[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78467-78472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24940]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0108]


Privacy Act of 1974; System of Records

AGENCY: Office of the Departmental Chief Information Officer, Office of 
the Secretary of Transportation, DOT.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States 
Department of Transportation (DOT), Federal Aviation Administration 
(FAA), proposes a new system of records titled, ``DOT/FAA 858 
Adjudication Docket Records in Aviation Litigation Proceedings under 14 
Code of Federal

[[Page 78468]]

Regulations (CFR) part 13, subparts D and G and Acquisition Dispute 
Proceedings under 14 CFR part 17''. This system of records allows DOT 
to collect and maintain case records for in-house administrative 
adjudications and mediations (``adjudicative records'') in accordance 
with FAA procedures and regulations that support its mission of 
aviation safety.

DATES: Submit comments on or before December 15, 2023. The Department 
may publish an amended Systems of Records Notice considering any 
comments received. This new system will be effective immediately upon 
publication. The routine uses will be effective December 15, 2023.

ADDRESSES: You may submit comments identified by docket number DOT-OST-
2023-0108 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-2023-0108. All comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.).
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Karyn 
Gorman, Departmental Chief Privacy Officer, Privacy Office, Department 
of Transportation, Washington, DC 20590; [email protected]; or 202-366-
3140.

SUPPLEMENTARY INFORMATION: The adjudicative records consist of two 
categories of records, namely: adjudications resulting from actions in 
which individuals request a hearing under 14 CFR part 13, subparts D or 
G; and acquisition adjudications, such as bid protests, contract 
disputes and pre-disputes filed under 14 CFR part 17. The adjudicative 
records in both categories include any associated applications for 
attorney fees under 14 CFR part 14. The information maintained in this 
system of records depends on the nature of the case and includes but is 
not limited to: a party's name; date of birth; tax identification 
number (TIN) and/or social security number (SSN); certificate number, 
business and personal contact information (e.g., address and phone 
number); medical information; drug test results; penalty history; 
docket number or order number; financial (e.g., tax returns, pay stubs 
or bank statements) and employment-related information; as well as 
other personally identifiable information (PII) in exhibits and other 
artifacts, which vary depending on the nature of the case.

Background

    In accordance with the Privacy Act of 1974, the United States DOT/
FAA is proposing a new system of records notice titled, ``DOT/FAA 858 
Adjudication Docket Records in Aviation Litigation Proceedings under 14 
CFR part 13, subparts D and G and Acquisition Dispute Proceedings under 
14 CFR part 17.'' The records covered by this Notice were previously 
covered by two separate Notices: SORN DOT/FAA 847, Aviation Records on 
Individuals, and SORN DOT/ALL 14, Federal Docket Management System 
(FDMS). To ensure consistent handling of records maintained by FAA's 
Office of Adjudication, DOT is proposing to consolidate adjudication 
docket records maintained by the Office of Adjudication into a single 
SORN.
    This system of records covers all facets of in-house administrative 
adjudications and mediations (``adjudicative records''). The 
adjudicative records consist of two categories of records, namely: 
adjudications resulting from certain actions in which individuals 
request a hearing under 14 CFR part 13, subparts D or G (``subparts D 
or G records''), and acquisition adjudications (``acquisition 
adjudication records''), such as bid protests, contract disputes and 
pre-disputes filed by individuals under 14 CFR part 17. Both of these 
categories include any related applications for attorney fees under 14 
CFR part 14.

Subparts D or G Records

    Subparts D or G records are records that are generated in 
connection with a request for hearing and proceedings related to such a 
request under 14 CFR part 13, subparts D and G. FAA actions that result 
in the creation of records following a request for a hearing under 
subpart D are referenced in 14 CFR 13.20 and include orders of 
compliance, cease and desist orders, and orders of denial. FAA actions 
that result in the creation of records following a request for a 
hearing under subpart G are referenced in that subpart. Requests for 
hearings under subparts D and G are filed with the Office of 
Adjudication. This Notice does not cover the underlying enforcement 
investigative records maintained in FAA's investigative files for 
actions described in 14 CFR 13.16 and 13.20; those files are maintained 
in accordance with System of Records Notice DOT/FAA 847, Aviation 
Records on Individuals, to the extent they pertain to investigations 
pertaining to an individual.
    The individual's request for a hearing initiates in-house 
administrative adjudication by the FAA. During the adjudication 
process, the individual and the FAA make arguments and submit into the 
case record information in connection with the litigation and their 
positions. This case record information often contains PII that 
includes but is not limited to: the individual's name; date of birth; 
TIN and/or SSN; certificate number, business and personal contact 
information (e.g., address and phone number); medical information; drug 
test results; penalty history; docket number or order number; financial 
(e.g., tax returns, pay stubs or bank statements) and employment-
related information; as well as other PII in exhibits and other 
artifacts, which vary depending on the nature of the case. These 
records are generated under the provisions of 14 CFR part 13, subparts 
D and G. Associated records pertaining to requests for attorney fees 
are generated as a result of the requirements under 14 CFR part 14.
    Subparts D or G records that are the subject of this notice are 
those created under 14 CFR part 13, subparts D and G, following an 
individual's request for a hearing under those subparts. These 
individuals consist of any members of the public who are subject to FAA 
statutes and regulations those who fall within the ambit of Sec. Sec.  
13.16 and 13.20, who request a hearing under those sections, and who 
are the subject of documents generated through litigation under those 
sections.

Acquisition Adjudication Records

    Acquisition adjudication records pertain to acquisition actions 
filed by a party who does, or seeks to do, business with the FAA; this 
Notice applies to those actions filed by parties who

[[Page 78469]]

conduct, or seek to conduct business with the FAA in their personal 
capacity. It does not apply to actions filed by businesses or other 
non-person entities. An acquisition matter could involve a contract 
dispute between a party and the FAA over rental payments. A bid protest 
filed by a party against an adverse evaluation by the FAA of their 
financial capability to perform a contract is another possible 
acquisition matter. These parties submit records to support their 
contract dispute or bid protest, that includes but is not limited to: a 
party's name, date of birth, TIN and/or SSN; business and personal 
contact information (address and phone number); docket number or order 
number; financial (e.g., tax returns, pay stubs or bank statements) and 
employment-related information; as well as other PII in exhibits and 
other artifacts, which vary depending on the nature of the case.
    Acquisition adjudication records cover: parties who file, and are 
the subjects of, bid protests, contract disputes, pre-disputes and any 
associated application for attorney fees, pursuant to 14 CFR parts 17 
and 14 (respectively), with the Office of Adjudication's Office of 
Dispute Resolution for Acquisition (ODRA). These parties can include:
    Individuals who are contractors, lessors, offerors, and members of 
the public who do, or seek to do business with the FAA in their 
personal capacity.

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, Federal Aviation Administration, DOT/
FAA 858 Adjudication Docket Records in Aviation Litigation Proceedings 
under 14 CFR part 13, subparts D and G and Acquisition Dispute 
Proceedings under 14 CFR part 17.

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    System records are maintained at FAA headquarters in the Office of 
Adjudication. Address: 800 Independence Avenue SW, Washington, DC 
20591.

SYSTEM MANAGER(S):
    For adjudication records in pending cases: Director, Office of 
Adjudication, AGC-70, 800 Independence Ave. SW, Washington, DC 20591. 
[email protected] [for Subparts D or G adjudication 
records] or [email protected] [for acquisition adjudication records].
    For finalized adjudication records in closed cases stored in the 
Case and Document Management System (CDMS): Director, Administrative 
Division, AGC-10, 800 Independence Ave. SW, Washington, DC 20591.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 106, 44701, 40113-40114, and 46101-46110; 14 CFR part 13, 
subparts D and G; 14 CFR parts 14 and 17.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to allow DOT to collect and maintain 
case records for in-house administrative adjudications and mediations 
(``adjudicative records'') in accordance with FAA procedures and 
regulations that support its mission of aviation safety. The 
adjudicative records consist of two categories of records, namely: 
legal proceedings resulting from adjudications resulting from certain 
actions in which individuals request a hearing under 14 CFR part 13, 
subparts D or G; and acquisition adjudications, such as bid protests, 
contract disputes and pre-disputes filed under 14 CFR part 17. The 
adjudicative records in both categories include any associated 
applications for attorney fees under 14 CFR part 14.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records contains information on individual members 
of the public who are parties in aviation litigation adjudication 
proceedings under 14 CFR part 13, subparts D and G or acquisition 
adjudication proceedings under 14 CFR part 17.
    Subparts D or G Records: Individuals who request a hearing under 14 
CFR part 13, subparts D and G, resulting from an FAA-initiated action 
described in 14 CFR 13.16 and 13.20: These individuals consist of those 
who fall within the ambit of Sec. Sec.  13.16 and 13.20, who request a 
hearing under those sections, and who are the subject of documents 
generated through litigation under those sections.
    Acquisition Adjudication Records: Parties who file, and are the 
subjects of, bid protests, contract claims, pre-disputes and associated 
applications for attorney fees, pursuant to 14 CFR parts 17 and 14 
(respectively), with the ODRA relative to contracts competed or awarded 
under the FAA's acquisition policies and procedures. These parties can 
include:
    Individuals who are contractors, lessors, offerors, and members of 
the public who do, or seek to do business with the FAA in their 
personal capacity.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The types of PII contained within the categories of records in this 
system of records depend on the nature of the case, and include but are 
not limited to:
    Subparts D or G Records: Subparts D or G records are records that 
are generated as a result of a request for a hearing under 14 CFR part 
13, subparts D and G, resulting from an FAA-initiated legal enforcement 
action described in 14 CFR 13.16 and 13.20. Such records may include a 
party's name, date of birth; TIN and/or SSN; certificate number, 
business and personal contact information (e.g., address and phone 
number); medical information; drug test results; penalty history; 
docket number or order number; financial (e.g., tax returns, pay stubs 
or bank statements) and employment-related information; as well as 
other PII in exhibits and other artifacts, which vary depending on the 
nature of the case. These records are generated as a result of the 
provisions of 14 CFR part 13, subparts D and G.
    Acquisition Adjudication Records: A party's name, date of birth, 
TIN and/or SSN; business and personal contact information (address and 
phone number); docket number or order number; financial (e.g., tax 
returns, pay stubs or bank statements) and employment-related 
information; as well as other PII in exhibits and other artifacts, 
which vary depending on the nature of the case.

[[Page 78470]]

RECORD SOURCE CATEGORIES:
    Subparts D or G Records: Subparts D or G records that are the 
subject of this notice are those created under 14 CFR part 13, subparts 
D and G, following an individual's request for a hearing under those 
subparts. These individuals consist of: those individuals who fall 
within the ambit of Sec. Sec.  13.16 and 13.20, who request a hearing 
under those sections, and who are the subject of documents generated 
through litigation under those sections.
    Acquisition Adjudication Records: Parties who file, and are the 
subjects of, bid protests, contract claims, pre-disputes and associated 
applications for attorney fees, pursuant to 14 CR parts 17 and 14 
(respectively), with the ODRA relative to contracts competed or awarded 
under the FAA's acquisition policies and procedures.

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 Use
    1. The FAA may provide public versions of decisions and orders, 
which have been sanitized to remove any sensitive PII, proprietary, 
source-selection or other confidential information, as a routine use, 
to commercial publishers of legal materials for inclusion in print 
editions and online services for the same reasons. Public versions of 
decisions and orders published on the FAA website or by commercial 
publishers such as Westlaw or LexisNexis may contain the names of 
parties, attorneys, legal representatives, witnesses, and other 
individuals involved in the case.

    Departmental Routine Uses
    2. 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.
    3. A record from this system of records may be disclosed, as a 
routine use, to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary to obtain 
information relevant to a DOT decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant or other 
benefit.
    4. 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.
    5a. 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 agencies conducting 
litigation when (a) DOT, or any agency thereof, or (b) Any employee of 
DOT or any agency thereof in their official capacity, or (c) Any 
employee of DOT or any agency thereof, in their 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 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.
    5b. 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 
their official capacity, or (c) Any employee of DOT or any agency 
thereof in their individual capacity where DOT has agreed to represent 
the employee, or (d) The United States or any agency thereof, where DOT 
determines that the proceeding is likely to affect the United States, 
is a party to the proceeding, or has an interest in such proceeding, 
and DOT determines that use of such records is relevant and necessary 
in the proceeding, provided, however, that in each case, DOT determines 
that disclosure of the records in the proceeding is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected.
    6. 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.
    7. 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).
    8. One or more records from a system of records may be disclosed 
routinely to the National Archives and Records Administration (NARA) in 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    9. Routine Use for disclosure to the Coast Guard and to 
Transportation Security Administration. A record from this system of 
records may be disclosed as a routine use to the Coast Guard and to the 
Transportation Security Administration 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.
    10. 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

[[Page 78471]]

use in law enforcement activities, either civil or criminal, or to 
expose fraudulent claims, regardless of the stated purpose for the 
collection of the information in the system of records. These 
enforcement activities are generally referred to as matching programs 
because two lists of names are checked for match using automated 
assistance. This routine use is advisory in nature and does not offer 
unrestricted access to systems of records for such law enforcement and 
related antifraud activities. Each request will be considered on the 
basis of its purpose, merits, cost effectiveness and alternatives using 
Instructions on reporting computer matching programs to the Office of 
Management and Budget, OMB, Congress, and the public, published by the 
Director, OMB, dated September 20, 1989.
    11. 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.
    12a. DOT may disclose records from this system, as a routine use, 
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.
    12b. 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.
    13. DOT may disclose records from this system, as a routine use, to 
the Office of Government Information Services for the purpose of (a) 
resolving disputes between FOIA requesters and Federal agencies and (b) 
reviewing agencies policies, procedures and compliance in order to 
recommend policy changes to Congress and the President.
    14. DOT may disclose records from this system, as a routine use, to 
contractors and their agents, experts, consultants, and other 
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.
    15. 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.
    16. DOT may disclose from this system, as a routine use, records 
consisting of, or relating to, terrorism information (6 U.S.C. 
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law 
enforcement information (Guideline 2 Report attached to White House 
Memorandum, ``Information Sharing Environment,'' November 22, 2006) to 
a Federal, State, local, Tribal, Territorial, foreign government and/or 
multinational agency, either in response to its request or upon the 
initiative of the component for purposes of sharing such information as 
is necessary and relevant for the agencies to detect, prevent, disrupt, 
preempt, and mitigate the effects of terrorist activities against the 
territory, people and interests of the United States of America, as 
contemplated by the Intelligence Reform and Terrorism Prevention Act of 
2004 (Pub. L. 108-458) and Executive Order 13388 (October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are initially stored electronically on a shared drive and 
then are migrated to CDMS, once the case is finalized.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    All records are primarily retrieved by personal identifiers, such 
as party name, docket number, or order number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA is drafting a retention and disposition schedule for 
adjudicative records; currently all records retention schedules are 
pending. Unscheduled records are retained indefinitely pending the 
agency's submission, and (National Archives and Records Administration) 
NARA's approval, of a disposition schedule. FAA anticipates proposing 
to NARA the following retention periods:
    1. In-house administrative adjudication final orders and decisions 
are precedential, permanently retained, and transferred to NARA 15 
years after the case closes.
    2. In-house adjudicative records, excluding final orders and 
decisions, in adjudications not appealed to and litigated in federal 
court are destroyed 5 years after the case closes.
    3. In-house adjudicative records in adjudications appealed to and 
litigated in federal court are permanently retained, and transferred to 
NARA 15 years after the case closes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DOT FAA 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer system containing the records 
in this system is limited to individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of whether this system of records 
contains information about them may contact the System Manager at the 
address provided in the section ``System Manager''. When seeking 
records about yourself from this system of records or any other 
Departmental system of records your request must conform to the Privacy 
Act regulations set forth in 49 CFR part 10. You must sign your request 
and your signature must either be notarized or submitted under 28 
U.S.C. 1746, a law that permits statements to be made under penalty of 
perjury as a substitute for notarization. If your request is

[[Page 78472]]

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 ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2023-24940 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-9X-P