[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.

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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: https://www.regulations.gov. 
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 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; <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 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 
<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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