Privacy Act of 1974; System of Records Notice, 10554-10557 [2010-4811]
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10554
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
https://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kenna Sinclair, ANM–113, (425) 227–
1556, Federal Aviation Administration,
1601 Lind Avenue, SW., Renton, WA
98057–3356, or Brenda Sexton, (202–
267–3664), Office of Rulemaking (ARM–
204), Federal Aviation Administration,
800 Independence Avenue, SW.,
Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on March 2,
2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
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Petition for Exemption
Docket No.: FAA–2009–1247.
Petitioner: Embraer.
Section of 14 CFR Affected: §§ 26.11,
26.33, 26.35, 26.43, 26.45, and 26.49, 14
CFR 26.
Description of Relief Sought: The
petitioner seeks relief from part 26 for
Embraer Model EMB–135J airplanes.
These airplanes’ maximum payload
capacities and passenger capacities are
below those specified for transport
category airplanes. However, since this
model is on the same type certification
data sheet (TCDS) as the original
Embraer Model EMB–135/EMB–145
airplanes, it is subject to the part 26
rule.
[FR Doc. 2010–4788 Filed 3–5–10; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
Dakota, Missouri Valley & Western
Railroad
[Waiver Petition Docket Number FRA–2009–
0091]
The Dakota, Missouri Valley &
Western Railroad (DMVW) hereby
petitions FRA for a waiver from
replacing rails with rail end vertical
split head type defects 4″ or less in size.
These defects are rail ends only and are
confined within the area of the joint
bars. These rails are located on Class I
track and the train speed is 10 mph. The
line does not have passenger service.
DMVW will inspect these defects with
their normal inspections but will not
note each one separately.
Besides the elevators, DMVW serves
the Coal Creek Power Station who
provides power for eastern North
Dakota, and much of Minnesota. DMVW
also serves the Blue Flint Ethanol Plant
which provides alternative fuel sources.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2009–
0091) and may be submitted by any of
the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
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Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or at https://www.dot.gov/
privacy.html.
Issued in Washington, DC on March 3,
2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 2010–4868 Filed 3–5–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Privacy Act of 1974; System of
Records Notice
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA) Department of
Transportation (DOT).
ACTION: Notice to establish a new system
of records.
SUMMARY: FMCSA proposes to establish
a system of records under the Privacy
Act of 1974 (5 U.S.C. 552a) for its PreEmployment Screening Program (PSP),
as required by 49 U.S.C. 31150. The
system of records will make crash and
inspection data about commercial motor
vehicle (CMV) drivers rapidly available
to CMV drivers (operator-applicants)
and prospective employers of those
drivers (motor carriers), via a secure
Internet site, as an alternative to
requiring them to submit a Freedom of
Information Act (FOIA) request or
Privacy Act request to FMCSA for the
data.
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Operator-applicants and motor
carriers must pay a fee to access data in
PSP, but use of PSP is optional. Motor
carriers may continue to request the
information from FMCSA under FOIA,
and operator-applicants may continue to
receive their own safety performance
data free of charge by submitting a
Privacy Act request to FMCSA.
The PSP system will be administered
by a FMCSA contractor, National
Information Consortium Technologies,
LLC (NIC). The PSP contractor will not
be authorized to provide data to any
persons other than motor carriers, for
pre-employment screening purposes,
and operator-applicants, as required in
section 31150 (b)(3). A data request from
any other person (e.g., a law firm) will
be treated as a FOIA request by FMCSA.
FMCSA will perform audits of the PSP
contractor to ensure performance,
privacy and security objectives are being
met. The PSP system will only allow
operator-applicants to access their own
data, and will only allow motor carriers
to access an individual operatorapplicant’s data if the motor carrier
certifies the data is for pre-employment
screening and that it has obtained the
operator-applicant’s written consent.
The system of records is more
thoroughly detailed below and in the
Privacy Impact Assessment (PIA) that
can be found on the DOT Privacy Web
site at https://www.dot.gov/privacy.
DATES: Effective April 7, 2010. Written
comments should be submitted on or
before the effective date. FMCSA may
publish an amended SORN in light of
any comments received.
ADDRESSES: Send comments to Pam
Gosier-Cox, FMCSA Privacy Officer,
FMCSA Office of Information
Technology, MC–RI, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590 or
pam.gosier.cox@dot.gov.
FOR FURTHER INFORMATION CONTACT: For
privacy issues please contact: Pam
Gosier-Cox, FMCSA Privacy Officer,
FMCSA Office of Information
Technology, MC–RI, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590 or
pam.gosier.cox@dot.gov.
SUPPLEMENTARY INFORMATION:
I. The PSP Program
Section 31150 of title 49, U.S. Code
(USC), titled ‘‘Safety performance
history screening’’ as added by section
4117(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU),
Public Law 109–59, 119 Stat. 1144,
1728–1729, August 10, 2005, requires
FMCSA to provide persons conducting
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pre-employment screening services for
the motor carrier industry electronic
with access to the following reports
contained in FMCSA’s Motor Carrier
Management Information System
(MCMIS):
(1) Commercial motor vehicle
accident reports.
(2) Inspection reports that contain no
driver-related safety violations.
(3) Serious driver-related safety
violation inspection reports.
FMCSA designed PSP to satisfy the
requirements of 49 U.S.C. 31150 and to
meet the following performance, privacy
and security objectives:
• Provide driver-related MCMIS crash
and inspection data electronically, via a
secure Internet site, for a fee, and in a
timely and professional manner;
• Allow operator-applicants to access
their own data upon written or
electronic request, and allow motor
carriers to access an operator-applicant’s
data, for pre-employment screening
purposes, with the operator-applicant’s
written or electronic consent;
• Maintain, handle, store, and
distribute the data in PSP in accordance
with 49 U.S.C. 31150 and applicable
laws, regulations and policies; and
• Provide a redress procedure by
which an operator-applicant can seek to
correct inaccurate information in PSP,
via the DataQs system currently
maintained by FMCSA.
II. The Privacy Act
The Privacy Act (5 USC 552a) governs
the means by which the United States
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).
IV. Privacy Impact Assessment
FMCSA is publishing a Privacy
Impact Assessment (PIA) to coincide
with the publication of this SORN. In
accordance with 5 USC 552a(r), a report
on the establishment of this system of
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records has been sent to Congress and
to the Office of Management and
Budget.
System Number:
DOT/FMCSA 007
SYSTEM NAME:
Pre-Employment Screening Program
(PSP).
SECURITY CLASSIFICATION:
Unclassified, Sensitive.
SYSTEM LOCATION:
• NIC Primary Data Center
AT&T Data Center, Ashburn, VA
20147.
• NIC Secondary Data Center
AT&T Data Center, Allen, TX 75013.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM OF RECORDS:
PSP will include personally
identifiable information (PII) pertaining
to CMV, as defined by 49 CFR 390.5,
drivers (referred to herein as operatorapplicants).
CATEGORIES OF RECORDS IN PSP:
PSP will contain the following
categories of records, in separate
databases:
1. CMV crash and inspection records.
Each month, FMCSA will provide the
PSP contractor with a current MCMIS
data extract containing the most recent
five (5) years’ crash data and the most
recent three (3) years’ inspection
information. The MCMIS data extract in
PSP will include the following PII data
elements, all of which will be
encrypted:
• CMV driver name (last, first, middle
initial)
• CMV driver date of birth
• CMV driver license number
• CMV driver license state
2. Financial transaction records. The
PSP system will contain records of
payments processed by the contractor,
NIC, to collect fees charged to motor
carriers and operator-applicants for
accessing crash and inspection data in
PSP. The financial transaction records
will include the following PII data
elements, which will be encrypted (and,
in some cases, truncated):
• Credit card holder name
• Credit card account number
• Account holder address
Card Verification Value Code (CVV)
numbers will be temporarily captured
by the system but will not be retained
or stored in PSP.
3. Access transaction records. The
PSP system will contain records of all
access transactions processed over the
PSP Web site. Access transaction
records will include the following PII
data elements, which will be encrypted:
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices
• CMV driver name (last, first, middle
initial)
• CMV driver date of birth
• CMV driver license number
• CMV driver license State
• CMV driver address.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
STORAGE:
49 U.S.C. 31150, as added by section
4117 of Public Law 109–59 [Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU)].
Records will be stored in secure
database servers, and data will be
backed up on a Storage Area Network
(SAN) in encrypted/truncated form. Any
paper records received or required for
purposes of processing data requests
will be stored in secure file folders at
NIC’s Primary Data Center.
PURPOSE(S):
Authorized DOT/FMSCA staff and
contractor personnel will use the
following PII in PSP for the following
purposes:
• To provide system support and
maintenance for PSP.
• To make CMV crash and inspection
records available to operator-applicants
and motor carriers upon receipt of
validated access requests and fee
payments.
• To process credit card payments
and collect fees for the requested access
transactions.
• To create a historical record of PSP
usage for accounting and compliance
audit purposes.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF USE:
The PSP system will share PII outside
DOT as follows:
• Authorized motor carriers may
access an individual’s operatorapplicant’s crash and inspection data in
PSP with the operator-applicant’s
written consent and payment of a fee.
• Validated operator-applicants may
access their own crash and inspection
data in PSP upon written request and
payment of a fee.
• When an operator-applicant makes
a request for his or her own data from
PSP, the FMCSA contractor will request
that the operator-applicant provide his
or her full name, date of birth, driver
license number, driver license state and
current address to verify the identity of
the operator-applicant and this
information will be transmitted to the
Validation Authority of the FMCSA
contractor (e.g. Lexis-Nexis) to verify
and validate the individual operatorapplicant requesting access to his or her
own inspection and crash data.
• Other possible routine uses of the
information, applicable to all DOT
Privacy Act systems of records, are
published in the Federal Register at 65
FR 19476 (April 11, 2000), under
‘‘Prefatory Statement of General Routine
Uses’’ (available at https://www.dot.gov/
privacy/privacyactnoties/).
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None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS:
RETRIEVABILITY:
CMV crash and inspection records in
the PSP database will be retrieved by
using the operator-applicant’s last name,
license number, and license state.
Additional operator-applicant
information (e.g., date of birth, first
name, and middle initial) will be used
to confirm the accuracy of the search.
ACCESSIBILITY (INCLUDING SAFEGUARDS):
All records in PSP will be protected
from unauthorized access through
appropriate administrative, physical
and technical safeguards. Electronic
files will be stored in a database secured
by password security, encryption,
firewalls, and secured operating
systems, to which only authorized NIC
or DOT/FMCSA personnel will have
access, on a need-to-know basis. Paper
files will be stored in file cabinets in a
locked file room to which only
authorized NIC and DOT/FMCSA
personnel will have access, on a needto-know basis. All access to the
electronic system and paper files will be
logged and monitored. NIC will be
subject to routine audits of the PSP
program by FMCSA to ensure
compliance with the Privacy Act,
applicable sections of the Fair Credit
Reporting Act and other applicable
Federal laws, regulations, or other
requirements.
Access by external users (operatorapplicants and motor carriers) will be
restricted within the system based upon
the user’s role as an authorized motor
carrier or validated operator-applicant.
An authorized motor carrier and
validated operator-applicant is an entity
or person who has been provided a
unique user identification and password
by NIC and must use the unique
identification and password to access
data in PSP. External users will be able
to query the CMV crash and inspection
database only (the financial transaction
database and access request database
cannot be externally queried). NIC will
provide users with an advisory
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statement that authorized motor carriers
could be subject to criminal penalties
and other sanctions under 18 U.S.C.
1001 for misuse of the PSP system.
In order for a motor carrier to receive
an individual operator-applicant’s crash
and inspection data, the motor carrier
must certify, for each request, under
penalty of perjury, that the request is for
pre-employment purposes only and that
written consent of the operatorapplicant has been obtained. Upon
completion of certification, the NIC will
send a notification to the motor carrier
that the individual operator-applicant
data is available on secure Web site. The
motor carrier will access this
individual’s information by entering a
unique identification and password.
Motor carriers will be required to
maintain each operator-applicant’s
signed, written consent form for five (5)
years. Motor carriers are subject to
random audits from NIC and/or FMCSA
to ensure that written consent of
operator-applicants was obtained.
The PSP system also allows validated
operator-applicants to access their own
crash and inspection data upon written
or electronic request. Upon receipt of an
operator-applicant’s request, NIC will
validate the identity of the requestor
(operator-applicant) by using his or her
full name, date of birth, driver license
number, driver license state and current
address against a validation authority.
All PII data elements will be
encrypted in the PSP system, as more
fully described under the heading
‘‘Categories of Records in PSP.’’
RETENTION AND DISPOSAL:
1. CMV crash and inspection records:
Pursuant to General Records Schedule
(GRS) 20 (‘‘Electronic Records,’’
February 2008, see https://
www.archives.gov/records-mgmt/ardor/
grs20.html), governing extract files, each
monthly MCMIS extract in PSP is
deleted approximately three (3) months
after being superseded by a current
MCMIS extract, unless needed longer
for administrative, legal, audit or other
operational purposes.
2. Financial transaction records:
Credit card information is encrypted/
truncated and retained for 30 days.
3. Access transaction records: PSP
transaction records are retained for a
period of five years.
SYSTEM MANAGER CONTACT INFORMATION:
PSP System Manager: Arlene D.
Thompson; Office of Information
Technology; Federal Motor Carrier
Safety Administration; U.S. Department
of Transportation; 1200 New Jersey
Avenue, SE., W65–319; Washington, DC
20590.
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MCMIS System Manager: Heshmat
Ansari, PhD; Division Chief, IT
Development Division; Office of
Information Technology; Federal Motor
Carrier Safety Administration; U.S.
Department of Transportation; 1200
New Jersey Avenue, SE., W68–330;
Washington, DC 20590.
Freedom of Information Act (FOIA)
Office: Federal Motor Carrier Safety
Administration Attn: FOIA Team MC–
MMI; DIR Officer, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Notification Procedure: Individual
operator-applicants wishing to know if
their inspection and crash records
appear in this system may directly
access the PSP system or make a request
in writing to the PSP System Manager
identified under ‘‘System Manager
Contact Information.’’ Individual
operator-applicants wishing to know if
their transaction records and credit card
information appear in this system may
make a written request to the following
address:
NIC Technologies, Inc., 1477 Chain
Bridge Road, Suite 101, McLean, VA
22101.
RECORD ACCESS PROCEDURES:
Individual operator-applicants
seeking access to information about
them in this system may directly access
the PSP system or apply to the PSP
System Manager or the FMCSA FOIA
Office identified under ‘‘System
Manager Contact Information.’’
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the
content of information about them in
this system should apply to the System
Manager for either PSP or MCMIS by
following the same procedures as
indicated under ‘‘Notification
Procedure.’’ Individuals may also submit
a data challenge to DataQs by logging
into the DataQs Web site
(https://dataqs.fmcsa.dot.gov/login.asp).
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RECORD SOURCE CATEGORIES:
1. CMV crash and inspection records:
All commercial driver crash and
inspection data in PSP is received from
a monthly MCMIS data extract. The
MCMIS SORN identifies the source(s) of
the information in MCMIS.
2. Financial transaction records:
Credit card information pertaining to an
individual card holder (i.e., operatorapplicant) is obtained directly from the
card holder, who is responsible for
entering it accurately on the PSP Web
site.
3. Access transaction records: An
audit trail of those entities or persons
that accessed the PSP (i.e. authorized
motor carriers or validated operator-
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applicants) is automatically created
when requests are initiated and when
data is released by NIC.
These records are internal documents
to be used by NIC and FMCSA for
auditing, monitoring and compliance
purposes.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: March 2, 2010.
Habib Azarsina,
Departmental Privacy Officer, 202–366–1965.
[FR Doc. 2010–4811 Filed 3–5–10; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designations, Foreign
Narcotics Kingpin Designation Act
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the names of 31
individuals and 47 entities whose
property and interests in property have
been blocked pursuant to the Foreign
Narcotics Kingpin Designation Act
(‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8
U.S.C. 1182).
DATES: The designation by the Director
of OFAC of the 31 individuals and 47
entities identified in this notice
pursuant to section 805(b) of the
Kingpin Act is effective on March 2,
2010.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available on OFAC’s Web site (https://
www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on demand
service, tel.: (202) 622–0077.
Background
The Kingpin Act became law on
December 3, 1999. The Kingpin Act
establishes a program targeting the
activities of significant foreign narcotics
traffickers and their organizations on a
worldwide basis. It provides a statutory
framework for the President to impose
sanctions against significant foreign
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10557
narcotics traffickers and their
organizations on a worldwide basis,
with the objective of denying their
businesses and agents access to the U.S.
financial system and the benefits of
trade and transactions involving U.S.
companies and individuals.
The Kingpin Act blocks all property
and interests in property, subject to U.S.
jurisdiction, owned or controlled by
significant foreign narcotics traffickers
as identified by the President. In
addition, the Secretary of the Treasury
consults with the Attorney General, the
Director of the Central Intelligence
Agency, the Director of the Federal
Bureau of Investigation, the
Administrator of the Drug Enforcement
Administration, the Secretary of
Defense, the Secretary of State, and the
Secretary of Homeland Security when
designating and blocking the property
and interests in property, subject to U.S.
jurisdiction, of persons who are found
to be: (1) Materially assisting in, or
providing financial or technological
support for or to, or providing goods or
services in support of, the international
narcotics trafficking activities of a
person designated pursuant to the
Kingpin Act; (2) owned, controlled, or
directed by, or acting for or on behalf of,
a person designated pursuant to the
Kingpin Act; or (3) playing a significant
role in international narcotics
trafficking.
On March 2, 2010, the Director of
OFAC designated 31 individuals and 47
entities whose property and interests in
property are blocked pursuant to section
805(b) of the Foreign Narcotics Kingpin
Designation Act.
The list of additional designees is as
follows:
1. AGROGANADERA LA
FORTALEZA, Finca La Fortaleza,
Monterrey, Meta, Colombia; Transversal
25 No. 41A–05, Villavicencio,
Colombia; Matricula Mercantil No
158119 (Colombia) [SDNTK].
2. AGROVET EL REMANSO, Carrera
35A No. 17B–05 Sur, Bogota, Colombia;
Carrera 86 Sur No. 24A–19 Bdg. 79 L–
3, Bogota, Colombia; Matricula
Mercantil No 1095044 (Colombia)
[SDNTK].
3. AGUILAR AGUILAR Y CIA. LTDA.,
Carrera 70H No. 127A–26, Bogota,
Colombia; NIT # 900039614–6
(Colombia) [SDNTK].
4. AGUILAR ALVAREZ Y CIA.
LTDA., Carrera 35 No. 34B–37 of. 20T,
Villavicencio, Colombia; NIT #
830122743–9 (Colombia) [SDNTK].
5. AGUILAR DUARTE, Jose Lenoir, c/
o AGUILAR AGUILAR Y CIA. LTDA.,
Bogota, Colombia; c/o AGUILAR
ALVAREZ Y CIA. LTDA., Villavicencio,
Colombia; c/o CARILLANCA
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Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10554-10557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4811]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Privacy Act of 1974; System of Records Notice
AGENCY: Federal Motor Carrier Safety Administration (FMCSA) Department
of Transportation (DOT).
ACTION: Notice to establish a new system of records.
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SUMMARY: FMCSA proposes to establish a system of records under the
Privacy Act of 1974 (5 U.S.C. 552a) for its Pre-Employment Screening
Program (PSP), as required by 49 U.S.C. 31150. The system of records
will make crash and inspection data about commercial motor vehicle
(CMV) drivers rapidly available to CMV drivers (operator-applicants)
and prospective employers of those drivers (motor carriers), via a
secure Internet site, as an alternative to requiring them to submit a
Freedom of Information Act (FOIA) request or Privacy Act request to
FMCSA for the data.
[[Page 10555]]
Operator-applicants and motor carriers must pay a fee to access
data in PSP, but use of PSP is optional. Motor carriers may continue to
request the information from FMCSA under FOIA, and operator-applicants
may continue to receive their own safety performance data free of
charge by submitting a Privacy Act request to FMCSA.
The PSP system will be administered by a FMCSA contractor, National
Information Consortium Technologies, LLC (NIC). The PSP contractor will
not be authorized to provide data to any persons other than motor
carriers, for pre-employment screening purposes, and operator-
applicants, as required in section 31150 (b)(3). A data request from
any other person (e.g., a law firm) will be treated as a FOIA request
by FMCSA. FMCSA will perform audits of the PSP contractor to ensure
performance, privacy and security objectives are being met. The PSP
system will only allow operator-applicants to access their own data,
and will only allow motor carriers to access an individual operator-
applicant's data if the motor carrier certifies the data is for pre-
employment screening and that it has obtained the operator-applicant's
written consent. The system of records is more thoroughly detailed
below and in the Privacy Impact Assessment (PIA) that can be found on
the DOT Privacy Web site at https://www.dot.gov/privacy.
DATES: Effective April 7, 2010. Written comments should be submitted on
or before the effective date. FMCSA may publish an amended SORN in
light of any comments received.
ADDRESSES: Send comments to Pam Gosier-Cox, FMCSA Privacy Officer,
FMCSA Office of Information Technology, MC-RI, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590 or
pam.gosier.cox@dot.gov.
FOR FURTHER INFORMATION CONTACT: For privacy issues please contact: Pam
Gosier-Cox, FMCSA Privacy Officer, FMCSA Office of Information
Technology, MC-RI, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590 or pam.gosier.cox@dot.gov.
SUPPLEMENTARY INFORMATION:
I. The PSP Program
Section 31150 of title 49, U.S. Code (USC), titled ``Safety
performance history screening'' as added by section 4117(a) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1144, 1728-
1729, August 10, 2005, requires FMCSA to provide persons conducting
pre-employment screening services for the motor carrier industry
electronic with access to the following reports contained in FMCSA's
Motor Carrier Management Information System (MCMIS):
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety
violations.
(3) Serious driver-related safety violation inspection reports.
FMCSA designed PSP to satisfy the requirements of 49 U.S.C. 31150
and to meet the following performance, privacy and security objectives:
Provide driver-related MCMIS crash and inspection data
electronically, via a secure Internet site, for a fee, and in a timely
and professional manner;
Allow operator-applicants to access their own data upon
written or electronic request, and allow motor carriers to access an
operator-applicant's data, for pre-employment screening purposes, with
the operator-applicant's written or electronic consent;
Maintain, handle, store, and distribute the data in PSP in
accordance with 49 U.S.C. 31150 and applicable laws, regulations and
policies; and
Provide a redress procedure by which an operator-applicant
can seek to correct inaccurate information in PSP, via the DataQs
system currently maintained by FMCSA.
II. The Privacy Act
The Privacy Act (5 USC 552a) governs the means by which the United
States 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).
IV. Privacy Impact Assessment
FMCSA is publishing a Privacy Impact Assessment (PIA) to coincide
with the publication of this SORN. In accordance with 5 USC 552a(r), a
report on the establishment of this system of records has been sent to
Congress and to the Office of Management and Budget.
System Number:
DOT/FMCSA 007
System Name:
Pre-Employment Screening Program (PSP).
Security Classification:
Unclassified, Sensitive.
System Location:
NIC Primary Data Center
AT&T Data Center, Ashburn, VA 20147.
NIC Secondary Data Center
AT&T Data Center, Allen, TX 75013.
Categories of Individuals Covered by the System of Records:
PSP will include personally identifiable information (PII)
pertaining to CMV, as defined by 49 CFR 390.5, drivers (referred to
herein as operator-applicants).
Categories of Records in PSP:
PSP will contain the following categories of records, in separate
databases:
1. CMV crash and inspection records. Each month, FMCSA will provide
the PSP contractor with a current MCMIS data extract containing the
most recent five (5) years' crash data and the most recent three (3)
years' inspection information. The MCMIS data extract in PSP will
include the following PII data elements, all of which will be
encrypted:
CMV driver name (last, first, middle initial)
CMV driver date of birth
CMV driver license number
CMV driver license state
2. Financial transaction records. The PSP system will contain
records of payments processed by the contractor, NIC, to collect fees
charged to motor carriers and operator-applicants for accessing crash
and inspection data in PSP. The financial transaction records will
include the following PII data elements, which will be encrypted (and,
in some cases, truncated):
Credit card holder name
Credit card account number
Account holder address
Card Verification Value Code (CVV) numbers will be temporarily
captured by the system but will not be retained or stored in PSP.
3. Access transaction records. The PSP system will contain records
of all access transactions processed over the PSP Web site. Access
transaction records will include the following PII data elements, which
will be encrypted:
[[Page 10556]]
CMV driver name (last, first, middle initial)
CMV driver date of birth
CMV driver license number
CMV driver license State
CMV driver address.
Authority for Maintenance of the System:
49 U.S.C. 31150, as added by section 4117 of Public Law 109-59
[Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU)].
Purpose(s):
Authorized DOT/FMSCA staff and contractor personnel will use the
following PII in PSP for the following purposes:
To provide system support and maintenance for PSP.
To make CMV crash and inspection records available to
operator-applicants and motor carriers upon receipt of validated access
requests and fee payments.
To process credit card payments and collect fees for the
requested access transactions.
To create a historical record of PSP usage for accounting
and compliance audit purposes.
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Use:
The PSP system will share PII outside DOT as follows:
Authorized motor carriers may access an individual's
operator-applicant's crash and inspection data in PSP with the
operator-applicant's written consent and payment of a fee.
Validated operator-applicants may access their own crash
and inspection data in PSP upon written request and payment of a fee.
When an operator-applicant makes a request for his or her
own data from PSP, the FMCSA contractor will request that the operator-
applicant provide his or her full name, date of birth, driver license
number, driver license state and current address to verify the identity
of the operator-applicant and this information will be transmitted to
the Validation Authority of the FMCSA contractor (e.g. Lexis-Nexis) to
verify and validate the individual operator-applicant requesting access
to his or her own inspection and crash data.
Other possible routine uses of the information, applicable
to all DOT Privacy Act systems of records, are published in the Federal
Register at 65 FR 19476 (April 11, 2000), under ``Prefatory Statement
of General Routine Uses'' (available at https://www.dot.gov/privacy/privacyactnoties/).
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records:
Storage:
Records will be stored in secure database servers, and data will be
backed up on a Storage Area Network (SAN) in encrypted/truncated form.
Any paper records received or required for purposes of processing data
requests will be stored in secure file folders at NIC's Primary Data
Center.
Retrievability:
CMV crash and inspection records in the PSP database will be
retrieved by using the operator-applicant's last name, license number,
and license state. Additional operator-applicant information (e.g.,
date of birth, first name, and middle initial) will be used to confirm
the accuracy of the search.
Accessibility (Including Safeguards):
All records in PSP will be protected from unauthorized access
through appropriate administrative, physical and technical safeguards.
Electronic files will be stored in a database secured by password
security, encryption, firewalls, and secured operating systems, to
which only authorized NIC or DOT/FMCSA personnel will have access, on a
need-to-know basis. Paper files will be stored in file cabinets in a
locked file room to which only authorized NIC and DOT/FMCSA personnel
will have access, on a need-to-know basis. All access to the electronic
system and paper files will be logged and monitored. NIC will be
subject to routine audits of the PSP program by FMCSA to ensure
compliance with the Privacy Act, applicable sections of the Fair Credit
Reporting Act and other applicable Federal laws, regulations, or other
requirements.
Access by external users (operator-applicants and motor carriers)
will be restricted within the system based upon the user's role as an
authorized motor carrier or validated operator-applicant. An authorized
motor carrier and validated operator-applicant is an entity or person
who has been provided a unique user identification and password by NIC
and must use the unique identification and password to access data in
PSP. External users will be able to query the CMV crash and inspection
database only (the financial transaction database and access request
database cannot be externally queried). NIC will provide users with an
advisory statement that authorized motor carriers could be subject to
criminal penalties and other sanctions under 18 U.S.C. 1001 for misuse
of the PSP system.
In order for a motor carrier to receive an individual operator-
applicant's crash and inspection data, the motor carrier must certify,
for each request, under penalty of perjury, that the request is for
pre-employment purposes only and that written consent of the operator-
applicant has been obtained. Upon completion of certification, the NIC
will send a notification to the motor carrier that the individual
operator-applicant data is available on secure Web site. The motor
carrier will access this individual's information by entering a unique
identification and password. Motor carriers will be required to
maintain each operator-applicant's signed, written consent form for
five (5) years. Motor carriers are subject to random audits from NIC
and/or FMCSA to ensure that written consent of operator-applicants was
obtained.
The PSP system also allows validated operator-applicants to access
their own crash and inspection data upon written or electronic request.
Upon receipt of an operator-applicant's request, NIC will validate the
identity of the requestor (operator-applicant) by using his or her full
name, date of birth, driver license number, driver license state and
current address against a validation authority.
All PII data elements will be encrypted in the PSP system, as more
fully described under the heading ``Categories of Records in PSP.''
Retention and Disposal:
1. CMV crash and inspection records: Pursuant to General Records
Schedule (GRS) 20 (``Electronic Records,'' February 2008, see https://www.archives.gov/records-mgmt/ardor/grs20.html), governing extract
files, each monthly MCMIS extract in PSP is deleted approximately three
(3) months after being superseded by a current MCMIS extract, unless
needed longer for administrative, legal, audit or other operational
purposes.
2. Financial transaction records: Credit card information is
encrypted/truncated and retained for 30 days.
3. Access transaction records: PSP transaction records are retained
for a period of five years.
System Manager Contact Information:
PSP System Manager: Arlene D. Thompson; Office of Information
Technology; Federal Motor Carrier Safety Administration; U.S.
Department of Transportation; 1200 New Jersey Avenue, SE., W65-319;
Washington, DC 20590.
[[Page 10557]]
MCMIS System Manager: Heshmat Ansari, PhD; Division Chief, IT
Development Division; Office of Information Technology; Federal Motor
Carrier Safety Administration; U.S. Department of Transportation; 1200
New Jersey Avenue, SE., W68-330; Washington, DC 20590.
Freedom of Information Act (FOIA) Office: Federal Motor Carrier
Safety Administration Attn: FOIA Team MC-MMI; DIR Officer, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Notification Procedure: Individual operator-applicants wishing to
know if their inspection and crash records appear in this system may
directly access the PSP system or make a request in writing to the PSP
System Manager identified under ``System Manager Contact Information.''
Individual operator-applicants wishing to know if their transaction
records and credit card information appear in this system may make a
written request to the following address:
NIC Technologies, Inc., 1477 Chain Bridge Road, Suite 101, McLean,
VA 22101.
Record Access Procedures:
Individual operator-applicants seeking access to information about
them in this system may directly access the PSP system or apply to the
PSP System Manager or the FMCSA FOIA Office identified under ``System
Manager Contact Information.''
Contesting Record Procedures:
Individuals seeking to contest the content of information about
them in this system should apply to the System Manager for either PSP
or MCMIS by following the same procedures as indicated under
``Notification Procedure.'' Individuals may also submit a data
challenge to DataQs by logging into the DataQs Web site (https://dataqs.fmcsa.dot.gov/login.asp).
Record Source Categories:
1. CMV crash and inspection records: All commercial driver crash
and inspection data in PSP is received from a monthly MCMIS data
extract. The MCMIS SORN identifies the source(s) of the information in
MCMIS.
2. Financial transaction records: Credit card information
pertaining to an individual card holder (i.e., operator-applicant) is
obtained directly from the card holder, who is responsible for entering
it accurately on the PSP Web site.
3. Access transaction records: An audit trail of those entities or
persons that accessed the PSP (i.e. authorized motor carriers or
validated operator-applicants) is automatically created when requests
are initiated and when data is released by NIC.
These records are internal documents to be used by NIC and FMCSA
for auditing, monitoring and compliance purposes.
Exemptions Claimed for the System:
None.
Dated: March 2, 2010.
Habib Azarsina,
Departmental Privacy Officer, 202-366-1965.
[FR Doc. 2010-4811 Filed 3-5-10; 8:45 am]
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