Privacy Act of 1974; System of Records; DOT/FMCSA-011; Military Under 21 Pilot Program System of Records, 46779-46782 [2019-19135]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46779-46782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19135]



[[Page 46779]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2019-0103]


Privacy Act of 1974; System of Records; DOT/FMCSA-011; Military 
Under 21 Pilot Program System of Records

AGENCY: Federal Motor Carrier Safety Administration, Department of 
Transportation.

ACTION: Notice of a New System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Transportation proposes to issue a new Department of Transportation 
system of records titled, ``Department of Transportation Federal Motor 
Carrier Safety Administration-011--Military Under 21 Pilot Program 
System of Records.'' FMCSA is required by Section 5404 of the Fixing 
America's Surface Transportation Act, 2015 (FAST Act), to conduct a 
pilot program to allow 18- to 20-year-old persons with military driving 
experience to operate CMVs in interstate commerce. The pilot program 
seeks to determine the safety benefits or risks posed by military 
service members aged 18, 19, and 20 with specialized training in heavy 
vehicle operations operating a freight-carrying CMV in interstate 
commerce as compared to current entry-level commercial motor vehicle 
drivers aged 21-24 when operating a freight-carrying CMV in interstate 
commerce. The goal of this pilot program is to determine whether the 
group of under-21 military CDL holders operating in interstate commerce 
have similar or better safety performance outcomes than the 21-24 year 
old entry level drivers operating in interstate commerce.
    The information collected as part of the pilot program is necessary 
to: (1) Determine the eligibility of drivers to participate in the 
pilot program; (2) effectively implement and monitor the pilot program, 
given that participating under-21 military drivers will be 
participating with an exemption; (3) contact drivers if necessary 
throughout the pilot program (e.g., for follow-on questions or 
clarification on data), and (4) to conduct analysis on the safety 
performance of the participating drivers and make safety decisions 
accordingly. Specific details concerning eligibility for pilot program 
participation were previously published at 81 FR 56745 (September 21, 
2016); 83 FR 31631 (July 6, 2018); and 83 FR 60950 (November 27, 2018). 
Pursuant to 49 U.S.C. 31315(c)(3) and 49 CFR 381.515, the FMCSA 
Administrator has the authority to immediately revoke the participation 
of a motor carrier, CMV, or driver in the Under 21 Military Pilot 
Program for failure to comply with the program's terms and conditions. 
Participation in the Under 21 Military Pilot Program does not provide 
for any right, entitlement, or benefit.

DATES: Written comments must be submitted on or before October 7, 2019. 
The modified system will be effective immediately with the exception of 
the modified routine use which will be effective October 7, 2019.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2019-0103 by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov
    Fax: (202) 493-2251.
     Mail: Department of Transportation Docket Management, Room 
W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590.
    Instructions: You must include the agency name and docket number, 
DOT-OST-2019-0057. All comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, to www.regulations.gov. In order to 
facilitate comment tracking and response, we encourage commenters to 
provide their name, or the name of their organization; however, 
submission of names is completely optional. Whether or not commenters 
identify themselves, all timely comments will be fully considered. If 
you wish to provide comments containing proprietary or confidential 
information, please contact the agency for alternate submission 
instructions.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing 
dockets.

FOR FURTHER INFORMATION CONTACT: For system-related questions please 
contact: Nicole Michel, Program Manager. 1200 New Jersey Ave SE, 
Washington, DC 20590. Email: [email protected], Tel. (202) 366-
4354.
    For general and privacy questions, please contact: Claire W. 
Barrett, Departmental Chief Privacy Officer, Department of 
Transportation, S-81, Washington, DC 20590, Email: [email protected], 
Tel. (202) 366-8135.

SUPPLEMENTARY INFORMATION: 
    Background: The U.S. Department of Transportation's (DOT) Federal 
Motor Carrier Safety Administration (FMCSA) core mission is to reduce 
commercial motor vehicle-related crashes and fatalities. Pursuant to 
Section 5404 of the Fixing America's Surface Transportation Act, 2015 
(FAST Act), the FMCSA Office of Research will conduct a pilot program 
to determine the safety benefits or risks posed by allowing military 
service members aged 18, 19, and 20 with specialized training in heavy 
vehicle operations to engage in interstate commerce when they are 
compared to current entry-level commercial motor vehicle (CMV) drivers 
aged 21-24). The pilot program will also seek to compare the safety 
benefits or risks of these military licensed drivers under the age of 
21 when operating in interstate commerce when compated to current CMV 
drivers who are also under the age of 21, but who only operate in 
intrastate commerce. All CMV drivers in the study will be required to 
meet all Federal Motor Carrier Safety Regulation (FMCSR) requirements 
(except age) for operating a CMV in interstate commerce (FMCSR part 
383, subparts G and J, require that drivers be tested for knowledge and 
skills, and part 391 includes additional qualifications, including 
driver medical examinations). FMCSA will grant an exemption from the 
regulatory requirement that a Commercial Driver's License (CDL) holder 
to be 21 years of age prior to operating in interstate commerce for 
participants in the pilot program. The exemption will allow a limited 
set of individuals aged 18, 19, and 20 who have received specialized 
military training and experience in heavy vehicle operations to 
participate in interstate commerce. FMCSA will recruit motor carriers 
(carriers) to apply to participate in the pilot program as driver 
sponsors. Once approved by FMCSA, carriers will recruit under-21 
drivers to participate in the pilot program as ``covered drivers.'' 
Covered drivers will be required to carry a copy of a letter from FMCSA 
to the approved motor carrier and present the letter during inspections 
or other encounters with law enforcement. In addition to under-21 
drivers with special military training, the program will require that 
carriers provide participants in each of two control groups. The first 
control group consists of current entry-level CMV drivers (aged 21-24) 
who operate in interstate commerce. The second control group consists 
of current CMV drivers under 21 who participate

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intrastate in intrastate commerce. Participating motors carriers must 
be able to supply control group drivers in numbers matching the study 
group (covered) drivers to be employed. Drivers will be required to 
submit a background information form, as well as sign an informed 
consent form to participate in the pilot program to the carrier, who 
will then provide it to the research team. The driver will provide 
information about their training and experience, as well as demograpic 
data. If admitted to the study, drivers agree to allow the carrier to 
send the records on their driving history and their safety performance 
to the research team throughout their period of participation. Drivers 
may choose to leave the pilot program at any time. For participating 
drivers, the research team will collect safety data from the carrier on 
a monthly basis, and will perform random checks of participating 
drivers' license status via FMCSA's Commercial Driver Licensing 
Information System (CDLIS). The research team will send FMCSA a status 
report every month highlighting potentially unsafe drivers which FMCSA 
may use in conjunction with other data maintained by FMCSA to remove a 
participating driver from the pilot program. Pursuant to 49 U.S.C. 
31315(c)(3) and 49 CFR 381.515, the FMCSA Administrator has the 
authority to immediately revoke the participation of a motor carrier, 
CMV, or driver in the Under 21 Military Pilot Program for failure to 
comply with the program's terms and conditions. Participation in the 
Under 21 Military Pilot Program does not provide for any right, 
entitlement, or benefit.
    Privacy Act: The Privacy Act (5 U.S.C. 552a) governs the means by 
which the Federal Government collects, maintains, and uses personally 
identifiable information (PII) in a System of Records. A ``System of 
Records'' is a group of any records under the control of a Federal 
agency from which information about individuals is retrieved by name or 
other personal identifier. The Privacy Act requires each agency to 
publish in the Federal Register a System of Records notice (SORN) 
identifying and describing each System of Records the agency maintains, 
including the purposes for which the agency uses PII in the system, the 
routine uses for which the agency discloses such information outside 
the agency, and how individuals to whom a Privacy Act record pertains 
can exercise their rights under the Privacy Act (e.g., to determine if 
the system contains information about them and to contest inaccurate 
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a 
report of this system of records to the OMB and to Congress. More 
information about the pilot program is also available via the Privacy 
Impact Assessment for the program. The PIA, entitled ``Military Under-
21 Pilot Program'', can be found at: www.transportation.gov/privacy.
SYSTEM NAME AND NUMBER:
    Department of Transportation (DOT)/Federal Motor Carrier Safety 
Administration (FMCSA) 010, Military Under 21 Pilot Program System of 
Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are stored electronically by the contractor 
research team. Contract information is available by contacting the 
Contracting Officer Representative at: 1200 New Jersey Ave. SE, 
Washington, DC 20590.

SYSTEM MANAGER(S):
    The System Manager is Nicole Michel, Program Manager. 1200 New 
Jersey Ave. SE, Washington, DC 20590. Email: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 5404 of the Fixing America's Surface Transportation (FAST) 
Act (Pub.L. 114-94, Dec. 4, 2015, 49 U.S.C. 31305 note).

PURPOSE(S) OF THE SYSTEM:
    The system of records will be used to determine the safety benefits 
or risks posed by allowing military service members aged 18, 19, and 20 
with specialized training in heavy vehicle operations to engage in 
interstate commerce compared to current entry-level CMV drivers aged 
21-24 and CMV drivers under 21 who engage in intrastate commerce. 
Driver background information will be used to qualify drivers for 
participation in the study and allow for continued authorization under 
the carrier's exemption. Demographic and driving history information 
(miles, hours, shift days, types of vehicles operated, etc.) will be 
used to analyze and evaluate effects on safety outcomes. Information 
about Safety-critical events (SCEs), such as hard braking or sudden 
lane changes that is recorded via an Onboard Monitoring System (OBMS) 
or electronic control module recording device, as well as crash data, 
moving violations, violations from inspections will be analyzed for all 
three groups to determine differences, if any, in safety outcomes of 
the participating groups. Information in the system of records may also 
be used to remove unsafe drivers from participation in the pilot 
program.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system of records will include information about individuals 
who are 18- to 20-years-old with military driving experience who apply 
to operate a CMV in interstate commerce as a part of the pilot program; 
21 to 24-year-old CMV drivers who participate in interstate commerce 
and volunteer to participate in the pilot program; and 18- to 20-year-
old CMV drivers who participate in intrastate commerce, and agree to 
participate in the pilot program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Military Under 21 pilot will collect, process, transmit, and 
store the following types of information:
    Military Drivers between 18- and 20-years-old:
     From Driver:
    [cir] Qualifying Information: military driver's license number 
military branch of service and unit Military service dates; and 
Commanding Officer's contact information (name, duty station, telephone 
number, email, and physical work address (when available)).
    All Drivers:
     From Driver:
    [cir] Contact Information: Name, email, telephone, home address
    [cir] Commercial driver's license number
    [cir] Demographic Information: Driver's date of birth, and gender.
     From Carrier:
    [cir] Carrier Information: Carrier name, Carrier USDOT number, 
Carrier address, Carrier phone number, and Carrier email address
    [cir] Driver's Experience: Training experience, Driving Experience, 
Trip-level data on participating drivers (i.e., trip start and end 
times, miles traveled, total hours driven, type of truck driven, 
starting and ending location); Number of inspections of participating 
drivers, and Driver's qualifications (i.e., air brake, air-over-
hydraulic braking, or manual transmission)
    [cir] Driving Safety Data: Crash summaries and investigative 
documents on crashes involving participating drivers (to include DOT 
reportable crashes and non-DOT reportable crashes), Numbers of 
violations for participating drivers, Safety critical events 
experienced by participating drivers (when available), Number of 
motorist incident reports concerning participating drivers.
    [cir] Data from Onboard Monitoring System (OBMS) or electronic 
control module recording device

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    [cir] Disqualifying events: Alcohol-related citation, or failed a 
drug test.
     Created by DOT
    [cir] Randomly-generated participant identification number

RECORD SOURCE CATEGORIES
    Records are obtained from motor carriers that volunteer to 
participate in the pilot program, individuals who volunteer to 
participate in the pilot program, and records retrieved from CDLIS by 
the Department.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DOT as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    System-Specific Routine Uses--None.
    DOT General Routine Uses
    1. In the event that a system of records maintained by DOT to carry 
out its functions indicates a violation or potential violation of law, 
whether civil, criminal or regulatory in nature, and whether arising by 
general statute or particular program pursuant thereto, the relevant 
records in the system of records may be referred, as a routine use, to 
the appropriate agency, whether Federal, State, local or foreign, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
rule, regulation, or order issued pursuant thereto.
    2. A record from this system of records may be disclosed, as a 
routine use, to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary to obtain 
information relevant to a DOT decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant or other 
benefit.
    3. A record from this system of records may be disclosed, as a 
routine use, to a Federal agency, in response to its request, in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter.
    4. It shall be a routine use of the records in this system of 
records to disclose them to the Department of Justice or other Federal 
agency conducting litigation when--(a) DOT, or any agency thereof, or 
(b) Any employee of DOT or any agency thereof, in his/her official 
capacity, or (c) Any employee of DOT or any agency thereof, in his/her 
individual capacity where the Department of Justice has agreed to 
represent the employee, or (d) The United States or any agency thereof, 
where DOT determines that litigation is likely to affect the United 
States, is a party to litigation or has an interest in such litigation, 
and the use of such records by the Department of Justice or other 
Federal agency conducting the litigation is deemed by DOT to be 
relevant and necessary in the litigation, provided, however, that in 
each case, DOT determines that disclosure of the records in the 
litigation is a use of the information contained in the records that is 
compatible with the purpose for which the records were collected.
    5. It shall be a routine use of records in this system to disclose 
them in proceedings before any court or adjudicative or administrative 
body before which DOT or any agency thereof, appears, when--(a) DOT, or 
any agency thereof, or (b) Any employee of DOT or any agency thereof 
(including a member of the Coast Guard) in his/her official capacity, 
or (c) Any employee of DOT or any agency thereof, or (d) The United 
States or any agency thereof, where DOT determines that the proceeding 
is likely to affect the United States, is a party to the proceeding or 
has an interest in such proceeding, and DOT determines that use of such 
records is relevant and necessary in the proceeding, provided, however, 
that in each case, DOT determines that disclosure of the records in the 
proceeding is a use of the information contained in the records that is 
compatible with the purpose for which the records were collected.
    6. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual. In such cases, however, 
the Congressional office does not have greater rights to records than 
the individual. Thus, the disclosure may be withheld from delivery to 
the individual where the file contains investigative or actual 
information or other materials which are being used, or are expected to 
be used, to support prosecution or fines against the individual for 
violations of a statute, or of regulations of the Department based on 
statutory authority. No such limitations apply to records requested for 
Congressional oversight or legislative purposes; release is authorized 
under 49 CFR 10.35(9).
    7. One or more records from a system of records may be disclosed 
routinely to the National Archives and Records Administration in 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    8. DOT may make available to another agency or instrumentality of 
any government jurisdiction, including State and local governments, 
listings of names from any system of records in DOT for use in law 
enforcement activities, either civil or criminal, or to expose 
fraudulent claims, regardless of the stated purpose for the collection 
of the information in the system of records. These enforcement 
activities are generally referred to as matching programs because two 
lists of names are checked for match using automated assistance. This 
routine use is advisory in nature and does not offer unrestricted 
access to systems of records for such law enforcement and related 
antifraud activities. Each request will be considered on the basis of 
its purpose, merits, cost effectiveness and alternatives using 
Instructions on reporting computer matching programs to the Office of 
Management and Budget, OMB, Congress, and the public, published by the 
Director, OMB, dated September 20, 1989.
    9. DOT may disclose records from this system, as a routine use, to 
the Office of Government Information Services for the purpose of (a) 
resolving disputes between FOIA requesters and Federal agencies and (b) 
reviewing agencies' policies, procedures, and compliance in order to 
recommend policy changes to Congress and the President.
    10. DOT may disclose records from the system, as a routine use, to 
contractors and their agents, experts, consultants, and others 
performing or working on a contract, service, cooperative agreement, or 
other assignment for DOT, when necessary to accomplish an agency 
function related to this system of records.
    11. DOT may disclose records from this system, as a routine use, to 
an agency, organization, or individual for the purpose of performing 
audit or oversight operations related to this system of records, but 
only such records as are necessary and relevant to the audit or 
oversight activity. This routine use does not apply to intra-agency 
sharing authorized under Section (b)(1) of the Privacy Act.
    12. DOT may disclose from this system, as a routine use, records 
consisting of, or relating to, terrorism

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information (6 U.S.C. 485(a)(5)), homeland security information (6 
U.S.C. 482(f)(1)), or Law enforcement information (Guideline 2 Report 
attached to White House Memorandum, ``Information Sharing Environment, 
November 22, 2006) to a Federal, State, local, tribal, territorial, 
foreign government and/or multinational agency, either in response to 
its request or upon the initiative of the Component, for purposes of 
sharing such information as is necessary and relevant for the agencies 
to detect, prevent, disrupt, preempt, and mitigate the effects of 
terrorist activities against the territory, people, and interests of 
the United States of America, as contemplated by the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458) and 
Executive Order 13388 (October 25, 2005).
    13. DOT may disclose records from the system, as a routine use to 
appropriate agencies, entities, and persons when (1) DOT suspects or 
has confirmed that there has been a breach of the system of records, 
(2) DOT has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, DOT (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (3) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with DOT's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    14. DOT may disclose records from the system, as a routine use to 
another Federal agency or Federal entity, when DOT determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically on a contractor-
maintained cloud storage service.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records will be retrived by carrier name, driver name, CDL number, 
or the randomly generated participant ID assigned by the DOT 
contractor.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FMCSA is in the process of developing a Records Control 
Schedule (RCS) for pilot programs. FMCSA will request disposition 
authority for the records from NARA to be held for six months after 
cutoff, and to destroyed after 3 years. Until the RCS is approved by 
NARA, Military Under 21 CMV Pilot Program records will be retained as 
permanent.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DOT safeguards records in this system according to applicable rules 
and policies, including all applicable DOT IT systems security and 
access policies. DOT has imposed strict controls to minimize the risk 
of information being compromised. Access to the records in this system 
is limited to those individuals who have a need to know the information 
in furtherance of the performance of their official duties, and who 
have appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the System Manager at the address 
identified in ``System Manager and Address'' above. If an individual 
believes more than one component maintains Privacy Act records 
concerning him or her, the individual may submit the request to the 
Departmental Freedom of Information Act Office, U.S. Department of 
Transportation, Room W94-122, 1200 New Jersey Ave. SE, Washington, DC 
20590, ATTN: FOIA/Privacy Act request.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 49 CFR part 10. You must sign 
your request, and your signature must either be notarized or submitted 
under 28 U.S.C. 1746, a law that permits statements to be made under 
penalty of perjury as a substitute for notarization. While no specific 
form is required, you may obtain forms for this purpose from the Chief 
Freedom of Information Act Officer, https://www.dot.gov/foia or 
202.366.4542. In addition you should provide the following:
    An explanation of why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DOT component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Not applicable.

    Issued in Washington, DC.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-19135 Filed 9-4-19; 8:45 am]
BILLING CODE 4910-9X-P