[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1271-1274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00617]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2018-0202]
Privacy Act of 1974; Department of Transportation, Office of the
Secretary of Transportation; DOT/OST-008, Departmental Advisory
Committee Files
AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.
ACTION: Notice of Privacy Act system of records and rescission of one
system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Transportation proposes to reissue, with updates, a
system of records, ``Department of Transportation/OST-008 Departmental
Advisory Committee Files.'' This system of records allows the
Department to collect and maintain records submitted to the Department
by or in connection with applicants for members on a Department of
Transportation advisory committees to enable the Department to make
decisions about committee membership and manage committees. The
Department also consolidating an existing system of records notice,
``DOT/RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' with this system and rescinding the notice for DOT/
RSPA 08.
DATES: Written comments should be submitted on or before March 4, 2019.
The Department may publish an amended Systems of Records Notice in
light of any comments received. This system will be effective March 4,
2019.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2018-0202 by any of the following methods:
Federal e-Rulemaking Portal: https://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-2018-0202. 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.). You may review the
Department of Transportation's complete Privacy Act statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://DocketsInfo.dot.gov.
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: Claire
W. Barrett, Departmental Chief Privacy Officer, Office of the Chief
Information Officer, Department of Transportation, Washington, DC
20590; [email protected]; 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 (OST)
proposes to reissue and update a system of records titled, ``Department
of Transportation/OST-008, Departmental Advisory Committee Files.'' The
Department also intends to rescind the following legacy notice, ``DOT/
RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' and consolidate records managed under that Notice
with this updated System.
The DOT sponsors advisory committees in accordance with the Federal
Advisory Committee Act when DOT or Congress deems it would be
beneficial to obtain advice or recommendations on issues or policies
under consideration by DOT. The composition of an advisory committee is
determined by DOT, or statute, and may include special government
employees, Federal employees, or representatives of outside
organizations, such as trade
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groups or industry. Individuals interested in serving on an advisory
committee may apply directly to DOT for consideration, or be
recommended by others. The DOT collects information about applicants to
assess their qualifications to serve as a committee member, such as
employment and educational experiences, references, and other
information relevant to the applicant's qualifications, which may
include a criminal background check and credit check. This system was
originally established in the mid-1970s; however, the Department later
determined that files about advisory committee applicants and members
were not retrievable by individual name or personal identifier. As a
result, the Department retired this notice in 2000. The Department is
updating its processes for evaluating applications for membership on
advisory committees and for managing records about committee applicants
and members. As these records will be retrievable by applicant/member
name, the Department is reinstating the notice, with updates to reflect
changes in the location of the Department's headquarters and
incorporation of all applicable DOT general routine uses.
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DOT
proposes two routine uses for this system, in addition to the general
routine uses applicable this system and described below. The DOT may
disclose information to OMB, the Executive Office of the President, or
the General Services Administration, when necessary and relevant to
DOT's management of the advisory committee, including as needed in
DOT's consideration of applicants for membership on an advisory
committee, or to comply with any obligations to report information
about advisory committees to those entities. This use is compatible
with the purpose of the collection, which is to administer advisory
committees in accordance with the Federal Advisory Committee Act. In
addition, DOT may disclose information from this system to the public
to inform the public about the identity and qualifications of
individuals selected to serve as members of advisory committees. As one
of the purposes of the Federal Advisory Committee Act is to ensure
transparency to the public about advisory committee advice and
activities, a routine use permitting disclosure of information about
advisory committee members is compatible with the purpose of the
collection.
We also are consolidating an existing system of records notices,
``DOT/RSPA 08, Technical Pipeline Safety Committees for Natural Gas and
Hazardous Liquids'' into this system of records and retiring the notice
for DOT/RSPA 08. This system was established for the Pipeline and
Hazardous Materials Safety Administration to maintain information about
applicants and members of the Pipeline Safety Committees for Natural
Gas and Hazardous Liquids. As this type of information also be covered
by this System, the Department determined that separate notices are not
needed and, therefore, is retiring the notice for DOT/RSPA-08.
Finally, we have updated the format and included the relevant and
compatible Departmental General Routine Uses to conform to Office of
Management and Budget Circular A-108, Federal Agency Responsibilities
for Review, Reporting, and Publication under the Privacy Act.''
This updated system will be included in DOT's inventory of record
systems. This Notice does not apply to records covered by other System
of Records Notices.
II. 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)/OST-008, Federal Advisory
Committee Files
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Records are maintained at the Department of Transportation
headquarters in Washington, DC.
SYSTEM MANAGER AND ADDRESS:
Committee Management Officer, U.S. Department of Transportation,
Office of the Secretary, Office of the Executive Secretariat, 1200 New
Jersey Ave. SE, Washington, DC 20950, (202) 366-4277.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act, Public Law 92-463, as amended.
PURPOSE(S):
The information in this system is used to evaluate and select
individuals for membership on advisory committees within the
jurisdiction of the Department, and for the management of advisory
committees in the Department, including the preparation of reports,
documenting membership, and the nomination and appointment of members,
member terms, vacancies, acceptance, and separation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are or were members of advisory committees, who
have applied or were nominated to serve on advisory committees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include: Advisory committee applicant,
nominee, and member name, title, home address, business address,
employer, organizational affiliation, phone number, email address,
educational institutions attended, degrees held, employment history,
references/letters of recommendation, and other information relevant to
an individual's qualifications to serve on an advisory committee. This
system also may include the applicant's date of birth, social security
number, gender, race, drivers license number and state of issuance, and
prior residences for purposes of obtaining a credit check and criminal
background check. The system will also include the results of those
checks. The system also includes information about the member's
position on the committee, including documentation of their
appointment, date of appointment, term, date of separation, and reason
for separation.
RECORD SOURCE CATEGORIES:
Records are obtained from individuals who apply to serve on
advisory committees, individuals identified by applicants as their
references, Members of Congress, applicants' former employers.
Information may also be
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obtained from publicly available sources with the applicant's consent.
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 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 Executive Office of the President, the Office of
Management and Budget, or the General Services Administration when
necessary in the administration of the Department's advisory committee,
including complying with reporting obligations;
2. To the public, information about an advisory committee's
membership and qualifications when the Department deems it necessary to
inform the public of advisory committee membership or activities. This
routine use does not permit disclosure of information obtained in a
criminal background or credit check, social security number, driver
license number, and date of birth.
DEPARTMENT GENERAL ROUTINE USES:
3. To the appropriate agency, whether Federal, State, local, or
foreign, charged with the responsibility of implementing,
investigating, prosecuting, or enforcing a statute, regulation, rule or
order, when a record in this system indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
including any records from this system relevant to the implementation,
investigation, prosecution, or enforcement of the statute, regulation,
rule, or order that was or may have been violated;
4. To a Federal, State, or local agency maintaining civil,
criminal, or other information, such as current licenses, if necessary
for DOT to obtain information relevant to a DOT decision;
5. To the Department of Justice, or any other Federal agency
conducting litigation, when (a) DOT, (b) any DOT employee, in his/her
official capacity, or in his/her individual capacity if the Department
of Justice has agreed to represent the employee, or (c) the United
States or any agency thereof, is a party to litigation or has an
interest in litigation, and DOT determines that the use of the records
by the Department of Justice or other Federal agency conducting the
litigation is relevant and necessary to the litigation;
6. To parties in proceedings before any court or adjudicative or
administrative body before which DOT appears when (a) DOT, (b) any DOT
employee in his or her official capacity, or in his or her individual
capacity where DOT has agreed to represent the employee, or (c) the
United States or any agency thereof is a party to litigation or has an
interest in the proceeding, and DOT determined that is relevant and
necessary to the proceeding;
7. To the National Archives and Records Administration for an
inspection under 44 U.S.C. 2904 and 2906.
8. To another agency or instrumentality of any government
jurisdiction for use in law enforcement activities, either civil or
criminal, or to expose fraudulent claims; however, this routine use
only permits the disclosure of names pursuant to a computer matching
program that otherwise complies with the requirements of the Privacy
Act.
9. To the Attorney General of the United States, of his/her
designee, information indicating that a person meets any of the
qualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. Should the
validity of the information DOT provides to the Attorney General or
his/her designee be disputed, DOT may disclose to that National
Background Information Check System, established by the Brady Handgun
Violence Prevention Act, any information from this system necessary to
resolve the dispute.
10. To appropriate agencies, entities, and persons, when (1) DOT
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) DOT has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of this system or
other systems or programs (whether maintained by DOT or not) that rely
on the compromised information; and (3) the disclosure made to such
agencies, entities, or persons is reasonably necessary to assist in
connection with DOT's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
11. To DOT's contractors and their agents, DOT's 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.
12. To an agency, organization, or individual for the purpose of
performing an audit or oversight related to this system or records,
provided that DOT determines the records 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.
13. To a Federal, State, local, tribal, foreign government, or
multinational agency, either in response to a request or upon DOT's
initiative, 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,'' Nov. 22, 2006), when DOT finds
that disclosure of the record is necessary and relevant to detect,
prevent, disrupt, preempt, or mitigate the effects of terrorist
activities against the territory, people, and interests of the United
States, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-456, and Executive Order 13388
(Oct. 25, 2005).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically and/or on paper in
secure facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name of individual or committee name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Resumes and references of members and applicants are retained and
disposed of when they are superseded, obsolete, or no longer needed, in
accordance with General Records Schedule 6.2, Item 050. Records related
to the selection and membership of committee members are permanent, and
transferred to the National Archives and Records Administration when
they are 15 years old or the committee is termination, whichever is
sooner, in accordance with General Records Schedule 6.2, Item 010.
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. Appropriate controls have been
imposed to minimize the risk of
[[Page 1274]]
compromising the information that is being stored. Access to records in
this system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request to the System Manager in writing in writing to the
address provided under ``System Manager and Address.'' Individuals may
also search the public docket at www.regulations.gov by their name.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
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. While no specific
form is required, you should provide the following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and
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.
Without this bulleted information, the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the procedures described in ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
Individuals seeking notification of whether this system contains
records about him or her may contact the System Manager following the
procedures described in the ``Record Access Procedures'' above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
DOT/OST-008; 65 FR 19570 (April 11, 2000); DOT/RSPA-08 65 FR 19561,
(April 11, 2000).
Issued in Washington, DC, on February 1, 2019.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-00617 Filed 1-31-19; 8:45 am]
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