[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Notices]
[Pages 66747-66748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32025]



[[Page 66747]]

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DEPARTMENT OF TRANSPORTATION

Privacy Act of 1974: Notice To Alter a System of Records

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of Transportation proposes to alter a system of 
records notice in its inventory of records subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: The alteration will be effective on January 17, 1997, unless 
comments are received that would result in a contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, U.S. Department of 
Transportation, Office of Information Resource Management (M-30), 400 
7th Street, SW, Washington, DC. 20590.

FOR FURTHER INFORMATION CONTACT: Crystal M. Bush, Privacy Act 
Coordinator, U.S. Department of Transportation, Washington, DC 20590. 
Telephone: (202) 366-9713.

SUPPLEMENTARY INFORMATION: An altered system report, as required by 5 
U.S.C 552a(r) of the Privacy Act was submitted on November 26, 1996 to 
the Committee on Government Reform and Oversight of the House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and the Office of Management and Budget. The Department of 
Transportation proposes to alter DOT/NHTSA 413, Odometer Rollback 
System to be renamed the Odometer Fraud Data Base Files System. This 
system has been expanded and its current purpose is to maintain files 
containing information on suspects, defendants, witnesses, informants, 
motor vehicles, automobile dealers, victims and other related data 
obtained through Federal grand jury subpoenas. The names and other 
personal information would be routinely disclosed only to Federal and 
State law enforcement personnel to facilitate and support criminal 
prosecutions by the Attorney General of the United States and to 
victims under 42 U.S.C. 10606(b)(7).
    Pursuant to the provisions of 49 U.S.C. 32706, the Office of 
Odometer Fraud investigates tampering with motor vehicle odometers in 
order to protect the public regarding the purchase of motor vehicles 
with altered or reset odometers. The Odometer Fraud investigators use 
this information to support Federal criminal prosecutions. In order to 
comply with the statutory investigatory requirement, the routine 
release of this information to the Federal and State law enforcement 
personnel and victims is necessary and not unreasonably onerous on the 
privacy of individuals.
    The data in the system are protected by a locked file cabinet and 
restricted electronic access. The data is maintained by the Office of 
the Associate Administrator for Safety Assurance. Only personnel of 
this office, who are assigned to work on odometer fraud investigations, 
will have access to the data.
    The use of the system of records is compatible with the purpose for 
which it was collected. The proposed alteration of this system of 
records will not effect the other branches of the Federal Government or 
any state or local government. No change in existing agency rules are 
required.
    The OMB control number for the Odometer Complaint Form is 2127-
0047. The expiration date for this OMB number is September 30, 1998.

    Dated: December 11, 1996.
Crystal M. Bush,
Privacy Act Coordinator.
DOT/NHTSA 413

System name:
    Odometer Fraud Data Base Files System.

Security classification:
    Nonpublic.

System location:
    Department of Transportation (DOT), National Highway Traffic Safety 
Adm. (NHTSA) Safety Assurance (NSA-01), Odometer Fraud Staff (NSA-20), 
400 Seventh Street, SW, Room 5321, Washington, DC 20590.

Categories of individuals covered by the system:
    Suspects, defendants, witnesses, informants, automobile dealers, 
and victims of odometer fraud.

Categories of records in the system:
    Files containing information on suspects, defendants, witnesses, 
informants, motor vehicles, automobile dealers, victims and other 
related data obtained through Federal grand jury subpoenas. Information 
may contain addresses, dates of birth, financial data, criminal history 
records, business records, and numerous other data obtained through 
Federal grand jury subpoenas.

Authority for maintenance of the system:
    49 U.S.C. 32706.

Purposes(s):
    The agency is authorized to conduct investigations of odometer 
fraud for referral to the U.S. Department of Justice for civil and 
criminal prosecution. In order to obtain necessary evidence to support 
these prosecutions, evidence is obtained from numerous sources, 
including the public, the automobile industry and law enforcement.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Files are maintained for use in criminal investigations and to 
support criminal prosecutions by the U.S. Department of Justice. Files 
are used only by members of the Odometer Fraud Staff. Data is released 
only to authorized State and Federal law enforcement agencies and 
personnel and to victims under 42 U.S.C. 10606(b)(7). See Prefatory 
Statement of General Routine Uses.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    File folder storage and in electronic database.

Retrievability:
    By individual name, dealer name, complainant name, case number and 
vehicle identification number.

Safeguards:
    Locked files and restricted electronic access.

Retention and disposal:
    Retained for five years after case is closed, then destroyed.

System manager(s) and address:
    Department of Transportation, National Highway Traffic Safety 
Administration, Attn: Chief, Odometer Fraud Staff, 400 Seventh Street, 
SW, Room 6208, Washington, DC 20590

Notification procedure:
    Same as ``System manager'' above.

Record access procedures:
    Same as ``System manager'' above.

Contesting record procedures:
    Same as ``System manager'' above.

Record source categories:
    All information has been obtained from victims, automobile dealers, 
banks, State motor vehicle departments, State and Federal law 
enforcement agencies, and other sources used during the course of 
criminal investigations.

[[Page 66748]]

Exemptions claimed for the system:
    5 U.S.C. 552a(j)(2).
[FR Doc. 96-32025 Filed 12-17-96; 8:45 am]
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