Privacy Act of 1974; Department of Transportation, Federal Aviation Administration, DOT/FAA 811, FAA Health Information Records, 54751-54755 [2022-19182]
Download as PDF
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
label informing the occupant to flip the
visor over, placing the visor in the down
position, for more information. MNA
explained that the label is clearly visible
when the sun visor is in the down
position and is displayed as intended by
FMVSS No. 208.
VII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA finds that MNA has met its
burden of persuasion that the subject
FMVSS No. 208 noncompliance in the
affected vehicles is inconsequential to
motor vehicle safety. Accordingly,
MNA’s petition is hereby granted and
MNA is consequently exempted from
the obligation of providing notification
of, and a free remedy for, that
noncompliance under 49 U.S.C. 30118
and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the subject
vehicles that MNA no longer controlled
at the time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
vehicle distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after MNA notified them that the
subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022–19234 Filed 9–6–22; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
lotter on DSK11XQN23PROD with NOTICES1
[Docket No. OST–2022–0074]
Privacy Act of 1974; Department of
Transportation, Federal Aviation
Administration, DOT/FAA 811, FAA
Health Information Records
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:
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
In accordance with the
Privacy Act of 1974, the Department of
Transportation (DOT) proposes to
rename, update, and reissue an existing
system of records notice currently titled
DOT Federal Aviation Administration
(FAA) system of records DOT/FAA 811,
‘‘Employee Health Record System.’’
This system of records notice (hereafter
referred to as ‘‘Notice’’) previously
covered FAA employees only. FAA
employee occupational health care
records and Health Awareness Program
records are currently covered under the
Office of Personnel Management (OPM)/
Government (GOVT)—10 Employee
Medical File System Records SORN (80
FR 74815—November 30, 2015). The
updated Notice covers the FAA’s
collection, use, and maintenance of nonoccupational health records on federal
employees, as well as FAA contractors
and members of the public, such as
students, interns and training and
research participants, who receive
emergency medical services at either the
Civil Aerospace Medical Institute
(CAMI) Occupational Health Clinic
located at the Mike Monroney
Aeronautical Center (MMAC) in
Oklahoma City, OK, or the FAA
Headquarters (HQ) Health Unit located
in the HQ building in Washington, DC.
Additionally, it covers FAA’s collection
of participation status (i.e., eligible,
ineligible) on members of the public
who engage in research and training
programs at the agency. Any medical
records collected in the course of these
research or training programs is outside
the scope of this Notice. The data
collected in the system is a combination
of health information and Personally
Identifiable Information (PII) which is
used to provide proper medical care and
case management.
DATES: Written comments should be
submitted on or before October 7, 2022.
The Department may publish an
amended Systems of Records Notice in
light of any comments received. This
new system will be effective October 7,
2022.
ADDRESSES: You may submit comments,
identified by docket number OST–
2022–0074 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
SUMMARY:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
54751
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 Docket No. OST–2022–
0074. 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 January 17, 2008 (73 FR
3316–3317), or you may visit https://
www.transportation.gov/privacy.
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 202–366–3140.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice update includes
substantive changes to system name,
system location, system manager,
purpose, categories of individuals,
categories of records, record source
categories, routine uses of records
maintained in the system, policies and
practices for retrieval of records,
policies and practices for retention and
disposal of records, policies and
practices for storage of records, and
record access procedures; and nonsubstantive changes to administrative,
technical and physical safeguards,
contesting record procedures, and
notification procedures. Updates also
include editorial changes to simplify
and clarify language, formatting, and
text of the previously published Notice,
to align with the requirements of Office
of Management and Budget (OMB)
Memoranda A–108, and to ensure
consistency with other Notices issued
by the Department of Transportation.
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
modify a DOT system of records titled
E:\FR\FM\07SEN1.SGM
07SEN1
lotter on DSK11XQN23PROD with NOTICES1
54752
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
DOT/FAA 811 ‘‘Employee Health
Record System.’’ This system of records
notice applies to non-occupational
health records the FAA collects and
maintains on federal employees, as well
as FAA contractors, and members of the
public who receive emergency medical
services. This notice also applies to
medical information concerning
members of public’s eligibility to
participate in research and training
programs offered by CAMI, and their
participant status within those
programs. Medical information that
CAMI maintains on these training and
research participants is the same
medical evaluation information that it
maintains on those who visit the health
centers for non-occupational health
reasons, except that these files also
include documentation of the
individual’s participant status in the
relevant research or training program.
Any medical records collected as part of
FAA’s research is outside the scope of
this Notice. The health facilities that
provide in-person care are located at the
Mike Monroney Aeronautical Center
(MMAC), Civil Aerospace Medicine
Institute (CAMI in Oklahoma City, OK
and the FAA Headquarters (HQ), Room
328, Building FOB10A, in Washington,
DC The facility that provides medical
evaluations for purposes of determining
eligibility for research and training
programs is the Mike Monroney
Aeronautical Center (MMAC), Civil
Aerospace Medicine Institute (CAMI) in
Oklahoma City, OK. The data collected
on individuals is detailed below in the
Categories of Records.
The following substantive changes
have been made to the Notice:
1. System Name: This Notice updates
the system name from DOT/FAA 811
‘‘Employee Health Record System,’’ to
DOT/FAA 811 ‘‘FAA Health
Information Records System’’ to
describe more accurately the coverage of
health records specifically collected,
used, and maintained on federal
employees, FAA contractors, and
members of the public treated at one of
the two FAA health facilities.
2. System Location: This Notice
updates the system locations to
specifically identify the addresses of the
two FAA health facilities. One is located
at the FAA, Civil Aerospace Medical
Institute, Occupational Health Clinic,
Mike Monroney Aeronautical Center,
6500 S Macarthur Blvd., Oklahoma City,
OK 73169, and the other at the FAA HQ,
800 Independence Avenue SW, Room
328, Building FOB10A, Washington, DC
20591. The previous Notice only
mentioned the Washington location
with no specific address, and regional
and center medical facilities. The FAA’s
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
regional and center medical facilities
only collect occupational health
records, which are covered by the Office
of Personnel Management (OPM)/
Government (GOVT)–10 Employee
Medical File System Records. Because
these regional and center medical
facilities do not collect or maintain nonoccupational records, the references to
these previous locations are removed
from this modified Notice.
3. System Manager: This Notice
updates the system manager information
for the two FAA health facilities and
adds telephone numbers for each. The
modified Notice removes the reference
to Regional Flight Surgeon as it no
longer applies given collection of only
occupational health records in the
regional and center medical facilities,
which is covered by the OPM/GOVT–10
Notice.
4. Purpose: This Notice updates the
purpose section to reflect the
documentation of emergency care
provided to federal employees, FAA
contractors, and members of the public.
Additionally, there is documentation of
participation status of members of the
public to engage in research and
training programs at the FAA. The
previous Notice reference of
documenting the nature of the
complaint or physical examination
findings, treatment rendered, and case
disposition will remain in this Notice
while the preparation of analytical and
statistical studies and reports is
removed as it no longer applies.
5. Categories of Individuals: The
previously published Notice only lists
FAA employees as categories of
individuals. However, the FAA health
facilities provide emergency care to
federal employees, as well as FAA
contractors and members of the public,
such as students, interns, and training
and research participants. This Notice
updates the categories of individuals to
include these groups.
6. Categories of Records: This Notice
updates the categories of records
information referenced in the previous
Notice by identifying data elements, to
include PII such as: last name, social
security number (SSN)/patient identifier
(ID), date of birth (DOB), gender,
company (if contractor), work phone
and cell phone. The previous Notice
listed broad categories of PII and health
records; therefore, to ensure greater
transparency, these changes provide
more specificity to these categories and
data elements collected and maintained
by the FAA.
7. Records Source: This Notice
updates the records source categories to
reflect that the FAA collects data from
non-FAA federal employees (i.e.,
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Department of Defense and DOT
personnel), FAA contractors and
members of the public, as well as FAA
health facility staff, federal and private
sector medical practitioners and
treatment facilities (including external
providers and consultants).
8. Routine Use: This Notice updates
the routine uses to include the
Department of Transportation’s general
routine uses applicable to this Notice as
they were previously only incorporated
by reference. The Office of Management
and Budget (OMB) Memorandum 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
811 that referenced the ‘‘Statement of
General Routine Uses’’ with all of the
general routine uses that apply to this
system of records. Additionally, there
are new system specific routine uses
being added to this Notice. Each new
external sharing of medical information
is compatible with the purpose of
providing the best care to those
individuals needing it at the respective
FAA facilities. The CAMI Health Clinic,
specifically, expects to receive
accreditation regarding its quality of
care and will share information on
appropriate patient records with
assessors for this purpose. Specific
portions of patient records will be
shared with appropriate external
providers to ensure their continuity of
care. Patient consent to share their
information cannot always be obtained
in a timely manner, especially if
incapacitated, so it is necessary to
authorize sharing with external
providers as needed. And, finally, in the
interest of public health, any
information related to communicable
diseases at FAA facilities will be shared
with relevant federal, state and local
health authorities. Only personal
information specific to the sharing will
be exchanged with external sources. The
new routine uses are as follows:
a. To external medical professionals
and independent entities, any patient
records required to support their
reviews for purposes of determining
medical quality assurance and safety of
FAA health facilities.
b. To private or other government
health care providers, portions of
patient records required for
consultation, referral, and continuity of
care or medical contingency support.
c. To disclose information to a
Federal, state, or local agency to the
extent necessary to comply with laws
governing reporting of communicable
diseases.
E:\FR\FM\07SEN1.SGM
07SEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
d. To disclose to a requesting agency,
organization, or individual minimal
personal and health information
concerning those individuals who are
reasonably believed to have contracted
an illness or been exposed to or suffered
from a health hazard while visiting FAA
facilities.
9. Records Storage: This Notice
updates the policies and practices for
the storage of records to reflect that
records previously referenced in the
Notice as stored in security files and
containers, and in computer databases,
are now also stored in micrographic,
photographic, as well as medical
recordings, such as electrocardiograph
tapes, x-rays and strip charts.
10. Records Retrieval: This Notice
updates the policies and practices for
the retrieval of records to reflect that
individual medical history records are
retrieved by name, patient ID and date
of birth.
11. Retention and Disposal: This
Notice updates the policies and
practices for retention and disposal of
records section to add the following
schedules: National Archives and
Records Administration (NARA)
General Records Schedule (GRS) 2.7,
‘‘Employee Health and Safety Records,’’
Item 070, ‘‘Non-occupational Individual
medical case files,’’ which requires
records to be destroyed 10 years after
the most recent encounter. In addition,
the previous Notice stipulated that
federal employee health records would
be destroyed six years after last entry;
this requirement is removed from this
modified Notice because the records are
now maintained for ten years as
referenced above. NARA, NCI–237–77–
7, ‘‘Environmental Health Record,’’ Item
6, Medical Records for non-FAA
employees which are destroyed five
years after treatment date.
12. Records 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. The FAA has
determined that the sensitivity of the
health information maintained in this
system of records warrants this
additional identity requirement.
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 align with
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
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 rather than
the ‘‘System Manager.’’
15. Notifications: This Notice updates
the notification procedures to refer the
reader to the record access procedures
section rather than the ‘‘System
Manager.’’
II. Privacy Act
The Privacy Act (5 U.S.C. 552a)
governs the means by which the Federal
Government collects, maintains, and
uses personally identifiable information
(PII) in a System of Records. A ‘‘System
of Records’’ is a group of any records
under the control of a Federal agency
from which information about
individuals is retrieved by name or
other personal identifier. The Privacy
Act requires each agency to publish in
the Federal Register a System of
Records Notice (SORN) identifying and
describing each System of Records the
agency maintains, including the
purposes for which the agency uses PII
in the system, the routine uses for
which the agency discloses such
information outside the agency, and
how individuals to whom a Privacy Act
record pertains can exercise their rights
under the Privacy Act (e.g., to determine
if the system contains information about
them and to contest inaccurate
information). In accordance with 5
U.S.C. 552a(r), DOT has provided a
report of this system of records to the
Office of Management and Budget and
to Congress.
SYSTEM NAME AND NUMBER:
DOT/FAA 811, ‘‘FAA Health
Information Records System.’’
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
1. Federal Aviation Administration,
Mike Monroney Aeronautical Center,
Civil Aerospace Medical Institute,
Occupational Health Clinic, 6500 S.
MacArthur Blvd., Building 13,
Oklahoma City, OK 73169.
2. Federal Aviation Administration,
800 Independence Avenue SW, Room
328, Building FOB10A, Washington, DC
20591.
SYSTEM MANAGER(S):
1. CAMI Occupational Health Clinic:
AAM–700 CAMI Clinic Manager,
Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 S.
MacArthur Blvd., Building 13,
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
54753
Oklahoma City, OK 73169; (405) 954–
3711.
2. DC Health Unit: AAM–200 Medical
Specialties Division Manager, Federal
Aviation Administration, 800
Independence Avenue SW, Room 328,
Building FOB10A, Washington, DC
20591; (202) 267–3535.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 7901.
PURPOSE(S) OF THE SYSTEM:
Records in this system of records are
maintained for a variety of purposes,
which include the following: Document
the health facility visit(s) and/or
emergency care provided, the nature of
complaint, physical examination
findings, treatment rendered, and case
disposition. Medical evaluation records
and participation status are maintained
about members of the public to
determine their eligibility to participate
in research or training programs at the
FAA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by this system
include federal employees, FAA
contractors, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information maintained includes
records of emergency care visits by
individuals at one of the FAA health
facility locations, as well as
participation status to determine
eligibility for engagement in training
and research programs at the FAA.
Categories of records could include
healthcare records such as medical
history, vaccination information, full
lists of medications and allergies,
chronic medical problems and surgical
history, medical examinations,
laboratory and radiology information,
hearing tests and spirometry tests for
non-occupational reasons, as well as
treatment plans, and participation status
for engagement in research and training
programs. PII elements include: full
name, SSN/patient ID, date of birth,
address, gender, company (if
contractor), work phone, and cell
phone.
RECORD SOURCE CATEGORIES:
Information contained in this system
comes from a variety of sources to
include the individuals to whom the
records pertain, FAA health facility
staff, federal and private sector medical
practitioners and treatment facilities
(including external providers and
consultants).
E:\FR\FM\07SEN1.SGM
07SEN1
54754
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to other disclosures,
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DOT as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
System Specific Routine Use
1. To external medical professionals
and independent entities, any patient
records required to support their
reviews for purposes of determining
medical quality assurance and safety of
FAA health facilities.
2. To private or other government
health care providers, portions of
patient records required for
consultation, referral, and continuity of
care or mission medical contingency
support.
3. To disclose information to a
Federal, state, or local agency to the
extent necessary to comply with laws
governing reporting of communicable
diseases.
4. To disclose to a requesting agency,
organization, or individual minimal
personal and health information
concerning those individuals who are
reasonably believed to have contracted
an illness or been exposed to or suffered
from a health hazard while visiting FAA
facilities.
Departmental Routine Uses
5. 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.
6. 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.
7. A record from this system of
records may be disclosed, as a routine
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
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.
8a. 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, in his/her
official capacity, or (c) Any employee of
DOT or any agency thereof, 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.
8b. 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 in his/her
official capacity, or (c) Any employee of
DOT or any agency thereof 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.
9. The information contained in this
system of records will be disclosed to
the Office of Management and Budget,
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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.
10. 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).
11. 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.
12. 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.
13. 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
E:\FR\FM\07SEN1.SGM
07SEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 172 / Wednesday, September 7, 2022 / Notices
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.
14a. 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.
14b. 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.
15. 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.
16. 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.
17. 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
VerDate Sep<11>2014
17:50 Sep 06, 2022
Jkt 256001
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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored in multiple
formats, including paper, digital,
micrographic, photographic, as well as
medical recordings, such as
electrocardiograph tapes, x-rays and
strip charts.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name,
SSN, patient ID and/or date of birth.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Emergency medical care related
health records and participation status
for engagement in research and training
programs are maintained according to
the following schedule: GRS 2.7
‘‘Employee Health and Safety Records,’’
Item 070, ‘‘Non-occupational Individual
medical case files,’’ which requires
records to be destroyed 10 years after
the most recent encounter. Medical
records for non-FAA employees visiting
the clinic to receive first aid or
emergency treatment are maintained
according to NARA, NCI–237–77–7 and
destroyed five years after treatment date.
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
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
54755
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.’’
NOTIFICATION PROCEDURE:
See ‘‘Record Access Procedures.’’
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
A full notice of this system of records,
DOT/FAA 811 Employee Health Record
System, 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. 2022–19182 Filed 9–6–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Timely Mailing Treated as
Timely Filing
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on continuing
information collections, as required by
the Paperwork Reduction Act of 1995.
The IRS is soliciting comments
concerning the timely mailing treated as
timely filing.
DATES: Written comments should be
received on or before November 7, 2022
to be assured of consideration.
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Include OMB control number 1545–
1899 or Timely Mailing Treated As
Timely Filing, in the subject line of the
message.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form should be directed to
SUMMARY:
E:\FR\FM\07SEN1.SGM
07SEN1
Agencies
[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54751-54755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19182]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. OST-2022-0074]
Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration, DOT/FAA 811, FAA Health Information Records
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 Department of
Transportation (DOT) proposes to rename, update, and reissue an
existing system of records notice currently titled DOT Federal Aviation
Administration (FAA) system of records DOT/FAA 811, ``Employee Health
Record System.'' This system of records notice (hereafter referred to
as ``Notice'') previously covered FAA employees only. FAA employee
occupational health care records and Health Awareness Program records
are currently covered under the Office of Personnel Management (OPM)/
Government (GOVT)--10 Employee Medical File System Records SORN (80 FR
74815--November 30, 2015). The updated Notice covers the FAA's
collection, use, and maintenance of non-occupational health records on
federal employees, as well as FAA contractors and members of the
public, such as students, interns and training and research
participants, who receive emergency medical services at either the
Civil Aerospace Medical Institute (CAMI) Occupational Health Clinic
located at the Mike Monroney Aeronautical Center (MMAC) in Oklahoma
City, OK, or the FAA Headquarters (HQ) Health Unit located in the HQ
building in Washington, DC. Additionally, it covers FAA's collection of
participation status (i.e., eligible, ineligible) on members of the
public who engage in research and training programs at the agency. Any
medical records collected in the course of these research or training
programs is outside the scope of this Notice. The data collected in the
system is a combination of health information and Personally
Identifiable Information (PII) which is used to provide proper medical
care and case management.
DATES: Written comments should be submitted on or before October 7,
2022. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be effective
October 7, 2022.
ADDRESSES: You may submit comments, identified by docket number OST-
2022-0074 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 Docket No. OST-2022-0074. 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 January 17, 2008 (73 FR 3316-3317), or you may visit https://www.transportation.gov/privacy.
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
202-366-3140.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice update includes substantive changes to system name,
system location, system manager, purpose, categories of individuals,
categories of records, record source categories, routine uses of
records maintained in the system, policies and practices for retrieval
of records, policies and practices for retention and disposal of
records, policies and practices for storage of records, and record
access procedures; and non-substantive changes to administrative,
technical and physical safeguards, contesting record procedures, and
notification procedures. Updates also include editorial changes to
simplify and clarify language, formatting, and text of the previously
published Notice, to align with the requirements of Office of
Management and Budget (OMB) Memoranda A-108, and to ensure consistency
with other Notices issued by the Department of Transportation.
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 modify a DOT system of records titled
[[Page 54752]]
DOT/FAA 811 ``Employee Health Record System.'' This system of records
notice applies to non-occupational health records the FAA collects and
maintains on federal employees, as well as FAA contractors, and members
of the public who receive emergency medical services. This notice also
applies to medical information concerning members of public's
eligibility to participate in research and training programs offered by
CAMI, and their participant status within those programs. Medical
information that CAMI maintains on these training and research
participants is the same medical evaluation information that it
maintains on those who visit the health centers for non-occupational
health reasons, except that these files also include documentation of
the individual's participant status in the relevant research or
training program. Any medical records collected as part of FAA's
research is outside the scope of this Notice. The health facilities
that provide in-person care are located at the Mike Monroney
Aeronautical Center (MMAC), Civil Aerospace Medicine Institute (CAMI in
Oklahoma City, OK and the FAA Headquarters (HQ), Room 328, Building
FOB10A, in Washington, DC The facility that provides medical
evaluations for purposes of determining eligibility for research and
training programs is the Mike Monroney Aeronautical Center (MMAC),
Civil Aerospace Medicine Institute (CAMI) in Oklahoma City, OK. The
data collected on individuals is detailed below in the Categories of
Records.
The following substantive changes have been made to the Notice:
1. System Name: This Notice updates the system name from DOT/FAA
811 ``Employee Health Record System,'' to DOT/FAA 811 ``FAA Health
Information Records System'' to describe more accurately the coverage
of health records specifically collected, used, and maintained on
federal employees, FAA contractors, and members of the public treated
at one of the two FAA health facilities.
2. System Location: This Notice updates the system locations to
specifically identify the addresses of the two FAA health facilities.
One is located at the FAA, Civil Aerospace Medical Institute,
Occupational Health Clinic, Mike Monroney Aeronautical Center, 6500 S
Macarthur Blvd., Oklahoma City, OK 73169, and the other at the FAA HQ,
800 Independence Avenue SW, Room 328, Building FOB10A, Washington, DC
20591. The previous Notice only mentioned the Washington location with
no specific address, and regional and center medical facilities. The
FAA's regional and center medical facilities only collect occupational
health records, which are covered by the Office of Personnel Management
(OPM)/Government (GOVT)-10 Employee Medical File System Records.
Because these regional and center medical facilities do not collect or
maintain non-occupational records, the references to these previous
locations are removed from this modified Notice.
3. System Manager: This Notice updates the system manager
information for the two FAA health facilities and adds telephone
numbers for each. The modified Notice removes the reference to Regional
Flight Surgeon as it no longer applies given collection of only
occupational health records in the regional and center medical
facilities, which is covered by the OPM/GOVT-10 Notice.
4. Purpose: This Notice updates the purpose section to reflect the
documentation of emergency care provided to federal employees, FAA
contractors, and members of the public. Additionally, there is
documentation of participation status of members of the public to
engage in research and training programs at the FAA. The previous
Notice reference of documenting the nature of the complaint or physical
examination findings, treatment rendered, and case disposition will
remain in this Notice while the preparation of analytical and
statistical studies and reports is removed as it no longer applies.
5. Categories of Individuals: The previously published Notice only
lists FAA employees as categories of individuals. However, the FAA
health facilities provide emergency care to federal employees, as well
as FAA contractors and members of the public, such as students,
interns, and training and research participants. This Notice updates
the categories of individuals to include these groups.
6. Categories of Records: This Notice updates the categories of
records information referenced in the previous Notice by identifying
data elements, to include PII such as: last name, social security
number (SSN)/patient identifier (ID), date of birth (DOB), gender,
company (if contractor), work phone and cell phone. The previous Notice
listed broad categories of PII and health records; therefore, to ensure
greater transparency, these changes provide more specificity to these
categories and data elements collected and maintained by the FAA.
7. Records Source: This Notice updates the records source
categories to reflect that the FAA collects data from non-FAA federal
employees (i.e., Department of Defense and DOT personnel), FAA
contractors and members of the public, as well as FAA health facility
staff, federal and private sector medical practitioners and treatment
facilities (including external providers and consultants).
8. Routine Use: This Notice updates the routine uses to include the
Department of Transportation's general routine uses applicable to this
Notice as they were previously only incorporated by reference. The
Office of Management and Budget (OMB) Memorandum 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 811 that referenced
the ``Statement of General Routine Uses'' with all of the general
routine uses that apply to this system of records. Additionally, there
are new system specific routine uses being added to this Notice. Each
new external sharing of medical information is compatible with the
purpose of providing the best care to those individuals needing it at
the respective FAA facilities. The CAMI Health Clinic, specifically,
expects to receive accreditation regarding its quality of care and will
share information on appropriate patient records with assessors for
this purpose. Specific portions of patient records will be shared with
appropriate external providers to ensure their continuity of care.
Patient consent to share their information cannot always be obtained in
a timely manner, especially if incapacitated, so it is necessary to
authorize sharing with external providers as needed. And, finally, in
the interest of public health, any information related to communicable
diseases at FAA facilities will be shared with relevant federal, state
and local health authorities. Only personal information specific to the
sharing will be exchanged with external sources. The new routine uses
are as follows:
a. To external medical professionals and independent entities, any
patient records required to support their reviews for purposes of
determining medical quality assurance and safety of FAA health
facilities.
b. To private or other government health care providers, portions
of patient records required for consultation, referral, and continuity
of care or medical contingency support.
c. To disclose information to a Federal, state, or local agency to
the extent necessary to comply with laws governing reporting of
communicable diseases.
[[Page 54753]]
d. To disclose to a requesting agency, organization, or individual
minimal personal and health information concerning those individuals
who are reasonably believed to have contracted an illness or been
exposed to or suffered from a health hazard while visiting FAA
facilities.
9. Records Storage: This Notice updates the policies and practices
for the storage of records to reflect that records previously
referenced in the Notice as stored in security files and containers,
and in computer databases, are now also stored in micrographic,
photographic, as well as medical recordings, such as electrocardiograph
tapes, x-rays and strip charts.
10. Records Retrieval: This Notice updates the policies and
practices for the retrieval of records to reflect that individual
medical history records are retrieved by name, patient ID and date of
birth.
11. Retention and Disposal: This Notice updates the policies and
practices for retention and disposal of records section to add the
following schedules: National Archives and Records Administration
(NARA) General Records Schedule (GRS) 2.7, ``Employee Health and Safety
Records,'' Item 070, ``Non-occupational Individual medical case
files,'' which requires records to be destroyed 10 years after the most
recent encounter. In addition, the previous Notice stipulated that
federal employee health records would be destroyed six years after last
entry; this requirement is removed from this modified Notice because
the records are now maintained for ten years as referenced above. NARA,
NCI-237-77-7, ``Environmental Health Record,'' Item 6, Medical Records
for non-FAA employees which are destroyed five years after treatment
date.
12. Records 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. The FAA has
determined that the sensitivity of the health information maintained in
this system of records warrants this additional identity requirement.
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 align
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 rather than the ``System Manager.''
15. Notifications: This Notice updates the notification procedures
to refer the reader to the record access procedures section rather than
the ``System Manager.''
II. Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
DOT/FAA 811, ``FAA Health Information Records System.''
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
1. Federal Aviation Administration, Mike Monroney Aeronautical
Center, Civil Aerospace Medical Institute, Occupational Health Clinic,
6500 S. MacArthur Blvd., Building 13, Oklahoma City, OK 73169.
2. Federal Aviation Administration, 800 Independence Avenue SW,
Room 328, Building FOB10A, Washington, DC 20591.
SYSTEM MANAGER(S):
1. CAMI Occupational Health Clinic: AAM-700 CAMI Clinic Manager,
Federal Aviation Administration, Mike Monroney Aeronautical Center,
6500 S. MacArthur Blvd., Building 13, Oklahoma City, OK 73169; (405)
954-3711.
2. DC Health Unit: AAM-200 Medical Specialties Division Manager,
Federal Aviation Administration, 800 Independence Avenue SW, Room 328,
Building FOB10A, Washington, DC 20591; (202) 267-3535.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 7901.
PURPOSE(S) OF THE SYSTEM:
Records in this system of records are maintained for a variety of
purposes, which include the following: Document the health facility
visit(s) and/or emergency care provided, the nature of complaint,
physical examination findings, treatment rendered, and case
disposition. Medical evaluation records and participation status are
maintained about members of the public to determine their eligibility
to participate in research or training programs at the FAA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include federal employees, FAA
contractors, and members of the public.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information maintained includes records of emergency care visits by
individuals at one of the FAA health facility locations, as well as
participation status to determine eligibility for engagement in
training and research programs at the FAA. Categories of records could
include healthcare records such as medical history, vaccination
information, full lists of medications and allergies, chronic medical
problems and surgical history, medical examinations, laboratory and
radiology information, hearing tests and spirometry tests for non-
occupational reasons, as well as treatment plans, and participation
status for engagement in research and training programs. PII elements
include: full name, SSN/patient ID, date of birth, address, gender,
company (if contractor), work phone, and cell phone.
RECORD SOURCE CATEGORIES:
Information contained in this system comes from a variety of
sources to include the individuals to whom the records pertain, FAA
health facility staff, federal and private sector medical practitioners
and treatment facilities (including external providers and
consultants).
[[Page 54754]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to other disclosures, generally permitted under 5
U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Use
1. To external medical professionals and independent entities, any
patient records required to support their reviews for purposes of
determining medical quality assurance and safety of FAA health
facilities.
2. To private or other government health care providers, portions
of patient records required for consultation, referral, and continuity
of care or mission medical contingency support.
3. To disclose information to a Federal, state, or local agency to
the extent necessary to comply with laws governing reporting of
communicable diseases.
4. To disclose to a requesting agency, organization, or individual
minimal personal and health information concerning those individuals
who are reasonably believed to have contracted an illness or been
exposed to or suffered from a health hazard while visiting FAA
facilities.
Departmental Routine Uses
5. 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.
6. 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.
7. 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.
8a. 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, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, 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.
8b. 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 in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof 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.
9. 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.
10. 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).
11. 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.
12. 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.
13. 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
[[Page 54755]]
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.
14a. 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.
14b. 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.
15. 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.
16. 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.
17. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in multiple formats, including paper, digital,
micrographic, photographic, as well as medical recordings, such as
electrocardiograph tapes, x-rays and strip charts.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, SSN, patient ID and/or date of
birth.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Emergency medical care related health records and participation
status for engagement in research and training programs are maintained
according to the following schedule: GRS 2.7 ``Employee Health and
Safety Records,'' Item 070, ``Non-occupational Individual medical case
files,'' which requires records to be destroyed 10 years after the most
recent encounter. Medical records for non-FAA employees visiting the
clinic to receive first aid or emergency treatment are maintained
according to NARA, NCI-237-77-7 and destroyed five years after
treatment date.
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 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.''
NOTIFICATION PROCEDURE:
See ``Record Access Procedures.''
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
A full notice of this system of records, DOT/FAA 811 Employee
Health Record System, 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. 2022-19182 Filed 9-6-22; 8:45 am]
BILLING CODE P