[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42543-42546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15145]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2022-0035]


Privacy Act of 1974; Department of Transportation (DOT), Federal 
Motor Carrier Safety Administration (FMCSA); DOT/FMCSA 013 Safe Driver 
Apprenticeship Pilot (SDAP)

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 ``Safe 
Driver Apprenticeship Pilot'' (SDAP) Program. This system of records 
will allow DOT to collect and maintain records on safety performance 
and driving profiles of certain Commercial Motor Vehicle (CMV) drivers 
voluntarily participating in the SDAP program and receiving an 
exemption to operate in interstate commerce before reaching the age of 
21. The information in the system will be used to analyze the safety 
performance of apprenticeship drivers as compared to current CMV 
drivers operating in intra- or inter-state commerce under current FMCSA 
regulations. This system maintains records on carriers, experienced 
drivers, and apprentice drivers who volunteer to participate in the 
SDAP. Records on carriers and experienced drivers are limited to those 
necessary to verify qualifications for participation, while records on 
apprentice drivers include safety, performance, and exposure data 
throughout their participation as an apprentice.

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-
2022-0035 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 366-XXXX.
     Mail: Department of Transportation Docket Management, Room 
W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590.
     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 OST-2022-0035. All comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. 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.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
DOT's complete Privacy Act Statement in the Federal Register published 
on January 17, 2008 (73 FR 3316-3317), or you may visit https://DocketsInfo.dot.gov.
    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 the 
docket.

FOR FURTHER INFORMATION CONTACT: For system-related questions please 
contact: Nicole Michel, Mathematical Statistician, Department of 
Transportation, FMCSA, W68-310, 1200 New Jersey Ave. SE, Washington, DC 
2-590. Email: [email protected], Tel. (202) 366-4354. For general 
and privacy questions, please contact: Karyn Gorman, Acting 
Departmental Chief Privacy Officer, Department of Transportation, S-81, 
Washington, DC 20590, Email: [email protected], Tel. (202) 366-3140.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act of 1974, DOT is proposing a new 
system of records notice (SORN) titled ``Department of Transportation 
(DOT)/Federal Motor Carrier Safety Administration (FMCSA)--013, Safe 
Driver Apprenticeship Pilot (SDAP)'' to allow FMCSA to implement the 
``Safe Driver Apprenticeship Pilot'' (SDAP) program to fulfill the 
requirements of Section 23022 of the Infrastructure

[[Page 42544]]

Investment and Jobs Act (IIJA). This system will collect and maintain 
records on participating apprentice drivers to analyze safety and 
performance outcomes of participating apprentices. Apprentices must 
have a valid commercial driver's license (CDL) and be of age 18, 19, or 
20 to voluntarily participate in the program. The data collected on 
these drivers will be analyzed for safety and performance as compared 
to existing data on comparative groups of drivers (under-21 intrastate 
as well as over-21 interstate existing CMV operators).
    This system will also collect information on experienced drivers to 
verify their eligibility to serve as an experienced driver but will not 
collect safety and performance data for experienced drivers.
    Carriers will apply to participate in the program by providing 
their carrier name, USDOT number, physical address, phone number, email 
address, fleet size, type of operation (interstate vs intrastate), 
types of drivers employed (class A, class B, and/or class C), turnover 
rate, states traveled through, pay structure, annual miles traveled, an 
estimate on the number of experienced drivers and apprentices the 
carrier will enroll, their registered apprenticeship number with 
Department of Labor, carrier operation types, types of CMVs employed, 
and information regarding currently utilized technologies (Electronic 
Logging Devices [ELDs], Onboard Monitoring Systems [OBMS], and Video 
Recording systems). Carrier applications will be reviewed against 
published eligibility requirements. Carriers will be notified of 
whether or not they are accepted into the program by FMCSA. Accepted 
carriers will be required to attend a webinar to review participation 
requirements.

Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing 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. In the Privacy Act, 
an individual is defined to encompass 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. The JRA also 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act. Below is the description of the Safe Driver 
Apprenticeship Pilot Program 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:
    DOT/FMCSA 013--Safe Driver Apprenticeship Pilot (SDAP).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained by a contractor, the contract for the system 
is maintained at FMCSA Headquarters, 1200 New Jersey Ave SE, 
Washington, DC 20590.

SYSTEM MANAGER(S):
    For FMCSA, the System Manager is Nicole Michel, Mathematical 
Statistician, 1200 New Jersey Ave SE, Washington, DC, 20590. Email: 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 31315; Section 23022 of the Infrastructure Investment and 
Jobs Act (P.L. 117-58, Nov. 15, 2021).

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to collect data on carriers and 
drivers participating in the SDAP. The data collected will be used to 
determine the safety benefits or risks posed by implementing an 
apprenticeship program for drivers under the age of 21 to operate in 
interstate commerce. Data will be collected to verify qualifications 
for participation, to issue the necessary exemptions for carriers and 
drivers to participate in the SDAP program, and to monitor operational 
and safety performance throughout participation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system of records will include information about motor carriers 
who voluntarily apply to participate in the SDAP, current CDL holders 
who apply to participate as ``experienced drivers,'' and drivers who 
apply to participate as apprentices, i.e., 18- to 20-year-old CMV 
operators who are voluntarily participating in the SDAP to operate in 
interstate commerce. These categories can be characterized as:
    1. Motor Carriers,
    2. Experienced Drivers, and
    3. Apprentice Drivers.
    All individuals covered by this system must voluntarily apply to 
participate in the SDAP.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The SDAP will collect, process, transmit, and store the following 
types of information on all individuals covered by this system:
    1. Basic Identifying Information (e.g., name, address, USDOT number 
of carriers or CDL number and State of Issuance for drivers) for all 
individuals.
    The SDAP will collect, process, transmit, and store the following 
types of information on motor carriers only:
    1. Operational Profile Information (e.g., vehicle classes operated, 
fleet size, average annual miles traveled, types of carrier operations, 
types of CMVs employed)
    2. A valid Department of Labor Registered Apprenticeship number
    The SDAP will collect, process, transmit, and store the following 
types of information on experienced drivers only:
    1. Employment history for the past two years (e.g., employer name, 
USDOT number, dates of employment)
    2. Qualifications and CMV Experience (e.g., date CDL was acquired, 
total years driving a CMV, safety incidents in the past two years).
    The SDAP will collect, process, transmit, and store the following 
types of information on apprentice drivers only:
    1. Training and employment history (e.g., date CDL was acquired, 
past driving experience if applicable, and current operating profile if 
applicable)
    2. Safety Performance Benchmarks (i.e., verification of completion 
of safety performance benchmarks)
    3. Exposure data throughout participation (e.g., miles traveled, 
hours on duty, hours away from home station)
    4. Safety data throughout participation (e.g., safety events such 
as hard braking or swerving, crashes, inspections)
    Additionally, the SDAP will collect, process, transmit, and store 
information on acceptance letters, letters of disqualification, 
exemption letters, and other official correspondence throughout the 
pilot program.

RECORD SOURCE CATEGORIES:
    Records are obtained from motor carriers that volunteer to 
participate in the pilot program and are accepted for participation 
into the pilot program by FMCSA. Additionally, individuals who 
volunteer to participate in the pilot program will submit applications 
through the motor carrier and the motor

[[Page 42545]]

carrier will submit monthly data on apprentice drivers. Records will 
also be generated by the Department and retrieved from existing data 
sources, such as the Commercial Driver License Information System 
(CDLIS) and the Motor Carrier Management Information System (MCMIS).

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.
Department 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.
    2a. 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 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.
    2b. 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 
his/her official capacity, or (c) Any employee of DOT or any agency 
thereof in his/her 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.
    3. 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).
    4. One or more records from a system of records may be disclosed 
routinely to the National Archives and Records Administration (NARA) in 
records management inspections being conducted under the authority of 
44 U.S.C. 2904 and 2906.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.

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

[[Page 42546]]

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

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Unscheduled records must be retained indefinitely pending the 
agency's submission, and NARA's approval, of a disposition schedule. 
DOT anticipates proposing to NARA, as an appropriate retention period 
for these records, two years or until no longer necessary for 
reference.

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 access to and notification of 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 
provided under ``System Manager and Address'' above. Individuals may 
also search the public docket at www.regulations.gov by their name.
    When seeking records about yourself 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's request must verify his/her identity by providing his/her 
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 
have information on him/her;
     Identify which component(s) of the Department the 
individual believes may have the information about him/her;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his/her records. Without the above information, 
the component(s) 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:
    For records covered by the Privacy Act or covered by the JRA, 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.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022-15145 Filed 7-14-22; 8:45 am]
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