[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2454-2455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-669]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2003-15015]


Policy on Availability of Information From the Commercial 
Driver's License Information System

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

ACTION: Notice of policy.

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SUMMARY: As required by the Transportation Equity Act for the 21st 
Century (TEA-21), this document informs the public of FMCSA's policy 
regarding access to information in the Commercial Driver's License 
Information System (CDLIS) by other Federal agencies.

EFFECTIVE DATE: This policy is effective January 13, 2005.

[[Page 2455]]


FOR FURTHER INFORMATION CONTACT: Carol Gore, (202) 366-4013, Office of 
Safety Programs, Federal Motor Carrier Safety Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: Section 12007(e) of the Commercial Motor 
Vehicle Safety Act (CMVSA) of 1986 (Pub. L. 99-570) specified four 
entities authorized to access information from CDLIS. These entities 
were the Secretary of Transportation, the States, an employer or 
prospective employer of a person who operates a commercial motor 
vehicle (CMV), and a person who operates a CMV for an employer that 
owns or leases a CMV or assigns employees to operate a CMV (49 U.S.C. 
Sec.  31309(e)). This provision remained in effect until Congress 
passed TEA-21 (Pub. L. 105-85) and revised the access provision through 
sections 4004(a) and 4011(d) (5) (codified at 49 U.S.C. 31106(e) and 
31309(c), respectively). Sections 4004(a) and 4011(d)(5) of TEA-21 
expanded CDLIS access by requiring the Secretary of Transportation to 
develop a policy on making information available from CDLIS. The policy 
must conform to existing Federal information laws and regulations.

Privacy Act Applicability

    The Privacy Act of 1974 (Pub. L. 93-579, as amended) regulates 
Federal information system practices regarding the collection, 
maintenance, dissemination and use of records by Federal executive 
branch agencies. CDLIS is not a Federal ``system of records,'' as 
defined by the Privacy Act because the records in CDLIS are not 
controlled by FMCSA. Federal agencies obtaining access to CDLIS records 
may be subject to the Privacy Act, if they establish a system of 
records with the information obtained from CDLIS. Such agencies may 
also need to provide a process for review and correction of those 
records.

Availability of Information From CDLIS

    Section 12007(c) of the CMVSA directed the Secretary to establish 
an information system, now known as CDLIS, to exchange commercial 
driver licensing information among all the States. CDLIS includes the 
databases of fifty-one licensing jurisdictions and the CDLIS Central 
Site, all connected by a telecommunications network.
    The CDL program was designed based on these fundamental 
principles--that no person who operates a commercial motor vehicle 
shall at any time have more than one driver's license, that one license 
shall contain that person's complete driving record, and that the 
licensing State shall be notified of any convictions of violations of 
any motor vehicle control laws in any other State. CDLIS supports these 
principles by providing the Central Site, the telecommunications 
network, and the operating protocols States need to exchange commercial 
license, conviction and safety information on individual CDL drivers. 
Drivers who wish to review and, if necessary, correct information about 
them in CDLIS must contact the State agency that issued their license.

FMCSA Policy on Availability of Information From CDLIS

    It is FMCSA's policy that another Federal agency may request access 
to information in CDLIS by written submission to FMCSA's Chief Safety 
Officer. In the request, the applicant must state the legal basis and 
the need for access to CDLIS. A Federal agency will be required to 
execute a Memorandum of Understanding (MOU) with the Department of 
Transportation and/or FMCSA before access to CDLIS data will be 
provided.

    Issued on: January 7, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-669 Filed 1-12-05; 8:45 am]
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