Sorn 801

Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
Uncertainties regarding capacity,
shipping, and supply networks make
domestic sourcing in the Pacific Island
territories and Freely Associated States
challenging for assistance recipients,
shippers, and DOT staff in the short run.
DOT is engaging to understand
opportunities to leverage existing
shipping and transportation processes to
make domestic sourcing feasible over
the longer term.
Under OMB Memorandum M–22–11,
agencies are expected to assess
‘‘whether a significant portion of any
cost advantage of a foreign-sourced
product is the result of the use of
dumped steel, iron, or manufactured
products or the use of injuriously
subsidized steel, iron, or manufactured
products’’ as appropriate before granting
a public interest waiver. DOT’s analysis
has concluded that this assessment is
not applicable to this waiver.
DOT will consider all comments
received in the initial 15-day comment
period during our consideration of the
proposed waiver, as required by Section
70914(c)(2) of the BIL. Comments
received after this period, but before
notice of our finding is published in the
Federal Register, will be considered to
the extent practicable. Pursuant to
Section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), if FHWA
makes a finding that a waiver is
appropriate under 23 U.S.C. 313(b),
FHWA will also invite public comment
on this finding for an additional 5 days
following the date of publication of the
finding. Comments received during that
period will be reviewed, but the finding
will continue to remain valid. Those
comments may influence DOT/FHWA’s
decision to terminate or modify a
finding.
Issued in Washington, DC, on: August 3,
2023.
Carlos Monje, Jr.,
Under Secretary of Transportation for Policy.
[FR Doc. 2023–17003 Filed 8–8–23; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

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[Docket No. DOT–OST– 2023–0106]

Privacy Act of 1974; System of
Records
Federal Aviation
Administration and Office of the
Departmental Chief Information Officer,
Office of the Secretary of Transportation
(DOT).

AGENCY:

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ACTION:

Notice of a modified system of

records.
In accordance with the
Privacy Act of 1974, the Department of
Transportation (DOT) proposes to
update and reissue a DOT Federal
Aviation Administration (FAA) system
of records titled, ‘‘DOT/FAA 801
Aviation Registration Records.’’ This
Privacy Act System of Records Notice
(hereafter ‘‘Notice’’) is titled ‘‘DOT/FAA
801 Aviation Registration Records’’ and
updated to reflect the discontinuation of
the General Aviation (GA) ADS–B
Rebate Program and the issuance of the
Remote Identification of Unmanned
Aircraft Final Rule. This Notice covers
records about individuals who register
manned and unmanned aircraft or
submit a Notice of Identification (in the
case of foreign-registered unmanned
aircraft). It also covers records about
individuals who apply for a Privacy
International Civil Aviation
Organization (ICAO) address or submit
problem reports to the FAA to report
issues or problems with ADS–B related
services provided by the FAA.
DATES: Submit comments on or before
September 8, 2023. The Department
may publish an amended Systems of
Records Notice considering any
comments received. This modified
system will be effective immediately
upon publication. The routine uses will
be effective September 8, 2023.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2023–0106—by any 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–2023–0106.
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 or to the street
address listed above. Follow the online
instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: For
questions, please contact: Karyn
SUMMARY:

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Gorman, Departmental Chief Privacy
Officer, Privacy Office, Department of
Transportation, Washington, DC 20590;
[email protected]; or 202.527.3284.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice update includes
substantive changes to: system location,
system manager, authorities, purpose,
categories of individuals, categories of
records, record source categories,
routine uses of records maintained in
the system, policies and practices for
storage of records, policies and practices
for retrieval of records, policies and
practices for retention and disposal of
records, and record access procedures;
and non-substantive changes to:
administrative, technical and physical
safeguards, contesting record
procedures, and notification procedures.
Additional updates include editorial
changes, to simplify and clarify
language and reformatting the text of the
previously published Notice to align
with the requirements of the Office of
Management and Budget Memoranda
(OMB) A–108 and to ensure consistency
with other Notices issued by the
Department of Transportation.
Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Transportation (DOT)/Federal Aviation
Administration (FAA) proposes to
update and reissue a DOT system of
records titled, ‘‘DOT/FAA 801 Aviation
Registration Records,’’ previously
published at 81 FR 54187 (Aug. 15,
2016).
This system of records serves as the
central and legal repository of all
aircraft registration of manned and
unmanned aircraft and Notices of
Identification (for foreign-registered
unmanned aircraft) submitted to the
FAA. The information maintained in
these registration and identification files
includes identifying and contact
information of individuals who register
manned and unmanned aircraft or
submit a Notice of Identification (in the
case of foreign-registered unmanned
aircraft) with the FAA.
This system of records also covers
records related to the ADS–B Traffic
Information Service—Broadcast (TIS–B)
and Flight Information Service—
Broadcast (FIS–B). These records are
created when a pilot submits an ADS–
B/TIS–B/FIS–B Problem Report to the
FAA to report an issue or problem with
any of the ADS–B related services
provided by the FAA. The FAA uses the
email address collected to communicate
back to the reporting pilot about the
issue or problem they reported.

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Additionally, this system of records
covers records related the Privacy ICAO
Address Program. The Privacy ICAO
Address Program allows aircraft
operators to utilize an alternate aircraft
ID and Privacy ICAO Address to mask
their aircraft’s identity while flying
within U.S. domestic airspace. Aircraft
operators may apply for a Privacy ICAO
Address on the FAA website: https://
adsbperformance.faa.gov/PIA/
Application.aspx. 1 Use of the alternate
aircraft ID and Privacy ICAO Address
limits the extent to which the aircraft
can be identified by non-FAA parties
receiving the ADS–B signal. The
information collected and maintained
includes identifying and contact
information of individuals who have
applied for a Privacy ICAO Address and
the assigned Privacy ICAO Addresses,
respectively.
Finally, the previous Notice
introduced the 14 CFR part 91,
Automatic Dependent Surveillance
Broadcast (ADS–B) Out Performance
Final Rule which mandated that aircraft
flying in certain controlled airspace be
equipped with ADS–B Out technology.
Aircraft equipped with ADS–B Out
technology automatically transmit/
broadcast an aircraft’s GPS position,
altitude, velocity and other information
(e.g., aircraft registration number, which
is linkable to an individual) to ground
stations and to ADS–B In-equipped
aircraft in the vicinity.
This update is due to the following
changes:
(1) Discontinuation of the General
Aviation (GA) ADS–B Rebate Program:
To accelerate compliance with the 2010
ADS–B Out Performance Final Rule, the
FAA offered a financial incentive to
owners of general aviation aircraft who
equipped their aircraft with ADS–B Out
technology. This incentive was known
as the GA ADS–B Rebate Program. The
GA ADS–B Rebate Program terminated
in 2021; consequently, the FAA no
longer offers a financial incentive to
owners of general aviation aircraft that
equip their aircraft with ADS–B Out
technology. As the previous Notice
stated, and per the retention schedule
that requires the FAA to maintain these
records until at least 2027, this Notice
will continue to cover the GA ADS–B
Rebate Program payment records until
they are destroyed. The ADS–B
Compliance Monitor (ADS–B CM)
Program, which included the GA ADS–
B Rebate Program, was renamed
Automatic Dependent Surveillance—
Broadcast Performance Monitor (APM).
That system no longer receives GA
ADS–B Rebate Program data; however,
1 OMB

Control Number: 2120–0779.

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it does receive Privacy Act data from the
Privacy ICAO Address Program.
(2) Issuance of the Remote
Identification of Unmanned Aircraft
Final Rule: On January 15, 2021, the
FAA published the Remote
Identification of Unmanned Aircraft
Final Rule, which requires unmanned
aircraft possess remote identification
capabilities. Remote identification is the
capability of an unmanned aircraft in
flight to broadcast over radio frequency
spectrum certain identification,
location, and performance information
that people on the ground and other
airspace users can receive. These
message elements can be broadcast by
technology built into the unmanned
aircraft (‘‘Standard Remote ID’’) or by
external Remote ID-equipped broadcast
modules attached to the unmanned
aircraft. Remote identification provides
airspace awareness to the FAA, national
security agencies, law enforcement
entities, and other officials charged with
ensuring public safety and the safety
and efficiency of the airspace of the
United States.2
Relevant to this Notice, the Final Rule
also requires owners of remote
identification compliant unmanned
aircraft to provide the standard remote
identification unmanned aircraft’s serial
number or the remote identification
broadcast module’s serial number to the
FAA during registration and imposes
additional production and design
requirements on manufacturers to
ensure that broadcast equipment
complies with the Final Rule.
Additionally, the Final Rule requires
that foreign-registered aircraft operators,
who could in some instances be U.S.
citizens, submit a Notice of
Identification (NOI) prior to operating
their foreign-registered aircraft in U.S.
airspace. The NOI must include the
aircraft operator’s (and, if applicable,
authorized representative’s) name,
address, telephone number, and email
address; the country of registration, and;
the unmanned aircraft’s or the remote
identification broadcast module’s serial
number.
The FAA is updating the SORN to
make the following substantive changes:
1. System Location: This Notice
updates the system location by
removing the address for the ADS–B CM
database and the GA ADS–B Rebate
application database, and associated
2 The FAA does not collect these message
elements on a routine basis; therefore, this Notice
does not cover their collection or maintenance. If
these message elements were collected by the FAA
or provided to FAA by law enforcement, they
would be maintained in an investigative file and
covered by the System of Records Notice associated
with that file.

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records, which were located at FAA
William J. Hughes Technical Center, 101
Atlantic City International Airport, Egg
Harbor Township, New Jersey 08405.
This Notice updates the address for the
Civil Aviation Registry System,3 which
is located at: Civil Aviation Registry
Applications, Enterprise Data Center
(EDC) Airmen Records Building (ARB)
at the Mike Monroney Aeronautical
Center (MMAC), 6500 South MacArthur
Boulevard, Oklahoma City, OK 73169–
6901. The system location is also being
updated to add new systems: (1) Civil
Aviation Registration Electronic
Services (CARES), Aircraft Registration
Branch, AFB–710 Federal Aviation
Administration, Mike Monroney
Aeronautical Center, PO Box 25505,
Oklahoma City, OK, 73125, Email: [email protected] located
in the Amazon Web Services (AWS)
East/West Government Cloud; and (2)
FAADroneZone, UAS Integration Office,
AUS–410, Federal Aviation
Administration, 800 Independence Ave
SW Washington, DC, 20591.
2. System Manager: This Notice is
updated to include the system manager
contact information for all systems this
Notice covers.
3. Authorities: This Notice updates
the authorities section to reflect the
authorities for all systems this Notice
covers.
4. Purpose: This Notice updates the
purpose to remove reference to
determining eligibility for and issuance
of a rebate for equipage under the GA
ADS–B Rebate Program. In addition, the
purpose is being updated to include the
Part 89 NOI requirements for the
Remote Identification of Unmanned
Aircraft Final Rule and to more
explicitly describe the Privacy ICAO
Address Program.
5. Categories of individuals: This
Notice updates the categories of
individuals to include: aircraft
operators, authorized representatives,
and aircraft dealers.
6. Categories of records: This Notice
updates the categories of records to
include: aircraft operator or authorized
representative contact information; date
of birth; NOI; Confirmation of
Identification (COI) Number; and
designated agent name, address, email,
phone number and fax.
7. Record Source Categories: This
Notice updates the record source
categories by replacing ‘‘individuals’’
with aircraft owners, aircraft operators,
authorized representatives, foreign3 This system will eventually be replaced by the
Civil Aviation Registry Electronic Services (CARES)
system, which is located in the Amazon Web
Services (AWS) East/West Government Cloud.

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registered aircraft operators (who in
some instances could be U.S. citizens),
lien holders, lessees, and aircraft
dealers, for greater transparency, and to
reflect new record source categories
associated with the new systems that are
obtaining coverage under this Notice.
8. Routine Use: This Notice updates
the routine uses section to add one new
system-specific routine use. The new
routine use will allow the FAA to
disclose information to (a) government
agencies, whether Federal, State, Tribal,
local or foreign, when necessary or
relevant to an investigation of a
violation or potential violation of law,
whether civil, criminal, or regulatory,
that the agency is charged with
investigating or enforcing; and, (b) to
government agencies, whether Federal,
State, or local responsible when
necessary or relevant to threat detection
in connection with critical
infrastructure protection. This routine
use is compatible to the purpose of this
SORN. Specifically, this routine use is
compatible with the system’s oversight
purpose, and its purpose for assisting
other government agencies investigate
or prosecute violations or potential
violations of law. The routine use
section is also being updated to remove
the reference to credit card information,
as the FAA no longer actively uses this
information.
In accordance with OMB Circular A–
108 recommendations, the routine uses
section is also being updated to include
the Department of Transportation’s
general routine uses applicable to this
Notice as they were previously only
incorporated by reference. Specifically,
the Department is replacing the
statement in DOT/FAA 801 that
referenced the ‘‘Statement of General
Routine Uses’’ with all of the general
routine uses that apply to this system of
records. This update does not
substantially affect any of the existing
routine uses for records maintained in
this system.
9. Records Storage: Except for the
hard copy canceled aircraft registration
records that are being maintained as
paper records, all records are
electronically stored.
10. Records Retrieval: The
retrievability of records is updated to
add that Part 89 NOI records are
retrievable by COI number, unmanned
aircraft serial number, or operator’s (or
authorized representative’s) name. The
retrievability of GA ADS–B Rebate
Program has been removed, as that
program has been discontinued and the
records are no longer being retrieved.
The retrievability of aircraft descriptions
has been removed, because retrieving by
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specific to an individual. The
retrievability of records is updated to
add that TIS–B/FIS–B Problem reports
are retrievable by aircraft registration
number.
11. Retention and Disposal: The
previous Notice referred to the FAA’s
submission to NARA of a recommended
retention period for aircraft registration
records submitted under 14 CFR part 48
(to cover small unmanned aircraft
[sUAS]). This Notice updates the
retention and disposal section to reflect
that all aircraft registration records, not
only those submitted under 14 CFR part
47, will be maintained as permanent
records in accordance with existing
NARA Schedule N1–237–04–03.
Therefore, references to 14 CFR part 48
(sUAS) aircraft registrations have been
removed from the retention and
disposal section. The Notice also
updates the retention and disposal
section to reflect that records related GA
ADS–B Rebate Program Payment
records will be maintained until at least
2027 under NARA General Records
Schedule 1.1 item 10. In addition, the
Notice updates the retention and
disposal section to reflect that records
related to Part 89 NOI will be
maintained for three years under NARA
DAA–0237–2023–0007–0003. Finally,
this Notice updates the retention and
disposition section to reflect that
records related to APM (which includes
the Privacy ICAO Address program) will
be maintained for three years under
NARA DAA–0237–2020–0002–0001.
12. Records Access: The records
access procedures are being updated to
reflect that signatures on signed requests
for records must either be notarized or
accompanied by a statement made
under penalty of perjury in compliance
with 28 U.S.C. 1746.
The following non-substantive
changes to the administrative, technical,
and physical safeguards, contesting
records procedures, and notification
procedures have been made to improve
the transparency and readability of the
Notice:
13. Administrative, Technical and
Physical Safeguards: This Notice
updates the administrative, technical
and physical safeguards to align with
the requirements of OMB Memoranda
A–108 and for consistency with other
DOT/FAA SORNs.
14. Contesting Records: This Notice
updates the procedures for contesting
records to refer the reader to the record
access procedures section rather than
the ‘‘System Manager.’’
15. Notifications: This Notice updates
the notification procedures to refer the
reader to the record access procedures

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53953

section rather than the ‘‘System
Manager.’’
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:

Federal Aviation Administration,
Department of Transportation, DOT/
FAA 801 Aviation Registration Records.
SECURITY CLASSIFICATION:

Sensitive, unclassified
SYSTEM LOCATION:

The system locations are as follow:
1. Civil Aviation Registry System:
Civil Aviation Registry Applications,
Enterprise Data Center (EDC) Airmen
Records Building (ARB) at the Mike
Monroney Aeronautical Center
(MMAC), 6500 South MacArthur
Boulevard, Oklahoma City, OK 73169–
6901 and the Enterprise Architecture
and Solutions Environment (EASE)
Mainframe, which resides at the U.S.
Department of Agriculture (USDA)
National Information Technology Center
(NITC) in Kansas City, Missouri.
2. Civil Aviation Registration
Electronic Services (CARES): Aircraft
Registration Branch, AFB–710 Federal
Aviation Administration, Mike
Monroney Aeronautical Center, PO Box
25505, Oklahoma City, OK, 73125,
Email: [email protected]
located in the Amazon Web Services
(AWS) East/West Government Cloud.
3. FAADroneZone (including, but not
limited to, Part 89 Notice of
Identification): UAS Integration Office,

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AUS–410, Federal Aviation
Administration, 800 Independence Ave.
SW, Washington, DC, 20591.
4. APM (Privacy ICAO Address
Program): Enterprise Data Center (EDC)
at the William J. Hughes Technical,
Center (WJHTC) in Atlantic City, New
Jersey.
SYSTEM MANAGER:

1. Civil Aviation Registry System:
Civil Aviation Registry Applications,
Manager, Aircraft Registration Branch,
AFB–710 Federal Aviation
Administration, Mike Monroney
Aeronautical Center, PO Box 25505,
Oklahoma City, OK, 73125, Email: [email protected].
2. Civil Aviation Registration
Electronic Services: Manager, Aircraft
Registration Branch, AFB–710 Federal
Aviation Administration, Mike
Monroney Aeronautical Center, PO Box
25505, Oklahoma City, OK, 73125,
Email: [email protected].
3. FAADroneZone: (including, but not
limited to, Part 89 Notice of
Identification): Manager, UAS
Integration Office, AUS–410, Federal
Aviation Administration, 800
Independence Ave. SW, Washington,
DC 20591, Email: [email protected].
3. APM (Privacy ICAO Address):
Manager, FAA William J. Hughes
Technical Center, En-Route & Oceanic
Second Level Engineering Group, NAS
System Manager—ADS–B Support
Tools (SAPT & APM), AJM–2522, Email:
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 U.S.C. 106, 44102, 44103, 44104,
44105, 44106, 44107, 44110, 44111,
44809, and 44807; 14 CFR parts 45, 47–
49, and § 89.130.

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PURPOSE(S) OF THE SYSTEM:

To provide a register of United States
civil aircraft to aid in the national
defense and to support a safe and
economically strong civil aviation
system, and to meet treaty requirements
under the Convention on International
Civil Aviation, Annex 7. To safely
integrate UA into the national airspace.
To determine that aircraft are registered
in accordance with the provisions of 49
U.S.C. 44103. To support FAA safety
programs and agency management. To
aid law enforcement and aircraft
accident investigations. To serve as a
repository of legal documents to
determine legal ownership of aircraft.
To provide aircraft owners and
operators information about potential
mechanical defects or unsafe conditions
of their aircraft in the form of
airworthiness directives. To aid in
compliance with FAA standards

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including but not limited to agency
enforcement regulations. To educate
owners regarding safety requirements
for operation. To receive and record
payment of aircraft registration and
recordation fees. To provide an alternate
aircraft ID and ICAO aircraft address for
aircraft operators, which limits the
extent to which the aircraft can be
identified by non-FAA parties capturing
the ADS–B signal.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Aircraft owners, aircraft operators (or
authorized representatives), aircraft
dealers, lien holders, and lessees.
CATEGORIES OF RECORDS IN THE SYSTEM:

Aircraft registration numbers; aircraft
manufacturer name, model, and serial
numbers; aircraft operator, authorized
representative, or registered owner
name, address, email, telephone
number, citizenship, and organization/
company; designated agent name,
address, email, phone number and fax;
date of birth; legal records (e.g.,
evidence of ownership, divorce decree,
and court order); registration
information: (status: pending, valid,
expired, canceled; type of ownership:
individual, partnership, corporation,
non-citizen corporation, Limited
Liability Co., government, coownership; airworthiness: Type, status);
aircraft registration documents;
instruments affecting aircraft
ownership: loan, lien, or lease interests;
applications for airworthiness; major
repair and alteration reports; NOI and
COI; operator ID; ADS–B/TIS–B/FIS–B
Problem Reports including pilot’s name
and information about the reported
issue/problem, including location and
aircraft avionics equipage from pilots.
GA ADS–B Rebate Program Payment
records will be maintained until at least
2027, the timeframe specified in NARA
General Records Schedule 1.1, item 10.
RECORD SOURCE CATEGORIES:

Sources of records includes aircraft
owners, aircraft operators (or their
authorized representative), foreignregistered aircraft operators (who in
some instances could be U.S. citizens),
lien holders, lessees and aircraft dealers,
manufacturers of aircraft, maintenance
inspectors, mechanics, and FAA
officials. All forms associated with this
system and subject to the Paperwork
Reduction Act have been approved by
the Office of Management and Budget
(OMB) under the referenced information
collection requests: OMB control
numbers 2120–0697 and 2120–0779.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to other disclosures
generally permitted under 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 DOT as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
SYSTEM SPECIFIC ROUTINE USES

1. To the public (including
government entities, title companies,
financial institutions, international
organizations, and others), when
permitted, information, including
aircraft owner’s name, address, United
States Registration Number, aircraft
type, legal documents related to title or
financing of an aircraft and ADB–S
summary reports, in order to facilitate
aviation safety, security, and commerce.
Emails and telephone numbers of small
unmanned aircraft system (sUAS)
owners registered under 14 CFR part 48
will not be disclosed to the Public
pursuant to this Routine Use.
2. To law enforcement, when
necessary and relevant to an FAA
enforcement activity.
3. To government agencies, whether
Federal, State, Tribal, local or foreign,
information necessary or relevant to an
investigation of a violation or potential
violation of law, whether civil, criminal,
or regulatory, that the agency is charged
with investigating or enforcing; as well
as, to government agencies, whether
Federal, State, or local responsible for
threat detection in connection with
critical infrastructure protection.
DEPARTMENTAL ROUTINE USES

4. 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.
5. 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

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
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.
6. 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.
7a. 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 (including
a member of the Coast Guard), in his/
her official capacity, or (c) Any
employee of DOT or any agency thereof
(including a member of the Coast
Guard), 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.
7b. 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

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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.
8. 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.
9. 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
limitations apply to records requested
for Congressional oversight or legislative
purposes; release is authorized under 49
CFR 10.35(9).
10. 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.
11. A record from this system of
records may be disclosed as a routine
use to the Coast Guard and to the
Transportation Security Administration
(TSA) if information from this system
was shared with either agency when
that agency was a component of the
Department of Transportation before its
transfer to the Department of Homeland
Security and such disclosure is
necessary to accomplish a DOT, TSA, or
Coast Guard function related to this
system of records.
12. 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

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53955

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.
13. 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.
14a. 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.
14b. 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.
15. DOT may disclose records from
this system, as a routine use, to the
Office of Government Information

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices

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.
16. 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.
17. 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.
18. 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).

lotter on DSK11XQN23PROD with NOTICES1

POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

With the exception of older aircraft
registration records that are being
maintained as paper records and have
not yet been converted into electronic
form, all records are electronically
stored. Backup copies of imaged records
are stored at remote locations, including
but not limited to the FAA’s government
cloud.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records of registered and cancelled
aircraft in the digital image system may

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be retrieved by registration number, the
manufacturer’s name, model, and serial
number, and by the name of the current
registered owner. Hard copy canceled
aircraft records may be retrieved using
a former registration number and the
manufacturer’s name, model, and serial
number. TIS–B/FIS– B records may be
retrieved by the aircraft registration
number. Part 89 NOI records may be
retrieved by COI number, unmanned
aircraft serial number, or operator’s (or
authorized representative’s) name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Aircraft registration records will be
maintained as permanent records in
accordance with the National Archives
and Records Administration (NARA)
Schedule N1–237–04–03. In accordance
with that schedule, paper copies of
registration submissions are destroyed
once the original is scanned into the
system and the digital image is
determined to be an adequate substitute
for paper records. Copies of the Aircraft
Registration system are transferred to
NARA on an annual basis. The FAA
will maintain GA ADS–B Rebate
Program payment records for at least six
years after the program has ended (until
at least 2027), the timeframe specified in
NARA General Records Schedule 1.1,
item 10. For records related to Part 89
NOI, the FAA has submitted a new
records retention and disposition
schedule DAA–0237–2023–0007–0003
to NARA and is proposing to maintain
the records for 3 years after the COI has
either expired or been cancelled. The
FAA will retain Part 89 NOI records
until it receives approval of the record
disposition authority from NARA. The
FAA will retain APM records (which
includes the Privacy ICAO Address
program) for three years, in accordance
with NARA Schedule DAA–0237–2020–
0002–0001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOT 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
clearances or permissions. Access to
records in this system are limited to
those with appropriate security
credentials, an authorized purpose, and

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need-to-know. The FAA deploys rolebased access controls in addition to
other protection measures reviewed and
certified by the FAA’s cybersecurity
professionals to maintain the
confidentiality, integrity, and
availability requirements of the system.
RECORD ACCESS PROCEDURES:

Individuals seeking notification of
whether this system of records contains
information about them may contact the
System Managers 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 RECORD PROCEDURES:

See ‘‘Records Access Procedures’’
above.
NOTIFICATION PROCEDURES:

See ‘‘Records Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

A full notice of this system of records,
DOT/FAA 801, Aviation Registration
Records, was published in the Federal
Register on August 15, 2016 (81 FR
54187), DOT/FAA 801, Aircraft
Registration Records, December 17,
2015 (80 FR 77697) and DOT/FAA 801,
Aircraft Registration System, April 11,
2000 (65 FR 19518).
Issued in Washington, DC.
Karyn Gorman,
Chief Privacy Officer.
[FR Doc. 2023–17073 Filed 8–8–23; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request Relating to Information Return
for Publicly Offered Original Issue
Discount Instruments
Internal Revenue Service (IRS),
Treasury.

AGENCY:

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