Privacy Act of 1974; System of Records, 43508-43512 [2024-10811]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43508-43512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10811]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No.: DOT-OST-2023-0136]


Privacy Act of 1974; System of Records

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

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 (DOT) proposes a new system of records titled ``DOT/
FMCSA 014 Electronic Logging Device (ELD) Records''. This system of 
records is used to facilitate the retrieval, transfer, and collection 
of hours-of-service (HOS) data from electronic ELD files submitted by 
motor carriers and the review of HOS data by authorized safety 
officials. The system retrieves data recorded by a motor carrier's ELD 
via an ELD output file. Upon receipt of this ELD output file, the 
system analyzes the data, identifies instances of potential non-
compliance, and notifies the authorized safety official of these 
instances. FMCSA maintains ELD data for use in investigations and 
enforcement actions and to determine compliance with HOS requirements. 
The primary purpose of the ELD system is to allow authorized safety 
officials to assess electronic ELD files rapidly and accurately at 
roadside and during reviews and safety audits to determine whether the 
driver is in compliance with the HOS regulations. The ELD system will 
also be used to assess whether ELDs meet certain technical 
specifications that are set forth in the HOS regulations. Additionally, 
the Agency may use ELD data internally to inform research efforts 
related to enforcement of safety regulations, including driving hours, 
as such research may ultimately improve compliance with HOS 
requirements.

DATES: Comments on the system will be accepted on or before 30 days 
from the date of publication of this notice. The system will be 
effective 30 days after publication of this notice. Routine uses will 
be effective at that time.

ADDRESSES: You may submit comments, identified by docket number OST- 
2023-0136 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday 
through Friday, except Federal holidays.
    Instructions: You must include the agency name and docket number 
DOT-OST-2023-0136. All comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Karyn Gorman, Departmental Chief Privacy Officer, 
Department of Transportation, S-83, Washington, DC 20590, Email: 
[email protected], Tel. (202) 366-3140.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act of 1974, the Department of 
Transportation is proposing a new system of records titled ``Department 
of Transportation (DOT)/Federal Motor Carrier Safety Administration 
(FMCSA) 014, Electronic Logging Device Records.'' This system will 
access hours-of-service (HOS) data via electronic logging device (ELD) 
files submitted by motor carriers and will allow authorized safety 
officials to assess these electronic ELD files rapidly and accurately 
at roadside and during reviews and safety audits to determine whether 
the driver is in compliance with the HOS regulations. This system will 
also assess whether ELDs meet certain technical specifications that are 
set forth in HOS regulations and support removals from a list of self-
certified devices. See 49 CFR part 395 subpart B, app. A. Additionally, 
the Agency may use data from this system internally and/or in 
aggregated and anonymized form to inform research efforts related to 
enforcement of safety regulations, including driving hours, as such 
research may ultimately improve compliance with HOS requirements. For 
example, the use of ELD data in research related to operational testing 
of electronic, in-motion commercial motor vehicle (CMV) inspections may 
increase roadside inspection capacity and further facilitate 
enforcement of HOS requirements.
    Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement 
Act of 2012 (enacted as part of the Moving Ahead for Progress in the 
21st Century Act (MAP-21)) codified at 49 U.S.C. 31137, mandated that 
the Secretary of Transportation adopt regulations requiring that CMVs, 
operated in interstate commerce by drivers required to maintain records 
of duty status (RODS), be equipped with ELDs. The statute also set 
forth specific provisions to be addressed by the regulations, including 
ELD design and performance standards and certification requirements. In 
addition, the statute addresses privacy protections and the use of ELD 
data, requiring that the regulations ensure that ELDs are not used to 
harass a CMV operator. On December 16, 2015, FMCSA, acting primarily 
under the authority of MAP-21 (and several concurrent statutory 
authorities), published a final rule, Electronic Logging Devices and 
Hours of Service Supporting Documents (80 FR 78292) requiring the use 
of ELDs for recording HOS information. Under the regulations, which 
were implemented on December 18, 2017, CMVs operated in interstate 
commerce, by drivers required to maintain RODS, must be equipped with 
ELDs. The regulations also establish ELD performance and design 
standards, require ELDs to be certified and registered with FMCSA, and 
address privacy protections for CMV operators. The ELD regulations are 
set forth in 49 CFR part 395, subpart B.
    FMCSA's ELD system consists of the following components:

 Electronic Record of Duty Status (eRODS) HOS review tool
 ELD website and database
 ELD provider web service
 Enforcement ELD web service
 Enforcement ELD summary data web service

    Electronic Record of Duty Status (eRODS) HOS review tool. eRODS is 
a software application installed on authorized safety officials' 
computers that is used to retrieve and display the information on an 
ELD output file. eRODS allows enforcement users to analyze a driver's 
HOS data and perform a roadside inspection or an investigation. There 
is also a web-based version of eRODS that consists of all the 
functionality included in the desktop version but is accessible via the 
ELD website described below. ELD devices used by motor carriers are 
required to support one of two options for providing an ELD file to 
FMCSA for analysis via the eRODS HOS review tool:

[[Page 43509]]

    Option 1 is the telematics transfer method. ELD devices that 
utilize the telematics transfer method support transfer of ELD files to 
the FMCSA's ELD system via web services transfer or encrypted email 
transfer. With the web service transfer method, the ELD device sends 
the ELD file directly to FMCSA servers via a secure call to the ELD 
provider web service, which makes the ELD file available to eRODS. For 
the email transfer, the ELD device sends the data file via secure, 
encrypted email to FMCSA servers which process the email and make the 
ELD file available to eRODS.
    Option 2 is local transfer, which consists of Bluetooth connection 
or USB transfer. The Bluetooth connection allows the motor carrier's 
ELD to use the safety official's internet connection to transfer the 
ELD file to the ELD provider web service. The USB transfer method uses 
the safety official's self-encrypting USB device to transfer the ELD 
file from the motor carrier's ELD device to the safety official's eRODS 
application. This is the only method that does not require internet 
connectivity.
    ELD website and database. The ELD website and database is the 
centerpiece of FMCSA's ELD system. The website includes a section for 
each stakeholder. ELD vendors use the website to register their 
organization with FMCSA and to self-certify their devices' compliance 
with ELD regulations. ELD vendors also have access to tools necessary 
to build and test their interfaces with FMCSA. Motor carriers and 
drivers can access the ELD website to obtain information on the ELD 
Rule and other communications that educate them on the ELD process. 
They can also review the list of self-certified ELD devices. 
Enforcement users can access ELD policy and training information 
related to ELDs and can access web eRODS to review motor carrier HOS 
compliance. The FMCSA vendor vetting team also reviews ELD vendor 
submissions for completeness.
    ELD provider web service. The ELD provider web service provides the 
means for a registered, self-certified ELD device to transfer, via web 
service or blue-tooth transfer options, an ELD file to FMCSA. During 
the self-certification process for an ELD device, the ELD vendor 
provides FMCSA with their public certificate and receives FMCSA's 
public certificate and additional information on building the 
connection between their ELD and FMCSA's ELD provider web service. Once 
the connection is established, the ELD can submit output files of a 
driver's HOS data to FMCSA via this service.
    Enforcement ELD web service. The enforcement ELD web service is 
used to transfer the ELD files submitted to FMCSA to the safety 
official's eRODS HOS review tool. Both the desktop and web-based eRODS 
tools connect to this service. Files that are submitted via ELD 
provider web service, Bluetooth connection, or email can be accessed by 
enforcement via a connection to this service.
    Enforcement ELD summary data web service. This service provides 
safety officials summary information derived from the contents of an 
ELD file that was submitted to the ELD system. This summary data 
enables safety officials to review indicators prompting further 
analysis and also allows implementation of a direct link to eRODS tool 
for HOS analysis. FMCSA's ELD system of records will also serve as a 
central repository of ELD information.
    FMCSA has also included DOT General Routine Uses, to the extent 
they are compatible with the purposes of this System. As recognized by 
the Office of Management and Budget (OMB) in its Privacy Act 
Implementation Guidance and Responsibilities (65 FR 19746 (July 9, 
1975)), the routine uses include proper and necessary uses of 
information in the system, even if such uses occur infrequently. FMCSA 
has included in this notice routine uses for disclosures to law 
enforcement when the record, on its face, indicates a violation of law, 
to DOJ for litigation purposes, or when necessary to investigate or 
respond to a breach or potential breach of this system or other 
agencies' systems. DOT may disclose to Federal, State, local, or 
foreign agency information relevant to law enforcement, litigation, and 
proceedings before any court or adjudicative or administrative body. 
OMB has long recognized that these types of routine uses are ``proper 
and necessary'' uses of information and qualify as compatible with 
agency systems (65 FR 19476, April 11, 2000).
    In addition, OMB Memorandum M-17-12, directed agencies to include 
routine uses that will permit sharing of information when needed to 
investigate, respond to, and mitigate a breach of a Federal information 
system. DOT also has included routine uses that permit sharing with the 
National Archives and Records Administration when necessary for an 
inspection, to any Federal Government agency engaged in audit or 
oversight related to this system, or when DOT determines that the 
disclosure will detect, prevent, or mitigate terrorism activity. These 
types of disclosures are necessary and proper uses of information in 
this system because they further DOT's obligation to fulfill its 
records management and program management responsibilities by 
facilitating accountability to agencies charged with oversight in these 
areas, and DOT's obligation under the Intelligence Reform and Terrorism 
Prevention Act of 2004, Public Law 108-456, and Executive Order 13388 
(Oct. 25, 2005) to share information necessary and relevant to detect, 
prevent, disrupt, preempt, or mitigate the effects of terrorist 
activities against the territory, people, and interests of the United 
States.
    Privacy Act
    The Privacy Act (5 U.S.C. 552a) governs the means by which Federal 
Government agencies collect, maintain, use, and disseminate 
individuals' records. The Privacy Act applies to information that is 
maintained in a ``system of records.'' A ``system of records'' is a 
group of any records under the control of an agency from which 
information is retrieved by the name of an individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. The Privacy Act extends rights and protections to 
individuals who are U.S. citizens and lawful permanent residents. 
Additionally, the Judicial Redress Act (JRA) provides a covered person 
with a statutory right to make requests for access and amendment to 
covered records, as defined by the JRA, along with judicial review for 
denials of such requests. In addition, the JRA prohibits disclosures of 
covered records, except as otherwise permitted by the Privacy Act.
    Below is the description of the Electronic Logging Device System of 
Records. 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.

SYSTEM NAME AND NUMBER:
    Department of Transportation (DOT)/Federal Motor Carrier Safety 
Administration (FMCSA) 014 Electronic Logging Device (ELD) Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained in a FedRAMP-certified third-party cloud 
environment. The contracts are maintained by DOT at 1200 New Jersey 
Avenue SE, Washington, DC 20590.

SYSTEM MANAGER(S):
    Division Chief, Enforcement Division, Office of Enforcement and 
Compliance, FMCSA, U.S. Department of

[[Page 43510]]

Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement 
Act, enacted as part of the Moving Ahead for Progress in the 21st 
Century Act (Pub. L. 112-141, 126 Stat. 405, (July 6, 2012), codified 
at 49 U.S.C. 31137. (MAP-21); 49 CFR parts, 385, 386, 390, and 395.

PURPOSE(S) OF THE SYSTEM:
    The purposes of the system are to (1) allow Federal and State law 
enforcement agencies to match an interstate CMV driver's name with his 
or her HOS record; (2) allow authorized safety officials to perform HOS 
compliance-assurance and enforcement functions for the purposes of 
using personal information to verify the time, date, and location for 
duty status changes of interstate CMV drivers to ensure that motor 
carriers and interstate drivers comply with applicable HOS regulations; 
(3) allow for assessment of particular ELD models and units to 
determine that they meet the technical specifications set forth in the 
HOS regulations; and (4) allow ELD data to inform research efforts 
related to safety regulations, including driving hours, to improve 
compliance with HOS requirements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals within this system include commercial 
motor vehicle CMV drivers.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include the following 
information about CMV Drivers. Data elements marked with an asterisk 
``*'' may be PII linked to ELD username or driver/co-driver name or 
license number.
     ELD username
     Driver's first name, last name
     Co-driver first name, last name (if there is a co-driver)
     Co-driver ELD username (if there is a co-driver)
     Driver's license number or commercial driver's license 
number
     State of license issuance*
     Duty status*
     Date and time of each change of duty status*
     Location of CMV when the CMV's engine is turned on and 
turned off, at each change of duty status, and at intervals of no more 
than 60 minutes when the CMV is in motion.*
     Starting time for each 24-hour period (e.g., 12 midnight, 
12 noon). This is a requirement for paper RODS and carries over to 
ELDs. The reason is that many elements of the HOS regulations are based 
on activities within 24-hour periods.*
     Hours in each duty status to 1-minute accuracy.*
     Special driving mode status (e.g., personal conveyance, 
yard move).*
     Log of user activity (``user'' is generally the driver, 
but could be a technician test-driving the CMV or a yard-hotelier 
repositioning the CMV)*
     17-digit vehicle identification number (VIN)*

RECORD SOURCE CATEGORIES:
    CMV drivers and motor carrier submit records to assist authorized 
safety officials to determine if drivers comply with applicable HOS 
regulations.

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), 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

    1. To Motor Carrier Safety Assistance Program (MCSAP) State partner 
agencies for use during investigations, safety audits, and roadside 
inspections of motor carriers. This routine use enables the MCSAP 
agencies to review and analyze motor carrier and driver HOS practices 
and data to enforce the HOS regulations.

    Department General Routine Uses

    2. 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.
    3a. Routine Use for Disclosure for Use in Litigation. 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 their official capacity, or (c) Any 
employee of DOT or any agency thereof, in their 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.
    3b. Routine Use for Agency Disclosure in Other Proceedings. 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 in 
their official capacity, or (c) Any employee of DOT or any agency 
thereof in their individual capacity where DOT has agreed to represent 
the employee, 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.
    4. 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).
    5. One or more records from a system of records may be disclosed 
routinely to the National Archives and Records Administration (NARA) in 
records

[[Page 43511]]

management inspections being conducted under the authority of 44 U.S.C. 
2904 and 2906.
    6. 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.
    7. DOT may disclose records from this system, as a routine use, to 
appropriate agencies, entities, and persons when (1) DOT suspects or 
has confirmed that the security or confidentiality of information in 
the system of records has been compromised; (2) DOT has determined that 
as a result of the suspected or confirmed compromise there is a risk of 
harm to economic or property interests, identity theft or fraud, or 
harm to the security or integrity of this system or other systems or 
programs (whether maintained by DOT or another agency or entity) that 
rely upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.
    8. 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.
    9. 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.
    10. 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.
    11. DOT may disclose from this system, as a routine use, records 
consisting of, or relating to, terrorism 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).

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:
    ELD and driver records may be retrieved by the following data 
elements: ELD file submittal date; Carrier Name, Carrier USDOT Number; 
Driver First Name; Driver Last Name; Driver License State; Driver 
License Number; ELD File Comment. ELD vendor records may be retrieved 
by the following data elements: ELD vendor name, phone number, address, 
email, ELD device name, ELD Identifier, ELD registration ID. Records of 
a driver may be retrieved by the following data elements: driver name, 
license state, license number, motor carrier name, USDOT number, 
investigation code, and file submittal date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Motor carriers must retain records for six months from date of 
receipt. In accordance with FMCSA's MCMIS record schedule Job Number 
N1-557-05-007, item 5a for MCMIS inputs, where the data will be deleted 
after the information is converted or copied to the MCMIS master data 
files, backed up, and verified.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DOT automated 
systems security and access policies. Appropriate controls have been 
imposed to minimize the risk of compromising the information that is 
being stored and ensuring confidentiality of communications using tools 
such as encryption, authentication of sending parties, and 
compartmentalizing databases; and employing auditing software. ELD data 
is encrypted at rest and in transit. Access to records in this system 
is limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions. All personnel with access to data are 
screened through background investigations commensurate with the level 
of access required to perform their duties.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request to the System Manager in writing to the address 
provided under ``System Manager and Address.''
     When an individual is seeking records about himself or 
herself from this system of records or any other Departmental system of 
records, the request must conform with the Privacy Act regulations set 
forth in 49 CFR part 10. The individual must verify their identity by 
providing their full name, current address, and date and place of 
birth. The individual must sign the request, and the individual's 
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. No specific form is required. In addition, 
the individual should:
     Explain why the individual believes the Department would 
possess information on him/her;
     Identify which component(s) of the Department the 
individual believes may have the information about them;
     Specify when the individual believes the records would 
have been created; and

[[Page 43512]]

     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If an individual seeks records pertaining to another living 
individual, the requesting individual must include a statement from the 
second individual certifying their agreement to the requested access. 
Without the above information, the Department may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    FMCSA depends upon drivers and motor carriers to submit data as 
accurately as possible. The ELD drivers review their records of duty 
status daily and certify their correctness prior to submission to the 
motor carriers and FMCSA. If a driver notices that information is 
missing or contains errors, the driver would use the motor carrier's 
ELD device to make the necessary corrections or enter missing 
information.
    After a driver submits his or her certified daily records to the 
motor carrier, the motor carrier reviews those records. If the carrier 
identifies additional errors, the carrier may request the driver to 
make additional edits. However, motor carriers or dispatchers that 
suggest a change to a drivers' HOS records following submission to the 
carrier are to have the driver confirm or reject, and then re-certify 
the accuracy of the record. All edits have to be annotated to document 
the reason for the change. This procedure is intended to protect the 
integrity of the ELD records and to prevent related instances of 
potential driver harassment.
    In support of a roadside inspection, investigation, or safety 
audit, a motor carrier submits his or her certified daily records to 
safety officials for an HOS review, the safety official may cite a 
violation based on these records.
    FMCSA has a redress process to challenge inspection, investigation, 
and safety audit data. The process, called DataQs, is accessible at 
https://dataqs.fmcsa.dot.gov. DataQs provides an electronic method for 
motor carriers and drivers to file concerns about information 
maintained in FMCSA systems (principally, roadside inspection results 
included in MCMIS). The DataQs system automatically forwards data 
concerns to the appropriate Federal or State office for processing and 
resolution. Any challenges to data provided by State agencies are 
resolved by the appropriate State agency. The system also allows filers 
to monitor the status of each filing.
    Under the DataQs process, FMCSA cannot ``correct the information 
associated with the ELD records'' that are stored in the motor 
carrier's information systems. If an interstate CMV driver is 
incorrectly identified in an enforcement action, the DataQs system 
provides an avenue for a driver or motor carrier to request FMCSA to 
correct enforcement information that it may store in its own 
information systems.
    Individuals seeking to contest the content of any record pertaining 
to themselves in this system may also contact the System Manager 
following the Privacy Act procedures in 49 CFR part 10, subpart E, 
Correction of Records. Written requests for correction 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 FMCSA Freedom of Information Act Officer https://www.fmcsa.dot.gov/foia/[email protected].

NOTIFICATION PROCEDURES:
    Individuals seeking to contest the content of any record pertaining 
to themselves in the system may contact the System Manager following 
the procedures described in ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2024-10811 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-9X-P