace and
under 400 feet of altitude, but otherwise are a location and altitude
that has not been pre-determined by the FAA to be safe without further
consideration. These requests for further coordination are sent via
either the FAA website or through LAANC and routed to the local Air
Traffic Control facility where the requested operation would take place
to make an approval (or denial) decision. The appropriate ATC facility
has the best understanding of local airspace, its usage, and traffic
patterns and is in the best position to ascertain whether the proposed
sUAS operation would pose a hazard to other users or the efficiency of
the airspace, and procedures to implement to mitigate such hazards. The
ATC facility has the authority to approve or deny aircraft operations
based on traffic density, controller workload, communications issues,
or any other type of operational issues that could potentially impact
the safe and efficient flow of air traffic in that airspace. If
necessary to approve a sUAS operation, ATC may require mitigations such
as altitude constraints and direct communication. ATC may deny requests
that pose an unacceptable risk to the national airspace system (NAS)
and cannot be mitigated.
Information collected relevant to airspace authorizations requested
using the non-automated method include: Aircraft operator name;
aircraft owner name; name of person requesting the authorization;
contact information for the person applying for the authorization;
remote pilot in command name; remote pilot in command contact
information; remote pilot in command certificate number; aircraft
manufacturer name and model; aircraft registration number; requested
date and time operations will commence and conclude; requested altitude
applicable to the authorization; and description of proposed
operations.
Information collected relevant to airspace authorizations requested
using the automated method (LAANC) include: Name of pilot in command;
contact telephone number of remote pilot in command; start date, time,
and duration of operation; maximum altitude; geometry; airspace
class(es); submission reference code; safety justification for non-
auto-authorized operation; and aircraft registration number.
B. System of Records
As described below in the Routine Uses section of this notice, the
FAA will make the following information available to the public on an
FAA website: Waiver applications and decisions, including any history
of previous, pending, existing, or denied requests for waivers
applicable to the sUAS at issue for purposes of the waiver, and special
provisions applicable to the sUAS operation that is the subject of the
request. Such availability is compatible with the purposes of this
system because this system is intended, in part, to educate sUAS
operators who seek to apply for a waiver, as operators will be able to
review prior grants of waivers and the accompanying special provisions
in their efforts to replicate successful waiver applications. The FAA
does not plan to post records relevant to airspace authorizations on
its website because airspace authorizations are unique to each
operation. Each airspace authorization is specific to the location and
time of the planned operation; therefore, posting of airspace
authorizations would not prove advantageous to prospective applicants.
Finally, this system of records notice has been updated to include
a new routine use to allow disclosure of records to the National
Transportation Safety Board (NTSB) in connection with its investigative
responsibilities. Such disclosure is compatible with the purposes of
this system because this system is intended, in part, to provide for
safety of the NAS. The NTSB may require these records in the event that
an sUAS is involved in an aircraft accident requiring NTSB
investigation. Disclosure of these records to NTSB for this purpose
ensures NTSB's ability to fully investigate such accidents and
therefore maintain safety of the NAS.
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
DOT/FAA--854 Small Unmanned Aircraft Systems (sUAS) Waivers and
Authorizations.
[[Page 32515]]
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
For waivers, the system will be located in the Commercial
Operations Branch, Flight Standards Service (AFS- 820), Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20024. For airspace authorizations, the system will be located in the
Emerging Technologies Team (AJV-115), Air Traffic Organization, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20024.
SYSTEM MANAGER(S) AND ADDRESS:
For waivers: Manager, Commercial Operations Branch, Flight
Standards Service (AFS-820), Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20024. For airspace
authorizations: Manager, UAS Tactical Operations Section, Air Traffic
Organization, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20024.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 106(g), Duties and powers of Administrator; 49 U.S.C.
40101, Policy; 49 U.S.C. 40103, Sovereignty and use of airspace; 49
U.S.C. 40106, Emergency powers; 49 U.S.C. 40113, Administrative; 49
U.S.C. 44701, General requirements; FAA Modernization and Reform Act of
2012, Public Law 112-95 (``FMRA'') Sec. 333, Special Rules for Certain
Unmanned Aircraft Systems; 14 CFR part 107, subpart D, ``Waivers''; 14
CFR 107.41, ``Operation in certain airspace''; and 49 U.S.C. 44809(a).
PURPOSE(S):
The purpose of this system is to receive, evaluate, and respond to
requests for authorization to operate a sUAS in Class B, C, or D
airspace or within the lateral boundaries of the surface area of Class
E airspace designated for an airport, and evaluate requests for a
certificate of waiver to deviate safely from one or more sUAS
operational requirements specified in 14 CFR part 107. The FAA also
will use this system to support FAA safety programs and agency
management, including safety studies and assessments. The FAA may use
contact information provided with requests for waiver or authorization
to provide sUAS owners and operators' information about potential
unsafe conditions and educate sUAS owners and operators regarding
safety requirements for operation. The FAA also will use this system to
maintain oversight of FAA issued waiver or authorizations and records
from this system may be used by FAA for enforcement purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Aircraft operators, aircraft owners, persons requesting a waiver or
authorization.
CATEGORIES OF RECORDS IN THE SYSTEM:
Aircraft operator name; Aircraft owner name; Name of person
requesting a waiver or authorization; Contact information for person
applying for waiver or authorization: Mailing address, telephone
number, and email address of person submitting application for waiver
or authorization; Responses to inquiries concerning the applicant's
previous and current waivers; Remote pilot in command name; Airmen
Certification Number (in those individuals certificated under another
program prior to 2013 and have not requested a change of certificate
number the airmen certificate number may be the individual's Social
Security Number); Contact information for remote pilot in command:
Address and telephone number; Remote pilot in command certificate
number; Aircraft manufacturer name and model; Aircraft registration
number; Regulations subject to waiver or authorization; Requested date
and time operations will commence and conclude under waiver or
authorization; Flight path information, including but not limited to
the requested altitude and coordinates of the applicable to the waiver
or authorization; Description of proposed operations; specifications;
Geometry (center point with radius or Geo/JSON polygon); airspace
class(s); Submission reference code; Safety justification for non-auto-
authorized operations.
RECORD SOURCE CATEGORIES:
Records are obtained from individuals, manufacturers of aircraft,
maintenance inspectors, mechanics, and FAA officials. Records are also
obtained on behalf of individuals through UAS Service Suppliers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to other 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 public, waiver applications and decisions, including any
history of previous, pending, existing, or denied requests for waivers
applicable to the sUAS at issue for purposes of the waiver, and special
provisions applicable to the sUAS operation that is the subject of the
request. Email addresses and telephone numbers will not be disclosed
pursuant to this Routine Use. Airspace authorizations the FAA issues
also will not be disclosed pursuant to this Routine Use, except to the
extent that an airspace authorization is listed or summarized in the
terms of a waiver.
2. To law enforcement, when necessary and relevant to a FAA
enforcement activity.
3. Disclose information to the National Transportation Safety Board
(NTSB) in connection with its investigation responsibilities.
Departmental Routine Uses:
4. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
5. A record from this system of records may be disclosed, as a
routine use, 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 to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
6. A record from this system of records may be disclosed, as a
routine use, to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of 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 is relevant and necessary to the requesting agency's
decision on the matter.
[[Page 32516]]
7. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof (including a member of the Coast Guard), in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof (including a member of the Coast Guard), in his/her individual
capacity where the Department of Justice has agreed to represent the
employee, or (d) The United States or any agency thereof, where DOT
determines that litigation is likely to affect the United States, is a
party to litigation or has an interest in such litigation, and the use
of such records by the Department of Justice or other Federal agency
conducting the litigation is deemed by DOT to be relevant and necessary
in the litigation, provided, however, that in each case, DOT determines
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 were collected. 6b. Routine Use for
Agency Disclosure in Other Proceedings. It shall be a routine use of
records in this system to disclose them in proceedings before any court
or adjudicative or administrative body before which DOT or any agency
thereof, appears, when (a) DOT, or any agency thereof, or (b) Any
employee of DOT or any agency thereof (including a member of the Coast
Guard) in his/her official capacity, or (c) Any employee of DOT or any
agency thereof (including a member of the Coast Guard) in his/her
individual capacity where DOT has agreed to represent the employee, or
(d) The United States or any agency thereof, where DOT determines that
the proceeding is likely to affect the United States, is a party to the
proceeding or has an interest in such proceeding, and DOT determines
that use of such records is relevant and necessary in the proceeding,
provided, however, that in each case, DOT determines 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
were collected.
8. The information contained in this system of records will be
disclosed to the Office of Management and Budget, OMB in connection
with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
9. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
10. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress and the public, published by the
Director, OMB, dated September 20, 1989.
11. DOT may disclose records from this system, as a routine use 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 another agency or entity) that
rely upon the, compromised information; and (3) the disclosure made to
such agencies, entities, and 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.
12. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
13. DOT may disclose records from this system, as a routine use, to
contractors and their agents, 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.
14. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as 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.
15. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, 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, November 22, 2006) to a
Federal, State, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, (Pub. L. 108-458) and Executive Order, 13388
(October 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Individual records relevant to both waivers and airspace
authorizations are maintained in an electronic database system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records of applications for waivers and authorizations in the
electronic database system may be retrieved by sUAS registration
number, the manufacturer's name and model, the name of the current
registered owner and/or organization, the name of the remote pilot in
command, the airmen certification number, the name of the applicant
and/or organization that submitted the request for waiver or
authorization, the special provisions (if any) to which the FAA and the
applicant agreed for purposes of the waiver or authorization, and the
location and altitude, class of airspace
[[Page 32517]]
and area of operations that is the subject of the request. Records may
also be sorted by regulation section that is the subject of the request
for waiver or authorization.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FAA will retain records in this system of records, which covers
both waivers and airspace authorizations, as permanent government
records until it receives record disposition authority from the
National Archives and Records Administration (NARA), pursuant to 36 CFR
1225.16 and 1225.18. The FAA has requested from NARA authority to
dispose of waiver and authorization records after two years following
the expiration of the waiver or authorization.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system for waivers and airspace authorizations are
safeguarded in accordance with applicable rules and policies, including
all applicable DOT automated systems security and access policies.
Strict controls have been imposed to minimize the risk of compromising
the information that is being stored. Access to the computer system
containing the records in this system is limited to 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 whether this system of records
contains information about them may contact the System Manager at the
address provided in the section ``System manager.'' 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. 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.
CONTESTING RECORDS PROCEDURE:
See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURE:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
A full notice of this system of records, DOT/FAA854 Requests for
Waivers and Authorizations under 14 CFR part 107 was published in the
Federal Register on August 2, 2016, (81 FR 50789).
Issued in Washington, DC, on July 2, 2019.
Stephen H. Holden,
Associate CIO for IT Policy and Oversight, Department of
Transportation.
[FR Doc. 2019-14449 Filed 7-5-19; 8:45 am]
BILLING CODE 4910-9X-P
