Privacy Act of 1974; System of Records, 73070-73075 [2023-23421]
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Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices
• Fax: 202–493–2251.
Instructions: All submissions must
include the agency name and docket
number. Note that all written
submissions received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act discussion below.
We will consider all written
submissions received before the close of
business on Monday, December 4, 2023.
Docket: For access to the docket to
read background documents or written
submissions received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:
202–366–9826.
Privacy Act: In accordance with 49
U.S.C. 30118(b)(1), NHTSA will make a
final decision only after providing an
opportunity for manufacturers and any
interested person to present
information, views, and arguments.
DOT posts written submissions
submitted by manufacturers and
interested persons, without edit,
including any personal information the
submitter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 Federal Docket Management System
(FDMS)), which can be reviewed at
www.transportation.gov/privacy.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
must submit your request directly to
NHTSA’s Office of the Chief Counsel.
Requests for confidentiality are
governed by 49 CFR part 512. NHTSA
is currently treating electronic
submission as an acceptable method for
submitting confidential business
information (CBI) to the agency under
part 512. If you would like to submit a
request for confidential treatment, you
may email your submission to Ashley
Simpson in the Office of the Chief
Counsel at Ashley.Simpson@dot.gov or
you may contact her for a secure file
transfer link. At this time, you should
not send a duplicate hardcopy of your
electronic CBI submissions to DOT
headquarters. If 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
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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 redacted the claimed
confidential business information, to the
Docket at the address given above.
FOR FURTHER INFORMATION CONTACT:
Ashley Simpson, Office of the Chief
Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
(202) 366–8726.
SUPPLEMENTARY INFORMATION: On
September 5, 2023, NHTSA issued an
Initial Decision That Certain Frontal
Driver and Passenger Air Bag Inflators
Manufactured by ARC Automotive Inc.
and Delphi Automotive Systems LLC
Contain a Safety Defect pursuant to 49
U.S.C. 30118(a) and 49 CFR 554.10. 88
FR 62140 (Sept. 8, 2023). More
specifically, NHTSA initially
determined that certain air bag inflators
manufactured by ARC Automotive Inc.
(ARC) and Delphi Automotive Systems
LLC (Delphi) through January 2018 may
rupture when the vehicle’s air bag is
commanded to deploy, causing metal
debris to be forcefully ejected into the
passenger compartment of the vehicle,
and that these rupturing air bag inflators
pose an unreasonable risk of serious
injury or death to vehicle occupants. In
accordance with 49 U.S.C. 30118(b)(1)
and 49 CFR 554.10(c)(4), the Initial
Decision provided manufacturers and
any interested person an opportunity to
present information, views, and
arguments in response to the Initial
Decision at a public meeting and/or by
submitting written information to the
Agency. The Initial Decision scheduled
the public meeting for October 5, 2023
and set a deadline for written
submissions of October 20, 2023. At the
October 5 public meeting, NHTSA
announced that it was granting a request
to extend the written submission date to
December 4, 2023.
Written Submission Deadline Extension
Request
On September 22, 2023, NHTSA
received a joint request from 13
manufacturers asking NHTSA to extend
the period for written submissions by 45
days. The requestors noted the
significant size of the investigative file
to which they, along with other affected
manufacturers, were provided access.1
1 The invesigative file for this matter contains a
significant amount of confidential business
information. Manufacturers with potential legal
obligations under the Vehicle Safety Act and
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The requestors claimed that, in order to
meaningfully respond to the Initial
Decision, they needed more time to
adequately review the information in
the investigative file. A copy of the
extension request and NHTSA’s
response will be added to the public
docket.
Extension of Written Submission
Deadline
After consideration of the request,
NHTSA acknowledged the significant
size of the investigative file. To ensure
there is sufficient opportunity to present
information, views, and arguments in
response to the Initial Decision, NHTSA
has granted the requested 45-day
extension of the deadline to provide
written submissions. The prior deadline
of October 20, 2023 has been extended,
and written submissions from any
interested person are now due before
the close of business on December 4,
2023.
Authority: 49 U.S.C. 30118(a), (b); 49
CFR 554.10; delegations of authority at
49 CFR 1.50(a) and 49 CFR 501.8.
Cem Hatipoglu,
Acting Associate Administrator for
Enforcement.
[FR Doc. 2023–23474 Filed 10–23–23; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST 2023–0067]
Privacy Act of 1974; System of
Records
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Transportation (DOT) proposes to
establish a new system of records
(hereafter referred to as ‘‘Notice’’) titled,
‘‘Department of Transportation, Federal
Aviation Administration DOT/FAA 857
Accidents, Incidents and
Investigations.’’ This system of records
supports the FAA’s mission of aviation
safety by investigating and sharing
accident and incident information with
stakeholders, including the National
Transportation Safety Board (NTSB).
The information maintained in this
system includes several kinds of records
SUMMARY:
NHTSA regulations that could result from any
recall order issued by NHTSA were provided a nonpublic investigative file.
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Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices
such as toxicology reports, autopsy
reports, incident and accident reports
(including small Unmanned Aircraft
System (small UAS) accident reports),
maintenance records, responses to
regulatory and statutory noncompliance determinations, data request
logs, medical case reviews, and other
records that support FAA accidents,
incidents and investigations. Other
information included are toxicology
records regarding investigations of
accidents or incidents for other modes
of transportation and special requests
from transportation entities from foreign
governments.
DATES: Submit comments on or before
November 24, 2023. The Department
may publish an amended Systems of
Records Notice considering any
comments received. This new system
will be effective immediately upon
publication. The routine uses will be
effective November 24, 2023.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2023–0067 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–2023–0067. 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.).
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, Departmental Chief Privacy
Officer, Privacy Office, Department of
Transportation, Washington, DC 20590;
privacy@dot.gov; or 202–366–3140.
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SUPPLEMENTARY INFORMATION:
Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, DOT proposes to
issue a new system of records notice
titled, ‘‘DOT/FAA 857 Accidents,
Incidents and Investigations.’’ Records
covered by this Notice were previously
covered under DOT/FAA 847, Aviation
Records on Individuals, 75 FR 68849,
November 9, 2010. To provide the
public with greater transparency and
accountability to its business processes
and data collection, FAA created this
new Notice to group records more
precisely and consolidate records with
similar purposes, authorities, categories
of individuals, categories of records,
records sources, and retention
timeframes. This system of records
covers all facets of aviation accidents,
incidents and other accidents or
incidents-related investigations with
stakeholders.
Accidents and Incidents Investigations
An accident is an occurrence
associated with the operation of an
aircraft which takes place between the
time any person boards the aircraft with
the intention of flight and until such
time as all such persons have
disembarked, and in which any person
suffers death or serious injury, or in
which the aircraft receives substantial
damage. Incidents are events that do not
meet aircraft damage or personal injury
thresholds contained in the National
Transportation Safety Board (NTSB).
When a civil aviation accident or
incident occurs, the FAA conducts an
investigation at the site of the accident
or incident. Information collected by the
FAA during the investigation is entered
into FAA Form 8020–23, FAA
Accident/Incident Report, and that
information is exchanged as needed
with FAA systems in order to determine
if a particular airman was involved in a
prior accident or incident, to further
investigate aircraft parts safety and
provide analysis to address safety issues
regarding aircraft. Concurrently, the
FAA provides a specimen collection kit
to a medical examiner or coroner to
collect autopsy specimen(s) from
deceased airmen or non-airmen
involved in the accident or incident.
The medical examiner or coroner sends
the collected autopsy specimens or
samples to AAM–610 for them to
perform a toxicological analysis. In
addition, the FAA occasionally
performs toxicology studies on living
individuals to be tested directly by the
FAA. Also, the FAA also has authority
to conduct accident and incident
investigations pertaining to commercial
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space. While most records related to
commercial space investigations pertain
to business entities rather than
individuals, the FAA could perform
toxicology studies on individuals
involved in commercial space accidents
or incidents. Finally, at times, the NTSB
or other foreign or domestic government
entities provide the FAA samples from
individuals involved in aviation or nonaviation transportation accidents or
incidents. The toxicological analysis
determines the presences of toxic gases,
alcohol, and/or drugs in fluids and
tissues of individuals involved in the
accident or incident, and FAA uses the
results of the toxicological analysis to
make a determination of medical factors
involved in the accident or incident. Or,
if the toxicology analysis was performed
on behalf of another entity, the FAA
provides the toxicology results and
other information pertaining to the
toxicology analysis to the requesting
entity. With respect to aviation
accidents, the NTSB is responsible for
conducting investigation to determine
the probable cause of transportation
accidents or incidents. This Notice does
not cover the NTSB investigation.
This system of records covers
certificated airmen, including remote
pilots in command (remote PICs), noncertified individuals and non-airmen.
Certificated airmen may include certain
designees, check airmen, pilots,
mechanics, and remote pilots. Remote
PICs are those who operate small UAS
and are subject to accident reporting
required under 14 CFR part 107. Noncertified individuals may include
individuals who may have been in
control of the aircraft at the time of the
accident. Non-airmen may include
individuals involved in transportation
accidents or incidents involving other
modes of transportation, including
commercial space.
The system of records maintains
records such as toxicology reports,
autopsy reports, accident and incident
reports (including small UAS accident
reports required under 14 CFR part 107),
aircraft maintenance records,
engineering analyses, responses to
regulatory and statutory noncompliance determinations, data request
logs, medical case reviews, witness
statements, and other records that
support FAA accidents, incidents and
investigations.
This system maintains records about
individuals which may include: names,
dates of birth, social security number,
driver license number, contact
information (email address, phone
number, home/business address),
accident location (city/state/zip code),
small UAS accident report reference
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number, small UAS Registration Service
(sUASRS) registration number, airman/
remote pilot certificate number, NTSB
investigation number, federal tracking
number (FTN), and medical examiner
case number. Records created or
compiled for investigative purposes are
exempted from certain access and
disclosure requirements of the Privacy
Act of 1974, pursuant to 5 U.S.C.
552a(k)(2).1
DOT has included both system
specific and departmental general
routine uses, as they align with the
purpose of this system of records to
support the FAA’s mission of aviation
safety. As recognized by the Office of
Management and Budget (OMB) in its
Privacy Act Implementation Guidance
and Responsibilities (65 FR 19746 (July
9, 1975)), the routine uses include
proper and necessary uses of
information in the system, even if such
uses occur infrequently. The system
specific routine uses include the
following:
1. To users of FAA’s Skywatch
system, including the Department of
Defense (DoD), the Department of
Homeland Security (DHS), the
Department of Justice (DOJ) and other
authorized government users,
information on airman, aircraft and
operator records available for their use
in managing, tracking and reporting
aviation-related security events.
2. To the NTSB investigators and
medical officers who use the data in
their efforts to determine the cause of
transportation accidents and incidents.
3. To Medical Examiners or Coroners
who use FAA toxicology results in their
medical examiner’s report.
4. To Federal, State, local and Tribal
law enforcement and security agencies,
information about airmen, when
engaged in an official investigation or
security threat assessment in which
airmen are involved, or which affect the
safety of transportation or national
security.
5. To Federal, State, local, Tribal, and
foreign government agencies who use
toxicology services provided by the
FAA, information pertaining to the
toxicology study requested by the
agency.
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
1 eCFR:
43 CFR part 2 subpart K—Privacy Act.
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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)
857 Accidents, Incidents and
Investigations.
SECURITY CLASSIFICATION:
Sensitive, unclassified
SYSTEM LOCATION:
(1) Toxicology/Autopsy records: Civil
Aerospace Medical Institute, Mike
Monroney Aeronautical Center, 6500 S.
MacArthur Blvd., Oklahoma City,
Oklahoma 73169;
(2) Air Traffic Organization
Application Portal (AAP) records:
William J. Hughes Technical Center in
Atlantic City, New Jersey;
(3) Accident/Incident records: Airmen
Records Building, Enterprise Data
Center, Mike Monroney Aeronautical
Center, 6500 S. MacArthur, Oklahoma
City, Oklahoma 73169;
(4) Small UAS records: Amazon Web
Services US East/West Public Cloud;
(5) Future Flight Services Program:
43881 Devin Shafron Drive Suite 150
Ashburn, VA 20147 and 5300 Alliance
Gateway Freeway Suite 500 Fort Worth,
TX 76177; and
(6) Operational and Supportability
Implementation System: Twenty-five
sites that include: FAA Support
Facilities Washington, DC 20024 and
Anchorage, AK, Flight Service Stations
(FSSs) various locations, Second Level
Support Facilities Egg Harbor
Township, NJ 08405 and Oklahoma
City, OK 73169 and Vendor Support
Facilities, Melbourne FL 32902.
SYSTEM MANAGER(S):
(1) Toxicology/Autopsy records:
Manager, Office of Aerospace Medicine
(AAM)-610, Bioaeronautical Sciences
Research Branch, Mike Monroney
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Aeronautical Center, 6500 S. MacArthur
Blvd., Oklahoma City, OK 73169.
Contact information for system manager
is 9-AVS-AAM612-kmrt-service@
faa.gov.
(2) Air Traffic Organization
Application Portal (AAP) records:
William J. Hughes Technical Center in
Atlantic City, New Jersey. Contact
information for system manager is
available at https://www.faa.gov/about/
office_org/field_offices/fsdo/.
(3) Accident/Incident records:
Manager, Enterprise Data Center,
Airmen Records Building, Mike
Monroney Aeronautical Center, 6500 S.
MacArthur Blvd., Oklahoma City, OK
73169, contact information for system
manager is available at https://
www.faa.gov/about/office_org/field_
offices/fsdo/.
(4) Small UAS records: Manager,
Amazon Web Services US East/West
Public Cloud. Contact information for
system manager is UAShelp@faa.gov.
(5) Future Flight Services Program:
Manager, AJR–B2 In-Service Manager,
950 L’Enfant Plaza SW, Washington, DC
20024. Contact information for system
manager is 202–267–6447.
(6) Operational and Supportability
Implementation System: Manager, AJR–
B2 In-Service Manager, 950 L’Enfant
Plaza SW, Washington, DC 20024.
Contact information for system manager
is 202–267–6447.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 40101, 40113, 44701, 44703,
45101–106, 51 U.S.C. 50917.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to support the FAA’s mission of
aviation safety by collecting,
maintaining and sharing information
related to aviation accidents, incidents
and other investigations with
stakeholders in order to facilitate riskbased decision making to reduce
accidents.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains information on
certificated airmen including remote
PICs; non-certificated individuals; and
non-airmen involved in transportation
incidents and/or accidents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
consist of reports specific to aviation
accidents and incidents; other
transportation-related accidents and
incidents; and small UAS accidents
which includes the following: names;
dates of birth; social security number;
driver license number; airmen
certification number; contact
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information (email address, phone
numbers, and home/business address);
aircraft registration number; aircraft tail
number; calls sign; sUASRS registration
number; unique accident report
reference number; locations of accident
(including but not limited to city, state,
and zip code); certificate/license issue;
rating types; dates and types of pilot
training received in the last 24 months;
dates hired (air carrier only); airman
medical history (airman medical
information, airman medications, and
airman self-reported pathologies); NTSB
investigation number; FTN; case
tracking number (including NTSB
identity numbers); medical examiner
case number; medical information of
individuals (contained in autopsy,
hospital, or toxicology reports); photos
of accident scenes; witness statements;
physical specimens/remains (received
in toxicology kits); medical findings
from reports; medical certification
examinations and medical examiner
(license or certification) numbers.
RECORD SOURCE CATEGORIES:
Sources of records include:
certificated airmen including remote
PICs; non-certificated individuals; nonairmen; small UAS operators; crew
members; passengers; persons on the
ground and witnesses; FAA employees
and contractors; first responders;
Federal/State/local/Tribal law
enforcement officials; NTSB employees;
and medical professionals (including
pathologists, medical examiners,
physicians and laboratory specialists).
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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 those disclosures
generally permitted 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 of DOT
FAA as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
System Specific Routine Uses:
1. To users of FAA’s Skywatch
system, including the Department of
Defense (DoD), the Department of
Homeland Security (DHS), the
Department of Justice (DOJ) and other
authorized government users,
information on airman, aircraft and
operator records available for their use
in managing, tracking and reporting
aviation-related security events.
2. To the NTSB investigators and
NTSB medical officers who use the data
in their efforts to determine the cause of
transportation accidents and incidents.
3. To Medical Examiners or Coroners
who use FAA toxicology results in their
medical examiner’s report.
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4. To Federal, State, local and Tribal
law enforcement and security agencies,
information about airmen, when
engaged in an official investigation or
security threat assessment in which
airmen are involved, or which affect the
safety of transportation or national
security.
5. To Federal, State, local, Tribal, and
foreign government agencies who use
toxicology services provided by the
FAA, information pertaining to the
toxicology study requested by the
agency.
Departmental Routine Uses:
6. 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.
7. 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.
8. 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.
9a. 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
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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.
9b. 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.
10. 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.
11. 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
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limitations apply to records requested
for Congressional oversight or legislative
purposes; release is authorized under 49
CFR 10.35(9).
12. 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.
13. 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.
14. 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.
15a. 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
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(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.
15b. 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.
16. 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.
17. 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.
18. 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.
19. 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
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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:
Records are stored in a hard copy
format and electronically in databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are primarily retrieved by
personal identifiers, such as names,
social security number, airman/remote
pilot certificate number, driver license
number, FTN, case number, reference
number or accident/incident location.
POLICIES AND PRACTICE FOR RETENTION AND
DISPOSAL OF RECORDS:
The FAA has developed new records
retention and disposition schedules for
Accident and Incident Investigation
Reports and UAS Accident Reporting.
The new records retention and
disposition schedules are pending
approval of National Archives and
Records Administration, and FAA will
maintain the records indefinitely until
NARA’s approval. FAA is proposing to
maintain the Accident and Incident
Investigation Report records until pilot
is deceased or has reached 99 years of
age. UAS Accident Reporting records
will be destroyed 3 years after a case is
completed and closed.
For Toxicology Reports and Autopsy
Records, the FAA is developing a new
records retention schedule. The
proposed schedule will include hard
copy file destruction 5 years after cut off
with all electronic file destruction 50
years after cut off. These electronic
toxicology records must be maintained
for 50 years so that the FAA can
conduct research and trend analysis
studies. All records will be maintained
indefinitely until NARA approves the
new retention schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT FAA automated
systems security and access policies.
Strict controls have been imposed to
minimize the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
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RECORD ACCESS PROCEDURES:
FOR FURTHER INFORMATION CONTACT:
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.
OFAC: Bradley Smith, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
CONTESTING RECORDS PROCEDURES:
‘‘Record Access Procedures’’ above.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
Records created or compiled for
investigatory purposes are exempted
from certain access and disclosure
requirements of the Privacy Act of 1974,
pursuant to 5 U.S.C. 552a(k)(2).2
HISTORY:
None.
Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2023–23421 Filed 10–23–23; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing updates to
the identifying information of one
person currently included in OFAC’s
Specially Designated Nationals and
Blocked Persons List (SDN List).
DATES: See SUPPLEMENTARY INFORMATION
section for effective date(s).
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
2 eCFR:
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
AGENCY:
ACTION:
Notice.
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons and vessels that
have been placed on OFAC’s Specially
Designated Nationals and Blocked
Persons List (SDN List) based on
OFAC’s determination that one or more
applicable legal criteria were satisfied.
All property and interests in property
subject to U.S. jurisdiction of these
persons are blocked, and U.S. persons
are generally prohibited from engaging
in transactions with them. The vessel
placed on the SDN List has been
identified as property in which a
blocked person has an interest. OFAC is
also updating one or more other SDN
Update entries.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://ofac.treasury.gov).
Notice of OFAC Actions
On October 18, 2023, OFAC updated
the entry on the SDN List for the
following person, whose property and
interests in property subject to U.S.
jurisdiction continue to be blocked
under the relevant sanctions authority
listed below.
Individual
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
1. CAMARA, Sadio, Bamako, Mali;
Malibougou, Kati, Koulikoro, Mali; DOB 22
Mar 1979; POB Kati, Koulikoro, Mali;
nationality Mali; citizen Mali; alt. citizen
France; Gender Male; Passport DA0004031
(Mali) expires 15 Oct 2015 (individual)
[RUSSIA–EO14024] (Linked To: PRIVATE
MILITARY COMPANY ‘WAGNER’).
—to—
CAMARA, Sadio, Bamako, Mali;
Malibougou, Kati, Koulikoro, Mali; DOB 22
Mar 1979; POB Kati, Koulikoro, Mali;
nationality Mali; citizen Mali; Gender Male;
Passport DA0004031 (Mali) expires 15 Oct
2015 (individual) [RUSSIA–EO14024]
(Linked To: PRIVATE MILITARY COMPANY
‘WAGNER’).
Designated pursuant to section 1(a)(vi) of
Executive Order 14024 of April 15, 2021,
‘‘Blocking Property With Respect To
Specified Harmful Foreign Activities of the
Government of the Russian Federation,’’ 86
FR 20249, 3 CFR, 2021 Comp., p. 542 (Apr.
15, 2021) (E.O. 14024) for having materially
assisted, sponsored, or provided financial,
material, or technological support for, or
goods or services to or in support of, Private
Military Company ‘WAGNER’ (Wagner) a
person whose property and interests in
property are blocked pursuant to E.O. 14024.
Dated: October 18, 2023.
Bradley T. Smith,
Director, Office of Foreign Assets Control,
U.S. Department of the Treasury.
See SUPPLEMENTARY INFORMATION
section for applicable date(s).
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Bradley T. Smith, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Actions
On October 18, 2023, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authorities listed below.
BILLING CODE 4810–AL–P
[FR Doc. 2023–23408 Filed 10–23–23; 8:45 am]
BILLING CODE 4810–AL–P
43 CFR part 2 subpart K—Privacy Act.
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]]>Agencies
[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73070-73075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23421]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST 2023-0067]
Privacy Act of 1974; System of Records
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT) proposes to establish a new system of records
(hereafter referred to as ``Notice'') titled, ``Department of
Transportation, Federal Aviation Administration DOT/FAA 857 Accidents,
Incidents and Investigations.'' This system of records supports the
FAA's mission of aviation safety by investigating and sharing accident
and incident information with stakeholders, including the National
Transportation Safety Board (NTSB). The information maintained in this
system includes several kinds of records
[[Page 73071]]
such as toxicology reports, autopsy reports, incident and accident
reports (including small Unmanned Aircraft System (small UAS) accident
reports), maintenance records, responses to regulatory and statutory
non-compliance determinations, data request logs, medical case reviews,
and other records that support FAA accidents, incidents and
investigations. Other information included are toxicology records
regarding investigations of accidents or incidents for other modes of
transportation and special requests from transportation entities from
foreign governments.
DATES: Submit comments on or before November 24, 2023. The Department
may publish an amended Systems of Records Notice considering any
comments received. This new system will be effective immediately upon
publication. The routine uses will be effective November 24, 2023.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2023-0067 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-2023-0067. 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.).
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, Departmental Chief Privacy Officer, Privacy Office, Department
of Transportation, Washington, DC 20590; [email protected]; or 202-366-
3140.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DOT
proposes to issue a new system of records notice titled, ``DOT/FAA 857
Accidents, Incidents and Investigations.'' Records covered by this
Notice were previously covered under DOT/FAA 847, Aviation Records on
Individuals, 75 FR 68849, November 9, 2010. To provide the public with
greater transparency and accountability to its business processes and
data collection, FAA created this new Notice to group records more
precisely and consolidate records with similar purposes, authorities,
categories of individuals, categories of records, records sources, and
retention timeframes. This system of records covers all facets of
aviation accidents, incidents and other accidents or incidents-related
investigations with stakeholders.
Accidents and Incidents Investigations
An accident is an occurrence associated with the operation of an
aircraft which takes place between the time any person boards the
aircraft with the intention of flight and until such time as all such
persons have disembarked, and in which any person suffers death or
serious injury, or in which the aircraft receives substantial damage.
Incidents are events that do not meet aircraft damage or personal
injury thresholds contained in the National Transportation Safety Board
(NTSB). When a civil aviation accident or incident occurs, the FAA
conducts an investigation at the site of the accident or incident.
Information collected by the FAA during the investigation is entered
into FAA Form 8020-23, FAA Accident/Incident Report, and that
information is exchanged as needed with FAA systems in order to
determine if a particular airman was involved in a prior accident or
incident, to further investigate aircraft parts safety and provide
analysis to address safety issues regarding aircraft. Concurrently, the
FAA provides a specimen collection kit to a medical examiner or coroner
to collect autopsy specimen(s) from deceased airmen or non-airmen
involved in the accident or incident. The medical examiner or coroner
sends the collected autopsy specimens or samples to AAM-610 for them to
perform a toxicological analysis. In addition, the FAA occasionally
performs toxicology studies on living individuals to be tested directly
by the FAA. Also, the FAA also has authority to conduct accident and
incident investigations pertaining to commercial space. While most
records related to commercial space investigations pertain to business
entities rather than individuals, the FAA could perform toxicology
studies on individuals involved in commercial space accidents or
incidents. Finally, at times, the NTSB or other foreign or domestic
government entities provide the FAA samples from individuals involved
in aviation or non-aviation transportation accidents or incidents. The
toxicological analysis determines the presences of toxic gases,
alcohol, and/or drugs in fluids and tissues of individuals involved in
the accident or incident, and FAA uses the results of the toxicological
analysis to make a determination of medical factors involved in the
accident or incident. Or, if the toxicology analysis was performed on
behalf of another entity, the FAA provides the toxicology results and
other information pertaining to the toxicology analysis to the
requesting entity. With respect to aviation accidents, the NTSB is
responsible for conducting investigation to determine the probable
cause of transportation accidents or incidents. This Notice does not
cover the NTSB investigation.
This system of records covers certificated airmen, including remote
pilots in command (remote PICs), non-certified individuals and non-
airmen. Certificated airmen may include certain designees, check
airmen, pilots, mechanics, and remote pilots. Remote PICs are those who
operate small UAS and are subject to accident reporting required under
14 CFR part 107. Non-certified individuals may include individuals who
may have been in control of the aircraft at the time of the accident.
Non-airmen may include individuals involved in transportation accidents
or incidents involving other modes of transportation, including
commercial space.
The system of records maintains records such as toxicology reports,
autopsy reports, accident and incident reports (including small UAS
accident reports required under 14 CFR part 107), aircraft maintenance
records, engineering analyses, responses to regulatory and statutory
non-compliance determinations, data request logs, medical case reviews,
witness statements, and other records that support FAA accidents,
incidents and investigations.
This system maintains records about individuals which may include:
names, dates of birth, social security number, driver license number,
contact information (email address, phone number, home/business
address), accident location (city/state/zip code), small UAS accident
report reference
[[Page 73072]]
number, small UAS Registration Service (sUASRS) registration number,
airman/remote pilot certificate number, NTSB investigation number,
federal tracking number (FTN), and medical examiner case number.
Records created or compiled for investigative purposes are exempted
from certain access and disclosure requirements of the Privacy Act of
1974, pursuant to 5 U.S.C. 552a(k)(2).\1\
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\1\ eCFR: 43 CFR part 2 subpart K--Privacy Act.
---------------------------------------------------------------------------
DOT has included both system specific and departmental general
routine uses, as they align with the purpose of this system of records
to support the FAA's mission of aviation safety. As recognized by the
Office of Management and Budget (OMB) in its Privacy Act Implementation
Guidance and Responsibilities (65 FR 19746 (July 9, 1975)), the routine
uses include proper and necessary uses of information in the system,
even if such uses occur infrequently. The system specific routine uses
include the following:
1. To users of FAA's Skywatch system, including the Department of
Defense (DoD), the Department of Homeland Security (DHS), the
Department of Justice (DOJ) and other authorized government users,
information on airman, aircraft and operator records available for
their use in managing, tracking and reporting aviation-related security
events.
2. To the NTSB investigators and medical officers who use the data
in their efforts to determine the cause of transportation accidents and
incidents.
3. To Medical Examiners or Coroners who use FAA toxicology results
in their medical examiner's report.
4. To Federal, State, local and Tribal law enforcement and security
agencies, information about airmen, when engaged in an official
investigation or security threat assessment in which airmen are
involved, or which affect the safety of transportation or national
security.
5. To Federal, State, local, Tribal, and foreign government
agencies who use toxicology services provided by the FAA, information
pertaining to the toxicology study requested by the agency.
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) 857 Accidents, Incidents and Investigations.
SECURITY CLASSIFICATION:
Sensitive, unclassified
SYSTEM LOCATION:
(1) Toxicology/Autopsy records: Civil Aerospace Medical Institute,
Mike Monroney Aeronautical Center, 6500 S. MacArthur Blvd., Oklahoma
City, Oklahoma 73169;
(2) Air Traffic Organization Application Portal (AAP) records:
William J. Hughes Technical Center in Atlantic City, New Jersey;
(3) Accident/Incident records: Airmen Records Building, Enterprise
Data Center, Mike Monroney Aeronautical Center, 6500 S. MacArthur,
Oklahoma City, Oklahoma 73169;
(4) Small UAS records: Amazon Web Services US East/West Public
Cloud;
(5) Future Flight Services Program: 43881 Devin Shafron Drive Suite
150 Ashburn, VA 20147 and 5300 Alliance Gateway Freeway Suite 500 Fort
Worth, TX 76177; and
(6) Operational and Supportability Implementation System: Twenty-
five sites that include: FAA Support Facilities Washington, DC 20024
and Anchorage, AK, Flight Service Stations (FSSs) various locations,
Second Level Support Facilities Egg Harbor Township, NJ 08405 and
Oklahoma City, OK 73169 and Vendor Support Facilities, Melbourne FL
32902.
SYSTEM MANAGER(S):
(1) Toxicology/Autopsy records: Manager, Office of Aerospace
Medicine (AAM)-610, Bioaeronautical Sciences Research Branch, Mike
Monroney Aeronautical Center, 6500 S. MacArthur Blvd., Oklahoma City,
OK 73169. Contact information for system manager is [email protected].
(2) Air Traffic Organization Application Portal (AAP) records:
William J. Hughes Technical Center in Atlantic City, New Jersey.
Contact information for system manager is available at https://www.faa.gov/about/office_org/field_offices/fsdo/.
(3) Accident/Incident records: Manager, Enterprise Data Center,
Airmen Records Building, Mike Monroney Aeronautical Center, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169, contact information for
system manager is available at https://www.faa.gov/about/office_org/field_offices/fsdo/.
(4) Small UAS records: Manager, Amazon Web Services US East/West
Public Cloud. Contact information for system manager is
[email protected].
(5) Future Flight Services Program: Manager, AJR-B2 In-Service
Manager, 950 L'Enfant Plaza SW, Washington, DC 20024. Contact
information for system manager is 202-267-6447.
(6) Operational and Supportability Implementation System: Manager,
AJR-B2 In-Service Manager, 950 L'Enfant Plaza SW, Washington, DC 20024.
Contact information for system manager is 202-267-6447.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 40101, 40113, 44701, 44703, 45101-106, 51 U.S.C. 50917.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to support the FAA's
mission of aviation safety by collecting, maintaining and sharing
information related to aviation accidents, incidents and other
investigations with stakeholders in order to facilitate risk-based
decision making to reduce accidents.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains information on certificated airmen including
remote PICs; non-certificated individuals; and non-airmen involved in
transportation incidents and/or accidents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system consist of reports specific to
aviation accidents and incidents; other transportation-related
accidents and incidents; and small UAS accidents which includes the
following: names; dates of birth; social security number; driver
license number; airmen certification number; contact
[[Page 73073]]
information (email address, phone numbers, and home/business address);
aircraft registration number; aircraft tail number; calls sign; sUASRS
registration number; unique accident report reference number; locations
of accident (including but not limited to city, state, and zip code);
certificate/license issue; rating types; dates and types of pilot
training received in the last 24 months; dates hired (air carrier
only); airman medical history (airman medical information, airman
medications, and airman self-reported pathologies); NTSB investigation
number; FTN; case tracking number (including NTSB identity numbers);
medical examiner case number; medical information of individuals
(contained in autopsy, hospital, or toxicology reports); photos of
accident scenes; witness statements; physical specimens/remains
(received in toxicology kits); medical findings from reports; medical
certification examinations and medical examiner (license or
certification) numbers.
RECORD SOURCE CATEGORIES:
Sources of records include: certificated airmen including remote
PICs; non-certificated individuals; non-airmen; small UAS operators;
crew members; passengers; persons on the ground and witnesses; FAA
employees and contractors; first responders; Federal/State/local/Tribal
law enforcement officials; NTSB employees; and medical professionals
(including pathologists, medical examiners, physicians and laboratory
specialists).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted 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 of DOT
FAA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System Specific Routine Uses:
1. To users of FAA's Skywatch system, including the Department of
Defense (DoD), the Department of Homeland Security (DHS), the
Department of Justice (DOJ) and other authorized government users,
information on airman, aircraft and operator records available for
their use in managing, tracking and reporting aviation-related security
events.
2. To the NTSB investigators and NTSB medical officers who use the
data in their efforts to determine the cause of transportation
accidents and incidents.
3. To Medical Examiners or Coroners who use FAA toxicology results
in their medical examiner's report.
4. To Federal, State, local and Tribal law enforcement and security
agencies, information about airmen, when engaged in an official
investigation or security threat assessment in which airmen are
involved, or which affect the safety of transportation or national
security.
5. To Federal, State, local, Tribal, and foreign government
agencies who use toxicology services provided by the FAA, information
pertaining to the toxicology study requested by the agency.
Departmental Routine Uses:
6. 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.
7. 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.
8. 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.
9a. 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.
9b. 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.
10. 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.
11. 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
[[Page 73074]]
limitations apply to records requested for Congressional oversight or
legislative purposes; release is authorized under 49 CFR 10.35(9).
12. 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.
13. 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.
14. 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.
15a. 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.
15b. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Records are stored in a hard copy format and electronically in
databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are primarily retrieved by personal identifiers, such as
names, social security number, airman/remote pilot certificate number,
driver license number, FTN, case number, reference number or accident/
incident location.
POLICIES AND PRACTICE FOR RETENTION AND DISPOSAL OF RECORDS:
The FAA has developed new records retention and disposition
schedules for Accident and Incident Investigation Reports and UAS
Accident Reporting. The new records retention and disposition schedules
are pending approval of National Archives and Records Administration,
and FAA will maintain the records indefinitely until NARA's approval.
FAA is proposing to maintain the Accident and Incident Investigation
Report records until pilot is deceased or has reached 99 years of age.
UAS Accident Reporting records will be destroyed 3 years after a case
is completed and closed.
For Toxicology Reports and Autopsy Records, the FAA is developing a
new records retention schedule. The proposed schedule will include hard
copy file destruction 5 years after cut off with all electronic file
destruction 50 years after cut off. These electronic toxicology records
must be maintained for 50 years so that the FAA can conduct research
and trend analysis studies. All records will be maintained indefinitely
until NARA approves the new retention schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT FAA
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing the records
in this system is limited to individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
[[Page 73075]]
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 RECORDS PROCEDURES:
``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Records created or compiled for investigatory purposes are exempted
from certain access and disclosure requirements of the Privacy Act of
1974, pursuant to 5 U.S.C. 552a(k)(2).\2\
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\2\ eCFR: 43 CFR part 2 subpart K--Privacy Act.
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HISTORY:
None.
Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2023-23421 Filed 10-23-23; 8:45 am]
BILLING CODE 4910-9X-P
