Notice2022-25847
Privacy Act of 1974; System of Records
Primary source
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Published
November 28, 2022
Effective
December 28, 2022
Issuing agencies
Transportation Department
Abstract
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 855 Science, Technology, Engineering, and Math (STEM) Aviation and Space Education (AVSED) Outreach Program." This system of records allows the Federal Aviation Administration (FAA) to collect, use, maintain, and disseminate the records needed for students, parents, teachers, and other similar educators to register for outreach events and contests that are hosted by the FAA. This includes collecting, using, maintaining, and disseminating information when complying with the Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. 6501-6506 (2001) requirement to obtain parental consent. Additionally, this system of records will provide FAA with a means to document participation, and completion of FAA outreach events and contests.
Full Text
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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73066-73070]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25847]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-OST-2022-0131]
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.
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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 855 Science,
Technology, Engineering, and Math (STEM) Aviation and Space Education
(AVSED) Outreach Program.'' This system of records allows the Federal
Aviation Administration (FAA) to collect, use, maintain, and
disseminate the records needed for students, parents, teachers, and
other similar educators to register for outreach events and contests
that are hosted by the FAA. This includes collecting, using,
maintaining, and disseminating information when complying with the
Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C.
6501-6506 (2001) requirement to obtain parental consent. Additionally,
this system of records will provide FAA with a means to document
participation, and completion of FAA outreach events and contests.
DATES: Submit comments on or before December 28, 2022. The Department
[[Page 73067]]
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 December 28, 2022.
ADDRESSES: You may submit comments, identified by docket number OST-
2022-0131 by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> 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.
<bullet> 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.
<bullet> Fax: (202) 493-2251. Instructions: You must include the
agency name and docket number OST-2022-0131. All comments received will
be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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; <a href="/cdn-cgi/l/email-protection#6d1d1f041b0c0e142d090219430a021b"><span class="__cf_email__" data-cfemail="2757554e5146445e6743485309404851">[email protected]</span></a>; or
202-366-3140.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the DOT
FAA proposes to issue a new system of records notice titled, ``DOT/FAA
855 Science, Technology, Engineering, and Math (STEM) Aviation and
Space Education (AVSED) Outreach Program.'' The STEM AVSED Program has
been an integral part of FAA outreach and the national education system
for decades. The program was established to expose students to aviation
and aerospace careers and to promote STEM education and outreach
events.
One example of these outreach events is the recently established
Airport Design Challenge (ADC). The ADC is a program that teaches
children how to build an airport to FAA specifications using Minecraft
gaming software as an online design platform. The program, like many of
the FAA's STEM education and outreach programs, is open to children in
grades K-12. In order to enter into an outreach event or contest,
students, parents or legal guardians, teachers, and other similar
educators need to create a user account, for themselves or for students
they wish to register. The student's name, username, and password,
grade category (kindergarten through 6th or 7th through 12th), email
address, and country that the student resides in will be provided by
student, parent, teachers or other similar educators. The parent or
legal guardian of the minor student will provide the information and in
addition to the child's information, provide their name, email address,
home address, and phone number (optional).
Some of STEM AVSED's outreach events, including the ADC, may
involve collection of personal information from children; in these
instances, the FAA collects additional information from parents and
legal guardians in accordance with the Children's Online Privacy
Protection Act of 1998 (COPPA), 15 U.S.C. 6501-6506 (2001).
Specifically, under COPPA, parents or legal guardians of children under
thirteen years of age must provide consent for the collection, use, or
disclosure of the personal information of their children collected on
FAA websites and other online services. To ensure parents are aware of
and have control of information collected from their children, the FAA
obtains verifiable parental consent from the child's parent prior to
collecting any information online from the child. At times, to ensure
full transparency, the FAA obtains verifiable parental consent for
student users who are thirteen and over as well as those under
thirteen.
The FAA at times may use third party vendors to verify parents'
identities and facilitate the process of obtaining parental consent.
The third-party vendor's platform streamlines the consent process by
using automated process to verify the identity of a person designated
as the parent of any child enrolled in our program. The FAA will
collect the parent's email address, student grade category
(kindergarten through 6th or 7th through 12th), and country the child
currently resides in, and provide the information to the third-party
vendor. The third-party vendor will use the information provided to
send the parent an email in order to confirm the identity of the
parent/legal guardian and verify that the parent/legal guardian
consents to the collection, use, or disclosure of the personal
information of any child that they wish to enroll in the STEM AVSED
Program. The third-party vendor will notify the FAA if verifiable
parental consent is confirmed.
Parents and legal guardians can opt out of having their identity
verified by the third-party vendor. In those instances, the FAA will
obtain the parent's or legal guardian's consent through a form that
parents will print, sign, and then scan and email back to the FAA. No
information in addition to what is referenced above will be collected.
Once verifiable parental consent is confirmed, all students will
complete the outreach event or contest in which they have selected to
attend. However, this system of record will maintain records on contest
completion, the students' placement in the contest, awards earned and/
or received, and certificate of completion.
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, Federal Aviation Administration, DOT/
FAA 855 Science, Technology, Engineering, and Math (STEM) Aviation and
Space Education (AVSED) Outreach Program.
SECURITY CLASSIFICATION:
Sensitive, unclassified
[[Page 73068]]
SYSTEM LOCATION(S):
FAA Office of Human Resource Management (AHR) 1350 Duane Avenue
Santa Clara, CA 95054. Blackboard Managed Hosting (BMH) facility in the
Chantilly, VA backup site at Equinix, c/o Blackboard, Inc., 1350 Duane
Avenue Santa Clara, CA 95054.
SYSTEM MANAGER(S):
Office of Human Resource Management (AHR) 1350 Duane Avenue Santa
Clara, CA 95054. Contact information for system manager is
<a href="/cdn-cgi/l/email-protection#39584f4a5c5d175a515855555c575e5c795f5858175e564f"><span class="__cf_email__" data-cfemail="69081f1a0c0d470a010805050c070e0c290f0808470e061f">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C.
6501-6506 (2001); Airport and Airway Development Act of 1970, Public
Law 94-353; National and Community Service Act of 1990, 49 U.S.C.
12501; and Title VI: Aviation Workforce of the FAA Reauthorization Act
of 2018 (Pub. L. 115-254).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of record notice is for students,
parents, teachers, and other similar educators to register students for
outreach events and contests that are hosted or organized by the FAA;
document participation, and completion of FAA outreach events and
contest; and obtain verifiable parental consent so that the FAA
complies with COPPA requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains information on individuals and participants
that are enrolled or wishing to participate in FAA contests and events,
such as the Airport Design Challenge Contest, to include but are not
limited to the students, parents, legal guardians, or teachers of minor
children enrolled.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records include name, username and password, grade
category (kindergarten through 6th or 7th through 12th), email address,
student's country of residence, home address, and phone number
(optional). In addition, course completions, grade (pass/fail), and
certificate of completion will also be included in the categories of
records.
RECORD SOURCE CATEGORIES:
Sources of records includes students, parents, legal guardians,
teachers or other similar educators and third-party vendors.
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. The FAA will share the parent or legal guardian's email address,
student grade category (kindergarten through 6th or 7th through 12th)
and country that the student lives with any vendor performing
verifiable parental consent. This information will be used to identify,
verify, and obtain consent of the parent or legal guardian for their
child to attend an educational program. If parents or legal guardians
opt out of using the third-party vendor for this process, the FAA will
not disclose their information to the third party vendor.
2. To other individuals or organizations, including Federal, State,
or local agencies, and nonprofit, educational, or private entities, who
are participating in FAA STEM programs as necessary for the purpose of
assisting FAA in the efficient administration of its program.
3. To educational institutions or training providers as evidence of
participation or successful completion, as needed to continue
education.
Departmental Routine Uses:
4. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
5. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
6. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
7a. 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.
7b. 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.
8. The information contained in this system of records will be
disclosed to the Office of Management and Budget,
[[Page 73069]]
OMB in connection with the review of private relief legislation as set
forth in OMB Circular No. A-19 at any stage of the legislative
coordination and clearance process as set forth in that Circular.
9. 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).
10. 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.
11. 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.
12a. 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.
12b. 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.
13. 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.
14. 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.
15. 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 a hard copy format and electronically in
databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are primarily retrievable by name and email address.
POLICIES AND PRACTICE FOR RETENTION AND DISPOSAL OF RECORDS:
Personal information collected by FAA for the purpose of
participating in contests and outreach events are maintained only as
long as necessary for participation in and administration of the
outreach activity. Student, parent or legal guardian, or teacher
account registration information is maintained in accordance with
National Archives and Records Administration (NARA) General Records
Schedules (GRS) 6.5 item 20 (DAA-GRS-2017-0002-0002) and is destroyed
after six months after account inactivity. Other information collected
for participation in an outreach program is maintained in accordance
with NARA schedule GRS 5.2 item 10 (DAA-GRS-2017-0003-0001). These
records are typically destroyed no more than 90 days after the
conclusion of the outreach program. Information collected from children
may be deleted at the request of their parent or guardian.
Additionally, the FAA is developing a new records retention and
disposition schedule for STEM AVSED Program de-identified statistical
records. FAA proposes to maintain these records for 10 years. The new
records retention and disposition schedule is pending approval of NARA,
and FAA will maintain the records indefinitely until NARA's approval.
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.
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.
[[Page 73070]]
CONTESTING RECORDS PROCEDURE:
See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURE:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Issued in Washington, DC.
Karyn Gorman,
Acting Chief Privacy Officer.
[FR Doc. 2022-25847 Filed 11-25-22; 8:45 am]
BILLING CODE P
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