42796 Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices 

Issued in Washington, DC on July 12, 2012. 

Brandon Neal, 

Director, Office of Small and Disadvantaged 

Business Utilization, Office of the Secretary, 

U.S. Department of Transportation. 

[FR Doc. 2012–17767 Filed 7–19–12; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[DOT–OST–2012–0101] 

Privacy Act of 1974; System of 

Records; Statement of General Routine 

Uses; Notice of Establishment of Three 

New General Routine Uses 

AGENCY: Office of the Secretary of 

Transportation, Department of 

Transportation. 

ACTION: Notice to establish three new 

Privacy Act general routine uses. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Department of Transportation’s Office of 

the Secretary of Transportation (DOT/ 

OST) is publishing three new general 

routine uses for all DOT systems of 

records. Comment is invited on the 

three new routine uses. The three new 

routine uses are needed to clarify: The 

Department’s authority to make 

disclosures to any person or entity 

acting on behalf of DOT when the 

disclosure is necessary to accomplish a 

DOT function; that the Department may 

make disclosures to audit or oversight 

organizations when necessary and 

relevant to a particular audit or 

oversight investigation of DOT programs 

or activities; and that the Department 

may make disclosures to other 

governmental entities when necessary 

for the detection, prevention, 

disruption, preemption, or mitigation of 

terrorist activities against the United 

States, as contemplated by the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 (Pub. L. 108– 

458) and Executive Order 13388 

(October 25, 2005). 

DATES: Effective August 14, 2012. 

Written comments should be submitted 

on or before the effective date. If no 

comments are received, the proposal 

will become effective on the above date. 

If comments are received, the comments 

will be considered and, where adopted, 

the documents will be republished with 

changes. 

ADDRESSES: You may submit comments, 

identified by Docket Number DOT– 

OST–2012–0101, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251 

• Mail: Claire W. Barrett, 

Departmental Chief Privacy Officer, 

Office of the Chief Information Officer, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received will be posted 

without change to http://www.

regulations.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://www.

regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Claire W. Barrett, Departmental Chief 

Privacy Officer, Office of the Chief 

Information Officer, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590 or privacy@

dot.gov or (202) 527–3284. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a, governs the means by 

which the United States 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, for public notice and 

comment, 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 and the 

routine uses for which the agency 

discloses such information outside the 

agency. As provided in ‘‘Privacy Act 

Guidelines’’ issued by the Office of 

Management and Budget (OMB) on July 

1, 1975 (see 40 FR 28966), once an 

agency has published a routine use that 

will apply to all of its systems of records 

(i.e., a general routine use) in the 

Federal Register for public notice and 

comment, the agency may thereafter 

incorporate the publication by reference 

in each system’s SORN without inviting 

further public comment on that use. To 

date, DOT has published 12 general 

routine uses (see 65 FR 19476, 

published April 11, 2000; 68 FR 8647, 

published February 23, 2003; and 75 FR 

82132, published December 29, 2010). 

The three new general routine uses 

are compatible with the purposes for 

which the information to be disclosed 

under these general routine uses was 

originally collected. With respect to the 

first new general routine use, 

individuals whose PII is in DOT systems 

expect that DOT may engage 

contractors, experts, consultants, and 

others to assist it in performing the 

functions and activities that gave rise to 

the system of records. This general use 

does not contemplate uses that are in 

addition to those already identified in 

existing DOT SORNs, instead, it clarifies 

that DOT may disclose information to 

its contractors, consultants, experts and 

others when those individuals or 

organizations are engaged in those uses 

already described in DOT SORNs on 

DOT’s behalf. With respect to the 

second new general routine use, 

individuals whose PII is in DOT systems 

expect that their information may be 

disclosed to audit or oversight agencies, 

like the National Transportation Safety 

Board, when and only to the extent 

necessary and relevant to the audit or 

oversight of DOT activities. Finally, 

with respect to the third new general 

routine use, individuals whose 

information is in DOT systems expect 

that certain information may be released 

as is necessary and relevant to detect, 

prevent, disrupt, or mitigate terrorist 

activities against the United States. 

For the reasons set forth above, the 

following three general routine uses are 

established: 

13. 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. 

14. 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. 

15. 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 

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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices 42797 

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). 

Dated: July 16, 2012. 

Claire W. Barrett, 

DOT Chief Privacy Officer. 

[FR Doc. 2012–17697 Filed 7–19–12; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2012–0102] 

Privacy Act of 1974; Department of 

Transportation Office of the 

Secretary—DOT/OST–100 Investigative 

Record System 

AGENCY: Office of the DOT Chief 

Information Office, Office of the 

Secretary, DOT. 

ACTION: Notice of revised Privacy Act 

system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Department of 

Transportation proposes to update and 

reissue a current Department of 

Transportation system of records titled, 

DOT/OST 100 Investigative Record 

System. This system of records will 

allow the Department of Transportation 

Office of the Inspector General to collect 

and maintain records on individuals 

who may be complainants, subjects, 

witnesses, and others who may be 

identified during the course of an 

investigation. The records and 

information collected and maintained in 

this system are used to document the 

processing of allegations of violations of 

criminal, civil, and administrative laws 

and regulations relating to DOT 

programs, operations, and employees, as 

well as contractors and other 

individuals and entities associated with 

DOT. 

As a result of biennial review of the 

system, this system of records notice has 

been updated within the system name, 

system location, categories of 

individuals and records in the system, 

authority for maintenance of the system, 

purposes, routine uses, as well as 

storage, retrievability, safeguards, 

retention and disposal, system manager 

and address, notification procedure, and 

record source categories. There will be 

no change to the Privacy Act 

exemptions in place for this system of 

records. However, the system of records 

notice as published in 2000 omitted 

certain exemptions contained in DOT’s 

Privacy Act regulations. The revised 

system of records notice will correct this 

error. Additionally, this notice includes 

non-substantive changes to simplify the 

formatting and text of the previously 

published notice. This updated and 

revised system will be included in the 

Department of Transportation’s 

inventory of record systems. 

DATES: Effective August 18, 2012. 

Written comments should be submitted 

on or before the effective date. If no 

comments are received, the proposal 

will become effective on the above date. 

If comments are received, the comments 

will be considered and, where adopted, 

the documents will be republished with 

changes. 

ADDRESSES: You may submit comments, 

identified by Docket Number DOT– 

OST–2012–0102, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2012–0102. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 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 http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Seth B. 

Kaufman, Department of Transportation, 

Office of Inspector General, Seventh 

Floor, J–3, 1200 New Jersey Ave. SE., 

Washington, DC 20590; or by facsimile 

(202) 366–1975. For privacy issues 

please contact: Claire W. Barrett, 

Departmental Chief Privacy Officer, 

Privacy Office, Department of 

Transportation, Washington, DC 20590; 

privacy@dot.gov; or (202) 527–3284. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, the Department of 

Transportation (DOT) Office of the 

Secretary proposes to update and 

reissue a previously published DOT 

system of records titled DOT/OST 100 

Investigative Record System. This 

system of records will allow the 

Department of Transportation Office of 

the Inspector General to collect and 

maintain records on individuals who 

may be complainants, subjects, 

witnesses, and others who may be 

identified during the course of an 

investigation. As noted above, the 

primary intent of the revision is to add 

routine uses to this system. We also seek 

to update and clarify other parts of the 

system of records notice (SORN) in part 

to reflect changes to the OIG 

organization and programs since its last 

publication in 2000. 

The DOT Inspector General is 

responsible for conducting and 

supervising independent and objective 

audits, inspections, and investigations 

of the programs and operations of DOT. 

OIG promotes economy, efficiency, and 

effectiveness within the Department and 

prevents and detects fraud, waste, and 

abuse in its programs and operations. 

OIG’s Office of Investigations 

investigates allegations of criminal, 

civil, and administrative misconduct 

involving DOT employees, contractors, 

grantees, and Departmental programs 

and activities. This includes 

investigating for violations of criminal 

laws by entities regulated by DOT, 

regardless of whether they receive 

Federal funds. These investigations can 

result in criminal prosecutions, fines, 

civil monetary penalties, and 

administrative sanctions. 

The DOT/OST 100 Investigative 

Record System, system of records assists 

the OIG with receiving and processing 

allegations of violation of criminal, 

civil, and administrative laws and 

regulations relating to DOT employees, 

contractors, grantees, regulated persons, 

and other individuals and entities 

associated with DOT. The system 

includes both paper investigative files 

and OIG’s electronic case management 

and tracking information system which 

also generates reports. The case 

management system allows OIG to 

manage information provided during 

the course of its investigations, and, in 

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