[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77697-77700]
[FR Doc No: 2015-31647]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2015-0235]

Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration, DOT/FAA-801; Aircraft Registration Records
System of Records Notice

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

ACTION: Notice of Privacy Act 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
current Department of Transportation system of records titled,
``Department of Transportation Federal Aviation Administration; DOT/
FAA-801, Aviation Registration System.'' Given that this system of
records is comprised of multiple electronic databases, we are changing
the name from ``Aviation Registration System'' to ``Aviation
Registration Records'' to reflect that the system of records includes
all Privacy Act records related to aircraft registration that are
maintained by the Federal Aviation Administration Aircraft Registration
Branch. In addition, this system is being updated to clarify the
purpose of the Aircraft Registration Records system of records, which
maintains electronic records of aircraft registration, including
registration forms and supporting documents, instruments affecting
ownership, aircraft financing, leases, and lien interests, as well as
airworthiness applications and major repair and alteration reports.
This system also includes registration records for small unmanned
aircraft used for hobby and recreational purpose (i.e.,

model aircraft) and unmanned aircraft and small unmanned aircraft used
for commercial purposes. The system of records notice is also being
updated to add categories of records and to remove duplicative routine
uses and clarify the remaining routine uses. Finally, the authorities,
record retention, safeguarding and storage procedures, and
notification, record access, and contesting records sections have been
updated to reflect changes since the last publication of the system of
records notice in 2000.

DATES: Written comments should be submitted on or before January 14,
2016. The Department may publish an amended Systems of Records Notice
in light of any comments received. This new system will be effective
January 14, 2016.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2015-0235 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:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2015-0235. 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<EMAIL_ADDRESS>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)/Federal Aviation Administration
(FAA) proposes to rename, update and reissue a DOT system of records
titled, ``DOT/FAA-801 Aviation Registration System.'' The Department is
establishing a streamlined, Web-based aircraft registration process for
small unmanned aircraft systems. Owners of sUAS, however, may opt to
register their sUAS through the existing paper-based process used to
register manned aircraft in accordance with the procedures and
requirements described in 14 CFR part 47 (the ``part 47''). Also,
owners of unmanned aircraft systems (UASs) that do not qualify as sUAS
must continue to comply with part 47 and register their aircraft
through the paper-based process.
    All sUAS owners who register their aircraft under part 48 must
first create an account to access the Web-based application using their
email address and a password. Once an account is created, sUAS owners
register their aircraft by providing their name, mailing address, and
physical address, if different from their mailing address. These
applicants also may provide their telephone number. Those who register
their sUAS under part 48 may have to submit additional information,
depending on the intended use for the sUAS. Individuals intending to
fly sUAS for commercial purposes (as well as Federal, State, and local
governments and corporations) are required to include their telephone
number, and sUAS make, model, and serial number with their application.
    Under part 48, each sUAS (hereinafter ``model aircraft'') owner
registering for hobby and recreational purposes will receive a unique
identifier for use on all model aircraft registered by that owner. Each
sUAS used for non-model aircraft operations (e.g., commercial use) will
be assigned a unique identifier only for use with that aircraft. These
registrants also must provide their credit card information (e.g.,
credit card number, expiration date, security code, and billing
address) for payment of the registration fee. The FAA will assign a
transaction identification number (ID) upon confirmation of payment.
    For all other aircraft required to be registered with the FAA, the
FAA will continue to use the existing paper-based registration process
under part 47. Applicants for aircraft registration must provide the
FAA with their aircraft's manufacturer name, model, and serial number,
the registered owner's contact information (name and physical address).
Applicants must also provide any documents affecting aircraft
ownership, loan, lien, or lease interests.
    All records maintained by the FAA in connection with aircraft
registered are included in the Aircraft Registry and made available to
the public, except email address and credit card information submitted
under part 48.
    In order to facilitate implementation of the streamlined
alternative registration process for small unmanned aircraft, the
system of records notice (SORN) for the Aviation Registration System is
being updated. Additionally, the SORN is being renamed, and updated to
more accurately reflect and provide greater transparency regarding the
collection, use, sharing, and maintenance of Privacy Act records in the
Aircraft Registration system as a whole.
    Because sUAS registered under part 48 have different registration
requirements than aircraft registered under part 47, the categories of
records has been updated to reflect the addition of email address and
credit card information for registrants who register under part 48. The
collection of email addresses will enable the FAA to establish user
accounts for the FAA UAS Registration Service to facilitate access, and
to quickly disseminate safety and educational materials to these sUAS
owners, in furtherance of the FAA's safety and education objectives for
unmanned aircraft operations. In addition, registrants under part 48
must pay the Aircraft Registration Fee as part of the online
application process, thus, the SORN is being updated to include credit
card information in the categories of records.
    Additionally, we are renaming the system to ``Aviation Registration
Records.'' Aviation Registration Records are maintained in several
electronic databases. We are changing the name to clarify that the
system of records includes all Privacy Act records related to aircraft
registration that are maintained by the FAA Aircraft Registration
Branch. Further, in the authorities section, we removed the reference
to 49 U.S.C. 40101, which states the policy objectives that underlie
DOT and FAA administration of the aviation-related provisions in Title
49 of the United States Code, but do not specifically authorize this
system.
    We also consolidated the routine uses and revised the remainder for
clarity. Under the Privacy Act, ``routine use'' refers to a disclosure
of the information

in the system to a person or entity outside of the DOT/FAA, ``for a
purpose which is compatible with the purposes for which it is
collected.'' 5 U.S.C. 552a(a)(7). The routine uses, as they have
appeared in the SORN for several decades, describe several purposes of
disclosure from the Aircraft Registry. These routine uses, however, did
not specifically describe what information may be disclosed and to whom
information may be disclosed. Thus, we are updating the routine uses to
clarify that Aircraft Registry data is available to the general public
through the FAA's Web site, or in person at or by written request to
the Aircraft Registration Branch. The Aircraft Registry also may be
accessed by federal, state, local, or foreign law enforcement to
support investigations, the National Transportation Safety Board in
connection with accident investigations, title search companies and
banks to determine legal ownership of an aircraft, aircraft
manufactures to provide aircraft owners and operators with information
about potential mechanical defects or unsafe conditions of their
aircraft, lawyers and parties to litigation in support of court cases
involving individual liability, the International Civil Aviation
Organization and its members to verify aircraft ownership and country
of registration, or others. Thus, we consolidated and revised the
routine uses to reflect that Aircraft Registry data is publicly
available, which also includes access to information from the Aircraft
Registry by other government entities, companies, and international
organizations. All aircraft registration information for manned
aircraft, UAS, and sUAS registered under part 47 are accessible to the
public through the public Aircraft Registry Web site at http://registry.faa.gov/aircraftinquiry/. As previously mentioned, email
addresses, telephone number, and credit card information of sUAS owners
registered under part 48 will not be available to the public and will
only be disclosed in accordance with the General Routine Uses
applicable to all of the Department's systems of records. Additionally,
the public may only retrieve model aircraft owners' name and address in
the publicly available Aircraft Registry by the aircraft registration
number (i.e., the public may not retrieve data by an owner's name or
address). Finally, we are adding a routine use clarifying that the FAA
may disclose any aircraft registration information to law enforcement
entities, when necessary and relevant to a FAA enforcement activity.
These revisions to the routine uses do not substantively change the
current routine uses for aircraft registration records. Relatedly, we
revised the purpose section to include provisions reflecting the
purpose of the system that had previously been captured as part of the
routine uses.
    Finally, we updated the sections on storage, record retention, and
safeguarding procedures to reflect changes since the last publication
of the SORN in 2000. Since 2000, the FAA began digitally imaging paper
files for electronic storage and retrieval and the SORN section on
storage was revised accordingly. The record retention provision was
updated to make it consistent with the record retention section
approved by the National Archive and Records Administration (NARA) in
2005. This update was inadvertently omitted from the Department's 2010
update to this SORN. The current record retention schedule, as approved
in 2005, declared all records in the Aircraft Registration System to be
of permanent value. The Department is currently evaluating whether
registration records received under part 48, in particular, or UAS
registration records, more generally, should similarly be retained
permanently, or if an alternate schedule is more appropriate. This is
also reflected in this updated SORN. Lastly, the notification, records
access, and contesting records procedures have been revised for
additional clarity regarding FAA redress policies and procedures.

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 OF RECORDS
    Department of Transportation (DOT)/FAA--801

SYSTEM NAME:
    Department of Transportation (DOT)/ALL--801, Aircraft Registration
Records

SECURITY CLASSIFICATION:
    Unclassified, sensitive.

SYSTEM LOCATION:
    Aircraft Registration Branch, Federal Aviation Administration, Mike
Monroney Aeronautical Center, Oklahoma City, OK 73125.
    FAA UAS Registration Service is a contractor managed system and the
records are located by the contract manager: Aircraft Registration
Branch, Federal Aviation Administration, Mike Monroney Aeronautical
Center, Oklahoma City, OK 73125.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Aircraft owners, lien holders, and lessees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Aircraft Registration Numbers; Aircraft manufacturer name, model,
serial numbers Registered owner name, address, email, telephone number;
Registration Information: (status: pending, valid, expired, canceled;
type of ownership: individual, partnership, corporate, government, co-
owned; dates: registration and expiry; airworthiness: type, status,
date); Aircraft registration documents; Instruments affecting aircraft
ownership, loan, lien, or lease interests; Applications for
airworthiness; Major repair and alteration reports; Register owner
credit card information (FAA UAS Registration Service user only).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    i. 49 U.S.C. 44102, Registration requirements
    ii. 49 U.S.C. 44103, Registration of aircraft
    iii. 49 U.S.C. 44104, Registration of aircraft components and
dealer's certificates of registration
    iv. 49 U.S.C. 44105, Suspension and revocation of aircraft
certificates
    v. 49 U.S.C. 44106, Revocation of aircraft certificates for
controlled substance violations
vi. 49 U.S.C. 44107, Recordation of conveyances, leases, and security
instruments
vii. 49 U.S.C. 44110, Information about aircraft ownership and rights

viii. 49 U.S.C. 44111, Modifications in registration and recordation
system for aircraft not providing air transportation
ix. 14 CFR parts 45, 47-49

PURPOSE(S):
    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 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.
Provide aircraft owners and operators information about potential
mechanical defects or unsafe conditions of their aircraft in the form
of airworthiness directives. Educate owners regarding safety
requirements for operation. Receive and record payment of aircraft
registration fee.

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:
    1. To the public (including government entities, title companies,
financial institutions, international organizations, FAA designee
airworthiness inspectors, and others) information through the Aircraft
Registry, including aircraft owner's name, address, United States
Registration Number, aircraft type, and legal documents related to
title or financing. Email addresses, credit card information, and sUAS
owners' telephone numbers will not be disclosed pursuant to this
Routine Use. The public may only retrieve the name and address of
owners of sUAS registered under 14 CFR part 48 by the unique identifier
displayed on the aircraft.
    2. To law enforcement, when necessary and relevant to a FAA
enforcement activity.
    3. The Department has also published 15 additional routine uses
applicable to all DOT Privacy Act systems of records, including this
system. These routine uses are published in the Federal Register at 75
FR 82132, December 29, 2010, and 77 FR 42796, July 20, 2012, under
``Prefatory Statement of General Routine Uses'' (available at http://www.transportation.gov/privacy/privacyactnotices).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Individual records for registered and canceled aircraft are
maintained in an electronic digital image system. Some canceled
aircraft records are stored as paper file folders until their
conversion to digital images is completed. Backup copies of imaged
records are stored at remote locations

RETRIEVABILITY:
    Records of registered and cancelled aircraft in the digital image
system may be retrieved by registration number, the manufacturer's
name, model, and serial-number, credit card transaction number, and by
the name of the current registered owner. Records are retrieved by the
aircraft description. Unconverted canceled records may be retrieved
using a former registration number and the manufacturer's name, model
and serial-number.

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
appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Aircraft registration records submitted under 14 CFR part 47 have
been deemed by the National Archives and Records Administration to be
of permanent value (see NARA Schedule N1-237-04-3). 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 is working with NARA to establish an appropriate retention
period for aircraft registration records submitted under 14 CFR part
48. Consistent with the Federal Records Act, the FAA will manage these
records as permanent records under NARA has determined their historical
value and issued an approved records disposition schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Manager, Aircraft Registration Branch, AFS-750, Federal Aviation
Administration, Mike Monroney Aeronautical Center, P.O. Box 25082,
Oklahoma City, OK 73125.

NOTIFICATION PROCEDURE:
    Same as ``System manager.''

RECORD ACCESS PROCEDURES:
    Same as ``System manager.''

CONTESTING RECORD PROCEDURES:
    Same as ``System manager.''

RECORD SOURCE CATEGORIES:
    Individuals, 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 under the referenced information collection
request/OMB control number 2120-0042.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Issued in Washington, DC on December 11, 2015.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2015-31647 Filed 12-14-15; 8:45 am]
 BILLING CODE 4910-62-P