[Federal Register Volume 90, Number 188 (Wednesday, October 1, 2025)]
[Notices]
[Pages 47496-47499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19125]
[[Page 47496]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT-OST-2025-0996]
Privacy Act of 1974; System of Records
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Transportation (DOT), Federal Motor Carrier Safety
Administration (FMCSA), is renaming, updating, and reissuing an
existing System of Records Notice (SORN) currently titled ``DOT/FMCSA-
004, National Consumer Complaint Database (NCCDB).'' The SORN will be
retitled ``DOT/FMCSA-004, FMCSA Complaint Center Records.'' FMCSA is
modernizing the system and expanding the program to enhance the
Agency's ability to collect, monitor, and respond to complaints about
Agency programs; establish reasonable procedures to provide timely
responses; and share complaint information with external stakeholders
and the public, as necessary and applicable.
DATES: Submit comments on or before October 31, 2025. The Department
may publish an amended Systems of Records Notice considering any
comments received. This modified system will be effective on October 1,
2025, and the routine uses will be effective on October 31, 2025.
ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2025-0996 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
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 DOT-OST-2025-0996. All comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. You may review the Department of Transportation's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
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.).
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 questions, please contact Karyn
Gorman, Departmental Chief Privacy Officer, Privacy Office, Department
of Transportation, Washington, DC 20590; email: [email protected]; phone
(202) 366-3140.
SUPPLEMENTARY INFORMATION:
Notice Updates
This Notice includes both substantive and non-substantive changes
to the previously published SORN. The substantive changes have been
made to the system name, system location, system manager, authority for
maintenance of the system, categories of individuals covered by the
system, categories of records in the system, routine uses maintained in
the system, and policies and practices for storing, retrieving,
accessing, retaining, and disposing of records in the system, and
exemptions. Non-substantive changes have been made to record access
procedures and contesting record procedures. Updates include editorial
changes to simplify and clarify language and formatting, and to align
with Office of Management and Budget (OMB) Circular A-108 and ensure
consistency with other SORNs issued by the Department of
Transportation.
Background
In accordance with the Privacy Act of 1974, DOT proposes to modify
and re-issue an existing system of records titled ``DOT/FMCSA-004,
National Consumer Complaint Database (NCCDB)'' and retitle it ``FMCSA
Complaint Center Records''. This system collects information related to
violations of Federal Motor Carrier Safety Regulations and Commercial
Regulations. Records are collected and maintained for monitoring
compliance, investigating complaints, and supporting enforcement
actions related to motor carriers, brokers, and entities subject to
FMCSA's jurisdiction. The following substantive changes have been made
to the Notice:
1. System Name: This Notice updates the SORN name from ``DOT/FMCSA-
004, National Consumer Complaints Database'' to ``DOT/FMCSA-004, FMCSA
Complaint Center Records''. The update to the SORN name is to better
reflect the scope and nature of the records maintained in the system.
2. System Location: This Notice updates the system location to
notify the public that the system location has changed. The previous
SORN had an outdated address and additional information that no longer
applies.
3. System Manager: This Notice updates the system manager name to
reflect the change in system owner.
4. Authority: This Notice updates the authorities of the system to
expand and include relevant statutory and regulatory authorities
supporting the collection and maintenance of PII in the system.
5. Categories of Individuals: This Notice updates categories of
individuals to clearly define who is covered by this system of records.
6. Categories of Records: This Notice updates the categories of
records to better describe the type of complaint records maintained in
the system to include Moving Company, Bus Company, Truck Company,
Electronic Logging Device (ELD) Provider, Drug and Alcohol Service
Agents, Property Broker, Entry Level Driver Training/Training Provider,
Hazardous Material Transportation, Intermodal Equipment Provider,
Motorist Safety, Occupational Safety and Health Administration, and
Registration-Related Fraud and Identity Theft.
7. Routine Uses: This Notice updates routine uses to include the
Department of Transportation's general routine uses applicable to this
system.
8. Records Storage: This Notice updates policies and practices for
the storage of records to inform the public that records are no longer
stored in an automated system maintained by the Volpe Center but are
now stored electronically on a FedRAMP-authorized contractor-maintained
cloud environment.
9. Records Retrieval: This Notice updates the policies and
practices for the retrieval of records to inform the public that
records may be retrieved by filer name, respondent name, address (filer
and respondent), phone number, State name, zip code, Email address,
secondary respondent name, motor carrier number, USDOT number,
complaint number, complaint date. Records will no longer be retrieved
by fax number.
10. Retention and Disposal: This Notice updates the policies and
[[Page 47497]]
practices for the retention and disposal of records to reflect the
applicable National Archives and Records Administration (NARA) records
schedule. The previous NARA record schedule no longer applies to the
records in the system.
11. Exemptions: Notice is updated to reflect that no exemptions are
claimed.
The following non-substantive changes have been made to the Notice:
12. Record Access: This Notice updates record access procedures to
clarify that signatures on requests for records must either be
notarized or accompanied by a statement made under penalty of perjury
in compliance with 28 U.S.C. 1746.
13. Contesting records: The Notices changes language to state ``See
Records Access Procedures'' above.
Privacy Act
The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``system of
records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
Department of Transportation, DOT/FMCSA-004, FMCSA Complaint Center
Records.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Records are maintained in a FedRAMP-authorized third-party cloud
environment. The contracts are maintained by U.S. DOT at 1200 New
Jersey Avenue SE, Washington, DC 20590.
SYSTEM MANAGER(S):
FMCSA Office of Registration, 1200 New Jersey Avenue SE,
Washington, DC 20590.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 14701 note; 49 U.S.C. Subtitle III, Chapter 51 (hazardous
materials); Subtitle IV, Part B (commercial jurisdiction); and Subtitle
VI, Part B, Chapters 311, 313 and 315 (safety jurisdiction), codified
at 49 U.S.C. 13901-13908, 31136, 31134, 31137 and in 49 CFR parts 40,
360, 365, 366, 368, 371, 375, 380, 382, 385, 387, and 390-399.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to provide consumers, drivers, and
others associated with the motor carrier industry with an online
mechanism to report violations of the Federal Motor Carrier Safety
Regulations and other regulations within FMCA's jurisdiction for
efficient reviewing and prioritization by the Agency for intervention
in accordance with applicable program regulations and procedures. The
system includes workflow management functionalities for FMCSA staff to
evaluate complaints, communicate with filers for additional
information, and keep consumers updated on their complaint status.
Information collected by the system contributes to safer motor carrier
operations on our nation's highways and improved consumer protection by
educating consumers about Agency regulatory requirements and consumer
protection rights, alerting consumers of those motor carriers with a
history of complaints related to transporting household goods, and
informing the public with how to avoid being victimized by
untrustworthy moving companies. FMCSA, State, and local law enforcement
can also use the system information to identify problematic motor
carriers for investigatory or enforcement purposes and to promote
compliance. Motor carrier companies can use the system information to
assist with complaint reconciliation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers individuals who submit complaints or inquiries to
the Agency (on their own or others' behalf), individuals on whose
behalf complaints or inquiries are submitted by others (such as
attorneys, members of Congress, third-party advocates, and/or other
governmental organizations); and individuals who are the subjects of
complaints.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system contain the complaint intake form for one of
the following complaint categories: (1) Moving Company, (2) Bus
Company, (3) Truck Company, (4) Electronic Logging Device Provider, (5)
Drug and Alcohol Service Agents, (6) Property Broker, (7) Entry Level
Driver Training/Training Provider, (8) Hazardous Materials
Transportation, (9) Intermodal Equipment Provider, (10) Motorist
Safety, (11) Occupational Safety and Health Administration, (12)
Registration-Related Fraud and Identity Theft.
The filer provides the following information for each complaint,
regardless of complaint type: First and Last Name of the Complaint
Filer, email address, telephone number, mailing address, Privacy
Preference (Filer indicates whether they consent to FMCSA sharing
complaint information with the entity that is the subject of the
complaint, and whether to have their contact information released or
redacted), USDOT Number and/or legal name of the entity who committed
the alleged violation, employment status, complaint and allegation
type, date of the alleged incident, narrative description of the
incident, supporting documentation, certification statement, location
of the incident (applicable to motorist-related complaints), origin and
destination city and state (the route the filer was on when the
incident occurred), applicable to bus-related complaint and the
transportation of household goods.
Uploaded documented evidence and/or additional complaint
information may include correspondence or other information received;
information from the entity or individual referring to the inquiry or
complaint; records created of verbal communications by or with
complainants or other individuals; information regarding third-party
advocates or others who submit complaints or inquiries on another's
behalf; information identifying the entity that is the subject of the
complaint or inquiry or its employees; communication with or by the
entity that is the subject of the complaint or inquiry or its
employees; information about how complaints or inquiries were responded
to or referred, including any resolution; and records used to respond
to or refer complaints or inquiries, including other information
systems maintained by the Agency.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from individuals and
entities filing complaints and inquiries, which may
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include other federal or state governmental authorities and entities or
individuals that are the subjects of complaints and inquiries.
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:
1. To Motor Carrier Safety Assistance Program (MCSAP) State Partner
agencies for use during safety investigations of motor carriers and to
review and analyze complaints submitted against a motor carrier or
broker that allege a violation of the FMCSRs.
2. To Household Goods (HHG) State Enforcement partner agencies for
use during household goods reviews and investigations of motor carriers
and brokers, to review and analyze complaints submitted against a motor
carrier or broker that allege a violation of the FMCSRs.
Department General Routine Uses:
3. 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.
4a. 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.
4b. 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.
5. 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).
6. 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.
7. 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.
8a. 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 there has been a breach of the system of records;
(2) DOT has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, DOT (including its
information systems, programs, and operations), the Federal Government,
or national security; 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 breach or
to prevent, minimize, or remedy such harm.
8b. DOT may disclose records from this system, as a routine use, to
another Federal agency or Federal entity, when DOT determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
9. 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.
10. DOT may disclose records from the system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or
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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.
11. 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.
12. 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 the system are stored electronically on a contractor-
maintained cloud storage service.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Complaint records can be retrieved by the filer's name, respondent
name, complaint/inquiry case number, address, phone number, email
address, or a combination of the information listed in the categories
of records, secondary respondent name, motor carrier number, USDOT
number, and complaint date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in the system are maintained in accordance with the
following NARA's records retention and schedules: NI-557-05-13, Item 1.
Complaint records including telephone messages, electronic mail or
forms, telefaxed messages, letters, are retained temporarily and
destroyed or deleted 36 months after the information has been converted
into an electronic medium, backed up, and verified. Master data files
of the FMCSA Complaint Center are temporary records and deleted 6 years
after the end of the calendar year in which a case is closed or when no
longer needed for reference whichever is sooner.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT IT 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, auditing, and compartmentalizing databases.
The FMCSA Complaint Center data is encrypted at rest and in transit.
Access to the records in this system is limited to those authorized
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. 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 in writing to the System Manager to the address
provided under ``System Manager and Address'' above.
When an individual seeks 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's request 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
have information on them;
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 provide any other information that will help FMCSA.
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 a lack of specificity or
compliance with the consent requirements of the Privacy Act statute and
regulations.
CONTESTING RECORD PROCEDURES:
See ``Records Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
DOT/FMCSA 004--National Consumer Complaint Database (NCCDB) (75 FR
27051 (May 13, 2010)); DOT/FMCSA 04--Safety Violation and Consumer
Complaint Safety Hotline Database (69 FR 63190 (Oct. 29, 2004)).
Issued in Washington, DC.
Karyn Gorman,
Chief Privacy Officer.
[FR Doc. 2025-19125 Filed 9-30-25; 8:45 am]
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