Maintenance of and Access to Records Pertaining to Individuals, 67671-67673 [2019-26668]

Download as PDF Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Rules and Regulations Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677. Except for classified material, all documents the FAA considered in developing this rule, including economic analyses and technical reports, may be accessed from the internet through the docket for this rulemaking. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (Pub. L. 104–121) (set forth as a note to 5 U.S.C. 601) requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the persons listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_ policies/rulemaking/sbre_act/. List of Subjects in 14 CFR Part 91 Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Freight, Somalia. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations, as follows: PART 91—GENERAL OPERATING AND FLIGHT RULES 1. The authority citation for part 91 is revised to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528– 47531, 47534, Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 2. In § 91.1613, revise paragraphs (a)(3), (b), (c), and (e) to read as follows: ■ paragraph (a) of this section may conduct flight operations in the territory and airspace of Somalia at altitudes below Flight Level (FL) 260. (c) Permitted operations. This section does not prohibit persons described in paragraph (a) of this section from conducting flight operations in the territory and airspace of Somalia under the following circumstances: (1) Overflights of Somalia may be conducted at or above FL260 subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Somalia. (2) Flight operations may be conducted in the territory and airspace of Somalia at altitudes below FL260 if such flight operations are conducted under a contract, grant, or cooperative agreement with a department, agency, or instrumentality of the U.S. Government (or under a subcontract between the prime contractor of the U.S. Government department, agency, or instrumentality and the person described in paragraph (a) of this section) with the approval of the FAA or under an exemption issued by the FAA. The FAA will consider requests for approval or exemption in a timely manner, with the order of preference being: First, for those operations in support of U.S. Government-sponsored activities; second, for those operations in support of government-sponsored activities of a foreign country with the support of a U.S. government department, agency, or instrumentality; and third, for all other operations. * * * * * (e) Expiration. This SFAR will remain in effect until January 7, 2023. The FAA may amend, rescind, or extend this SFAR as necessary. Issued in Washington, DC, under the authority of 49 U.S.C. 106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on December 4, 2019. Steve Dickson, Administrator. [FR Doc. 2019–26597 Filed 12–10–19; 8:45 am] BILLING CODE 4910–13–P lotter on DSKBCFDHB2PROD with RULES § 91.1613 Special Federal Aviation Regulation No. 107—Prohibition Against Certain Flights in the Territory and Airspace of Somalia. (a) * * * (3) All operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier. (b) Flight prohibition. Except as provided in paragraphs (c) and (d) of this section, no person described in VerDate Sep<11>2014 16:05 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 67671 DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 10 [Docket No. OST–2016–0028] RIN 2105–AE76 Maintenance of and Access to Records Pertaining to Individuals Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: On February 6, 2019, the U.S. Department of Transportation (DOT) issued a notice of proposed rulemaking requesting comment on proposed exemptions from the Privacy Act’s requirement that individuals have access to certain records maintained within a system of records for the Department’s Aviation Consumer Complaint Application Online System. This exemption is necessary to avoid disclosure of aviation compliance inquiry techniques, confidential information provided by air carriers and third parties, and prevent unwarranted invasions of individual privacy. This exemption also supports the Department’s ability to obtain information relevant to resolving concerns related to an air carrier’s compliance with the Department’s consumer protection and civil rights requirements. The Department received two comments on this proposed rule. Upon consideration of the comments, the Department will finalize the proposed rule without change. DATES: This final rule is effective December 11, 2019. ADDRESSES: You may access docket number DOT–OST–2016–0028 by any of the following methods: • Federal Rulemaking Portal: Go to https://www.regulations.gov. • 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 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Claire Barrett, Departmental Chief Privacy Officer, Office of the Chief Information Officer, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590 or privacy@dot.gov or (202) 366–8135. SUMMARY: E:\FR\FM\11DER1.SGM 11DER1 67672 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Rules and Regulations DOT identifies a system of records that is exempt from one or more provisions of the Privacy Act (pursuant to 5 U.S.C. 552a(j) or (k)) both in the system of records notice published in the Federal Register for public comment and in an appendix to DOT’s regulations implementing the Privacy Act (49 CFR part 10, appendix). This rule exempts records in the Aviation Consumer Complaint Application Online System from subsection (d) (Access to Records) of the Privacy Act to the extent that records consist of investigatory material compiled for law enforcement purposes in accordance with 5 U.S.C. 552a(k)(2). DOT received two comments on the proposal. These comments were submitted by law students. One commenter, commenting anonymously, stated that she was commenting for a class assignment. While the commenter stated that he or she did not feel qualified to comment, the commenter expressed concern that the Department is tracking individuals who issue complaints against airlines. The commenter also asks that the Department ensure that any person who submits a complaint have access to the file in accordance with the Freedom of Information Act. DOT’s Office of the Assistant General Counsel for Aviation Enforcement and Proceedings monitors compliance with and investigates violations of Federal law and regulations related to aviation economic, consumer protection, and civil rights requirements. The Aviation Consumer Protection Division is housed within this Office and is tasked with receiving complaints from the public regarding air carrier consumer issues, including complaints of unlawful discriminatory treatment in air travel by airline employees or contractors, and verifying air carriers’ compliance with aviation consumer protection requirements. DOT maintains information about individuals who submit complaints so that DOT can appropriately address the complaint, including working with the complainant and air carrier to resolve the issue identified in the complaint and to follow up with the complainant for additional information or to inform the complainant of DOT’s analysis of the issue. DOT does not ‘‘track’’ persons who issue complaints against airlines, but rather, uses information about the complainant to assist the complainant to resolve the complaint. Individuals who wish to complain, but are not seeking DOT assistance to address their complaint with the air carrier, may submit complaints anonymously. As the commentator noted, individuals may lotter on DSKBCFDHB2PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:05 Dec 10, 2019 Jkt 250001 file a request under the Freedom of Information Act to obtain access to information about them that is maintained in this system of records. The second comment is from two law students, who also wrote to express concern with the proposed rule. These students stated that they are concerned that the proposed exemption from the Privacy Act’s access requirement creates an impediment to potential litigants right to discovery under the Federal Rules of Civil Procedure, and that DOT’s discretion to disclose information notwithstanding the Privacy Act exemption does not assuage their concern. The commenters state further that the rule does not serve DOT’s interest in supporting DOT’s ability to conduct investigations, and undermines the public’s right of access to information. The commenters are concerned that the proposal would preclude individuals from being informed consumers by shielding from the public information about patterns of impermissible behavior by airlines. The Privacy Act, among other things, requires that Federal agencies provide individuals with access to information about themselves that is maintained by the agency in a system of records. Individuals who request information about themselves maintained in a system of records are sometimes referred to as ‘‘first party requesters.’’ Under the Privacy Act, a system of records is information about an individual that includes that individuals name or other identifying particular assigned to the individual, such as a photograph, that is retrieved by the agency by that individual’s name or other identifier assigned to the individual. The Aviation Consumer Complaint Application Online System is a system of records that consists primarily of information provided by the individual who submitted a complaint. It also includes information provided by the air carrier identified in the consumer complaint that is provided to DOT as part of DOT’s efforts to help assess and resolve the consumer complaint. In the course of responding to a consumer complaint, air carriers sometimes provide DOT with information that can include identifying information about the air carrier’s employees and third parties, or confidential business information. Air carriers provide this information to the DOT voluntarily, and it aids DOT’s efforts to resolve particular consumer complaints. If DOT could not protect from a first party requester the identities of third parties or an air carrier’s confidential business information provided by an air carrier in PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 the course of responding to a complaint, it would impair DOT’s ability to adequately assess and respond to a consumer complaint on behalf of the consumer. Notwithstanding the proposed exemption from the Privacy Act, first party requesters are still entitled to information maintained in this system of records to the full extent required by the Freedom of Information Act. With respect to the commenter’s concern about discovery for litigation purposes, this proposed exemption does not limit a private litigant’s ability to seek discovery directly from an air carrier. Nor does it restrict access to information from this system, or other agency records that are not part of this system of records, under the Freedom of Information Act. This exemption also does not restrict access that is otherwise provided for under the Privacy Act, which includes disclosures pursuant to court order. The commenters express particular concern about information demonstrating a pattern of unlawful conduct by an air carrier. The Department agrees that this is valuable information for consumers and publishes information about consumer complaints and other airline compliance requirements, such as flight delays; mishandled baggage, wheelchairs, and scooters; oversales; reports of lost, injured or death of animals in air transportation; and customer service reports to the Transportation Security Administration, on its website at https://www.transportation.gov/ individuals/aviation-consumerprotection/air-travel-consumer-reports. DOT also posts all of the enforcement orders the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings has issued against air carriers on its website at https://transportation.gov/ airconsumer/enforcementorders. The public may obtain additional information about air carriers under the Freedom of Information Act. After consideration of the comments, the Department will finalize the proposed rule without change. This rule is necessary to protect the identity of confidential informants and confidential business information provided by air carriers, and protect the DOT’s investigatory techniques. DOT will continue to provide individuals with access to information maintained in this system under the Freedom of Information Act, and under the Privacy Act, except to the extent that disclosure would reveal confidential informants, confidential business information, or reveal DOT’s investigatory techniques. E:\FR\FM\11DER1.SGM 11DER1 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Rules and Regulations Regulatory Analysis and Notices A. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures DOT considered the impact of this rulemaking action under Executive Orders 12866 and 13563 (January 18, 2011, ‘‘Improving Regulation and Regulatory Review’’), and DOT Order 2100.6, ‘‘Policies and Procedures for Rulemakings.’’ DOT has determined that this action will not constitute a significant regulatory action within the meaning of Executive Order 12866 and within the meaning of DOT regulatory policies and procedures. This rulemaking has not been reviewed by the Office of Management and Budget. This rulemaking will not result in any costs. Since these records would be exempt from certain provisions of the Privacy Act, DOT would not have to expend any funds in order to administer those aspects of the Act. B. Regulatory Flexibility Act DOT has evaluated the effect these changes will have on small entities and does not believe that this rulemaking will impose any costs on small entities because the reporting requirements themselves are not changed and because the rule applies only to information on individuals that is maintained by the Federal Government or that is already publicly available. Therefore, I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. lotter on DSKBCFDHB2PROD with RULES C. National Environmental Policy Act DOT has analyzed the environmental impacts of this final action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action is covered by the categorical exclusion VerDate Sep<11>2014 16:05 Dec 10, 2019 Jkt 250001 67673 listed in the Federal Highway Administration’s implementing procedures, ‘‘[p]romulgation of rules, regulations, and directives.’’ 23 CFR 771.117(c)(20). The purpose of this rulemaking is to amend the Appendix to DOT’s Privacy Act regulations. The Department does not anticipate any environmental impacts and there are no extraordinary circumstances present in connection with this rulemaking. spend, in aggregate, $143.1 million or more in any one year (adjusted for inflation), an UMRA analysis is required. This final rule does not impose Federal mandates on any State, local, or tribal governments; or the private sector. D. Executive Order 13132 (Federalism) This rule is not an Executive Order 13771 regulatory action because this rule is not significant under E.O. 12866. This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, Federalism, dated August 4, 1999, and it has been determined that it will not have a substantial direct effect on, or sufficient Federalism implications for, the States, nor would it limit the policymaking discretion of the States. Therefore, the preparation of a Federalism Assessment is not necessary. E. Executive Order 13084 (Consultation and Coordination With Indian Tribal Governments) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13084 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because it would not have any effect Indian Tribal Governments, the funding and consultation requirements of Executive Order 13084 do not apply. G. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4, 109 Stat. 48, March 22, 1995) requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. The UMRA requires a written statement of economic and regulatory alternatives for proposed and final rules that contain Federal mandates. A ‘‘Federal mandate’’ is a new or additional enforceable duty, imposed on any State, local, or tribal Government; or the private sector. If any Federal mandate causes those entities to Fmt 4700 Sfmt 4700 Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of lnformation and Regulatory Affairs designated this rule as not a ’major rule’, as defined by 5 U.S.C. 804(2). List of Subjects in 49 CFR Part 10 Penalties, Privacy. In consideration of the foregoing, DOT amends part 10 of title 49, Code of Federal Regulations, as follows: PART 10—MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO INDIVIDUALS 1. The authority citation for part 10 continues to read as follows: ■ Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 2. Amend Part II of appendix A by adding section H to read as follows: Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. DOT has determined that this action does not contain a collection of information requirement for the purposes of the PRA. Frm 00015 I. Congressional Review Act ■ F. Paperwork Reduction Act PO 00000 H. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs Appendix A to Part 10—Exemptions Part II. Specific Exemptions * * * * * H. The following systems of records are exempt from subsection (d) (Access to Records) of the Privacy Act, 5 U.S.C. 552a, to the extent that they contain investigatory material compiled for law enforcement purposes, in accordance with 5 U.S.C. 552a(k)(2): 1. Aviation Consumer Complaint Appropriation System, maintained by the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings in the Office of the Secretary (DOT/OST 102). This exemption is justified because granting an individual access to investigatory records could interfere with the overall law enforcement process by revealing a sensitive investigative technique, or confidential sources or information. Issued in Washington, DC, on December 4, 2019. Elaine L. Chao, Secretary. [FR Doc. 2019–26668 Filed 12–10–19; 8:45 am] BILLING CODE 4910–9X–P E:\FR\FM\11DER1.SGM 11DER1

Agencies

[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Rules and Regulations]
[Pages 67671-67673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26668]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 10

[Docket No. OST-2016-0028]
RIN 2105-AE76


Maintenance of and Access to Records Pertaining to Individuals

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

ACTION: Final rule.

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

SUMMARY: On February 6, 2019, the U.S. Department of Transportation 
(DOT) issued a notice of proposed rulemaking requesting comment on 
proposed exemptions from the Privacy Act's requirement that individuals 
have access to certain records maintained within a system of records 
for the Department's Aviation Consumer Complaint Application Online 
System. This exemption is necessary to avoid disclosure of aviation 
compliance inquiry techniques, confidential information provided by air 
carriers and third parties, and prevent unwarranted invasions of 
individual privacy. This exemption also supports the Department's 
ability to obtain information relevant to resolving concerns related to 
an air carrier's compliance with the Department's consumer protection 
and civil rights requirements. The Department received two comments on 
this proposed rule. Upon consideration of the comments, the Department 
will finalize the proposed rule without change.

DATES: This final rule is effective December 11, 2019.

ADDRESSES: You may access docket number DOT-OST-2016-0028 by any of the 
following methods:
     Federal Rulemaking Portal: Go to https://www.regulations.gov.
     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 9:00 a.m. and 5:00 p.m. ET, 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Claire Barrett, Departmental Chief 
Privacy Officer, Office of the Chief Information Officer, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590 or [email protected] or (202) 366-8135.

[[Page 67672]]


SUPPLEMENTARY INFORMATION: DOT identifies a system of records that is 
exempt from one or more provisions of the Privacy Act (pursuant to 5 
U.S.C. 552a(j) or (k)) both in the system of records notice published 
in the Federal Register for public comment and in an appendix to DOT's 
regulations implementing the Privacy Act (49 CFR part 10, appendix). 
This rule exempts records in the Aviation Consumer Complaint 
Application Online System from subsection (d) (Access to Records) of 
the Privacy Act to the extent that records consist of investigatory 
material compiled for law enforcement purposes in accordance with 5 
U.S.C. 552a(k)(2).
    DOT received two comments on the proposal. These comments were 
submitted by law students. One commenter, commenting anonymously, 
stated that she was commenting for a class assignment. While the 
commenter stated that he or she did not feel qualified to comment, the 
commenter expressed concern that the Department is tracking individuals 
who issue complaints against airlines. The commenter also asks that the 
Department ensure that any person who submits a complaint have access 
to the file in accordance with the Freedom of Information Act.
    DOT's Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings monitors compliance with and investigates 
violations of Federal law and regulations related to aviation economic, 
consumer protection, and civil rights requirements. The Aviation 
Consumer Protection Division is housed within this Office and is tasked 
with receiving complaints from the public regarding air carrier 
consumer issues, including complaints of unlawful discriminatory 
treatment in air travel by airline employees or contractors, and 
verifying air carriers' compliance with aviation consumer protection 
requirements. DOT maintains information about individuals who submit 
complaints so that DOT can appropriately address the complaint, 
including working with the complainant and air carrier to resolve the 
issue identified in the complaint and to follow up with the complainant 
for additional information or to inform the complainant of DOT's 
analysis of the issue. DOT does not ``track'' persons who issue 
complaints against airlines, but rather, uses information about the 
complainant to assist the complainant to resolve the complaint. 
Individuals who wish to complain, but are not seeking DOT assistance to 
address their complaint with the air carrier, may submit complaints 
anonymously. As the commentator noted, individuals may file a request 
under the Freedom of Information Act to obtain access to information 
about them that is maintained in this system of records.
    The second comment is from two law students, who also wrote to 
express concern with the proposed rule. These students stated that they 
are concerned that the proposed exemption from the Privacy Act's access 
requirement creates an impediment to potential litigants right to 
discovery under the Federal Rules of Civil Procedure, and that DOT's 
discretion to disclose information notwithstanding the Privacy Act 
exemption does not assuage their concern. The commenters state further 
that the rule does not serve DOT's interest in supporting DOT's ability 
to conduct investigations, and undermines the public's right of access 
to information. The commenters are concerned that the proposal would 
preclude individuals from being informed consumers by shielding from 
the public information about patterns of impermissible behavior by 
airlines.
    The Privacy Act, among other things, requires that Federal agencies 
provide individuals with access to information about themselves that is 
maintained by the agency in a system of records. Individuals who 
request information about themselves maintained in a system of records 
are sometimes referred to as ``first party requesters.'' Under the 
Privacy Act, a system of records is information about an individual 
that includes that individuals name or other identifying particular 
assigned to the individual, such as a photograph, that is retrieved by 
the agency by that individual's name or other identifier assigned to 
the individual.
    The Aviation Consumer Complaint Application Online System is a 
system of records that consists primarily of information provided by 
the individual who submitted a complaint. It also includes information 
provided by the air carrier identified in the consumer complaint that 
is provided to DOT as part of DOT's efforts to help assess and resolve 
the consumer complaint. In the course of responding to a consumer 
complaint, air carriers sometimes provide DOT with information that can 
include identifying information about the air carrier's employees and 
third parties, or confidential business information. Air carriers 
provide this information to the DOT voluntarily, and it aids DOT's 
efforts to resolve particular consumer complaints. If DOT could not 
protect from a first party requester the identities of third parties or 
an air carrier's confidential business information provided by an air 
carrier in the course of responding to a complaint, it would impair 
DOT's ability to adequately assess and respond to a consumer complaint 
on behalf of the consumer. Notwithstanding the proposed exemption from 
the Privacy Act, first party requesters are still entitled to 
information maintained in this system of records to the full extent 
required by the Freedom of Information Act. With respect to the 
commenter's concern about discovery for litigation purposes, this 
proposed exemption does not limit a private litigant's ability to seek 
discovery directly from an air carrier. Nor does it restrict access to 
information from this system, or other agency records that are not part 
of this system of records, under the Freedom of Information Act. This 
exemption also does not restrict access that is otherwise provided for 
under the Privacy Act, which includes disclosures pursuant to court 
order.
    The commenters express particular concern about information 
demonstrating a pattern of unlawful conduct by an air carrier. The 
Department agrees that this is valuable information for consumers and 
publishes information about consumer complaints and other airline 
compliance requirements, such as flight delays; mishandled baggage, 
wheelchairs, and scooters; oversales; reports of lost, injured or death 
of animals in air transportation; and customer service reports to the 
Transportation Security Administration, on its website at https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports. DOT also posts all of the enforcement orders 
the Office of the Assistant General Counsel for Aviation Enforcement 
and Proceedings has issued against air carriers on its website at 
https://transportation.gov/airconsumer/enforcementorders. The public 
may obtain additional information about air carriers under the Freedom 
of Information Act.
    After consideration of the comments, the Department will finalize 
the proposed rule without change. This rule is necessary to protect the 
identity of confidential informants and confidential business 
information provided by air carriers, and protect the DOT's 
investigatory techniques. DOT will continue to provide individuals with 
access to information maintained in this system under the Freedom of 
Information Act, and under the Privacy Act, except to the extent that 
disclosure would reveal confidential informants, confidential business 
information, or reveal DOT's investigatory techniques.

[[Page 67673]]

Regulatory Analysis and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    DOT considered the impact of this rulemaking action under Executive 
Orders 12866 and 13563 (January 18, 2011, ``Improving Regulation and 
Regulatory Review''), and DOT Order 2100.6, ``Policies and Procedures 
for Rulemakings.'' DOT has determined that this action will not 
constitute a significant regulatory action within the meaning of 
Executive Order 12866 and within the meaning of DOT regulatory policies 
and procedures. This rulemaking has not been reviewed by the Office of 
Management and Budget. This rulemaking will not result in any costs. 
Since these records would be exempt from certain provisions of the 
Privacy Act, DOT would not have to expend any funds in order to 
administer those aspects of the Act.

B. Regulatory Flexibility Act

    DOT has evaluated the effect these changes will have on small 
entities and does not believe that this rulemaking will impose any 
costs on small entities because the reporting requirements themselves 
are not changed and because the rule applies only to information on 
individuals that is maintained by the Federal Government or that is 
already publicly available. Therefore, I hereby certify that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

C. National Environmental Policy Act

    DOT has analyzed the environmental impacts of this final action 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and has determined that it is categorically excluded 
pursuant to DOT Order 5610.1C, Procedures for Considering Environmental 
Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions 
identified in an agency's NEPA implementing procedures that do not 
normally have a significant impact on the environment and therefore do 
not require either an environmental assessment (EA) or environmental 
impact statement (EIS). See 40 CFR 1508.4. In analyzing the 
applicability of a categorical exclusion, the agency must also consider 
whether extraordinary circumstances are present that would warrant the 
preparation of an EA or EIS. Id. Paragraph 3.c.5 of DOT Order 5610.1C 
incorporates by reference the categorical exclusions for all DOT 
Operating Administrations. This action is covered by the categorical 
exclusion listed in the Federal Highway Administration's implementing 
procedures, ``[p]romulgation of rules, regulations, and directives.'' 
23 CFR 771.117(c)(20). The purpose of this rulemaking is to amend the 
Appendix to DOT's Privacy Act regulations. The Department does not 
anticipate any environmental impacts and there are no extraordinary 
circumstances present in connection with this rulemaking.

D. Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, Federalism, dated August 
4, 1999, and it has been determined that it will not have a substantial 
direct effect on, or sufficient Federalism implications for, the 
States, nor would it limit the policymaking discretion of the States. 
Therefore, the preparation of a Federalism Assessment is not necessary.

E. Executive Order 13084 (Consultation and Coordination With Indian 
Tribal Governments)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because it would not 
have any effect Indian Tribal Governments, the funding and consultation 
requirements of Executive Order 13084 do not apply.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. DOT has determined that this 
action does not contain a collection of information requirement for the 
purposes of the PRA.

G. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, 109 Stat. 48, March 22, 1995) requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. The UMRA requires a written 
statement of economic and regulatory alternatives for proposed and 
final rules that contain Federal mandates. A ``Federal mandate'' is a 
new or additional enforceable duty, imposed on any State, local, or 
tribal Government; or the private sector. If any Federal mandate causes 
those entities to spend, in aggregate, $143.1 million or more in any 
one year (adjusted for inflation), an UMRA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal governments; or the private sector.

H. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under E.O. 12866.

I. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of lnformation and Regulatory Affairs designated this rule 
as not a 'major rule', as defined by 5 U.S.C. 804(2).

List of Subjects in 49 CFR Part 10

    Penalties, Privacy.

    In consideration of the foregoing, DOT amends part 10 of title 49, 
Code of Federal Regulations, as follows:

PART 10--MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO 
INDIVIDUALS

0
1. The authority citation for part 10 continues to read as follows:

     Authority:  5 U.S.C. 552a; 49 U.S.C. 322.


0
 2. Amend Part II of appendix A by adding section H to read as follows:

Appendix A to Part 10--Exemptions

Part II. Specific Exemptions

* * * * *
    H. The following systems of records are exempt from subsection 
(d) (Access to Records) of the Privacy Act, 5 U.S.C. 552a, to the 
extent that they contain investigatory material compiled for law 
enforcement purposes, in accordance with 5 U.S.C. 552a(k)(2):
    1. Aviation Consumer Complaint Appropriation System, maintained 
by the Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings in the Office of the Secretary (DOT/OST 
102).
    This exemption is justified because granting an individual 
access to investigatory records could interfere with the overall law 
enforcement process by revealing a sensitive investigative 
technique, or confidential sources or information.

    Issued in Washington, DC, on December 4, 2019.
Elaine L. Chao,
Secretary.
[FR Doc. 2019-26668 Filed 12-10-19; 8:45 am]
 BILLING CODE 4910-9X-P

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