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 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 DOTs 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 b1 of the Privacy Act.
10. DOT may disclose from this system, as a routine use, records consisting of, or relating to, terrorism information 6 U.S.C. 485a5, homeland security information 6 U.S.C.
482f1, or Law enforcement information Guideline 2 Report attached to White House Memorandum, Information Sharing Environment,
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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. 108458 and Executive Order 13388 October 25, 2005.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are stored electronically on a contractormaintained cloud storage service.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records of training providers may be retrieved by the following data elements: Training providers name, location, city, state, type of CDL training offered, and training provider number.
Records of driver-trainees may be retrieved by the following data elements: CDL holders name, license number, and commercial learners permit number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
FMCSA proposes to maintain training records of individual drivers for 60
years or until notified that the driver is deceased. This retention period is consistent with other CDL driver records maintained by SDLAs. FMCSA
proposes to maintain training provider registration information for 60 years.
This retention period is consistent with the proposed record scheduled for training records of individuals and allows FMCSA to maintain a complete and accurate history. The records schedule for the TPR records is currently being developed and will be submitted for approval by the National Archives and Records Administration NARA. All records maintained in the system of records will not be disposed of and will be treated as permanent records until the schedule is approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable DOT automated systems security and access policies.
Appropriate controls have been imposed to minimize the risk of
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compromising the information that is being stored and ensuring confidentiality of communications using tools such as encryption, authentication of sending parties, and compartmentalizing databases; and employing auditing software. TPR data is encrypted at rest and in transit.
Access to records in this system is limited to those individuals who have a need to know the information for 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 to the System Manager in writing in writing to the address provided under System Manager and Address. 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 your request must conform with the Privacy Act regulations set forth in 49 CFR part 10. You must sign your request, and your 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. While no specific form is required, you should provide the following:
An explanation of why you believe the Department would have information on you;
Identify which components of the Department you believe may have the information about you;
Specify when you believe the records would have been created;
Provide any other information that will help the FOIA staff determine which DOT component agency may have responsive records; and If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records.
Without this bulleted information, the Department may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.
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