Privacy Act of 1974; Department of Transportation, Federal Aviation Administration; DOT/FAA 807 Facility Access Control at the Mike Monroney Aeronautical Center, 51477-51482 [2022-17945]
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Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
you claim that any of the information or
documents provided to the agency
constitute confidential business
information within the meaning of 5
U.S.C. 552(b)(4), or are protected from
disclosure pursuant to 18 U.S.C. 1905,
you must submit supporting
information together with the materials
that are the subject of the confidentiality
request, in accordance with part 512, to
the Office of the Chief Counsel. Your
request must include a cover letter
setting forth the information specified in
our confidential business information
regulation (49 CFR 512.8) and a
certificate, pursuant to § 512.4(b) and
part 512, appendix A. In addition, you
should submit a copy, from which you
have deleted the claimed confidential
business information, to the Docket at
the address given above.
FOR FURTHER INFORMATION CONTACT:
Callie Roach, Office of the Chief
Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
Telephone: 202–366–2992; Fax: 202–
366–3820.
On July
21, 2022, in accordance with statutory
and administrative provisions, NHTSA
published a notice announcing receipt
of a petition from Ford seeking
exemption from portions of seven
FMVSS (87 FR 43602). Ford’s petition
sought exemption from portions of
FMVSS No. 101, Controls and Displays;
No. 102, Transmission Shift Position
Sequence, Starter Interlock, and
Transmission Braking Effect; No. 108,
Lamps, Reflective Devices, and
Associated Equipment; No. 111, Rear
Visibility; No. 126, Electronic Stability
Control Systems; No. 135, Light Vehicle
Brake Systems; and No. 138, Tire
Pressure Monitoring Systems. The
notice sought public comment regarding
the merits of Ford’s exemption and on
potential terms and conditions that
should be applied to the temporary
exemption if granted. The comment
period for the notice is scheduled to end
on August 22, 2022.
SUPPLEMENTARY INFORMATION:
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Comment Period Extension Requests
NHTSA received six requests to
extend the comment period on the
notice by 60 days. NHTSA received a
joint request from the Advocates for
Highway and Auto Safety and the
Center for Auto Safety and individual
requests from the San Francisco
Municipal Transportation Agency
(SFMTA), the City of Oakland
Department of Transportation
(OakDOT), the National Association of
City Transportation Officials (NACTO),
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the League of American Bicyclists, and
America Walks.
The Advocates for Highway and Auto
Safety and the Center for Auto Safety
submitted a joint letter on August 4,
2022, requesting a 60-day extension of
the comment period. The requestors
state that the novel petition at issue
raises numerous complex technical and
policy issues involving vehicle safety
that necessitate significant analysis. The
requesters further state that extending
the comment period will permit them to
provide NHTSA with comprehensive
input on the many substantial questions
raised. The requestors state that
extending the public comment period is
in the public interest and will provide
the public with sufficient time to
provide specific and thorough feedback
to the agency in a timely manner.1
SFMTA submitted a letter on August
8, 2022, requesting a 60-day extension
of the comment period. SFMTA’s
request like the joint requesters’, states
that the petition raises numerous
complex technical and policy issues
involving vehicle safety that necessitate
significant analysis. SFMTA also states
that extending the comment period will
permit them to provide comprehensive
input on the many substantial questions
raised. Further, SFMTA notes that, as
the City of San Francisco is the location
with the most intensive testing of
automated vehicles to date, they have
valuable insights to offer and stand to be
significantly affected by the outcome of
the petition.2
OakDOT submitted an email on
August 10, 2022 requesting a 60-day
extension of the comment period.3
OakDOT stated that they do not believe
the comment period provides sufficient
time for an adequate response. OakDOT
further stated that, as a local jurisdiction
that is charged with ensuring safety of
their transportation system, they request
additional time to allow cities like theirs
1 The requestors note that they are also seeking an
extension of the comment period for a notice
regarding a part 555 petition submitted by General
Motors (GM) that was published on the same day
as the Ford notice and that also has a comment
period that ends on August 22, 2022. NHTSA will
address this request separately.
2 SFMTA also notes that they are also seeking an
extension of the comment period for a notice
regarding a part 555 petition submitted by General
Motors (GM) that was published on the same day
as the Ford notice and that also has a comment
period that ends on August 22, 2022. NHTSA will
address this request separately.
3 OakDOT’s email also requested a 60-day
extension of the comment period for a notice
regarding a part 555 petition submitted by General
Motors (GM) that was published on the same day
as the Ford notice and that also has a comment
period that ends on August 22, 2022. NHTSA will
address this request separately.
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to fully assess potential safety impacts
and provide valuable comments.
Similar requests were also received
from NACTO, the League of American
Bicyclists, and America Walks on
August 10, 2022, August 11, 2022, and
August 15, 2022, respectively.
Agency Decision
After consideration of the requests,
NHTSA has decided to grant an
extension of the comment period. The
agency has determined that an
extension is consistent with the public
interest. NHTSA agrees that allowing
additional time for the public to provide
comments would be in the public
interest. Therefore, NHTSA is granting
the aforementioned requests to extend
the comment period; however, NHTSA
is extending it only for 30 days. A 30day extension appropriately balances
NHTSA’s interest in providing the
public with sufficient time to comment
on the notice, with its interest to issue
a final decision on the petition in an
expeditious manner.
Authority: 49 U.S.C. 30113 and 30166;
delegation of authority at 49 CFR 1.95.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95.
Steven S. Cliff,
Administrator.
[FR Doc. 2022–18102 Filed 8–18–22; 11:15 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. OST–2021–0050]
Privacy Act of 1974; Department of
Transportation, Federal Aviation
Administration; DOT/FAA 807 Facility
Access Control at the Mike Monroney
Aeronautical Center
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
ACTION: Notice of a modified Privacy Act
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974, the United States
Department of Transportation (DOT),
Federal Aviation Administration (FAA),
proposes to rename, update and reissue
an existing system of records notice
currently titled ‘‘Department of
Transportation, Federal Aviation
Administration, DOT/FAA 807, Traffic
Control at the Mike Monroney
Aeronautical Center.’’ The Mike
Monroney Aeronautical Center (MMAC)
is located in Oklahoma City, OK and is
home to more than 8,000 full-time
employees and receives 10,000 visitors
SUMMARY:
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per month. It encompasses
approximately 1,100 acres and 133
buildings and conducts training for
DOT/FAA employees and contractors,
and other federal employees (including
employees of federal agencies who are
tenants at the MMAC). Tenants are
federal agencies who pay to lease space
on the MMAC campus. The Director for
the Office of Facilities and Management
(AMP–1), the Security and
Investigations Division (AMC–700) and
the MMAC Operations and Maintenance
Division (AMP–300), are responsible for
maintaining access control to the facility
including the administration of policies,
programs and activities related to access
to the MMAC facilities, as well as
managing tasks related to vehicle
registrations, key issuance, visitors
(members of the public, including
federal employees attending training or
special events, short-term vendors, and
research participants), as well as tenants
and DOT/FAA employees and
contractors assigned to the MMAC
campus. These functions ensure that
only authorized personnel obtain access
and entrance to facilities located at the
MMAC campus and that pedestrian and
vehicular traffic within the campus is
controlled and orderly.
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Notice Updates
This Notice includes both substantive
changes and non-substantive changes to
the previously published Notice. The
substantive changes have been made to
the system name, system manager,
authority, purpose, categories of
individuals, categories of records,
record source categories, routine uses,
policies and practices for storage of
records, policies and practices for
retrieval of records, policies and
practices for retention and disposal of
records, and record access procedures.
The non-substantive changes have been
made to administrative, technical and
physical safeguards, contesting records
procedures, and notification procedures,
as well as revisions to align with the
requirements of the Office of
Management and Budget (OMB)
Memoranda A–108 and ensure
consistency with other Notices issued
by the Department of Transportation.
DATES: Written comments should be
submitted on or before September 21,
2022. The Department may publish an
amended Systems of Records Notice in
light of any comments received. This
new system will be effective September
21, 2022.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2021–0050 by any of the following
methods:
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• 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–2021–0050. 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: Karyn
Gorman, Acting Departmental Chief
Privacy Officer, Privacy Office,
Department of Transportation,
Washington, DC 20590; privacy@
dot.gov; or 202–527–3284.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, the Department of Transportation
proposes to modify and re-issue a
Department of Transportation system of
record notice titled, ‘‘Department of
Transportation, Federal Aviation
Administration, DOT/FAA 807 Traffic
Control at the Mike Monroney
Aeronautical Center (formerly named
Law Enforcement Records and Central
Files).’’ This system of records covers
records collected and maintained for the
purposes of:
• Issuing permanent and temporary
parking passes (or decals) to DOT/FAA
employees and contractors, and tenants;
• Issuing short-term passes to federal
employees and contractors who have
forgotten or misplaced their Personal
Identification Verification (PIV) card;
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• Issuing short-term and long-term
passes to visitors;
• Issuing keys (both physical and
digital) to federal employees and
contractors; and
• Maintaining records of individuals
failing to adhere to parking policy and,
therefore, cited for parking violations on
the MMAC campus.
The following substantive changes
have been made to the Notice:
1. System Name and Number: This
Notice updates the system name to
‘‘Facility Access Control at the Mike
Monroney Aeronautical Center’’ from
the previous system name of ‘‘Traffic
Control at the Mike Monroney
Aeronautical Center (formerly named
Law Enforcement Records and Central
Files).’’ The update to the system name
accounts for the access control
conducted by the MMAC, such as
visitor passes, parking decals and key
access management.
2. System Manager: This Notice
updates the system manager to include
contact information for the Office of
Facility Management which was not
included in the previous Notice. The
system manager contact information is
compatible with the purpose of the
system of records.
3. Authority: This Notice updates the
authorities to include Chapter 5 of Title
40, United States Code, Property
Management, and 41 CFR part 102–74,
Facility Management which authorize
the administration of programs and
systems as well as collection of records
to manage to property, and vehicular
and pedestrian traffic. Reference to 44
U.S.C. 3101 authorizing the collection
and use of agency documents and
information related to agency policies,
procedures and transactions is not
appropriate for activity around the
collection of information related to
facility access management and has
been removed.
4. Purpose: This Notice updates the
purpose to incorporate all functions of
the MMAC. This includes issuance of
short- and long-term passes and parking
decals, issuance of keys, and
maintenance of individuals who violate
parking policy. The records collected,
used and maintained are compatible
with the purpose of the system of
records.
5. Categories of Individuals:
Consistent with the expansion of the
purpose of the system, this Notice
expands the categories of individuals to
include those individuals (employees,
contractors, visitors, and tenants) who
apply for temporary or long-term passes
and parking decals authorizing them to
enter the MMAC campus. Additionally,
the language in this section has been
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clarified to define tenants as individuals
to whom the FAA issues parking passes
and may cite for parking violations. The
categories of individuals is compatible
with the purpose of the system of
records.
6. Categories of Records: This Notice
updates categories of records to reflect
that the system collects information for
the purposes of issuing visitor passes,
and parking decals. Visitor pass records
include the following data elements, not
limited to: full name and signature,
temporary badge number, identity (ID)
card number (including driver’s license
number), and phone number. Records
collected and maintained for parking
(including parking violations) include:
full name, handicap (HC) placard
number, decal number, tag number and
state, vehicle description, vehicle year
and make, and comments (including
driver’s license number). Records
collected and maintained for key
issuance and management include; key
holder name, email address and
signature, request ID, and key ID
assigned. The categories of records is
compatible with the purpose of the
system of records.
7. Records Source: This Notice
updates records source to reference that
information collected and maintained is
provided by individuals seeking parking
decals and access to MMAC facilities.
Items, such as temporary badge number,
decal number and HC placard number,
are provided by FAA employees and
contractors approving these access and
parking requests.
8. Routine Uses: This Notice updates
routine uses to include the Department
of Transportation’s general routine uses
applicable to this Notice as they were
previously only incorporated by
reference. OMB Memoranda A–108
recommends that agencies include all
routine uses in one notice rather than
incorporating general routine uses by
reference; therefore, the Department is
replacing the statement in DOT/FAA
807 that referenced the ‘‘Statement of
General Routine Uses’’ with all of the
general routine uses that apply to this
system of records. This update does not
substantially affect any of the routine
uses for records maintained in this
system.
9. Records Storage: This Notice
updates policies and practices for the
storage of records to reflect that current
records are electronic. The previously
published Notice stated that records are
maintained in files and containers, and
in password protected electronic
databases in rooms secured with the
FAA locking system.
10. Records Retrieval: This Notice
updates the policies and practices for
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the retrieval of records to reflect that
parking records (including parking
violations) can be searched by name,
temporary badge number, vehicle tag
number or vehicle decal number. Visitor
pass records can be retrieved by name.
Key access management records may be
retrieved by name as well as request ID
and key ID. The records retrieval
information is compatible with the
purpose of the system of records.
11. Retention and Disposal: This
Notice updates the policies and
practices for retention and disposal of
records section to include current
National Archives and Records
Administration (NARA) schedules
governing the various record types. The
updated retention schedules include the
following groupings of record types: (a)
Visitor pass and parking information
(including parking violations) are
covered by General Records Schedule
(GRS) 5.6 Item 111 Visitor Processing
Records where records are destroyed
when 2 years old. The schedule
includes retention for visitor passes in
addition to parking; and (b) Key access
management information is covered by
GRS 5.6 Item 020 Key and Card Access
Accountability where records are
destroyed when 3 years old. The
previously published Notice stated the
following: Identification credentials
including parking permits: Destroy
credentials three months after return to
issuing office. Related identification
credential papers such as vehicle
registrations: Destroy after all listed
credentials are accounted for. Reports,
statements of witnesses, warning
notices, and other papers relating to
arrests and traffic violations: Destroy
when 2 years old. Records related to
witness statements were included
incorrectly and are no longer included
in the updated Notice.
12. Record Access: This Notice
updates the record access procedures to
reflect that signatures on signed requests
for records must either be notarized or
accompanied by a statement made
under penalty of perjury in compliance
with 28 U.S.C. 1746 while the previous
Notice directed the Record Access,
Contesting Record and Notification
sections to ‘‘System Manager.’’
The following non-substantive
changes to the administrative, technical,
and physical safeguards, contesting
records procedures, and notification
procedures, have been made to improve
the transparency and readability of the
Notice:
13. Administrative, Technical and
Physical Safeguards: This Notice
updates the administrative, technical
and physical safeguards to reference
current FAA processes. The purpose of
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this non-substantive update is to clarify
language around security controls to
restrict access to authorized users,
thereby aligning with the requirements
of OMB Memoranda A–108 and for
consistency with other DOT/FAA
SORNs.
14. Contesting Records: This Notice
updates the procedures for contesting
records to refer the reader to the record
access procedures section. The purpose
of this non-substantive update is to
align with the requirements of OMB
Memoranda A–108 and for consistency
with other DOT/FAA SORNs.
15. Notification: This Notice updates
the procedures for notification to refer
the reader to the record access
procedures section. The purpose of this
non-substantive update is to align with
the requirements of OMB Memoranda
A–108 and for consistency with other
DOT/FAA SORNs.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a System of Records. A ‘‘System
of Records’’ is a group of any records
under the control of a Federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a System of
Records Notice (SORN) identifying and
describing each System of Records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information). In accordance with 5
U.S.C. 552a(r), DOT has provided a
report of this system of records to the
Office of Management and Budget and
to Congress.
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/
Federal Aviation Administration (FAA)
807 Facility Access Control at the Mike
Monroney Aeronautical Center.
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
Federal Aviation Administration,
Mike Monroney Aeronautical Center
(MMAC), 6500 S MacArthur Blvd.,
Oklahoma City, OK 73169.
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SYSTEM MANAGER:
Federal Aviation Administration,
Office of Facility Management, AMP–1,
Mike Monroney Aeronautical Center,
6500 S MacArthur Blvd., Oklahoma
City, OK 73169. Contact information for
the system manager is: 405–954–4572.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
40 U.S.C. Chapter 5, and 41 CFR part
102–74, Facility Management.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system includes
issuance of short- and long-term passes
and parking decals, issuance of keys,
and maintenance of records on
individuals who violate parking policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records include information on DOT/
FAA employees and contractors,
visitors, and tenants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Visitor pass records include the
following data elements, not limited to:
full name and signature, temporary
badge number, ID card number
(including driver’s license number), and
phone number. Records collected and
maintained for parking (including
parking violations) include: full name,
HC placard number, decal number, tag
number and state, vehicle description,
vehicle year and make, and comments
(including driver’s license number).
Records collected and maintained for
key issuance and management include;
key holder name, email address and
signature, request ID, and key ID
assigned.
RECORD SOURCE CATEGORIES:
Information maintained in records are
provided by individuals seeking parking
permits, access to facilities, or issuance
of keys. Additional information may be
provided by FAA employees and
contractors reviewing and approving
requests.
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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:
1. 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
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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.
2. 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.
3. 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.
4. 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. 4b.
Routine Use for Agency Disclosure in
Other Proceedings. It shall be a routine
use of records in this system to disclose
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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.
5. 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.
6. Disclosure may be made to a
Congressional office from the record of
an individual in response to an inquiry
from the Congressional office made at
the request of that individual. In such
cases, however, the Congressional office
does not have greater rights to records
than the individual. Thus, the
disclosure may be withheld from
delivery to the individual where the file
contains investigative or actual
information or other materials which are
being used, or are expected to be used,
to support prosecution or fines against
the individual for violations of a statute,
or of regulations of the Department
based on statutory authority. No such
limitations apply to records requested
for Congressional oversight or legislative
purposes; release is authorized under 49
CFR 10.35(9).
7. 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.
8. Routine Use for disclosure to the
Coast Guard and to Transportation
Security Administration. A record from
this system of records may be disclosed
as a routine use to the Coast Guard and
to the Transportation Security
Administration if information from this
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system was shared with either agency
when that agency was a component of
the Department of Transportation before
its transfer to the Department of
Homeland Security and such disclosure
is necessary to accomplish a DOT, TSA
or Coast Guard function related to this
system of records.
9. 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.
10. It shall be a routine use of the
information in any DOT system of
records to provide to the Attorney
General of the United States, or his/her
designee, information indicating that a
person meets any of the
disqualifications for receipt, possession,
shipment, or transport of a firearm
under the Brady Handgun Violence
Prevention Act. In case of a dispute
concerning the validity of the
information provided by DOT to the
Attorney General, or his/her designee, it
shall be a routine use of the information
in any DOT system of records to make
any disclosures of such information to
the National Background Information
Check System, established by the Brady
Handgun Violence Prevention Act, as
may be necessary to resolve such
dispute.
11. a. To appropriate agencies,
entities, and persons when (1) DOT
suspects or has confirmed that there has
been a breach of the system of records;
(2) DOT has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
DOT (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
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connection with DOT’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
b. To another Federal agency or
Federal entity, when DOT determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
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
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51481
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:
All records in this system are stored
electronically. Records are accessed by
designated persons who have an official
need for the information. All electronic
records for the system are backed up to
an offsite storage location to facilitate
information recovery in the event of a
disaster or system failure that removes
or makes local data unavailable.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records for parking (including
parking violations) can be searched by
name, temporary badge number, vehicle
tag number or vehicle decal number.
Records for visitor passes can be
retrieved by name. Records for key
access management may be retrieved by
name as well as request ID and key ID
assigned.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Per GRS 5.6 Item 111, visitor pass and
parking records (including parking
violations) are retained for 2 years. Per
GRS 5.6 Item 020, key access records are
retained and destroyed 3 years after
return of key. For all records, longer
retention is authorized if required for
business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to records in this system is limited to
those individuals who have a need to
know the information for the
performance of their official duties and
who have appropriate clearances or
permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of
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 to the Privacy Act
regulations set forth in 49 CFR part 10.
You must sign your request and your
signature must either be notarized or
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Federal Register / Vol. 87, No. 161 / Monday, August 22, 2022 / Notices
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 RECORD PROCEDURES:
See ‘‘Record Access Procedures’’
above.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Previous version of this system of
records, DOT/FAA 807—Traffic Control
at the Mike Monroney Aeronautical
Center was published in the Federal
Register on April 11, 2000 (65 FR
19519).
Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022–17945 Filed 8–19–22; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2021–0094]
Privacy Act of 1974; Department of
Transportation, Federal Aviation
Administration; DOT/FAA–815;
Investigative Record System; System
of Record Notice
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the United States
Department of Transportation (DOT),
Federal Aviation Administration (FAA)
proposes to update and reissue a current
DOT system of records titled, ‘‘DOT/
FAA–815, Investigative Record
System.’’ The system collects
information on FAA employees,
contractors, and members of the public
in support of the Personnel Security
Background and Internal investigations
programs. The records in this system
document all official actions taken on
individuals who are subject to this
notice. This Privacy Act System of
Records Notice (SORN) is being updated
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SUMMARY:
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to include substantial changes to system
location, system manager, authority for
maintenance, purpose, categories of
individuals, categories of records,
records source category, routine uses,
practices for storage of records, policies
and practices for retrieval of records,
policies and practices for retention and
disposal of records, and exemptions
claimed and non-substantial changes to
administrative, technical and physical
safeguards, records access, contesting
records, and notification procedures.
DATES: Written comments should be
submitted on or before September 21,
2022. The Department may publish an
amended SORN in light of any
comments received. This new system
will be effective September 21, 2022.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2021–0094 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–2021–0094.
• 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 DOT’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: Karyn
Gorman, Acting Departmental Chief
Privacy Officer, Privacy Office,
Department of Transportation,
Washington, DC 20590; privacy@
dot.gov; or (202) 527–3284.
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SUPPLEMENTARY INFORMATION:
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
update and reissue a DOT system of
records titled, ‘‘DOT/FAA 815
Investigative Records System’’. The
FAA requires personnel security
background investigations for current
and potential FAA employees (inclusive
of FAA federal government employees,
interns, employees from other federal
agencies on a detail, contractors and
persons performing business), for
suitability for federal government
employment within the FAA. The
investigations include decisions
regarding the suitability of a security
clearance and issuance of a Personal
Identity Verification (PIV) card for
physical and logical access to FAA
controlled facilities and information
systems. In addition, the FAA conducts
internal investigations to include
suspected criminal and civil violations
by FAA employees and contractors,
aircraft owners, and airmen and other
FAA certificate holders as defined by 49
United States Code (U.S.C.)
§ 40102(a)(8), including an individual:
(1) in command, or as pilot, mechanic,
or member of the crew, who navigates
aircraft when under way; (2) who is
directly in charge of inspecting,
maintaining, overhauling, or repairing
aircraft, aircraft engines, propellers, or
appliances (except to the extent the
FAA Administrator may provide
otherwise for individuals employed
outside the United States); or (3) who
serves as an aircraft dispatcher or air
traffic control tower operator. Internal
investigations may include, but are not
limited to, counterfeit certificates;
falsification of official documents;
property theft; laser incidents; and other
investigative services provided to law
enforcement agencies. The system of
records supports the FAA’s mandate to
investigate the actual or probable
violation of civil and criminal laws
regulating controlled substances by
aircraft owners and airmen. The FAA
conducts Personnel Security
Background and Internal investigation
services to the FAA and aviation
communities to ensure aviation safety,
support national security, and promote
an efficient airspace system. The
Investigative Records System serves as a
repository of and documents the results
and actions of Personnel Security
Background investigations, conducted
both before and after an employee’s
entry on duty, and internal
investigations of alleged criminal and
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51477-51482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17945]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. OST-2021-0050]
Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration; DOT/FAA 807 Facility Access Control at the
Mike Monroney Aeronautical Center
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.
ACTION: Notice of a modified Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation (DOT), Federal Aviation Administration
(FAA), proposes to rename, update and reissue an existing system of
records notice currently titled ``Department of Transportation, Federal
Aviation Administration, DOT/FAA 807, Traffic Control at the Mike
Monroney Aeronautical Center.'' The Mike Monroney Aeronautical Center
(MMAC) is located in Oklahoma City, OK and is home to more than 8,000
full[hyphen]time employees and receives 10,000 visitors
[[Page 51478]]
per month. It encompasses approximately 1,100 acres and 133 buildings
and conducts training for DOT/FAA employees and contractors, and other
federal employees (including employees of federal agencies who are
tenants at the MMAC). Tenants are federal agencies who pay to lease
space on the MMAC campus. The Director for the Office of Facilities and
Management (AMP-1), the Security and Investigations Division (AMC-700)
and the MMAC Operations and Maintenance Division (AMP-300), are
responsible for maintaining access control to the facility including
the administration of policies, programs and activities related to
access to the MMAC facilities, as well as managing tasks related to
vehicle registrations, key issuance, visitors (members of the public,
including federal employees attending training or special events,
short-term vendors, and research participants), as well as tenants and
DOT/FAA employees and contractors assigned to the MMAC campus. These
functions ensure that only authorized personnel obtain access and
entrance to facilities located at the MMAC campus and that pedestrian
and vehicular traffic within the campus is controlled and orderly.
Notice Updates
This Notice includes both substantive changes and non-substantive
changes to the previously published Notice. The substantive changes
have been made to the system name, system manager, authority, purpose,
categories of individuals, categories of records, record source
categories, routine uses, policies and practices for storage of
records, policies and practices for retrieval of records, policies and
practices for retention and disposal of records, and record access
procedures. The non-substantive changes have been made to
administrative, technical and physical safeguards, contesting records
procedures, and notification procedures, as well as revisions to align
with the requirements of the Office of Management and Budget (OMB)
Memoranda A-108 and ensure consistency with other Notices issued by the
Department of Transportation.
DATES: Written comments should be submitted on or before September 21,
2022. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be effective
September 21, 2022.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2021-0050 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-2021-0050. 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: Karyn
Gorman, Acting Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
202-527-3284.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to modify and re-issue a Department of
Transportation system of record notice titled, ``Department of
Transportation, Federal Aviation Administration, DOT/FAA 807 Traffic
Control at the Mike Monroney Aeronautical Center (formerly named Law
Enforcement Records and Central Files).'' This system of records covers
records collected and maintained for the purposes of:
Issuing permanent and temporary parking passes (or decals)
to DOT/FAA employees and contractors, and tenants;
Issuing short[hyphen]term passes to federal employees and
contractors who have forgotten or misplaced their Personal
Identification Verification (PIV) card;
Issuing short-term and long-term passes to visitors;
Issuing keys (both physical and digital) to federal
employees and contractors; and
Maintaining records of individuals failing to adhere to
parking policy and, therefore, cited for parking violations on the MMAC
campus.
The following substantive changes have been made to the Notice:
1. System Name and Number: This Notice updates the system name to
``Facility Access Control at the Mike Monroney Aeronautical Center''
from the previous system name of ``Traffic Control at the Mike Monroney
Aeronautical Center (formerly named Law Enforcement Records and Central
Files).'' The update to the system name accounts for the access control
conducted by the MMAC, such as visitor passes, parking decals and key
access management.
2. System Manager: This Notice updates the system manager to
include contact information for the Office of Facility Management which
was not included in the previous Notice. The system manager contact
information is compatible with the purpose of the system of records.
3. Authority: This Notice updates the authorities to include
Chapter 5 of Title 40, United States Code, Property Management, and 41
CFR part 102-74, Facility Management which authorize the administration
of programs and systems as well as collection of records to manage to
property, and vehicular and pedestrian traffic. Reference to 44 U.S.C.
3101 authorizing the collection and use of agency documents and
information related to agency policies, procedures and transactions is
not appropriate for activity around the collection of information
related to facility access management and has been removed.
4. Purpose: This Notice updates the purpose to incorporate all
functions of the MMAC. This includes issuance of short- and long-term
passes and parking decals, issuance of keys, and maintenance of
individuals who violate parking policy. The records collected, used and
maintained are compatible with the purpose of the system of records.
5. Categories of Individuals: Consistent with the expansion of the
purpose of the system, this Notice expands the categories of
individuals to include those individuals (employees, contractors,
visitors, and tenants) who apply for temporary or long-term passes and
parking decals authorizing them to enter the MMAC campus. Additionally,
the language in this section has been
[[Page 51479]]
clarified to define tenants as individuals to whom the FAA issues
parking passes and may cite for parking violations. The categories of
individuals is compatible with the purpose of the system of records.
6. Categories of Records: This Notice updates categories of records
to reflect that the system collects information for the purposes of
issuing visitor passes, and parking decals. Visitor pass records
include the following data elements, not limited to: full name and
signature, temporary badge number, identity (ID) card number (including
driver's license number), and phone number. Records collected and
maintained for parking (including parking violations) include: full
name, handicap (HC) placard number, decal number, tag number and state,
vehicle description, vehicle year and make, and comments (including
driver's license number). Records collected and maintained for key
issuance and management include; key holder name, email address and
signature, request ID, and key ID assigned. The categories of records
is compatible with the purpose of the system of records.
7. Records Source: This Notice updates records source to reference
that information collected and maintained is provided by individuals
seeking parking decals and access to MMAC facilities. Items, such as
temporary badge number, decal number and HC placard number, are
provided by FAA employees and contractors approving these access and
parking requests.
8. Routine Uses: This Notice updates routine uses to include the
Department of Transportation's general routine uses applicable to this
Notice as they were previously only incorporated by reference. OMB
Memoranda A-108 recommends that agencies include all routine uses in
one notice rather than incorporating general routine uses by reference;
therefore, the Department is replacing the statement in DOT/FAA 807
that referenced the ``Statement of General Routine Uses'' with all of
the general routine uses that apply to this system of records. This
update does not substantially affect any of the routine uses for
records maintained in this system.
9. Records Storage: This Notice updates policies and practices for
the storage of records to reflect that current records are electronic.
The previously published Notice stated that records are maintained in
files and containers, and in password protected electronic databases in
rooms secured with the FAA locking system.
10. Records Retrieval: This Notice updates the policies and
practices for the retrieval of records to reflect that parking records
(including parking violations) can be searched by name, temporary badge
number, vehicle tag number or vehicle decal number. Visitor pass
records can be retrieved by name. Key access management records may be
retrieved by name as well as request ID and key ID. The records
retrieval information is compatible with the purpose of the system of
records.
11. Retention and Disposal: This Notice updates the policies and
practices for retention and disposal of records section to include
current National Archives and Records Administration (NARA) schedules
governing the various record types. The updated retention schedules
include the following groupings of record types: (a) Visitor pass and
parking information (including parking violations) are covered by
General Records Schedule (GRS) 5.6 Item 111 Visitor Processing Records
where records are destroyed when 2 years old. The schedule includes
retention for visitor passes in addition to parking; and (b) Key access
management information is covered by GRS 5.6 Item 020 Key and Card
Access Accountability where records are destroyed when 3 years old. The
previously published Notice stated the following: Identification
credentials including parking permits: Destroy credentials three months
after return to issuing office. Related identification credential
papers such as vehicle registrations: Destroy after all listed
credentials are accounted for. Reports, statements of witnesses,
warning notices, and other papers relating to arrests and traffic
violations: Destroy when 2 years old. Records related to witness
statements were included incorrectly and are no longer included in the
updated Notice.
12. Record Access: This Notice updates the record access procedures
to reflect that signatures on signed requests for records must either
be notarized or accompanied by a statement made under penalty of
perjury in compliance with 28 U.S.C. 1746 while the previous Notice
directed the Record Access, Contesting Record and Notification sections
to ``System Manager.''
The following non-substantive changes to the administrative,
technical, and physical safeguards, contesting records procedures, and
notification procedures, have been made to improve the transparency and
readability of the Notice:
13. Administrative, Technical and Physical Safeguards: This Notice
updates the administrative, technical and physical safeguards to
reference current FAA processes. The purpose of this non-substantive
update is to clarify language around security controls to restrict
access to authorized users, thereby aligning with the requirements of
OMB Memoranda A-108 and for consistency with other DOT/FAA SORNs.
14. Contesting Records: This Notice updates the procedures for
contesting records to refer the reader to the record access procedures
section. The purpose of this non-substantive update is to align with
the requirements of OMB Memoranda A-108 and for consistency with other
DOT/FAA SORNs.
15. Notification: This Notice updates the procedures for
notification to refer the reader to the record access procedures
section. The purpose of this non-substantive update is to align with
the requirements of OMB Memoranda A-108 and for consistency with other
DOT/FAA SORNs.
II. Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/Federal Aviation Administration
(FAA) 807 Facility Access Control at the Mike Monroney Aeronautical
Center.
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
Federal Aviation Administration, Mike Monroney Aeronautical Center
(MMAC), 6500 S MacArthur Blvd., Oklahoma City, OK 73169.
[[Page 51480]]
SYSTEM MANAGER:
Federal Aviation Administration, Office of Facility Management,
AMP-1, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd.,
Oklahoma City, OK 73169. Contact information for the system manager is:
405-954-4572.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
40 U.S.C. Chapter 5, and 41 CFR part 102-74, Facility Management.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system includes issuance of short- and long-
term passes and parking decals, issuance of keys, and maintenance of
records on individuals who violate parking policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Records include information on DOT/FAA employees and contractors,
visitors, and tenants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Visitor pass records include the following data elements, not
limited to: full name and signature, temporary badge number, ID card
number (including driver's license number), and phone number. Records
collected and maintained for parking (including parking violations)
include: full name, HC placard number, decal number, tag number and
state, vehicle description, vehicle year and make, and comments
(including driver's license number). Records collected and maintained
for key issuance and management include; key holder name, email address
and signature, request ID, and key ID assigned.
RECORD SOURCE CATEGORIES:
Information maintained in records are provided by individuals
seeking parking permits, access to facilities, or issuance of keys.
Additional information may be provided by FAA employees and contractors
reviewing and approving requests.
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:
1. 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.
2. 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.
3. 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.
4. 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. 4b. 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.
5. 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.
6. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials which are being used, or are expected to
be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(9).
7. 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.
8. Routine Use for disclosure to the Coast Guard and to
Transportation Security Administration. A record from this system of
records may be disclosed as a routine use to the Coast Guard and to the
Transportation Security Administration if information from this
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system was shared with either agency when that agency was a component
of the Department of Transportation before its transfer to the
Department of Homeland Security and such disclosure is necessary to
accomplish a DOT, TSA or Coast Guard function related to this system of
records.
9. 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.
10. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute.
11. a. To appropriate agencies, entities, and persons when (1) DOT
suspects or has confirmed that there has been a breach of the system of
records; (2) DOT has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOT (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DOT's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
b. To another Federal agency or Federal entity, when DOT determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
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:
All records in this system are stored electronically. Records are
accessed by designated persons who have an official need for the
information. All electronic records for the system are backed up to an
offsite storage location to facilitate information recovery in the
event of a disaster or system failure that removes or makes local data
unavailable.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records for parking (including parking violations) can be searched
by name, temporary badge number, vehicle tag number or vehicle decal
number. Records for visitor passes can be retrieved by name. Records
for key access management may be retrieved by name as well as request
ID and key ID assigned.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Per GRS 5.6 Item 111, visitor pass and parking records (including
parking violations) are retained for 2 years. Per GRS 5.6 Item 020, key
access records are retained and destroyed 3 years after return of key.
For all records, longer retention is authorized if required for
business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to records in this system is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of 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 to the Privacy
Act regulations set forth in 49 CFR part 10. You must sign your request
and your signature must either be notarized or
[[Page 51482]]
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 RECORD PROCEDURES:
See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Previous version of this system of records, DOT/FAA 807--Traffic
Control at the Mike Monroney Aeronautical Center was published in the
Federal Register on April 11, 2000 (65 FR 19519).
Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022-17945 Filed 8-19-22; 8:45 am]
BILLING CODE 4910-9X-P