Notice2023-23421
Privacy Act of 1974; System of Records
Primary source
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Published
October 24, 2023
Effective
November 24, 2023
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 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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 204 (Tuesday, October 24, 2023)</title>
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[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73070-73075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 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:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://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.
<bullet> Instructions: You must include the agency name and docket
number DOT-OST-2023-0067. All comments received will be posted without
change to <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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, Departmental Chief Privacy Officer, Privacy Office, Department
of Transportation, Washington, DC 20590; <a href="/cdn-cgi/l/email-protection#d6a6a4bfa0b7b5af96b2b9a2f8b1b9a0"><span class="__cf_email__" data-cfemail="08787a617e696b71486c677c266f677e">[email protected]</span></a>; 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.
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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 <a href="/cdn-cgi/l/email-protection#fdc4d0bcabaed0bcbcb0cbcccfd096908f89d08e988f8b949e98bd9b9c9cd39a928b"><span class="__cf_email__" data-cfemail="82bbafc3d4d1afc3c3cfb4b3b0afe9eff0f6aff1e7f0f4ebe1e7c2e4e3e3ace5edf4">[email protected]</span></a>.
(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 <a href="https://www.faa.gov/about/office_org/field_offices/fsdo/">https://www.faa.gov/about/office_org/field_offices/fsdo/</a>.
(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 <a href="https://www.faa.gov/about/office_org/field_offices/fsdo/">https://www.faa.gov/about/office_org/field_offices/fsdo/</a>.
(4) Small UAS records: Manager, Amazon Web Services US East/West
Public Cloud. Contact information for system manager is
<a href="/cdn-cgi/l/email-protection#3164706259545d41715750501f565e47"><span class="__cf_email__" data-cfemail="5d081c0e3538312d1d3b3c3c733a322b">[email protected]</span></a>.
(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
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