[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32512-32517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14449]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2019-0097]


Privacy Act of 1974; Department of Transportation, Federal 
Aviation Administration; DOT/FAA 854, Small Unmanned Aircraft Systems 
(sUAS) Waivers and Authorizations

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of a modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States 
Department of Transportation proposes to rename, update, and reissue a 
Department of Transportation (DOT) system of records titled, 
``Department of Transportation Federal Aviation Administration; DOT/FAA 
854, Requests for Waivers and Authorizations Under 14 CFR part 107.'' 
This system of records allows the Federal Aviation Administration (FAA) 
to collect and maintain records on individuals operating small unmanned 
aircraft systems (hereinafter ``sUAS'') who request and receive 
authorizations to fly their sUAS in controlled airspace, or waivers to 
fly their sUAS outside of the requirements of the Code of Federal 
Regulations. This updated system, Small Unmanned Aircraft Systems 
(sUAS) Waivers and Authorizations, will be included in the Department 
of Transportation's inventory of record systems.

DATES: Written comments should be submitted on or before August 7, 
2019. The Department may publish an amended Systems of Records Notice 
in light of any comments received. This new system will be effective 
immediately and the modified routine use effective August 7, 2019.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2019-0097 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-2019-0097. All comments received 
will be posted without change to http://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 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: Claire 
W. Barrett, Departmental Chief Privacy Officer, Privacy Office, 
Department of Transportation, Washington, DC 20590; privacy@dot.gov; or 
202.366.8135.

SUPPLEMENTARY INFORMATION: Under current law, persons flying sUAS under 
the provisions of 14 CFR part 107 or flying sUAS in limited 
recreational operations pursuant to 49 U.S.C. 44809(a) may not operate 
sUAS in Class B, Class C, or Class D airspace or within the lateral 
boundaries of the surface area of Class E airspace designated for an 
airport unless the person has received authorization to operate from 
the FAA. sUAS operators under part 107, who are also referred to as 
remote pilots in command, may request waivers of operational rules 
applicable to sUAS requirements maintaining visual line of sight and 
yielding right of way to manned aircraft, as well as prohibitions on 
operations over people and in certain airspace pursuant to part 107.
    The FAA is revising SORN 854 because in 2018, Congress passed the 
FAA Reauthorization Act of 2018, which enacted 49 U.S.C. 44809(a) 
requiring authorizations for limited recreational operators flying sUAS 
in controlled airspace. Before the enactment of Sec.  44809(a), SORN 
854 covered only sUAS operators who operated under 14 CFR part 107. At 
that time, only Part 107 operators could submit requests for 
authorization, as limited recreational operators as defined under 
previous law were not required to receive authorizations before flying 
in controlled airspace. Now, both types of operators (Part 107 and 
Sec.  44809(a)) are required to request and receive such 
authorizations.
    Additionally, the FAA is updating the SORN to account for two new 
systems through which sUAS operators can request for waivers and/or 
authorizations. The first is a new web-based system, which has replaced 
previous paper forms. Using this web-based system, sUAS operators who 
determine to seek a waiver or an authorization may request such by 
electronically completing a form on the FAA website. After reviewing 
the information the applicant provides, the FAA will determine whether 
it can assure safety in the national airspace when granting the waiver 
or authorization; often, such grants will include provisions to which 
the requester must adhere, to mitigate the risk associated with the 
waiver or authorization.
    Operators may now also request authorizations through third parties 
qualified to offer services by the FAA under the Low Altitude 
Authorization and Notification Capability (hereinafter ``LAANC''). 
These third parties, called UAS Service Suppliers (hereinafter 
``USS''), enter into agreements with the FAA to automate and expedite 
the process by which sUAS operators receive authorization to fly in the 
aforementioned airspace from the FAA. The USS develop applications that 
enable operators to submit requests for authorization to the FAA where 
the requests are evaluated against pre-

[[Page 32513]]

determined criteria contained in LAANC. This enables operators to 
obtain authorizations quickly and efficiently to operate in Class B, C, 
D, and lateral boundaries of surface area E airspace designated for an 
airport. The number of USS available to the public and the locations 
where LAANC is available is updated on the FAA website.
    The following sections of this system of records notice have been 
updated: System name; authority; purpose; categories of records; record 
source; routine uses; storage; retention and disposal; and safeguards.

I. 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 rename, update, and reissue a DOT system of records 
titled, ``DOT/FAA 854 Requests for Waivers and Authorizations Under 14 
CFR part 107.'' This update results from the recently-passed FAA 
Reauthorization Act of 2018, which enacts 49 U.S.C. 44809(a). 
Specifically, sUAS operators who meet the requirements established in 
Sec.  44809(a) are now required to request and receive authorization 
from the FAA before flying their sUAS in controlled airspace. Prior to 
this legislation, only sUAS operators who operated in accordance with 
FAA regulations at 14 CFR part 107 were required to request and receive 
these authorizations. Accordingly, the previous iteration of this SORN 
applied only to individuals operating their sUAS in accordance with 
Part 107. This update expands the SORN's scope to cover individuals 
operating their sUAS in accordance with 49 U.S.C. 44809(a). 
Additionally, the SORN is updated to reflect new automated methods for 
requesting and receiving waivers and authorizations.
    Specifically, this update includes changes to the following 
sections: System name; authority; purpose; categories of records; 
record source; routine uses; storage; retention and disposal; and 
safeguards.
     The scope of this system of records has expanded to 
include records on sUAS operators who operate Sec.  44809(a); 
accordingly, we are proposing to update the notice's name to ``Small 
Unmanned Aircraft Systems (sUAS) Waivers and Authorizations.''
     The authorities section has likewise been updated to 
include 49 U.S.C. 44809(a) to reflect the new legal authority requiring 
limited recreational operators to request authorizations.
     The purpose section has also been updated to encompass 
individuals operating their sUAS in accordance with Sec.  44809(a); 
however, the purpose for collecting information for all categories of 
individuals otherwise remains the same.
     The records category section has been updated to reflect 
additional categories of information collected by the automated system 
for processing authorizations. Specifically, the following additional 
information will be collected by this automated system: Specification 
of proposed sUAS operations; sUAS flight plan information (including 
geometry); airspace class(es); submission reference codes; and safety 
justifications for non-auto-authorized operations.
     The records source section has been updated to reflect 
that records are obtained on behalf of individuals from the USS, to 
include new automated methods for requesting and receiving 
authorizations.
     The routine use section has been updated. Specifically, a 
system-specific routine use allowing the sharing of information to law 
enforcement has been eliminated, as the FAA determined that it is 
duplicative of a departmental routine use. Further, a system-specific 
routine use has been added to allow the FAA to share waiver and 
authorization information with the NTSB in connection with its 
investigative responsibilities. These two changes to the routine use 
section are further addressed below in section 1.B.
     Finally, OMB Circular A-108 recommends that agencies 
include all routine uses in one notice rather than incorporating 
general routine uses by reference; therefore, FAA is replacing the 
routine use that referenced the ``Statement of General Routine Uses'' 
with all of the general routine uses that apply to this system. This is 
merely a technical change and does not substantially affect any of the 
routine uses for records of this system.
     The storage, retention and disposal, and safeguard 
sections has been updated remove the reference to 14 CFR part 107, 
therefore reflecting the expansion in scope of the system of records to 
incorporate records on sUAS operators who request waiver under 14 CFR 
part 107 and those who request authorizations under both 14 CFR part 
107 and 49 U.S.C. 44809(a). Previously, these sections referred only to 
14 CFR part 107.
     Additionally, this notice includes non-substantive changes 
to simplify and clarify the language, formatting, and text of the 
previously published notice to align with the requirements of Office of 
Management and Budget Memoranda A-108, and for consistency with other 
departmental system of records notices.

A. Description of Records

    The FAA's regulations at 14 CFR part 107 governing operation of 
sUAS permits operators to apply for certificates of waiver to allow a 
sUAS operation to deviate from certain provisions of 14 CFR part 107 if 
the FAA Administrator finds the operator can safely conduct the 
proposed operation under the terms of a certificate of waiver. 
Operators flying under 14 CFR part 107 or flying limited recreational 
operations under 49 U.S.C. 44809(a) may request authorizations to enter 
controlled airspace (Class B, Class C, or Class D airspace, or within 
the lateral boundaries of the surface area of Class E airspace 
designated for an airport). The FAA assesses requests for waivers on a 
case-specific basis that considers the proposed sUAS operation, the 
unique operating environment, and the safety mitigations provided by 
that operating environment. Accordingly, this SORN covers documents 
relevant to both waivers of certain provisions of part 107 as well as 
authorizations to fly in controlled airspace.
1. Waivers
    To obtain a certificate of waiver, an applicant must submit a 
request containing a complete description of the proposed operation and 
a justification, including supporting data and documentation as 
necessary, to establish the proposed operation can safely be conducted 
under the terms of the requested certificate of waiver. The FAA expects 
that the time and effort the operator will put into the analysis and 
data collection for the waiver application will be proportional to the 
specific relief requested. Similarly, the FAA anticipates that the time 
required for it to make a determination regarding waiver requests will 
vary based on the complexity of the request. For example, a request for 
a major deviation from part 107 for an operation that takes place in a 
congested metropolitan area with heavy air traffic will likely require 
significantly more data and analysis than a request for a minor 
deviation for an operation that takes place in a sparsely populated 
area with minimal air traffic. If a certificate of waiver is granted, 
that certificate may include additional conditions and limitations 
designed to ensure that the sUAS operation can be conducted safely. The 
certificate-of-waiver process will allow the FAA to assess case-
specific information concerning a sUAS operation that takes place in a 
unique operating environment and consider

[[Page 32514]]

allowing additional operating flexibility that recognizes safety 
mitigations provided by the specific operating environment. The FAA 
anticipates that this process will also serve as a bridging mechanism 
for new and emerging technologies; allowing the FAA to permit testing 
and use of those technologies, as appropriate, before the pertinent 
future rulemaking is complete.
    Information collected relevant to waivers include: Name of person 
requesting the waiver, contact information for person applying for the 
waiver (telephone number, mailing address, and email address); Remote 
pilot in command name; remote pilot in command's airmen certification 
number and rating; remote pilot in command contact information; 
aircraft registration number; aircraft manufacturer name and model; 
submission reference code; regulations subject to waiver; requested 
date and time operations will commence and conclude under the waiver; 
flight path information, including but not limited to altitude and 
coordinates; safety justification; description of proposed operations.
2. Airspace Authorizations
    For airspace authorization requests to operate a sUAS in Class B, 
Class C, Class D or within the lateral boundaries of the surface area 
of Class E airspace designated for an airport, a remote pilot in 
command may seek either automatic approval or a request for further 
coordination from the FAA. Automatic approvals are completed by 
checking against pre-determined FAA-approved altitude values and 
locations within the aforementioned airspace. Requests sent through the 
FAA website are manually checked against the pre-determined values to 
either approve or deny the request. As this method requires manual 
approval and is not scalable to the numbers of requests for 
authorization, time for the sUAS operator to receive a response is 
variable and can take up to 90 days or more. Requests sent through 
LAANC are done through an automated process and operators receive near 
real time notice of either an approval or denial of the authorization 
request. Requests for further coordination are those authorization 
requests for operations that are within the aforementioned airspace and 
under 400 feet of altitude, but otherwise are a location and altitude 
that has not been pre-determined by the FAA to be safe without further 
consideration. These requests for further coordination are sent via 
either the FAA website or through LAANC and routed to the local Air 
Traffic Control facility where the requested operation would take place 
to make an approval (or denial) decision. The appropriate ATC facility 
has the best understanding of local airspace, its usage, and traffic 
patterns and is in the best position to ascertain whether the proposed 
sUAS operation would pose a hazard to other users or the efficiency of 
the airspace, and procedures to implement to mitigate such hazards. The 
ATC facility has the authority to approve or deny aircraft operations 
based on traffic density, controller workload, communications issues, 
or any other type of operational issues that could potentially impact 
the safe and efficient flow of air traffic in that airspace. If 
necessary to approve a sUAS operation, ATC may require mitigations such 
as altitude constraints and direct communication. ATC may deny requests 
that pose an unacceptable risk to the national airspace system (NAS) 
and cannot be mitigated.
    Information collected relevant to airspace authorizations requested 
using the non-automated method include: Aircraft operator name; 
aircraft owner name; name of person requesting the authorization; 
contact information for the person applying for the authorization; 
remote pilot in command name; remote pilot in command contact 
information; remote pilot in command certificate number; aircraft 
manufacturer name and model; aircraft registration number; requested 
date and time operations will commence and conclude; requested altitude 
applicable to the authorization; and description of proposed 
operations.
    Information collected relevant to airspace authorizations requested 
using the automated method (LAANC) include: Name of pilot in command; 
contact telephone number of remote pilot in command; start date, time, 
and duration of operation; maximum altitude; geometry; airspace 
class(es); submission reference code; safety justification for non-
auto-authorized operation; and aircraft registration number.

B. System of Records

    As described below in the Routine Uses section of this notice, the 
FAA will make the following information available to the public on an 
FAA website: Waiver applications and decisions, including any history 
of previous, pending, existing, or denied requests for waivers 
applicable to the sUAS at issue for purposes of the waiver, and special 
provisions applicable to the sUAS operation that is the subject of the 
request. Such availability is compatible with the purposes of this 
system because this system is intended, in part, to educate sUAS 
operators who seek to apply for a waiver, as operators will be able to 
review prior grants of waivers and the accompanying special provisions 
in their efforts to replicate successful waiver applications. The FAA 
does not plan to post records relevant to airspace authorizations on 
its website because airspace authorizations are unique to each 
operation. Each airspace authorization is specific to the location and 
time of the planned operation; therefore, posting of airspace 
authorizations would not prove advantageous to prospective applicants.
    Finally, this system of records notice has been updated to include 
a new routine use to allow disclosure of records to the National 
Transportation Safety Board (NTSB) in connection with its investigative 
responsibilities. Such disclosure is compatible with the purposes of 
this system because this system is intended, in part, to provide for 
safety of the NAS. The NTSB may require these records in the event that 
an sUAS is involved in an aircraft accident requiring NTSB 
investigation. Disclosure of these records to NTSB for this purpose 
ensures NTSB's ability to fully investigate such accidents and 
therefore maintain safety of the NAS.

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
    DOT/FAA--854 Small Unmanned Aircraft Systems (sUAS) Waivers and 
Authorizations.

[[Page 32515]]

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    For waivers, the system will be located in the Commercial 
Operations Branch, Flight Standards Service (AFS- 820), Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20024. For airspace authorizations, the system will be located in the 
Emerging Technologies Team (AJV-115), Air Traffic Organization, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20024.

SYSTEM MANAGER(S) AND ADDRESS:
    For waivers: Manager, Commercial Operations Branch, Flight 
Standards Service (AFS-820), Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20024. For airspace 
authorizations: Manager, UAS Tactical Operations Section, Air Traffic 
Organization, Federal Aviation Administration, 800 Independence Avenue 
SW, Washington, DC 20024.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 106(g), Duties and powers of Administrator; 49 U.S.C. 
40101, Policy; 49 U.S.C. 40103, Sovereignty and use of airspace; 49 
U.S.C. 40106, Emergency powers; 49 U.S.C. 40113, Administrative; 49 
U.S.C. 44701, General requirements; FAA Modernization and Reform Act of 
2012, Public Law 112-95 (``FMRA'') Sec.  333, Special Rules for Certain 
Unmanned Aircraft Systems; 14 CFR part 107, subpart D, ``Waivers''; 14 
CFR 107.41, ``Operation in certain airspace''; and 49 U.S.C. 44809(a).

PURPOSE(S):
    The purpose of this system is to receive, evaluate, and respond to 
requests for authorization to operate a sUAS in Class B, C, or D 
airspace or within the lateral boundaries of the surface area of Class 
E airspace designated for an airport, and evaluate requests for a 
certificate of waiver to deviate safely from one or more sUAS 
operational requirements specified in 14 CFR part 107. The FAA also 
will use this system to support FAA safety programs and agency 
management, including safety studies and assessments. The FAA may use 
contact information provided with requests for waiver or authorization 
to provide sUAS owners and operators' information about potential 
unsafe conditions and educate sUAS owners and operators regarding 
safety requirements for operation. The FAA also will use this system to 
maintain oversight of FAA issued waiver or authorizations and records 
from this system may be used by FAA for enforcement purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Aircraft operators, aircraft owners, persons requesting a waiver or 
authorization.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Aircraft operator name; Aircraft owner name; Name of person 
requesting a waiver or authorization; Contact information for person 
applying for waiver or authorization: Mailing address, telephone 
number, and email address of person submitting application for waiver 
or authorization; Responses to inquiries concerning the applicant's 
previous and current waivers; Remote pilot in command name; Airmen 
Certification Number (in those individuals certificated under another 
program prior to 2013 and have not requested a change of certificate 
number the airmen certificate number may be the individual's Social 
Security Number); Contact information for remote pilot in command: 
Address and telephone number; Remote pilot in command certificate 
number; Aircraft manufacturer name and model; Aircraft registration 
number; Regulations subject to waiver or authorization; Requested date 
and time operations will commence and conclude under waiver or 
authorization; Flight path information, including but not limited to 
the requested altitude and coordinates of the applicable to the waiver 
or authorization; Description of proposed operations; specifications; 
Geometry (center point with radius or Geo/JSON polygon); airspace 
class(s); Submission reference code; Safety justification for non-auto-
authorized operations.

RECORD SOURCE CATEGORIES:
    Records are obtained from individuals, manufacturers of aircraft, 
maintenance inspectors, mechanics, and FAA officials. Records are also 
obtained on behalf of individuals through UAS Service Suppliers.

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, waiver applications and decisions, including any 
history of previous, pending, existing, or denied requests for waivers 
applicable to the sUAS at issue for purposes of the waiver, and special 
provisions applicable to the sUAS operation that is the subject of the 
request. Email addresses and telephone numbers will not be disclosed 
pursuant to this Routine Use. Airspace authorizations the FAA issues 
also will not be disclosed pursuant to this Routine Use, except to the 
extent that an airspace authorization is listed or summarized in the 
terms of a waiver.
    2. To law enforcement, when necessary and relevant to a FAA 
enforcement activity.
    3. Disclose information to the National Transportation Safety Board 
(NTSB) in connection with its investigation responsibilities.

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 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.

[[Page 32516]]

    7. 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. 6b. 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 (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 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.
    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. 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.
    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 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. 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 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 another agency or entity) that 
rely upon the, compromised information; 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 compromise and prevent, minimize, or remedy such harm.
    12. 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.
    13. DOT may disclose records from this system, as a routine use, to 
contractors and their agents, experts, consultants, and others 
performing or working on a contract, service, cooperative agreement, or 
other assignment for DOT, when necessary to accomplish an agency 
function related to this system of records.
    14. DOT may disclose records from this system, as a routine use, to 
an agency, organization, or individual for the purpose of performing 
audit or oversight operations related to this system of records, but 
only such records as are necessary and relevant to the audit or 
oversight activity. This routine use does not apply to intra-agency 
sharing authorized under Section (b)(1), of the Privacy Act.
    15. DOT may disclose from this system, as a routine use, records 
consisting of, or relating to, terrorism information (6 U.S.C. 
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law 
enforcement information (Guideline 2 Report attached to White House 
Memorandum, ``Information Sharing Environment, November 22, 2006) to a 
Federal, State, local, tribal, territorial, foreign government and/or 
multinational 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:
    Individual records relevant to both waivers and airspace 
authorizations are maintained in an electronic database system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records of applications for waivers and authorizations in the 
electronic database system may be retrieved by sUAS registration 
number, the manufacturer's name and model, the name of the current 
registered owner and/or organization, the name of the remote pilot in 
command, the airmen certification number, the name of the applicant 
and/or organization that submitted the request for waiver or 
authorization, the special provisions (if any) to which the FAA and the 
applicant agreed for purposes of the waiver or authorization, and the 
location and altitude, class of airspace

[[Page 32517]]

and area of operations that is the subject of the request. Records may 
also be sorted by regulation section that is the subject of the request 
for waiver or authorization.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA will retain records in this system of records, which covers 
both waivers and airspace authorizations, as permanent government 
records until it receives record disposition authority from the 
National Archives and Records Administration (NARA), pursuant to 36 CFR 
1225.16 and 1225.18. The FAA has requested from NARA authority to 
dispose of waiver and authorization records after two years following 
the expiration of the waiver or authorization.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system for waivers and airspace authorizations 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 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 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. 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 RECORDS PROCEDURE:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURE:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    A full notice of this system of records, DOT/FAA854 Requests for 
Waivers and Authorizations under 14 CFR part 107 was published in the 
Federal Register on August 2, 2016, (81 FR 50789).

    Issued in Washington, DC, on July 2, 2019.
Stephen H. Holden,
Associate CIO for IT Policy and Oversight, Department of 
Transportation.
[FR Doc. 2019-14449 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-9X-P


