[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Page 388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-70]



[[Page 388]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Privacy Act of 1974: System of Records

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice to establish a system of records.

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SUMMARY: DOT proposes to establish a new system of records under the 
Privacy Act of 1974.

EFFECTIVE DATE: February 17, 2004. If no comments are received, the 
proposal will become effective on the above date. If comments are 
received, the comments will be considered and, where adopted, the 
documents will be republished with changes.

ADDRESSES: Address all comments concerning this notice to Yvonne L. 
Coates, Department of Transportation, Office of the Secretary, 400 7th 
Street, SW., Washington, DC 20590, (202) 366-6964 (telephone), (202) 
366-7373 (fax) [email protected] (Internet address).

FOR FURTHER INFORMATION CONTACT: Department of Transportation, Federal 
Railroad Administration, Melissa Porter, Trial Attorney, Safety Law 
Division, Office of the Chief Counsel, 1120 Vermont Avenue, NW., Stop 
10, Washington, DC 20590-0001, (202) 493-6034, (202) 493-6068 (fax).

SUPPLEMENTARY INFORMATION: The Department of Transportation system of 
records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the above mentioned address.
System of Records

System number:
    DOT/FTA 131.

System name:
    Engineer Certification Appeals Docket.

Security Classification:
    Unclassified.

System location:
    Department of Transportation (DOT), Federal Railroad Administration 
(FRA), Office of the Chief Counsel, Safety Law Division, RCC-10, 1120 
Vermont Avenue, NW., Stop 10, Washington, DC 20590-0001. Department of 
Transportation, Docket Management System, Room PL-401, 400 7th Street, 
SW., Washington, DC 20590, and on the Internet at http://www.dms.dot.gov and at http://www.fra.dot.gov.

Categories of individuals covered by the system:
    Individuals requesting FRA review, with or without administrative 
hearings, of employing railroad decisions to revoke or deny the 
individual's engineer certification (collectively referred to as 
engineer certification appeals).

Categories of records in the system:
    Submissions from individuals, railroads and the FRA relating to 
engineer certification appeals (petitions, hearing transcripts, 
correspondence between parties, and other filings, etc.) and decisions 
by the Locomotive Engineer Review Board (LERB), FRA Administrative 
Hearing Officer, and the FRA Administrator regarding these appeals.

Authority for maintenance of the system:
    Rail Safety Improvement Act of 1988 (Pub. L. 100-342).

Purpose(s):
    To maintain a public docket so that the LERB, FRA Administrative 
Hearing Officer, and the FRA Administrator can issue decisions pursuant 
to the dispute resolution procedures set forth in 49 CFR Part 240. Once 
issued, the decisions will be part of the public docket as well. Even 
though these decisions do not constitute precedent, how the LERB, FRA 
Administrative Hearing Officer, and FRA Administrator have resolved 
certain issues in past cases may add some predictability to the outcome 
of a potential case. Furthermore, greater public awareness of actions 
that can lead to loss of an engineer certification may help reduce such 
actions in the first place.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Posting of LERB, presiding officer, and Administrator final 
decisions on governmental Web sites, including FRA's public Web site 
(http://www.fra.dot.gov) to inform the public of how safety laws are 
being enforced, and to inform those individuals or entities who may 
potentially become parties to these proceedings, or who are already 
parties to proceedings how FRA is implementing the dispute resolution 
procedures set forth in 49 CFR Part 240. Posting of documents submitted 
by the parties in a given case on governmental Web sites to make them 
more easily accessible.

Disclosure to consumer reporting agencies:
    None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System

Storage:
    File folders, file cabinets, and the Department of Transportation's 
Docket Management System.

Retrievability:
    Records are retrievable by name of individual and/or his or her 
employer, keywords in the text, or by docket numbers assigned 
sequentially as the docket clerk receives them.

Safeguards:
    None are necessary because all documents are a matter of public 
record.

Retention and disposal:
    Appropriate records retention schedules will be applied. Certain 
automated records will be retained indefinitely to provide a complete 
compliance history.

System manager(s) and address:
    Docket Clerk, Department of Transportation, Federal Railroad 
Administration, Office of the Chief Counsel, Safety Law Division, RCC-
10, 1120 Vermont Avenue, NW., Stop 10, Washington, DC 20590-0001. 
Docket Clerk, Department of Transportation, Docket Management System, 
Room PL-401, 400 7th Street, SW., Washington, DC 20590.

Notification procedure:
    Inquiries should be directed to: Federal Railroad Administration, 
Safety Law Division, Office of the Chief Counsel, 1120 Vermont Avenue, 
NW., Stop 10, Washington, DC 20590-0001.

Record access procedures:
    Contact (202) 493-6053 or write to the System Manager for 
information on procedures for gaining access to records.

Contesting record procedures:
    Same as ``record access procedure.''

Record source categories:
    Information is obtained directly from the individual or from other 
persons with personal knowledge of the facts and circumstances 
involved.

Exemptions:
    None.

OMB Control number:
    Not Applicable.

    Dated: December 29, 2003.
Yvonne L. Coates,
Privacy Act Coordinator.
[FR Doc. 04-70 Filed 1-2-04; 8:45 am]
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