Privacy Act of 1974; System of Records Notice, 46655-46658 [E9-21802]

Download as PDF Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices Issued in Washington, DC, on September 3, 2009. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. E9–21853 Filed 9–9–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration erowe on DSK5CLS3C1PROD with NOTICES Air Traffic Procedures Advisory Committee 15:13 Sep 09, 2009 Jkt 217001 Issued in Washington, DC, on September 4, 2009. Richard Jehlen, Executive Director, Air Traffic Procedures Advisory Committee. [FR Doc. E9–21809 Filed 9–9–09; 8:45 am] BILLING CODE 4910–13–P AGENCY: Federal Aviation Administration (FAA), DOT. SUMMARY: The FAA is issuing this notice to advise the public that a meeting of the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATP AC) will be held to review present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. DATES: The meeting will be held Tuesday, October 6, 2009, from 8 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Gaylord National Resort, and Convention Center, 201 Waterfront St. National Harbor MD, 20745. FOR FURTHER INFORMATION CONTACT: Mr. Richard Jehlen, ATP AC Executive Director, 800 Independence Avenue, SW., Washington, DC 20591. Telephone (202) 493–4527. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a) (2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. App.2), notice is hereby given of a meeting of the ATP AC to be held Tuesday, October 6, 2009, from 8 a.m. to 5 p.m. The agenda for this meeting will cover a continuation of the ATPAC’s review of present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. It will also include: 1. Approval of Minutes; 2. Submission and Discussion of Areas of Concern; 3. Discussion of Potential Safety Items; 4. Report from Executive Director; 5. Items of Interest; and 6. Discussion and agreement of location and dates for subsequent meetings. Attendance is open to the interested public but limited to space available. With the approval of the Chairperson, members of the public may present oral statements at the meeting. Persons desiring to attend and persons desiring VerDate Nov<24>2008 to present oral statement should notify Mr. Richard Jehlen no later than September 22, 2009. Any member of the public may present a written statement to the ATP AC at any time at the address given above. DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Privacy Act of 1974; System of Records Notice AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice to alter a Privacy Act system of records. SUMMARY: NHTSA is republishing the Privacy Act system of records notice (SORN) for the Consumer Assistance to Recycle and Save program (CARS program) database system replacing the previously published SORN of July 27, 2009 in order to: (1) Expand the routine uses of records maintained in the system to include sharing complaint records with State Attorneys General and the National Association of Attorneys General (NAAG), for purposes of investigating and prosecuting criminal violations, including fraud associated with the CARS program, and (2) update the system location, storage and retrievability sections of the SORN to reflect the use of word-searchable electronic files (i.e., Excel spreadsheets) to store complaint information, including that to be shared with the State Attorneys General and NAAG. These changes are more thoroughly detailed below and in the accompanying updated Privacy Impact Assessment (PIA) that may be found on the DOT Privacy Web site at http://www.dot.gov/ privacy. DATES: Effective September 10, 2009. The CARS Program is a temporary program covering eligible automobile purchases/leases occurring between July 1, 2009 and November 1, 2009. The Consumer Assistance to Recycle and Save Act of 2009 (the CARS Act), which authorized the CARS Program, requires the Secretary of Transportation, acting through NHTSA, to take steps to identify, prevent and penalize fraud associated with the Program. Since the PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 46655 inception of the CARS Program, NHTSA has received a substantial number of complaints from consumers located nation-wide, including time-sensitive complaints of dealer misconduct associated with the conduct of the Program. In order for these consumer complaints to be investigated and resolved in a timely manner (i.e., while the CARS Program remains operational and before the complaints become moot), NHTSA has sought the assistance of State Attorneys General. For this reason, NHTSA must begin sharing consumer complaint information, including personally identifiable information (PII) of consumers, with State Attorneys General and NAAG prior to completion of a 30-day public notice and comment period under this SORN. NHTSA nonetheless seeks and will accept public comment on this SORN for a 30 day period. Because our ability to consider comments received may be limited, we encourage the earliest possible submission of comments. If feasible, we may publish a further alteration to this SORN in light of any comments received. ADDRESSES: Send comments to Dee Smith, NHTSA Privacy Officer, NHTSA Office of the CIO, NPO–420, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 or dee.smith@dot.gov. FOR FURTHER INFORMATION CONTACT: For privacy issues please contact: Dee Smith, NHTSA Privacy Officer, NHTSA Office of the CIO, NPO–420, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 or dee.smith@dot.gov. SUPPLEMENTARY INFORMATION: I. CARS Program On June 24, 2009, the President signed into law the Consumer Assistance to Recycle and Save Act of 2009 (the CARS Act) (Pub. L. 111–32). The Act establishes, within DOT’s National Highway Traffic Safety Administration (NHTSA), a temporary program under which an owner of a motor vehicle meeting statutorily specified criteria may trade in the vehicle and receive a monetary credit from the dealer toward the purchase or lease of a new motor vehicle meeting statutorily specified criteria (the CARS Program or Program). The Program covers qualifying transactions that occur between July 1, 2009 and November 1, 2009. If all of the conditions of eligibility are met and the dealer provides NHTSA with sufficient documentation relating to the transaction, NHTSA will make an electronic payment to the dealer equal E:\FR\FM\10SEN1.SGM 10SEN1 46656 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES to the amount of the credit extended by the dealer to the consumer, not exceeding the statutorily authorized amount. The dealer must agree to transfer the trade-in vehicle to a salvage auction or disposal facility that will crush or shred it so that it will never be returned to the road, although parts of the vehicle other than the engine block may be sold prior to disposal. Under the Program, NHTSA must collect a variety of information from individuals and entities about qualifying transactions. Vehicle manufacturers must provide data about vehicles and authorized dealers. Dealers must provide information about their business operations and individual financial transactions. Salvage auctions and disposal facilities may be required to provide comparable data about their business operations and information confirming the sale or destruction of trade-in vehicles. This information is required to ensure compliance with the terms of the CARS Act—specifically, to verify that purchasing consumers, new and trade-in vehicles, dealers, salvage auctions and disposal facilities are eligible to participate in the Program; to identify, prevent and penalize fraud; and to confirm appropriate disposal of the trade-in vehicles. Participating car buyers also will be asked to complete a survey about the Program for use in reporting to Congress on the efficacy of the Program, as mandated by the CARS Act. Surveys will be voluntary and anonymous. Additionally, under the Act, NHTSA is required to coordinate with the U.S. Department of Justice (DOJ) to ensure that the National Motor Vehicle Title Information System (NMVTIS) (which is administrated by the American Association of Motor Vehicle Administrators (AAMVA)) is updated appropriately to reflect the disposal of vehicles traded in under the CARS Program. II. CARS Database System In order to support the CARS Program, NHTSA will utilize one or more secure databases (i.e., the CARS Database System) to collect, process and store information about eligible transactions and about car purchasers/ lessees, dealers, salvage auctions and disposal facilities participating in the CARS Program. This information will include Personally Identifiable Information (PII), including financial transaction information of individual car purchasers/lessees, and may include PII about a limited number of salvage auctions and disposal facilities participating in the program, which in some States may be operated by individuals (sole proprietors). VerDate Nov<24>2008 15:13 Sep 09, 2009 Jkt 217001 III. The Privacy Act The Privacy Act (5 U.S.C. 552a) governs the means by which the United States Government collects, maintains, and uses 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 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 individual record subjects can exercise their rights under the Privacy Act (e.g., to determine if the system contains information about them). IV. Privacy Impact Assessment NHTSA is publishing an updated Privacy Impact Assessment (PIA) to coincide with the expansion of the SORN. In accordance with 5 U.S.C. 552a(r), a report on the alteration of this existing system of records has been sent to Congress and to the Office of Management and Budget. SYSTEM NUMBER: DOT/NHTSA 464. SYSTEM NAME: CARS Database System. SECURITY CLASSIFICATION: Sensitive, unclassified. SYSTEM LOCATION: Servers: The Servers hosting the CARS Database System are housed in a contractor-owned facility at Oracle On Demand in Austin, Texas. Portals: This system is accessed via portals located at: • Registered, participating new car dealers via the Internet at http:// www.cars.gov. • NHTSA Headquarters, located at 1200 New Jersey Avenue, and in various of NHTSA’s regional offices and at other off-site locations used in connection with CARS Program. • The off-site facilities of NHTSA and DOT Contractors. Authorized users at NHTSA Headquarters access their records in the CARS Database System via the DOT Intranet. Authorized users at the NHTSA portal locations and at the contractor portal locations access their records in the CARS Database System via the Internet at http://www.cars.gov. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 Some system software is maintained by Oracle On Demand in Austin, Texas. The CARS Database System interfaces with participating new car dealers, and with other DOT systems used to pay the dealers, through that system software, as well as other software maintained by the Federal Aviation Administration’s Enterprise Services Center (ESC) at the Mike Monroney Aeronautical Center, Oklahoma City, OK. Any electronic or hard-copy files containing CARS-related records will be maintained at the pertinent NHTSA, DOT or Contractor portal locations. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The system covers the following individuals: • Individual buyers/lessees of new cars participating in the CARS program. • Sole proprietors of salvage auctions and automobile disposal facilities participating in the CARS program. CATEGORIES OF RECORDS IN THE SYSTEM: • Records about individual car buyers/lessees participating in the CARS Program consist of transaction records containing the following PII data elements: name and address of the purchaser/lessee; the purchaser/lessee’s State driver’s license number or other State identification number; the State driver’s license number or other State identification number of the copurchaser/lessee (if any), as listed in the title; and the Vehicle Identification Number (VIN) of the trade-in vehicle and the VIN of the new vehicle. Depending on the State and content of the sales contract, PII also may be found on the following documents required to be scanned by dealers and entered into the system: Document of title of tradein vehicle (or, in certain States, documentation of paperless title), proof of insurance for trade-in vehicle (cards or letter from insurer), trade-in registration, sales summary sheet, and salvage certificate. • Records about any sole proprietors of salvage auctions and disposal facilities participating in the CARS Program consist of business operation records that may include the following PII elements: Name, home address, telephone number and email address, to the extent that such individuals operate their businesses out of their homes. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Public Law 111–32, 123 Stat. 1859. PURPOSE(S): The purpose for collecting records in the CARS Database System is to implement the CARS Program and E:\FR\FM\10SEN1.SGM 10SEN1 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices ensure compliance with the terms of the CARS Act. Specifically: • NHTSA personnel and contractors use the information that each car dealer enters into the CARS database to verify that purchasing/leasing consumers, new and trade-in vehicles, dealers, salvage auctions and disposal facilities are eligible to participate in the Program. • NHTSA personnel and contractors use information entered into the system to determine if individual transactions satisfy CARS program requirements. • NHTSA personnel and contractors use the system to send information about eligible transaction to a DOT financial management system to process vouchers and cause dealers to be paid by DOT/NHTSA for eligible transactions. • Both to establish eligibility and for audit purposes, NHTSA compares dealer-entered information in the CARS Database System to purchaser/lessee and transactional information already within the system. • NHTSA personnel and contractors and the DOT Inspector General may use information about individual transactions, purchasers/lessees, dealers, salvage auctions and disposal facilities participating in the CARS Program to prevent, identify and investigate program violations and fraud. • NHTSA personnel and contractors will use survey data provided by purchasers/lessees to report to Congress on the efficacy of the Program. erowe on DSK5CLS3C1PROD with NOTICES ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The CARS Database System shares PII about individual purchasers/leasees and their new and trade-in vehicles, and about any sole proprietors of salvage auctions and automobile disposal facilities, as follows: • NHTSA personnel and contractors will use VINs from the system to update DOJ’s NMVTIS database, as required by the CARS Act. • NHTSA personnel and contractors, as well as the DOT Inspector General, may provide to the U.S. Department of Justice, State Attorneys General and the National Association of Attorneys General (NAAG) information about certain transactions, including PII about individual purchasers/lessees and any sole proprietors of salvage auctions and disposal facilities participating in the CARS Program, for purposes of investigating complaints and investigating and prosecuting criminal violations, including fraud. • NHTSA personnel and contractors will provide to States lists of VINs of VerDate Nov<24>2008 15:13 Sep 09, 2009 Jkt 217001 trade-in vehicles for which they issued car titles, for purposes of cancelling the car titles. • Salvage auctions and disposal facilities receive the VIN and voucher transaction code for each trade-in car sent to them for sale or destruction. They include the VIN and code on a certificate that they return to DOT/ NHTSA. Other possible routine uses of the information, applicable to all DOT systems, are published in the Federal Register at 65 FR 19476 (April 11, 2000), under ‘‘Prefatory Statement of General Routine Uses’’ (available at http://www.dot.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: Records are stored in databases, on magnetic tape, on magnetic disk and in secure electronic and hard-copy files at DOT, NHTSA and contractor portal locations, as required. The databases are on servers; the data is typically stored on a Storage Area Network (SAN) and backed-up on tape stored in Oklahoma City, Oklahoma, Kansas City, Kansas and Austin, Texas. Magnetic tape and disk records are maintained at the central maintenance site in Oklahoma City, at the disaster recovery site in Kansas City, and at the remote hosting site in Austin. Storage of electronic or hard-copy file folders is at the geographic location of the pertinent portal location. RETRIEVABILITY: Records related to individual purchasing/leasing consumers participating in the CARS program are retrieved by State identification number (ID). This will be either a State driver’s license and/or another form of State ID (i.e., driver’s permit or standard ID). Complaint records relating to consumers participating in the CARS program also may be retrieved from electronic files (i.e., Excel spreadsheets) by word searches. Records related to any sole proprietors of automobile disposal facilities are retrieved through the use of a unique number given to the proprietors through the Environmental Protection Agency (EPA). The EPA number will be listed on the http:// www.cars.gov Web site for disposal facilities that are authorized to receive CARS vehicles. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 46657 SAFEGUARDS: Access to records in the CARS Database system will be limited to NHTSA personnel and contractors through password security, encryption, firewalls, and secured operating system, except for bank account information and a limited amount of eligible transaction information which will be encrypted and sent securely to DOT’s financial management system for purposes of effecting payments to participating dealers for eligible transactions. Registered dealers entering data into the system will be able to access only records relating to transactions initiated by the same dealer—and not records relating to other transactions entered into the system. Any electronic or hard copies of CARS-related records containing PII at DOT, NHTSA and contractor portal locations will be kept in secure electronic files or in hard-copy file folders locked in secure file cabinets during non-duty hours. RETENTION AND DISPOSAL: Under the CARS Final Rule, records created under the CARS program will be kept for 5 years. Records that are needed longer, such as to resolve claims and audit exceptions and prosecute fraud, will be retained until such matters are resolved. The records may be moved at a future date to one or more different locations in response to the operational needs of DOT, NHTSA, the CARS Program or DOT/NHTSA contractors. SYSTEM MANAGER AND ADDRESS: The CARS Database System Manager (NPO–400), Office of the Chief Information Officer, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. NOTIFICATION PROCEDURE: Individuals or business entities wishing to know if their records appear in this system should direct their requests to the System Manager identified above. RECORD ACCESS PROCEDURE: Individuals seeking access to information about them in this system should follow the same procedure as indicated under ‘‘Notification Procedure.’’ CONTESTING RECORDS PROCEDURE: Individuals seeking to contest the content of information about them in this system should follow the same procedure as indicated under ‘‘Notification Procedure.’’ E:\FR\FM\10SEN1.SGM 10SEN1 46658 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices RECORD SOURCE CATEGORIES: Transaction information pertaining to individual purchasers/lessees is obtained by car dealers, on behalf of NHTSA, directly from the individuals, from source documents the individuals provide (some of which are scanned into the database by the dealer), and/or directly from their new and trade-in cars. Dealers scan and/or enter the information into the CARS database and manually compare the information to the source documents or systems to verify its accuracy. NHTSA personnel and contractors then review the records to ensure accuracy prior to assessing the eligibility of individual transactions. Business operations information about any sole proprietor salvage auctions and disposal facilities is obtained directly from the proprietors. Consumer complaint information is obtained by DOT/NHTSA employees or contractors directly from consumers, including through NHTSA’s CARS Hotline. EXEMPTIONS CLAIMED FOR THIS SYSTEM: None. Dated: September 3, 2009. Habib Azarsina, Departmental Privacy Officer. [FR Doc. E9–21802 Filed 9–9–09; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2009 0071] Requested Administrative Waiver of the Coastwise Trade Laws erowe on DSK5CLS3C1PROD with NOTICES AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel WOJTAN. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2009– 0071 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 VerDate Nov<24>2008 15:13 Sep 09, 2009 Jkt 217001 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before October 13, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0071. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel WOJTAN is: Intended Use: ‘‘I intend to use the vessel to give sailing tours, and to give people the opportunity to experience and participate in sailing.’’ Geographic Region: ‘‘This will be done on Kachamak Bay out of Homer, Alaska.’’ Privacy Act Anyone is able to search the electronic form of all comments received into 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 DOT’s complete Privacy Act Statement in the Federal Register PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78). Dated: August 31, 2009. By Order of the Maritime Administrator. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. E9–21815 Filed 9–9–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Senior Executive Service; Public Debt Performance Review Board (PRB) AGENCY: Bureau of the Public Debt, Treasury. ACTION: Notice of members of Public Debt Performance Review Board. SUMMARY: This notice announces the appointment of the members of the Public Debt Performance Review Board (PRB) for the Bureau of the Public Debt (BPD). The PRB reviews the performance appraisals of career senior executives who are below the level of Assistant Commissioner/Executive Director and who are not assigned to the Office of the Commissioner in BPD. The PRB makes recommendations regarding proposed performance appraisals, ratings, bonuses, pay adjustments, and other appropriate personnel actions. DATES: The membership on the Public Debt PRB as described in the Notice is effective on September 10, 2009 FOR FURTHER INFORMATION CONTACT: Angela Jones, Director, Human Resources Division, Office of Management Services, BPD, (304) 480– 8302. SUPPLEMENTARY INFORMATION: Pursuant to 5 U.S.C. 4314(c)(4), this Notice announces the appointment of the following primary and alternate members to the Public Debt PRB: Primary Members: Anita Shandor, Deputy Commissioner, Office of the Commissioner, BPD; Kimberly A. McCoy, Assistant Commissioner, Office of Information Technology, BPD; Cynthia Z. Springer, Executive Director, Administrative Resource Center, BPD. Alternate Members: Dara Seaman, Assistant Commissioner, Office of Financing, BPD. Van Zeck, Commissioner. [FR Doc. E9–21858 Filed 9–9–09; 8:45 am] BILLING CODE 4810–39–P E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46655-46658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21802]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Privacy Act of 1974; System of Records Notice

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice to alter a Privacy Act system of records.

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

SUMMARY: NHTSA is republishing the Privacy Act system of records notice 
(SORN) for the Consumer Assistance to Recycle and Save program (CARS 
program) database system replacing the previously published SORN of 
July 27, 2009 in order to: (1) Expand the routine uses of records 
maintained in the system to include sharing complaint records with 
State Attorneys General and the National Association of Attorneys 
General (NAAG), for purposes of investigating and prosecuting criminal 
violations, including fraud associated with the CARS program, and (2) 
update the system location, storage and retrievability sections of the 
SORN to reflect the use of word-searchable electronic files (i.e., 
Excel spreadsheets) to store complaint information, including that to 
be shared with the State Attorneys General and NAAG. These changes are 
more thoroughly detailed below and in the accompanying updated Privacy 
Impact Assessment (PIA) that may be found on the DOT Privacy Web site 
at http://www.dot.gov/privacy.

DATES: Effective September 10, 2009. The CARS Program is a temporary 
program covering eligible automobile purchases/leases occurring between 
July 1, 2009 and November 1, 2009. The Consumer Assistance to Recycle 
and Save Act of 2009 (the CARS Act), which authorized the CARS Program, 
requires the Secretary of Transportation, acting through NHTSA, to take 
steps to identify, prevent and penalize fraud associated with the 
Program. Since the inception of the CARS Program, NHTSA has received a 
substantial number of complaints from consumers located nation-wide, 
including time-sensitive complaints of dealer misconduct associated 
with the conduct of the Program. In order for these consumer complaints 
to be investigated and resolved in a timely manner (i.e., while the 
CARS Program remains operational and before the complaints become 
moot), NHTSA has sought the assistance of State Attorneys General. For 
this reason, NHTSA must begin sharing consumer complaint information, 
including personally identifiable information (PII) of consumers, with 
State Attorneys General and NAAG prior to completion of a 30-day public 
notice and comment period under this SORN. NHTSA nonetheless seeks and 
will accept public comment on this SORN for a 30 day period. Because 
our ability to consider comments received may be limited, we encourage 
the earliest possible submission of comments. If feasible, we may 
publish a further alteration to this SORN in light of any comments 
received.

ADDRESSES: Send comments to Dee Smith, NHTSA Privacy Officer, NHTSA 
Office of the CIO, NPO-420, U.S. Department of Transportation, 1200 New 
Jersey Avenue, SE., Washington, DC 20590 or dee.smith@dot.gov.

FOR FURTHER INFORMATION CONTACT: For privacy issues please contact: Dee 
Smith, NHTSA Privacy Officer, NHTSA Office of the CIO, NPO-420, U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Washington, 
DC 20590 or dee.smith@dot.gov.

SUPPLEMENTARY INFORMATION:

I. CARS Program

    On June 24, 2009, the President signed into law the Consumer 
Assistance to Recycle and Save Act of 2009 (the CARS Act) (Pub. L. 111-
32). The Act establishes, within DOT's National Highway Traffic Safety 
Administration (NHTSA), a temporary program under which an owner of a 
motor vehicle meeting statutorily specified criteria may trade in the 
vehicle and receive a monetary credit from the dealer toward the 
purchase or lease of a new motor vehicle meeting statutorily specified 
criteria (the CARS Program or Program).
    The Program covers qualifying transactions that occur between July 
1, 2009 and November 1, 2009. If all of the conditions of eligibility 
are met and the dealer provides NHTSA with sufficient documentation 
relating to the transaction, NHTSA will make an electronic payment to 
the dealer equal

[[Page 46656]]

to the amount of the credit extended by the dealer to the consumer, not 
exceeding the statutorily authorized amount. The dealer must agree to 
transfer the trade-in vehicle to a salvage auction or disposal facility 
that will crush or shred it so that it will never be returned to the 
road, although parts of the vehicle other than the engine block may be 
sold prior to disposal.
    Under the Program, NHTSA must collect a variety of information from 
individuals and entities about qualifying transactions. Vehicle 
manufacturers must provide data about vehicles and authorized dealers. 
Dealers must provide information about their business operations and 
individual financial transactions. Salvage auctions and disposal 
facilities may be required to provide comparable data about their 
business operations and information confirming the sale or destruction 
of trade-in vehicles. This information is required to ensure compliance 
with the terms of the CARS Act--specifically, to verify that purchasing 
consumers, new and trade-in vehicles, dealers, salvage auctions and 
disposal facilities are eligible to participate in the Program; to 
identify, prevent and penalize fraud; and to confirm appropriate 
disposal of the trade-in vehicles. Participating car buyers also will 
be asked to complete a survey about the Program for use in reporting to 
Congress on the efficacy of the Program, as mandated by the CARS Act. 
Surveys will be voluntary and anonymous. Additionally, under the Act, 
NHTSA is required to coordinate with the U.S. Department of Justice 
(DOJ) to ensure that the National Motor Vehicle Title Information 
System (NMVTIS) (which is administrated by the American Association of 
Motor Vehicle Administrators (AAMVA)) is updated appropriately to 
reflect the disposal of vehicles traded in under the CARS Program.

II. CARS Database System

    In order to support the CARS Program, NHTSA will utilize one or 
more secure databases (i.e., the CARS Database System) to collect, 
process and store information about eligible transactions and about car 
purchasers/lessees, dealers, salvage auctions and disposal facilities 
participating in the CARS Program. This information will include 
Personally Identifiable Information (PII), including financial 
transaction information of individual car purchasers/lessees, and may 
include PII about a limited number of salvage auctions and disposal 
facilities participating in the program, which in some States may be 
operated by individuals (sole proprietors).

III. The Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the 
United States Government collects, maintains, and uses 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 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 individual 
record subjects can exercise their rights under the Privacy Act (e.g., 
to determine if the system contains information about them).

IV. Privacy Impact Assessment

    NHTSA is publishing an updated Privacy Impact Assessment (PIA) to 
coincide with the expansion of the SORN.
    In accordance with 5 U.S.C. 552a(r), a report on the alteration of 
this existing system of records has been sent to Congress and to the 
Office of Management and Budget.
SYSTEM NUMBER:
    DOT/NHTSA 464.

SYSTEM NAME:
    CARS Database System.

SECURITY CLASSIFICATION:
    Sensitive, unclassified.

SYSTEM LOCATION:
    Servers: The Servers hosting the CARS Database System are housed in 
a contractor-owned facility at Oracle On Demand in Austin, Texas.
    Portals: This system is accessed via portals located at:
     Registered, participating new car dealers via the Internet 
at http://www.cars.gov.
     NHTSA Headquarters, located at 1200 New Jersey Avenue, and 
in various of NHTSA's regional offices and at other off-site locations 
used in connection with CARS Program.
     The off-site facilities of NHTSA and DOT Contractors.
    Authorized users at NHTSA Headquarters access their records in the 
CARS Database System via the DOT Intranet. Authorized users at the 
NHTSA portal locations and at the contractor portal locations access 
their records in the CARS Database System via the Internet at http://www.cars.gov.
    Some system software is maintained by Oracle On Demand in Austin, 
Texas. The CARS Database System interfaces with participating new car 
dealers, and with other DOT systems used to pay the dealers, through 
that system software, as well as other software maintained by the 
Federal Aviation Administration's Enterprise Services Center (ESC) at 
the Mike Monroney Aeronautical Center, Oklahoma City, OK.
    Any electronic or hard-copy files containing CARS-related records 
will be maintained at the pertinent NHTSA, DOT or Contractor portal 
locations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers the following individuals:
     Individual buyers/lessees of new cars participating in the 
CARS program.
     Sole proprietors of salvage auctions and automobile 
disposal facilities participating in the CARS program.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Records about individual car buyers/lessees participating 
in the CARS Program consist of transaction records containing the 
following PII data elements: name and address of the purchaser/lessee; 
the purchaser/lessee's State driver's license number or other State 
identification number; the State driver's license number or other State 
identification number of the co-purchaser/lessee (if any), as listed in 
the title; and the Vehicle Identification Number (VIN) of the trade-in 
vehicle and the VIN of the new vehicle. Depending on the State and 
content of the sales contract, PII also may be found on the following 
documents required to be scanned by dealers and entered into the 
system: Document of title of trade-in vehicle (or, in certain States, 
documentation of paperless title), proof of insurance for trade-in 
vehicle (cards or letter from insurer), trade-in registration, sales 
summary sheet, and salvage certificate.
     Records about any sole proprietors of salvage auctions and 
disposal facilities participating in the CARS Program consist of 
business operation records that may include the following PII elements: 
Name, home address, telephone number and email address, to the extent 
that such individuals operate their businesses out of their homes.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-32, 123 Stat. 1859.

PURPOSE(S):
    The purpose for collecting records in the CARS Database System is 
to implement the CARS Program and

[[Page 46657]]

ensure compliance with the terms of the CARS Act. Specifically:
     NHTSA personnel and contractors use the information that 
each car dealer enters into the CARS database to verify that 
purchasing/leasing consumers, new and trade-in vehicles, dealers, 
salvage auctions and disposal facilities are eligible to participate in 
the Program.
     NHTSA personnel and contractors use information entered 
into the system to determine if individual transactions satisfy CARS 
program requirements.
     NHTSA personnel and contractors use the system to send 
information about eligible transaction to a DOT financial management 
system to process vouchers and cause dealers to be paid by DOT/NHTSA 
for eligible transactions.
     Both to establish eligibility and for audit purposes, 
NHTSA compares dealer-entered information in the CARS Database System 
to purchaser/lessee and transactional information already within the 
system.
     NHTSA personnel and contractors and the DOT Inspector 
General may use information about individual transactions, purchasers/
lessees, dealers, salvage auctions and disposal facilities 
participating in the CARS Program to prevent, identify and investigate 
program violations and fraud.
     NHTSA personnel and contractors will use survey data 
provided by purchasers/lessees to report to Congress on the efficacy of 
the Program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The CARS Database System shares PII about individual purchasers/
leasees and their new and trade-in vehicles, and about any sole 
proprietors of salvage auctions and automobile disposal facilities, as 
follows:
     NHTSA personnel and contractors will use VINs from the 
system to update DOJ's NMVTIS database, as required by the CARS Act.
     NHTSA personnel and contractors, as well as the DOT 
Inspector General, may provide to the U.S. Department of Justice, State 
Attorneys General and the National Association of Attorneys General 
(NAAG) information about certain transactions, including PII about 
individual purchasers/lessees and any sole proprietors of salvage 
auctions and disposal facilities participating in the CARS Program, for 
purposes of investigating complaints and investigating and prosecuting 
criminal violations, including fraud.
     NHTSA personnel and contractors will provide to States 
lists of VINs of trade-in vehicles for which they issued car titles, 
for purposes of cancelling the car titles.
     Salvage auctions and disposal facilities receive the VIN 
and voucher transaction code for each trade-in car sent to them for 
sale or destruction. They include the VIN and code on a certificate 
that they return to DOT/NHTSA.
    Other possible routine uses of the information, applicable to all 
DOT systems, are published in the Federal Register at 65 FR 19476 
(April 11, 2000), under ``Prefatory Statement of General Routine Uses'' 
(available at http://www.dot.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:
    Records are stored in databases, on magnetic tape, on magnetic disk 
and in secure electronic and hard-copy files at DOT, NHTSA and 
contractor portal locations, as required. The databases are on servers; 
the data is typically stored on a Storage Area Network (SAN) and 
backed-up on tape stored in Oklahoma City, Oklahoma, Kansas City, 
Kansas and Austin, Texas. Magnetic tape and disk records are maintained 
at the central maintenance site in Oklahoma City, at the disaster 
recovery site in Kansas City, and at the remote hosting site in Austin. 
Storage of electronic or hard-copy file folders is at the geographic 
location of the pertinent portal location.

RETRIEVABILITY:
    Records related to individual purchasing/leasing consumers 
participating in the CARS program are retrieved by State identification 
number (ID). This will be either a State driver's license and/or 
another form of State ID (i.e., driver's permit or standard ID). 
Complaint records relating to consumers participating in the CARS 
program also may be retrieved from electronic files (i.e., Excel 
spreadsheets) by word searches.
    Records related to any sole proprietors of automobile disposal 
facilities are retrieved through the use of a unique number given to 
the proprietors through the Environmental Protection Agency (EPA). The 
EPA number will be listed on the http://www.cars.gov Web site for 
disposal facilities that are authorized to receive CARS vehicles.

SAFEGUARDS:
    Access to records in the CARS Database system will be limited to 
NHTSA personnel and contractors through password security, encryption, 
firewalls, and secured operating system, except for bank account 
information and a limited amount of eligible transaction information 
which will be encrypted and sent securely to DOT's financial management 
system for purposes of effecting payments to participating dealers for 
eligible transactions.
    Registered dealers entering data into the system will be able to 
access only records relating to transactions initiated by the same 
dealer--and not records relating to other transactions entered into the 
system.
    Any electronic or hard copies of CARS-related records containing 
PII at DOT, NHTSA and contractor portal locations will be kept in 
secure electronic files or in hard-copy file folders locked in secure 
file cabinets during non-duty hours.

RETENTION AND DISPOSAL:
    Under the CARS Final Rule, records created under the CARS program 
will be kept for 5 years. Records that are needed longer, such as to 
resolve claims and audit exceptions and prosecute fraud, will be 
retained until such matters are resolved.
    The records may be moved at a future date to one or more different 
locations in response to the operational needs of DOT, NHTSA, the CARS 
Program or DOT/NHTSA contractors.

SYSTEM MANAGER AND ADDRESS:
    The CARS Database System Manager (NPO-400), Office of the Chief 
Information Officer, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

NOTIFICATION PROCEDURE:
    Individuals or business entities wishing to know if their records 
appear in this system should direct their requests to the System 
Manager identified above.

RECORD ACCESS PROCEDURE:
    Individuals seeking access to information about them in this system 
should follow the same procedure as indicated under ``Notification 
Procedure.''

CONTESTING RECORDS PROCEDURE:
    Individuals seeking to contest the content of information about 
them in this system should follow the same procedure as indicated under 
``Notification Procedure.''

[[Page 46658]]

RECORD SOURCE CATEGORIES:
    Transaction information pertaining to individual purchasers/lessees 
is obtained by car dealers, on behalf of NHTSA, directly from the 
individuals, from source documents the individuals provide (some of 
which are scanned into the database by the dealer), and/or directly 
from their new and trade-in cars. Dealers scan and/or enter the 
information into the CARS database and manually compare the information 
to the source documents or systems to verify its accuracy. NHTSA 
personnel and contractors then review the records to ensure accuracy 
prior to assessing the eligibility of individual transactions.
    Business operations information about any sole proprietor salvage 
auctions and disposal facilities is obtained directly from the 
proprietors.
    Consumer complaint information is obtained by DOT/NHTSA employees 
or contractors directly from consumers, including through NHTSA's CARS 
Hotline.

EXEMPTIONS CLAIMED FOR THIS SYSTEM:
    None.

    Dated: September 3, 2009.
Habib Azarsina,
Departmental Privacy Officer.
[FR Doc. E9-21802 Filed 9-9-09; 8:45 am]
BILLING CODE 4910-9X-P