Policy on Availability of Information From the Commercial Driver's License Information System, 2454-2455 [05-669]

Download as PDF 2454 Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices Lender (202) 267–8029, Office of Rulemaking (ARM–1), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85 and 11.91. altitude allowable after engine rotorburst. [FR Doc. 05–751 Filed 1–12–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2005–06] Issued in Washington, DC, on January 7, 2005. Anthony F. Fazio, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2004–19090. Petitioner: 4/Flight Industries. AGENCY: Federal Aviation Sections of 14 CFR Affected: 14 CFR Administration (FAA), DOT. 21.325(b)(3) and 21.601(c). ACTION: Notice of petition for exemption Description of Relief Sought: To allow received. the petitioner to issue export SUMMARY: Pursuant to FAA’s rulemaking airworthiness approvals for their product manufactured and located at provisions governing the application, their facility in Montreal, Canada. The processing, and disposition of petitions exemption would also permit issuance for exemption, part 11 of Title 14, Code of Technical Standard Order (TSO) of Federal Regulations (14 CFR), this authorizations for products notice contains a summary of certain manufactured at facilities located petitions seeking relief from specified requirements of 14 CFR. The purpose of outside the United States. [FR Doc. 05–753 Filed 1–12–05; 8:45 am] this notice is to improve the public’s BILLING CODE 4910–13–P awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information DEPARTMENT OF TRANSPORTATION in the summary is intended to affect the Federal Aviation Administration legal status of any petition or its final disposition. Aviation Rulemaking Advisory DATES: Comments on petitions received Committee Meeting on Rotorcraft must identify the petition docket Issues number involved and must be received AGENCY: Federal Aviation on or before February 2, 2005. Administration (FAA), DOT. ADDRESSES: You may submit comments ACTION: Notice of public meeting. identified by DOT DMS Docket Number FAA–2004–19090 by any of the SUMMARY: This notice announces a following methods: public meeting of the FAA’s Aviation • Web Site: https://dms.dot.gov. Rulemaking Advisory Committee to Follow the instructions for submitting discuss rotorcraft issues. comments on the DOT electronic docket DATES: The meeting will be held on site. February 7, 2005, 10:15 a.m. to 12:15 • Fax: 1–202–493–2251. p.m. P.s.t. • Mail: Docket Management Facility; ADDRESSES: The meeting will be held at U.S. Department of Transportation, 400 the Anaheim Convention Center, Room Seventh Street, SW., Nassif Building, 207–B, 800 West Katella Avenue, Room PL–401, Washington, DC 20590– Anaheim, CA 92802, phone (714) 765– 0001. 8950. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, FOR FURTHER INFORMATION CONTACT: 400 Seventh Street, SW., Washington, Angela Anderson, Office of Rulemaking, DC, between 9 a.m. and 5 p.m., Monday ARM–200, FAA, 800 Independence through Friday, except Federal holidays. Avenue, SW, Washington, DC 20591, Docket: For access to the docket to telephone (202) 267–9681. read background documents or SUPPLEMENTARY INFORMATION: The comments received, go to https:// referenced meeting is announced dms.dot.gov at any time or to Room PL– pursuant to Section 10(a)(2) of the 401 on the plaza level of the Nassif Federal Advisory Committee Act (Pub. Building, 400 Seventh Street, SW., L. 92–463; 5 U.S.C. App. II). Washington, DC, between 9 a.m. and 5 The agenda will include: p.m., Monday through Friday, except a. Discussion and approval of the Federal holidays. Fatigue Tolerance Evaluation of Metallic FOR FURTHER INFORMATION CONTACT: John Structures proposed Regulatory and Advisory Circular material package. Linsenmeyer (202) 267–5174 or Susan Petitions for Exemption; Summary of Petitions Received VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 b. Working Group Status Report: Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structure. c. FAA Status Report: Performance and Handling Qualities Requirements Notice of Proposed Rulemaking. Attendance is open to the public but will be limited to the space available. The public must make arrangements to present oral statements at the meeting. Written statements may be presented to the committee at any time by providing 16 copies to the Assistant Chair or by providing the copies at the meeting. Approximately thirty days after the meeting, minutes will be available on the FAA Web site at https://www.faa.gov/ avr/arm/arac/calendarxml.cfm?nav=6. If you are in need of assistance or require a reasonable accommodation for the meeting, please contact the person listed under the heading FOR FURTHER INFORMATION CONTACT. In addition, sign and oral interpretation, as well as a listening device, can be made available at the meeting if requested 10 calendar days before the meeting. You may make arrangements by contacting the person listed under the heading FOR FURTHER INFORMATION CONTACT. If you are unable to attend the meeting, you can access it by telephoning 817–222–4871, pass code 5359#. Issued in Washington, DC, on January 7, 2004. Anthony F. Fazio, Executive Director, Aviation Rulemaking Advisory Committee. [FR Doc. 05–658 Filed 1–12–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–15015] Policy on Availability of Information From the Commercial Driver’s License Information System Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of policy. AGENCY: SUMMARY: As required by the Transportation Equity Act for the 21st Century (TEA–21), this document informs the public of FMCSA’s policy regarding access to information in the Commercial Driver’s License Information System (CDLIS) by other Federal agencies. EFFECTIVE DATE: This policy is effective January 13, 2005. E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices FOR FURTHER INFORMATION CONTACT: Carol Gore, (202) 366–4013, Office of Safety Programs, Federal Motor Carrier Safety Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Section 12007(e) of the Commercial Motor Vehicle Safety Act (CMVSA) of 1986 (Pub. L. 99–570) specified four entities authorized to access information from CDLIS. These entities were the Secretary of Transportation, the States, an employer or prospective employer of a person who operates a commercial motor vehicle (CMV), and a person who operates a CMV for an employer that owns or leases a CMV or assigns employees to operate a CMV (49 U.S.C. § 31309(e)). This provision remained in effect until Congress passed TEA–21 (Pub. L. 105–85) and revised the access provision through sections 4004(a) and 4011(d) (5) (codified at 49 U.S.C. 31106(e) and 31309(c), respectively). Sections 4004(a) and 4011(d)(5) of TEA– 21 expanded CDLIS access by requiring the Secretary of Transportation to develop a policy on making information available from CDLIS. The policy must conform to existing Federal information laws and regulations. Privacy Act Applicability The Privacy Act of 1974 (Pub. L. 93– 579, as amended) regulates Federal information system practices regarding the collection, maintenance, dissemination and use of records by Federal executive branch agencies. CDLIS is not a Federal ‘‘system of records,’’ as defined by the Privacy Act because the records in CDLIS are not controlled by FMCSA. Federal agencies obtaining access to CDLIS records may be subject to the Privacy Act, if they establish a system of records with the information obtained from CDLIS. Such agencies may also need to provide a process for review and correction of those records. Availability of Information From CDLIS Section 12007(c) of the CMVSA directed the Secretary to establish an information system, now known as CDLIS, to exchange commercial driver licensing information among all the States. CDLIS includes the databases of fifty-one licensing jurisdictions and the CDLIS Central Site, all connected by a telecommunications network. The CDL program was designed based on these fundamental principles—that no person who operates a commercial motor vehicle shall at any time have more than one driver’s license, that one license shall contain that person’s complete driving record, and that the VerDate jul<14>2003 17:46 Jan 12, 2005 Jkt 205001 licensing State shall be notified of any convictions of violations of any motor vehicle control laws in any other State. CDLIS supports these principles by providing the Central Site, the telecommunications network, and the operating protocols States need to exchange commercial license, conviction and safety information on individual CDL drivers. Drivers who wish to review and, if necessary, correct information about them in CDLIS must contact the State agency that issued their license. FMCSA Policy on Availability of Information From CDLIS It is FMCSA’s policy that another Federal agency may request access to information in CDLIS by written submission to FMCSA’s Chief Safety Officer. In the request, the applicant must state the legal basis and the need for access to CDLIS. A Federal agency will be required to execute a Memorandum of Understanding (MOU) with the Department of Transportation and/or FMCSA before access to CDLIS data will be provided. Issued on: January 7, 2005. Annette M. Sandberg, Administrator. [FR Doc. 05–669 Filed 1–12–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Safety Advisory 2005–01; Position of Switches in Non-Signaled Territory Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of safety advisory. AGENCY: SUMMARY: FRA is issuing Safety Advisory 2005–01 to advise all railroads to review their operating rules and take certain other action necessary to ensure that train crews who operate manual (hand-operated) main track switches in non-signaled territory restore the switches to their normal position after use. FRA intends this advisory to reduce the risk of serious injury or death both to railroad employees and the general public due to not restoring such switches to their normal position after use. FOR FURTHER INFORMATION CONTACT: Douglas H. Taylor, Staff Director, Operating Practices Division, Office of Safety Assurance and Compliance, FRA, 1120 Vermont Avenue, NW., RRS–11, PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 2455 Mail Stop 25, Washington, DC 20590 (telephone (202) 493–6255). SUPPLEMENTARY INFORMATION: Factual Background A review of FRA’s accident/incident data shows that, overall, the safety of rail transportation continues to improve. However, FRA has particular concern that recent accidents on Class I railroads in non-signaled territory were caused, or apparently caused, by the failure of railroad employees to return manual (hand-operated) main track switches to their normal position, i.e., lined for the main track, after use. As a result, rather than continuing their intended movement on the main track, trains approaching these switches in a facingpoint direction were unexpectedly diverted from the main track onto the diverging route, and consequently derailed. Most recently: • On January 8, 2005, a Burlington Northern and Santa Fe Railway Company (BNSF) freight train was unexpectedly diverted onto an industrial track in Bieber, California. The BNSF train struck two loaded grain cars, derailing seven locomotives and 14 cars. Two railroad employees were injured. Initial damages to equipment and track are in excess of $970,000. • On January 6, 2005, a Norfolk Southern Railway Company (NS) freight train was apparently unexpectedly diverted from the main track onto an industrial lead in Graniteville, South Carolina. The NS train struck a standing train on the industrial lead, derailing three locomotives and 16 cars. One of the derailed cars that contained chlorine ruptured and released product. As a result, eight citizens and one railroad employee were killed, 5,400 local residents remain evacuated, and 234 people have sought medical treatment. The National Transportation Safety Board (NTSB) began its investigation immediately and will not make its findings of probable cause for some time. FRA has representatives at the site assisting in the investigation. By stating here its preliminary impression of what may have contributed to this tragic accident, FRA in no way intends to supersede the NTSB’s thorough and painstaking efforts that will ultimately lead to its official findings of cause. FRA’s regulations (49 CFR part 217) require each railroad to instruct its employees on the meaning and application of its code of operating rules, and to periodically test its employees to determine their level of compliance. Railroad operating rules provide that the normal position for a main track switch is lined and locked for movement on the main track. E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2454-2455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-669]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-15015]


Policy on Availability of Information From the Commercial 
Driver's License Information System

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of policy.

-----------------------------------------------------------------------

SUMMARY: As required by the Transportation Equity Act for the 21st 
Century (TEA-21), this document informs the public of FMCSA's policy 
regarding access to information in the Commercial Driver's License 
Information System (CDLIS) by other Federal agencies.

EFFECTIVE DATE: This policy is effective January 13, 2005.

[[Page 2455]]


FOR FURTHER INFORMATION CONTACT: Carol Gore, (202) 366-4013, Office of 
Safety Programs, Federal Motor Carrier Safety Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: Section 12007(e) of the Commercial Motor 
Vehicle Safety Act (CMVSA) of 1986 (Pub. L. 99-570) specified four 
entities authorized to access information from CDLIS. These entities 
were the Secretary of Transportation, the States, an employer or 
prospective employer of a person who operates a commercial motor 
vehicle (CMV), and a person who operates a CMV for an employer that 
owns or leases a CMV or assigns employees to operate a CMV (49 U.S.C. 
Sec.  31309(e)). This provision remained in effect until Congress 
passed TEA-21 (Pub. L. 105-85) and revised the access provision through 
sections 4004(a) and 4011(d) (5) (codified at 49 U.S.C. 31106(e) and 
31309(c), respectively). Sections 4004(a) and 4011(d)(5) of TEA-21 
expanded CDLIS access by requiring the Secretary of Transportation to 
develop a policy on making information available from CDLIS. The policy 
must conform to existing Federal information laws and regulations.

Privacy Act Applicability

    The Privacy Act of 1974 (Pub. L. 93-579, as amended) regulates 
Federal information system practices regarding the collection, 
maintenance, dissemination and use of records by Federal executive 
branch agencies. CDLIS is not a Federal ``system of records,'' as 
defined by the Privacy Act because the records in CDLIS are not 
controlled by FMCSA. Federal agencies obtaining access to CDLIS records 
may be subject to the Privacy Act, if they establish a system of 
records with the information obtained from CDLIS. Such agencies may 
also need to provide a process for review and correction of those 
records.

Availability of Information From CDLIS

    Section 12007(c) of the CMVSA directed the Secretary to establish 
an information system, now known as CDLIS, to exchange commercial 
driver licensing information among all the States. CDLIS includes the 
databases of fifty-one licensing jurisdictions and the CDLIS Central 
Site, all connected by a telecommunications network.
    The CDL program was designed based on these fundamental 
principles--that no person who operates a commercial motor vehicle 
shall at any time have more than one driver's license, that one license 
shall contain that person's complete driving record, and that the 
licensing State shall be notified of any convictions of violations of 
any motor vehicle control laws in any other State. CDLIS supports these 
principles by providing the Central Site, the telecommunications 
network, and the operating protocols States need to exchange commercial 
license, conviction and safety information on individual CDL drivers. 
Drivers who wish to review and, if necessary, correct information about 
them in CDLIS must contact the State agency that issued their license.

FMCSA Policy on Availability of Information From CDLIS

    It is FMCSA's policy that another Federal agency may request access 
to information in CDLIS by written submission to FMCSA's Chief Safety 
Officer. In the request, the applicant must state the legal basis and 
the need for access to CDLIS. A Federal agency will be required to 
execute a Memorandum of Understanding (MOU) with the Department of 
Transportation and/or FMCSA before access to CDLIS data will be 
provided.

    Issued on: January 7, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-669 Filed 1-12-05; 8:45 am]
BILLING CODE 4910-EX-P

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