Notice2023-13276
Privacy Act of 1974; System of Records
Primary source
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Published
June 22, 2023
Effective
June 22, 2023
Issuing agencies
National Transportation Safety Board
Abstract
The National Transportation Safety Board (NTSB) proposes adding a new system of records to its inventory of system of records: Data Analytics Records. Subject to the Privacy Act of 1974, the agency proposes this new system for individually identifying information gathered or created from existing systems of records maintained by the NTSB, other NTSB records, and other governmental sources supporting NTSB operations. The new system will be used, primarily through data analytics techniques, to improve processes by enhancing data-driven decision-making, analyzing mission costs, managing resources, and otherwise assisting the NTSB in the performance of its statutory and regulatory duties, or in participating in Federal agency audits or other studies.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40871-40873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13276]
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NATIONAL TRANSPORTATION SAFETY BOARD
[Docket No.: NTSB-2023-0004]
Privacy Act of 1974; System of Records
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Notice of new system of records.
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SUMMARY: The National Transportation Safety Board (NTSB) proposes
adding a new system of records to its inventory of system of records:
Data Analytics Records. Subject to the Privacy Act of 1974, the agency
proposes this new system for individually identifying information
gathered or created from existing systems of records maintained by the
NTSB, other NTSB records, and other governmental sources supporting
NTSB operations. The new system will be used, primarily through data
analytics techniques, to improve processes by enhancing data-driven
decision-making, analyzing mission costs, managing resources, and
otherwise assisting the NTSB in the performance of its statutory and
regulatory duties, or in participating in Federal agency audits or
other studies.
DATES: This system is effective on June 22, 2023, with the exception of
the routine uses which will be effective on July 24, 2023. Submit
written comments by July 24, 2023.
ADDRESSES: You may send comments, identified by Docket Number (No.)
NTSB-2023-0004, by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#6c1e190009010d0705020b2c02181f0e420b031a"><span class="__cf_email__" data-cfemail="790b0c151c14181210171e39170d0a1b571e160f">[email protected]</span></a>.
<bullet> Fax: 202-314-6090.
<bullet> Mail/Hand Delivery/Courier: NTSB, Office of General
Counsel, 490 L'Enfant Plaza East SW, Washington, DC 20594.
Instructions: All submissions in response to this Notice must
include Docket No. NTSB-2023-0004. All comments, including any personal
information, received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For access to the docket, including comments received, go
to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search under Docket No. NTSB-2023-
0004.
FOR FURTHER INFORMATION CONTACT: Casey Blaine, Deputy General Counsel,
(202) 314-6036, <a href="/cdn-cgi/l/email-protection#582a2d343d35393331363f18362c2b3a763f372e"><span class="__cf_email__" data-cfemail="5725223b323a363c3e3930173923243579303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the Foundations for Evidence-Based
Policymaking Act of 2018 and related guidance from the Office of
Management and Budget (OMB), including OMB M-21-27, OMB M-19-23, OMB M-
20-12, and OMB Circular A-11, the NTSB proposes adding a new system of
records to its inventory of system of records titled, ``Data Analytics
Records.'' The agency proposes this new system for information from
existing and future business data sources regarding prospective,
current, and former NTSB employees to allow the agency to evaluate the
data and reach decisions pertinent and necessary to effectively achieve
mission, strategic, and operational outcomes using high-quality
evidence.
SYSTEM NAME AND NUMBER:
NTSB Data Analytics Records, NTSB-36.
SECURITY CLASSIFICATION:
Controlled Unclassified Information (CUI).
SYSTEM LOCATION:
Records are located in the NTSB's cloud system, managed by
Microsoft, which is a Federal Risk and Authorization Management Program
(FEDRAMP) product. The Microsoft System is hosted in the Microsoft
AZURE Government Cloud, a Software as a Service (SaaS), platform as a
service (PaaS), and infrastructure as a service (IaaS) product. The
NTSB's Azure system is a collection of NTSB custom-built applications,
commercial off-the-shelf systems (COTS) and internal databases used by
the NTSB to manage enterprise business processes.
SYSTEM MANAGER:
Office of the Chief Information Officer, National Transportation
Safety Board, 490 L'Enfant Plaza East SW, Washington, DC 20594.
[[Page 40872]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Foundations for Evidence-Based Policymaking Act of 2018, Public Law
115-435, 132 Stat. 5529 (2019); Federal Data Strategy (OMB, Memorandum
19-18, 19-23); 5 U.S.C. 301; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
This system of records will permit the NTSB to engage in evidence-
based decision-making by integrating data from multiple sources and
will contain information regarding prospective, current, and former
NTSB employees, including but not limited to, time and attendance
records, payroll records, performance and performance awards records,
telework agreements, travel records and travel card data, purchase card
records, training records, human resources records, cost accounting
records, portfolio and project management records, and investigative
case management records. The new system will be used, primarily through
data analytics techniques, to improve agency processes, identify
operational costs, manage resources, and otherwise assist the NTSB in
the performance of its statutory and regulatory duties, or while
participating or responding to requests during federal agency audits or
other studies or inquiries. Further, this system will permit the NTSB
to increase its effectiveness and efficiency in conducting its
operations by merging data across various components into a centralized
system.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former NTSB employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains materials regarding prospective, current, and
former NTSB employees received, gathered, or created in connection with
agency operations. Categories of records may include: name, title, pay
series or grade, duty station, and NTSB office of prospective, current,
and former NTSB employees; employee time and attendance records;
employee payroll information; employee performance records and
performance awards; employee telework records; employee travel records
and travel card data; purchase card records; employee training records;
human resources records; internal surveys; cost accounting records;
portfolio and project management records; and NTSB investigative case
management records.
RECORD SOURCE CATEGORIES:
Existing sources of data, including but not limited to, time and
attendance records, payroll records, performance award records,
telework agreements, travel records and travel card data, purchase card
records, training records, human resources records, employee surveys,
cost accounting records, portfolio and project management records, and
investigative case management records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USES AND THE PURPOSES OF SUCH USES:
In addition to the disclosures permitted under subsection (b) of
the Privacy Act, the NTSB may disclose information contained in this
system of records without the consent of the subject individual if the
disclosure is compatible with the purpose for which the record was
collected under the following routine uses:
1. Disclosure to the Office of Personnel Management for personnel
research purposes; as a data source for management information; for the
production of summary descriptive statistics and analytical studies in
support of the function for which the records are collected and
maintained; or for related workforce studies;
2. Disclosure to the Office of Personnel Management, Department of
Labor, Merit Systems Protection Board, Office of the Special Counsel,
Equal Employment Opportunity Commission, the Federal Labor Relations
Authority (including the General Counsel of the Authority and the
Federal Service Impasses Panel), the Federal Mediation and Conciliation
Service, the Office of Government Ethics, and to an arbitrator, when
that agency or office is properly engaged in investigation or
settlement of an administrative grievance, complaint, claim, or appeal
filed by an employee or former employee, or to obtain advice regarding
statutory, regulatory, policy, or other requirements, but only to the
extent that the information is relevant and necessary to the
proceeding, in carrying out their functions;
3. Disclosure to other Federal agencies that need the information
for an audit or investigation of a civil, criminal, or regulatory
violation or potential violation where a record, either on its face or
in conjunction with other information, indicates a violation or
potential violation of law;
4. Where a contract between an NTSB office and a labor organization
recognized under Executive Order No. 11,491 or 5 U.S.C. Chapter 71
provides that the agency will disclose personal records relevant to the
organization's mission, the NTSB may disclose records in this system of
records to such organizations;
5. Information may be disclosed to the National Archives and
Records Administration (NARA) or General Services Administration for
records management inspections conducted under 44 U.S.C. 2904 and 2906;
6. Disclosure to a private entity with which the NTSB maintains a
contractual relationship for the purposes of collating, analyzing,
aggregating, or otherwise refining records in this system, where the
private entity is subject to a non-disclosure agreement and understands
that it must honor Privacy Act safeguards with respect to such records;
7. In the event of litigation where the defendant is (a) the NTSB,
any component of the NTSB, or any employee of the NTSB in his or her
official capacity; (b) the United States, where the NTSB determines
that the claim, if successful, is likely to directly affect the
operations of the NTSB or any of its components; or (c) any NTSB
employee in his or her individual capacity where the Department of
Justice has agreed to represent such employee, the NTSB may disclose
such records as it deems relevant and necessary to the Department of
Justice or NTSB's outside counsel to enable the NTSB to present an
effective defense, provided such disclosure is compatible with the
purpose for which the records were collected;
8. Information may be disclosed to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the written request of the individual
about whom the record is maintained. The NTSB will not make such a
disclosure until the congressional office has furnished appropriate
documentation of the individual's request, such as a copy of the
individual's written request;
9. To the Office of Government Information Services (OGIS), NARA to
the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h)
to review administrative policies, procedures, and compliance with the
FOIA, and to facilitate OGIS' offering of mediation services to resolve
disputes between persons making FOIA requests and administrative
agencies;
10. To appropriate agencies, entities, and persons when (1) the
NTSB suspects or has confirmed that there has been a breach of the
system of records, (2) the NTSB has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the NTSB (including its information systems, programs, and operations),
the Federal Government, or national security; and (3) the disclosure
[[Page 40873]]
made to such agencies, entities, and persons is reasonably necessary to
assist in connection with the NTSB's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm;
11. To another Federal agency or Federal entity, when the NTSB
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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The NTSB maintains the records in this system electronically in its
enterprise databases. Data from disparate data sources will be brought
into a secured and governed, cloud-based enterprise data analytics
infrastructure to support data analysis.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records may be retrieved by employee identification number,
title, or other personal identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Data Analytics Records are maintained as described in the
applicable agency records schedules being developed and subject to NARA
approval.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The NTSB maintains electronic records within this system, which are
stored on protected computer networks that are accessible by authorized
users with Personal Identity Verification (PIV) cards and/or secure
passwords. This system conforms to all applicable Federal laws and
regulations, as well as NTSB policies and standards, as they relate to
information security and data privacy. In this regard, the following
laws and regulations may apply: the Privacy Act of 1974; the Federal
Information Security Modernization Act of 2014; the Computer Fraud and
Abuse Act of 1986; the E-Government Act of 2002; and corresponding
regulations implementing these statutes.
RECORD ACCESS PROCEDURE:
Same as ``Notification Procedure.''
CONTESTING RECORD PROCEDURE:
Same as ``Notification Procedure.''
NOTIFICATION PROCEDURES:
Individuals wishing to inquire about whether this system of records
contains information about them may contact the Chief, Records
Management Division, National Transportation Safety Board, 490 L'Enfant
Plaza East SW, Washington, DC 20594.
Individuals must comply with NTSB regulations regarding the Privacy
Act, at 49 CFR part 802, and must furnish the following information for
their records to be located and identified:
1. Full name(s);
2. Dates of employment, NTSB service, or application; and
3. Signature.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
History:
None.
Jennifer Homendy,
Chair.
[FR Doc. 2023-13276 Filed 6-21-23; 8:45 am]
BILLING CODE 7533-01-P
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</html>Indexed from Federal Register on June 22, 2023.
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