56624 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 

In the first column, the subject line 

should read as set forth above. 

[FR Doc. Z8–22388 Filed 9–26–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Privacy Act of 1974: System of 

Records 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice to modify a system of 

records. 

SUMMARY: DOT proposes to modify a 

system of records under the Privacy Act 

of 1974. The system is FAA’s Aviation 

Records on Individuals, which is being 

modified to reflect: (1) Eight new 

routine uses; (2) additions to the 

categories of records, (3) clarity to the 

purpose of the system, (4) changes to the 

titles of offices within the FAA. This 

system would not duplicate any other 

DOT system of records. 

DATES: Effective Date: November 10, 

2008. 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: Address all comments 

concerning this notice to Carla Mauney, 

Department of Transportation, Federal 

Aviation Administration, (AES–200), 

800 Independence Avenue, SW., 

Washington, DC 20591, (202) 267–9895. 

FOR FURTHER INFORMATION CONTACT: 

Habib Azarsina, Departmental Privacy 

Officer, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue, SE., Washington, DC 20003, 

202–366–1965 (telephone), 

habib.azarsina@dot.gov (Internet 

address). 

SUPPLEMENTARY INFORMATION: The 

Department of Transportation system of 

records notice subject to the Privacy Act 

of 1974 (5 U.S.C. 552a), as amended, has 

been published in the Federal Register 

and is available from the above 

mentioned address. 

SYSTEM NUMBER: DOT/FAA 847 

SYSTEM NAME: 

Aviation Records on Individuals. 

SECURITY CLASSIFICATION: 

Sensitive, unclassified. 

SYSTEM LOCATION: 

• Federal Aviation Administration 

(FAA), Mike Monroney Aeronautical 

Center (MMAC), Oklahoma City, 

Oklahoma 73125: Civil Aerospace 

Medical Institute, Aerospace Medical 

Certification Division, AAM–300; 

Regulatory Support Division, AFS–600; 

and Civil Aviation Registry, Airmen 

Certification Branch AFS–760. 

• Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591: Drug Abatement 

Division, AAM–800 or the local 

Compliance and Enforcement Centers of 

the Drug Abatement Division; Office of 

Security and Hazardous Materials; 

Flight Standards District Offices 

(FSDO’s); Certificate Management 

Offices (CMO’s); Certificate 

Management Field Offices (CMFO’s); 

International Field Offices; Office of 

Security and Hazardous Materials 

Regional and Field Offices; FAA 

Regional Offices; and Chief Counsel, 

Regional Counsel, and Aeronautical 

Center Counsel Offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM OF RECORDS: 

This system contains information on: 

(1) Current certificated airmen, 

airmen whose certificates have expired, 

airmen who are deceased, airmen 

rejected for medical certification, 

airmen with special certifications, and 

others requiring medical certification; 

(2) Air traffic controllers in air route 

traffic control centers, terminals, and 

flight service stations, and applicants for 

these positions; 

(3) Holders of and applicants for 

airmen certificates, airmen seeking 

additional certifications or additional 

ratings, individuals denied certification, 

airmen holding inactive certificates, and 

airmen who have had certificates 

amended, modified, suspended or 

revoked. 

(4) Persons involved in aircraft 

accidents and incidents, including 

crewmembers, passengers, persons on 

the ground, and witnesses. 

(5) Individuals performing safetysensitive functions under FAA’s drug 

and alcohol testing regulations who 

have (a) tested positive on a Department 

of Transportation (DOT)-required drug 

test; (b) tested 0.04 or greater for breath 

alcohol concentration on a DOTrequired alcohol test; or (c) refused to 

submit to testing under a DOT-required 

testing program. 

(6) Individuals in their commercial 

capacities who work for companies 

conducting drug and alcohol testing. 

(7) Individuals who witness violations 

of FAA regulations. 

(8) Individuals against whom FAA 

has initiated informal action, 

administrative action or legal 

enforcement action for violating safety 

regulations and statutes or orders issued 

thereunder (see generally 49 U.S.C. 

40101 et. seq., 44101 et. seq., 45101 et. 

seq., 46101 et. seq.; FAA regulations, 14 

CFR Parts 1–199; hazardous materials 

regulations, 49 CFR Parts 171–180; and 

drug and alcohol testing regulations, 49 

CFR Part 40). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

• Name, date of birth, place of 

residence, mailing address, social 

security number, and airman certificate 

number. 

• Records that are required to 

determine the physical or mental 

condition of an individual with respect 

to medical standards established by 

FAA. 

• Records concerning drug or alcohol 

testing, test results, or refusals to submit 

to testing under a DOT-required testing 

program. 

• Records concerning applications for 

certification, applications for knowledge 

examinations, results of knowledge 

tests, applications for inspection 

authority, certificates held, ratings, stop 

orders, and requests for replacement 

certificates. 

• Reports of fatal accidents, 

autopsies, toxicological studies, aviation 

medical examiner reports, medical 

record printouts, nonfatal reports, injury 

reports, accident name cards, magnetic 

tape records of fatal accidents, 

physiological autopsy, and consulting 

pathologist’s summary of findings. 

• Records of accident investigations, 

preliminary notices of accident injury 

reports, engineering analyses, witness 

statements, investigators’ analyses, and 

pictures of accident scenes. 

• Records concerning safety 

compliance notices, informal actions, 

warning notices, oral or written 

counseling, letters of correction, letters 

of investigation, notices of proposed 

legal enforcement action, final action 

legal documents in enforcement actions, 

and correspondence of Regional 

Counsels, the Aeronautical Center 

Counsel, Chief Counsels, and others in 

enforcement cases. 

• All records on individuals within 

FAA databases for which the Safety 

Performance Analysis System (SPAS) is 

a software interface (i.e., inspection, 

surveillance, and investigation records 

concerning individuals, in systems 

including but not limited to: Accident/ 

Incident Database System (AIDS), Air 

Transportation Oversight System 

(ATOS), Enforcement Information 

System (EIS), National Program 

Tracking and Reporting System (PTRS), 

National Vital Information System (VIS), 

and the Drug Abatement Division’s 

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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 56625 

Compliance and Enforcement Tracking 

System (CETS)). 

• SPAS-related enforcement records 

maintained in Chief Counsel, Regional 

Counsel, and Aeronautical Center 

Counsel offices. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 40101, 40113, 44701–44703, 

44709, 45101–106, 46301. 

PURPOSE(S): 

This system is the official repository 

of aviation records on individuals that 

are required to be maintained in 

connection with FAA’s oversight and 

enforcement of compliance with safety 

regulations and statutes and orders 

issued thereunder or that are required to 

be made available, upon request, to 

other agencies, certain members of the 

public (e.g., Aviation Medical 

Examiners), or the public at large. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

(a) Provide basic airmen certification 

and qualification information to the 

public upon request; examples of basic 

information include: 

• The type of certificates and ratings 

held; 

• The date, class, and restrictions of 

the latest physical airman’s certificate 

number; 

• The status of the airman’s certificate 

(i.e., whether it is current or has been 

amended, modified, suspended or 

revoked for any reason); 

• The airman’s home address, unless 

requested by the airman to be withheld 

from public disclosure per 49 U.S.C. 

44703(c); 

• Information relating to an 

individual’s physical status or condition 

used to determine statistically the 

validity of FAA medical standards; and 

• Information relating to an 

individual’s eligibility for medical 

certification, requests for exemption 

from medical requirements, and 

requests for review of certificate denials. 

(b) Use contact information to inform 

airmen of meetings and seminars 

conducted by the FAA regarding 

aviation safety. 

(c) Disclose information to the 

National Transportation Safety Board 

(NTSB) in connection with its 

investigation responsibilities. 

(d) Provide information about airmen 

to Federal, State, local and tribal law 

enforcement agencies when engaged in 

an official investigation in which an 

airman is involved. 

(e) Provide information about 

enforcement actions or orders issued 

thereunder to government agencies, the 

aviation industry, and the public upon 

request. 

(f) Make records of delinquent civil 

penalties owed to the FAA available to 

the U.S. Department of the Treasury 

(Treasury) and the U.S. Department of 

Justice (DOJ) for collection pursuant to 

31 U.S.C. 3711(g). 

(g) Make records of effective orders 

against the certificates of airmen 

available to their employers if the 

airmen use the affected certificates to 

perform job responsibilities for those 

employers. 

(h) Make airmen records available to 

users of FAA’s Safety Performance 

Analysis System (SPAS), including the 

Department of Defense Commercial 

Airlift Division’s Air Carrier Analysis 

Support System (ACAS) for its use in 

identifying safety hazards and risk 

areas, targeting inspection efforts for 

certificate holders of greatest risk, and 

monitoring the effectiveness of targeted 

oversight actions. 

(i) Make records of an individual’s 

positive drug test result, alcohol test 

result of 0.04 or greater breath alcohol 

concentration, or refusal to submit to 

testing required under a DOT-required 

testing program, available to third 

parties, including employers and 

prospective employers of such 

individuals. Such records will also 

contain the names and titles of 

individuals who, in their commercial 

capacity, administer the drug and 

alcohol testing programs of aviation 

entities. 

(j) Provide information about airmen 

through the airmen registry certification 

system to the Department of Health and 

Human Services, Office of Child 

Support Enforcement, and the Federal 

Parent Locator Service that locates noncustodial parents who owe child 

support. Records in this system are used 

to identify airmen to the child support 

agencies nationwide in enforcing child 

support obligations, establishing 

paternities, establishing and modifying 

support orders and location of obligors. 

Records named within the section on 

Categories of Records will be retrieved 

using Connect: Direct through the Social 

Security Administration’s secure 

environment. 

(k) Make personally identifiable 

information about airmen available to 

other Federal agencies for the purpose 

of verifying the accuracy and 

completeness of medical information 

provided to FAA in connection with 

applications for airmen medical 

certification. 

(l) Make records of past Airman 

medical certification history data 

available to Aviation Medical Examiners 

(AMEs) on a routine basis so that AMEs 

may render the best medical 

certification decision. 

(m) Make airman, aircraft and 

operator record elements available 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, for their use in 

managing, tracking and reporting 

aviation-related security events. 

(n) See Prefatory Statement of General 

Routine Uses. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in file folders, 

on lists and forms, and in computer 

processing storage media. Records are 

also stored on microfiche, on roll 

microfilm, and as electronic images. 

RETRIEVABILITY: 

Records may be retrieved by name, 

birth date, sex, Social Security Number, 

airman certificate number, or other 

identification number of the individual 

on whom the records are maintained; or 

by medical identification number, 

accident number and/or incident 

number, and enforcement investigative 

report number or docket number. 

SAFEGUARDS: 

Manual records: Strict information 

handling procedures have been 

developed to cover the use, 

transmission, storage, and destination of 

personal data in hard copy form. The 

procedures are periodically reviewed for 

compliance with applicable laws. 

Automated Processing Records in FAAAdministered Systems: Computer 

processing of personal information is 

conducted within established FAA 

computer security regulations. A risk 

assessment of the FAA facility is 

performed prior to the implementation 

of the system of records. Automated 

Processing Records in Commercial 

Computer Contractor-Administered 

Systems: Computer programs are 

operated on commercial security levels 

and record element restrictions to 

prevent release of data to unauthorized 

parties. 

RETENTION AND DISPOSAL: 

Records are either destroyed or retired 

to the local Federal Records Center and 

then destroyed in accordance with the 

current version of FAA Order 1350.15C, 

Records Organization, Transfer and 

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56626 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 

Destruction Standards. The retention 

and destruction period for each record 

varies depending on the type of record, 

but ranges between 30 days and 10 

years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Federal Aviation Administration, 

Mike Monroney Aeronautical Center, 

P.O. Box 25082, 6500 South MacArthur 

Blvd., Oklahoma City, Oklahoma 

73125— 

• Records concerning aviation 

medical certification: Manager: 

Aerospace Medical Certification 

Division, AAM–300; 

• FAA certification records and 

general airman records: Manager, 

Airmen Certification Branch, AFS–760; 

• Records concerning aircraft 

accidents and incidents, inspections, 

surveillance, and investigations: 

Manager, Aviation Data Systems 

Branch, AFS–620; 

• Records in FAA-Administered 

databases concerning administrative 

actions and legal enforcement actions: 

Manager, Aviation Data Systems 

Branch, AFS–620; 

• Records pertaining to legal 

enforcement actions maintained in 

Chief Counsel, Regional Counsel, and 

Aeronautical Center Counsel offices: 

The address of the appropriate FAA 

regional or field office maintaining the 

official agency enforcement file may be 

obtained from AFS–620. 

• Records pertaining to 

administrative actions and informal 

actions: The investigating FAA field 

office or regional office or the Drug 

Abatement Division, AAM–800, or the 

local Compliance and Enforcement 

Centers of the Drug Abatement Division, 

as appropriate. The address of the 

appropriate FAA regional or field office 

maintaining the official agency 

enforcement file may be obtained from 

AFS–620. 

• Electronic enforcement litigation 

tracking system records: Chief Counsel, 

Regional Counsel, and Aeronautical 

Center Counsel offices. 

• Accounting files: Office of Financial 

Operations (AMZ) at the Aeronautical 

Center, and Office of Financial 

Management (AFM) at headquarters. 

• Aviation medical certification 

records from headquarters and regional 

files: Medical Specialties Division at 

headquarters, AAM–200, or the 

Regional Flight Surgeon within the 

region where examination was 

conducted (visit or call the local FAA 

office for proper Regional Office 

address). 

• Drug and alcohol testing records, 

and records of refusals to submit to 

testing required under a DOT-required 

testing program: Drug Abatement 

Division, AAM–800, or the local 

Compliance and Enforcement Centers of 

the Drug Abatement Division, as 

appropriate. 

• Records pertaining to security and 

hazardous materials: Office of 

Hazardous Materials, ADG–1. 

NOTIFICATION PROCEDURE: 

Individuals wishing to know if their 

records appear in this system of records 

may make a request in person or in 

writing to the appropriate system 

manager. The request must include: 

• Name; 

• Mailing address; 

• Telephone number and/or email 

address; 

• A description and, if possible, the 

location of the records requested; and 

• A statement under penalty of 

perjury that the requester is the 

individual who he or she claims to be. 

RECORDS ACCESS PROCEDURE: 

Individuals who desire access to 

information in this system of records 

should make a written request to, or an 

appointment with, the appropriate 

system manager. Each request should 

describe the particular record to the 

fullest extent possible, including the 

subject matter of the record, and, if 

known, the date when it was made, 

where it was made, and the originating 

person or office. Each request must also 

include a statement under penalty of 

perjury that the requester is the 

individual who he or she claims to be. 

PROCEDURES FOR CONTESTING RECORDS: 

Individuals who desire to contest 

information about themselves contained 

in the system of records should make 

their request in writing, detailing the 

reasons why the records should be 

corrected, and submit the request to the 

attention of the FAA official responsible 

for the record at the address appearing 

in this notice. The request must include 

a statement under penalty of perjury 

that the requester is the individual who 

he or she claims to be. 

RECORDS SOURCE CATEGORIES: 

a. Medical Records are obtained from 

Aviation Medical Examiners (AME’s), 

the individual to whom the records 

pertain, consultants, hospitals, treating 

or examining physicians, and Federal/ 

State/local/tribal Government agencies. 

b. Airmen Certification Records are 

obtained from the individual to whom 

the records pertain, FAA aviation safety 

inspectors, and FAA designated 

representatives. 

c. General Aviation Accident/Incident 

Records and Air Carrier Incident 

Records are obtained from Aviation 

Medical Examiners, pathologists, 

accident investigation records, medical 

laboratories, Federal/State/local/tribal 

law enforcement officials, and FAA 

employees. Data are also collected from 

manufacturers of aircraft and involved 

passengers. 

d. Informal Action, Administrative 

Action and Legal Enforcement Records 

are obtained from witnesses, the Offices 

of the Chief Counsel, Regional Counsels 

and Aeronautical Center Counsel, the 

National Transportation Safety Board, 

Office of Security and Hazardous 

Materials (ASH) personnel, Flight 

Standards personnel, Office of Aviation 

Safety (AVS) personnel and 

Aeronautical Center personnel. 

e. Drug and alcohol testing records 

and records relating to test results and 

refusals to submit to testing are obtained 

from the individual to whom the 

records pertain, current or previous 

employers, witnesses, FAA Drug 

Abatement inspectors, service agents 

providing drug and alcohol testing 

services for employers, and other 

Federal/State/local/tribal Government 

agencies. 

EXEMPTIONS CLAIMED FOR THIS SYSTEM: 

Records in this system that relate to 

administrative actions and legal 

enforcement actions are exempted from 

certain access and disclosure 

requirements of the Privacy Act of 1974, 

pursuant to 5 U.S.C. 552a(k)(2). 

Dated: September 23, 2008. 

Habib Azarsina, 

Departmental Privacy Officer. 

[FR Doc. E8–22775 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Property at the Warren 

County Memorial Airport, McMinnville, 

TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on the release of land at the 

Warren County Memorial Airport in the 

City of McMinnville, Tennessee. This 

property, approximately 13.3 acres, will 

change to a non-aeronautical use. This 

action is taken under the provisions of 

Section 125 of the Wendell H. Ford 

Aviation Investment Reform Act for the 

21st Century (AIR 21). 

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