Privacy Act of 1974; System of Records; DOT/FMCSA-011; Military Under 21 Pilot Program System of Records |
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Claire W. Barrett
Federal Highway Administration
5 September 2019
[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46779-46782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19135]
[[Page 46779]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2019-0103]
Privacy Act of 1974; System of Records; DOT/FMCSA-011; Military
Under 21 Pilot Program System of Records
AGENCY: Federal Motor Carrier Safety Administration, Department of
Transportation.
ACTION: Notice of a New System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to issue a new Department of Transportation
system of records titled, ``Department of Transportation Federal Motor
Carrier Safety Administration-011--Military Under 21 Pilot Program
System of Records.'' FMCSA is required by Section 5404 of the Fixing
America's Surface Transportation Act, 2015 (FAST Act), to conduct a
pilot program to allow 18- to 20-year-old persons with military driving
experience to operate CMVs in interstate commerce. The pilot program
seeks to determine the safety benefits or risks posed by military
service members aged 18, 19, and 20 with specialized training in heavy
vehicle operations operating a freight-carrying CMV in interstate
commerce as compared to current entry-level commercial motor vehicle
drivers aged 21-24 when operating a freight-carrying CMV in interstate
commerce. The goal of this pilot program is to determine whether the
group of under-21 military CDL holders operating in interstate commerce
have similar or better safety performance outcomes than the 21-24 year
old entry level drivers operating in interstate commerce.
The information collected as part of the pilot program is necessary
to: (1) Determine the eligibility of drivers to participate in the
pilot program; (2) effectively implement and monitor the pilot program,
given that participating under-21 military drivers will be
participating with an exemption; (3) contact drivers if necessary
throughout the pilot program (e.g., for follow-on questions or
clarification on data), and (4) to conduct analysis on the safety
performance of the participating drivers and make safety decisions
accordingly. Specific details concerning eligibility for pilot program
participation were previously published at 81 FR 56745 (September 21,
2016); 83 FR 31631 (July 6, 2018); and 83 FR 60950 (November 27, 2018).
Pursuant to 49 U.S.C. 31315(c)(3) and 49 CFR 381.515, the FMCSA
Administrator has the authority to immediately revoke the participation
of a motor carrier, CMV, or driver in the Under 21 Military Pilot
Program for failure to comply with the program's terms and conditions.
Participation in the Under 21 Military Pilot Program does not provide
for any right, entitlement, or benefit.
DATES: Written comments must be submitted on or before October 7, 2019.
The modified system will be effective immediately with the exception of
the modified routine use which will be effective October 7, 2019.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2019-0103 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov
Fax: (202) 493-2251.
Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590.
Instructions: You must include the agency name and docket number,
DOT-OST-2019-0057. All comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to www.regulations.gov. In order to
facilitate comment tracking and response, we encourage commenters to
provide their name, or the name of their organization; however,
submission of names is completely optional. Whether or not commenters
identify themselves, all timely comments will be fully considered. If
you wish to provide comments containing proprietary or confidential
information, please contact the agency for alternate submission
instructions.
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
dockets.
FOR FURTHER INFORMATION CONTACT: For system-related questions please
contact: Nicole Michel, Program Manager. 1200 New Jersey Ave SE,
Washington, DC 20590. Email: nicole.michel@dot.gov, Tel. (202) 366-
4354.
For general and privacy questions, please contact: Claire W.
Barrett, Departmental Chief Privacy Officer, Department of
Transportation, S-81, Washington, DC 20590, Email: privacy@dot.gov,
Tel. (202) 366-8135.
SUPPLEMENTARY INFORMATION:
Background: The U.S. Department of Transportation's (DOT) Federal
Motor Carrier Safety Administration (FMCSA) core mission is to reduce
commercial motor vehicle-related crashes and fatalities. Pursuant to
Section 5404 of the Fixing America's Surface Transportation Act, 2015
(FAST Act), the FMCSA Office of Research will conduct a pilot program
to determine the safety benefits or risks posed by allowing military
service members aged 18, 19, and 20 with specialized training in heavy
vehicle operations to engage in interstate commerce when they are
compared to current entry-level commercial motor vehicle (CMV) drivers
aged 21-24). The pilot program will also seek to compare the safety
benefits or risks of these military licensed drivers under the age of
21 when operating in interstate commerce when compated to current CMV
drivers who are also under the age of 21, but who only operate in
intrastate commerce. All CMV drivers in the study will be required to
meet all Federal Motor Carrier Safety Regulation (FMCSR) requirements
(except age) for operating a CMV in interstate commerce (FMCSR part
383, subparts G and J, require that drivers be tested for knowledge and
skills, and part 391 includes additional qualifications, including
driver medical examinations). FMCSA will grant an exemption from the
regulatory requirement that a Commercial Driver's License (CDL) holder
to be 21 years of age prior to operating in interstate commerce for
participants in the pilot program. The exemption will allow a limited
set of individuals aged 18, 19, and 20 who have received specialized
military training and experience in heavy vehicle operations to
participate in interstate commerce. FMCSA will recruit motor carriers
(carriers) to apply to participate in the pilot program as driver
sponsors. Once approved by FMCSA, carriers will recruit under-21
drivers to participate in the pilot program as ``covered drivers.''
Covered drivers will be required to carry a copy of a letter from FMCSA
to the approved motor carrier and present the letter during inspections
or other encounters with law enforcement. In addition to under-21
drivers with special military training, the program will require that
carriers provide participants in each of two control groups. The first
control group consists of current entry-level CMV drivers (aged 21-24)
who operate in interstate commerce. The second control group consists
of current CMV drivers under 21 who participate
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intrastate in intrastate commerce. Participating motors carriers must
be able to supply control group drivers in numbers matching the study
group (covered) drivers to be employed. Drivers will be required to
submit a background information form, as well as sign an informed
consent form to participate in the pilot program to the carrier, who
will then provide it to the research team. The driver will provide
information about their training and experience, as well as demograpic
data. If admitted to the study, drivers agree to allow the carrier to
send the records on their driving history and their safety performance
to the research team throughout their period of participation. Drivers
may choose to leave the pilot program at any time. For participating
drivers, the research team will collect safety data from the carrier on
a monthly basis, and will perform random checks of participating
drivers' license status via FMCSA's Commercial Driver Licensing
Information System (CDLIS). The research team will send FMCSA a status
report every month highlighting potentially unsafe drivers which FMCSA
may use in conjunction with other data maintained by FMCSA to remove a
participating driver from the pilot program. Pursuant to 49 U.S.C.
31315(c)(3) and 49 CFR 381.515, the FMCSA Administrator has the
authority to immediately revoke the participation of a motor carrier,
CMV, or driver in the Under 21 Military Pilot Program for failure to
comply with the program's terms and conditions. Participation in the
Under 21 Military Pilot Program does not provide for any right,
entitlement, or benefit.
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 OMB and to Congress. More
information about the pilot program is also available via the Privacy
Impact Assessment for the program. The PIA, entitled ``Military Under-
21 Pilot Program'', can be found at: www.transportation.gov/privacy.
SYSTEM NAME AND NUMBER:
Department of Transportation (DOT)/Federal Motor Carrier Safety
Administration (FMCSA) 010, Military Under 21 Pilot Program System of
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in this system are stored electronically by the contractor
research team. Contract information is available by contacting the
Contracting Officer Representative at: 1200 New Jersey Ave. SE,
Washington, DC 20590.
SYSTEM MANAGER(S):
The System Manager is Nicole Michel, Program Manager. 1200 New
Jersey Ave. SE, Washington, DC 20590. Email: Under21Pilot@dot.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 5404 of the Fixing America's Surface Transportation (FAST)
Act (Pub.L. 114-94, Dec. 4, 2015, 49 U.S.C. 31305 note).
PURPOSE(S) OF THE SYSTEM:
The system of records will be used to determine the safety benefits
or risks posed by allowing military service members aged 18, 19, and 20
with specialized training in heavy vehicle operations to engage in
interstate commerce compared to current entry-level CMV drivers aged
21-24 and CMV drivers under 21 who engage in intrastate commerce.
Driver background information will be used to qualify drivers for
participation in the study and allow for continued authorization under
the carrier's exemption. Demographic and driving history information
(miles, hours, shift days, types of vehicles operated, etc.) will be
used to analyze and evaluate effects on safety outcomes. Information
about Safety-critical events (SCEs), such as hard braking or sudden
lane changes that is recorded via an Onboard Monitoring System (OBMS)
or electronic control module recording device, as well as crash data,
moving violations, violations from inspections will be analyzed for all
three groups to determine differences, if any, in safety outcomes of
the participating groups. Information in the system of records may also
be used to remove unsafe drivers from participation in the pilot
program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system of records will include information about individuals
who are 18- to 20-years-old with military driving experience who apply
to operate a CMV in interstate commerce as a part of the pilot program;
21 to 24-year-old CMV drivers who participate in interstate commerce
and volunteer to participate in the pilot program; and 18- to 20-year-
old CMV drivers who participate in intrastate commerce, and agree to
participate in the pilot program.
CATEGORIES OF RECORDS IN THE SYSTEM:
The Military Under 21 pilot will collect, process, transmit, and
store the following types of information:
Military Drivers between 18- and 20-years-old:
From Driver:
[cir] Qualifying Information: military driver's license number
military branch of service and unit Military service dates; and
Commanding Officer's contact information (name, duty station, telephone
number, email, and physical work address (when available)).
All Drivers:
From Driver:
[cir] Contact Information: Name, email, telephone, home address
[cir] Commercial driver's license number
[cir] Demographic Information: Driver's date of birth, and gender.
From Carrier:
[cir] Carrier Information: Carrier name, Carrier USDOT number,
Carrier address, Carrier phone number, and Carrier email address
[cir] Driver's Experience: Training experience, Driving Experience,
Trip-level data on participating drivers (i.e., trip start and end
times, miles traveled, total hours driven, type of truck driven,
starting and ending location); Number of inspections of participating
drivers, and Driver's qualifications (i.e., air brake, air-over-
hydraulic braking, or manual transmission)
[cir] Driving Safety Data: Crash summaries and investigative
documents on crashes involving participating drivers (to include DOT
reportable crashes and non-DOT reportable crashes), Numbers of
violations for participating drivers, Safety critical events
experienced by participating drivers (when available), Number of
motorist incident reports concerning participating drivers.
[cir] Data from Onboard Monitoring System (OBMS) or electronic
control module recording device
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[cir] Disqualifying events: Alcohol-related citation, or failed a
drug test.
Created by DOT
[cir] Randomly-generated participant identification number
RECORD SOURCE CATEGORIES
Records are obtained from motor carriers that volunteer to
participate in the pilot program, individuals who volunteer to
participate in the pilot program, and records retrieved from CDLIS by
the Department.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
System-Specific Routine Uses--None.
DOT General Routine Uses
1. 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.
2. 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.
3. 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.
4. 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, in his/her official
capacity, or (c) Any employee of DOT or any agency thereof, 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.
5. 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, 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. 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).
7. 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.
8. 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.
9. 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.
10. DOT may disclose records from the 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.
11. 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.
12. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism
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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).
13. DOT may disclose records from the 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.
14. DOT may disclose records from the system, as a routine use 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically on a contractor-
maintained cloud storage service.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records will be retrived by carrier name, driver name, CDL number,
or the randomly generated participant ID assigned by the DOT
contractor.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FMCSA is in the process of developing a Records Control
Schedule (RCS) for pilot programs. FMCSA will request disposition
authority for the records from NARA to be held for six months after
cutoff, and to destroyed after 3 years. Until the RCS is approved by
NARA, Military Under 21 CMV Pilot Program records will be retained as
permanent.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DOT safeguards records in this system according to applicable rules
and policies, including all applicable DOT IT systems security and
access policies. DOT has imposed strict controls to minimize the risk
of information being compromised. Access to the records in this system
is limited to those individuals who have a need to know the information
in furtherance of the performance of their official duties, and who
have appropriate clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the System Manager at the address
identified in ``System Manager and Address'' above. If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Departmental Freedom of Information Act Office, U.S. Department of
Transportation, Room W94-122, 1200 New Jersey Ave. SE, Washington, DC
20590, ATTN: FOIA/Privacy Act request.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you may obtain forms for this purpose from the Chief
Freedom of Information Act Officer, http://www.dot.gov/foia or
202.366.4542. In addition you should provide the following:
An explanation of why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Not applicable.
Issued in Washington, DC.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-19135 Filed 9-4-19; 8:45 am]
BILLING CODE 4910-9X-P