[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Rules and Regulations]
[Pages 70548-70549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23101]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
49 CFR Part 10
FAA Accident and Incident Data System Records Expunction Policy
AGENCY: Federal Aviation Administration, DOT.
ACTION: Policy statement.
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SUMMARY: The Federal Aviation Administration (FAA) has adopted a policy
which, when implemented, will result in the expunction of airman
identities from certain FAA accident and incident records.
DATES: This policy is effective November 22, 2005, with implementation
as discussed herein.
FOR FURTHER INFORMATION CONTACT: Joseph R. Standell, Aeronautical
Center Counsel, Aeronautical Center (AMC-7), Federal Aviation
Administration, 6500 S. MacArthur, Oklahoma City, OK 73169. Telephone
(405) 954-3296.
SUPPLEMENTARY INFORMATION:
Background
Under sections 40101, 40113, and 44701 of the U.S. Transportation
Code, as amended, 49 U.S.C. 40101, 40113 and 44701, the FAA may
maintain records of aviation accidents and incidents containing
identifying information of individual airmen if safety in air commerce
or air transportation and the public interest require. These records
include all accidents that were investigated by the FAA and incidents
reported to or investigated by the FAA. Part 10 of the Department of
Transportation Regulations, 49 CFR 10.1 et seq., sets forth the
conditions for maintenance and access to records pertaining to
individuals.
Presently, written accident and incident records are destroyed in
accordance with the applicable retention guidelines contained in FAA
Order 1350.15C. Certain essential information is extracted from written
accident and incident records and maintained in the Accident and
Incident Data System (AIDS).
Currently, computer based electronic AIDS records are maintained
indefinitely by the FAA. The custodian of AIDS is the Aviation Data
Systems Branch, AFS-620, at the Mike Monroney Aeronautical Center,
Oklahoma City, Oklahoma. AIDS records may be accessed by FAA personnel
at the FAA's Headquarters in Washington, DC and the FAA's field and
regional offices. See, System of Records DOT/FAA 847, 65 FR 19527
(April 11, 2000). One of the reasons the FAA maintains these records is
for safety related statistical research. Aviation Safety Inspectors may
also use these records to determine whether an airman should be re-
examined. AIDS records are considered to be basic qualification
information and may be released to the public pursuant to the routine
uses listed in DOT/FAA 847.
In 1989, the FAA conducted a System Safety and Efficiency Review
(SSER) of its General Aviation Compliance and Enforcement Programs. The
SSER review team comprised both FAA personnel and representatives of
various industry organizations, including the Aircraft Owners and
Pilots Association, the Experimental Aircraft Association, and the
National Business Aircraft Association. The establishment of an
accident and incident expungement policy was one of the many topics
discussed during the System Safety and Efficiency Review. However, no
accident and incident expungment policy was implemented at that time.
From 1996 until the present, the FAA has expunged the identity of
airmen from AIDS records on an ad hoc basis, where it was determined
that their identity no longer served a relevant purpose. Those
determinations were made in response to individual requests for
correction of accident or incident record pursuant to the Privacy Act,
5 U.S.C. 552a. Absent a request for correction of records under the
Privacy Act, the record remained in AIDS indefinitely. There has been
growing concern within the FAA that this practice is unfair to those
airmen who do not know their identity may be removed from an AIDS
record by making a request under the Privacy Act.
In 2003, the FAA reevaluated its policy of indefinitely retaining
AIDS records on individuals, and subsequently adopted a policy of
expunging certain electronic AIDS records. This policy is explained in
detail herein. This policy applies to individuals who have been
identified in electronic AIDS records. This policy applies to
individuals who hold airman certificates, as well as to those who do
[[Page 70549]]
not, such as passengers. This policy does not apply to the following:
Identities of air carriers, repair stations, or other
organizational entities whether or not the air carrier, repair station
or other organizational entity is owned or operated by an individual;
records generated or maintained by entities other than the FAA such as
electronic records of accidents and/or incidents maintained by the
National Transportation Safety Board; this policy does not apply to
written records of accidents or incidents because it is the FAA's
current policy to destroy those records pursuant to the retention
guidelines contained in FAA Order 1350.15C.
This policy statement is published because the subject is a matter
of general interest in the aviation community.
FAA Recordkeeping
The FAA maintains records of accidents and incidents in the
Accident and Incident Data System (AIDS), and with paper documents. All
records contain identifying information such as name, date of birth,
and certificate number. The records also contain information about each
accident or incident such as the date and place of the event as well as
a description of what happened.
AIDS is an automated data base system that contains summaries of
all FAA accident and incident investigations. Copies of paper documents
associated with an accident or incident are not included in AIDS
records. AIDS is the primary source of summary information for the FAA
and the public concerning any accident or incident investigated by the
FAA.
Expunction Policy
Electronic accident and incident records identifying an individual
will now be maintained for five years from the date of the accident or
incident. In that regard, it is believed that after five years, any
information about an individual's identity will be of little, if any,
value. Under this expunction policy, any information which identifies
the individual will be removed from the AIDS record, including the
individual's name and FAA certificate number. The case report number
will not be removed, nor will the rest of the information, such as the
pilot's experience, the description of the event, the N number and type
of aircraft involved. This information will be maintained so that the
FAA will be able to research the accident history of an aircraft or
conduct statistical research of data.
In all cases, if at the time an AIDS record is due to be expunged,
a subsequent AIDS record has been opened, the first record will not be
expunged unless and until the subsequent record is eligible for
expungement.
Implementation of the AIDS Expunction Policy
The FAA currently has several decades of records which will be
expunged under this policy. It is expected that the initial expunction
of eligible AIDS records will be completed in stages.
Changes will be made to the AIDS program so that AIDS data eligible
to be expunged is identified and automatically expunged from the AIDS
computer base. The FAA expects that the necessary hardware and software
changes to the AIDS data base system will be completed by [November 1,
2005].
Once this expunction system is fully functioning, the FAA intends
to expunge identifying information from eligible AIDS records on a
monthly basis. An individual may expect his or her AIDS records to be
expunged during the month following the eligibility for expunction
under this policy. The FAA maintains a large number of records in AIDS.
Therefore, it is impossible for the Agency to assure the expunction of
any particular record in strict accordance with this policy. If an
individual becomes aware of any AIDS data eligible for expunction that
has not been expunged, he or she may request amendment of the record
under the Privacy Act, 5 U.S.C. 552a(d). Any request to amend an
individual's AIDS record must be made in writing to the systems manager
in accordance with the procedures prescribed in 49 CFR part 10.
Issued in Washington, DC on November 17, 2005.
Marion Blakey,
Administrator.
[FR Doc. 05-23101 Filed 11-21-05; 8:45am]
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