Federal Register - June 28, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices The system of records will also serve as a central repository of driver-trainee ELDT certification information.
Each ELDT training provider is responsible for collecting certain information from its driver trainees, to include the driver-trainees name, permit or driver license number, State of licensure, license class and/or endorsements, the type of training completed e.g., Class A or B theory and behind-the-wheel BTW training, total number of BTW clock hours if applicable, and date of completion.
Upon a drivers completion of the ELDT
training administered by a provider listed on the TPR, providers must, by midnight of the second business day following completion, electronically transmit training certification information through the TPR website.
49 CFR 380.717. The purpose of maintaining these records in the TPR
system is two-fold: First, it allows users SDLAs or third-party skills test examiners authorized by the SDLA to query the TPR and verify electronically that the applicant completed applicable training prior to conducting the skills test, as required in 49 CFR
383.73b11, or administering the knowledge test to an applicant for the hazardous materials H endorsement, as required in 49 CFR 383.73e9. This use of ELDT information by SDLAs is a routine use, discussed further below.
Second, FMCSA intends to use the ELDT certification information to analyze the safety impact of ELDT and to monitor the efficacy, competence, and performance of training providers.
If the audits or investigations conducted by FMCSA, or its authorized representatives, identifies material deficiencies pertaining to the training providers program, operations, or eligibility, FMCSA may consider the removal of the training provider from the TPR pursuant to 49 CFR 380.721.
The Department is proposing three routine uses for this system of records tied directly to the purpose of the system. The first routine use would allow the provision of the training providers legal name, location, phone number, website address, and the type of ELDT offered, to members of the public to allow entry-level drivers the necessary information to locate a provider in his or her locality. The second proposed routine use would allow the transmission of a drivers ELDT certification information in response to mandatory queries made by SDLAs and third-party skills testers authorized by the SDLA prior to conducting the applicable skills test.
This routine use will allow CDL skills examiners to verify the drivers
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eligibility to take the required tests as outlined in the ELDT regulations. The third proposed routine use would allow the transmission of a drivers ELDT
certification information in response to mandatory queries made by SDLAs prior to conducting the knowledge test for the H endorsement. This routine use will allow SDLAs to verify the drivers eligibility to take the test.
FMCSA has also included DOT
General Routine Uses, to the extent they are compatible with the purposes of this System. As recognized by the Office of Management and Budget OMB in its Privacy Act Implementation Guidance and Responsibilities 65 FR 19746 July 9, 1975, the routine uses include proper and necessary uses of information in the system, even if such uses occur infrequently. FMCSA has included in this notice routine uses for disclosures to law enforcement when the record, on its face, indicates a violation of law, to DOJ for litigation purposes, or when necessary in investigating or responding to a breach of this system or other agencies systems. DOT may disclose to Federal, State, local, or foreign agency information relevant to law enforcement, litigation, and proceedings before any court or adjudicative or administrative body. OMB has long recognized that these types of routine uses are proper and necessary uses of information and qualify as compatible with agency systems 65 FR 19476, April 11, 2000. In addition, OMB
Memorandum M1712, directed agencies to include routine uses that will permit sharing of information when needed to investigate, respond to, and mitigate a breach of a Federal information system. DOT also has included routine uses that permit sharing with the National Archives and Records Administration when necessary for an inspection, to any federal government agency engaged in audit or oversight related to this system, or when DOT determines that the disclosure will detect, prevent, or mitigate terrorism activity. These types of disclosures are necessary and proper uses of information in this system because they further DOTs obligation to fulfil its records management and program management responsibilities by facilitating accountability to agencies charged with oversight in these areas, and DOTs obligation under Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108456, and Executive Order 13388 Oct. 25, 2005 to share information necessary and relevant to detect, prevent, disrupt, preempt, or mitigate the effects of
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terrorist activities against the territory, people, and interests of the United States.
Privacy Act The Privacy Act 5 U.S.C. 552a governs the means by which the 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.
The Privacy Act extends rights and protections to individuals who are 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. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted by the Privacy Act.
Below is the description of the Training Provider Registry System of Records. In accordance with 5 U.S.C.
552ar, DOT has provided a report of this system of records to the OMB and to Congress.
SYSTEM NAME AND NUMBER:
DOT/FMCSA 012Entry-Level Driver Training Provider Registry TPR.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained in a FedRAMP-certified third-party cloud environment. The contracts are maintained by DOT at 1200 New Jersey Avenue SE, Washington, DC 20590.
SYSTEM MANAGERS:
System Manager, Commercial Driver License Division, Office of Safety Programs, FMCSA, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Moving Ahead for Progress in the 21st Century Act MAP21 Pub. L. 112
141, section 32304, 126 Stat. 405, 791
July 6, 2012.
PURPOSES OF THE SYSTEM:
The purpose of the system is to 1
collect and maintain information on training providers listed on the TPR; 2
collect and maintain certification
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