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[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30150-30152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12768]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9310-6; EPA-HQ-OEI-2011-0121]

Establishment of a New System of Records for Personal Information 
Collected by the Environmental Protection Agency's Light Duty In-Use 
Vehicle Testing Program

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of 
Transportation and Air Quality is giving notice that it proposes to 
create a new system of records pursuant to the provisions of the 
Privacy Act of 1974 (5 U.S.C. 552a). This system of records contains 
personally identifiable information (PII) collected from owners of 
light-duty vehicles who volunteer to participate in EPA's Light-Duty 
In-Use Vehicle Testing Program.

DATES: Persons wishing to comment on this new system of records notice 
must do so by July 5, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0121, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: oei.docket@epa.gov.
     Fax: (202) 566-1752.
     Mail: OEI Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0121. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which

[[Page 30151]]

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available (e.g., CBI or other information 
for which disclosure is restricted by statute). Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Avenue, 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1745.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance and 
Innovative Strategies Division, Office of Transportation and Air 
Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann 
Arbor, Michigan 48105; telephone number: 734-214-4851; fax number: 734-
214-4869; e-mail address: sohacki.lynn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

    The U.S. Environmental Protection Agency is creating a Privacy Act 
system of records in support of its Light-Duty In-Use Vehicle Testing 
Program. The Clean Air Act requires manufacturers of motor vehicles and 
engines to design and build vehicles that will comply with emissions 
standards throughout the vehicle's life span. EPA is responsible for 
monitoring compliance and investigating possible noncompliance with 
this requirement. In order to fulfill this function, it is necessary 
for EPA to test actual ``in-use'' vehicles. This program uses motor 
vehicle registration information obtained from the Michigan Secretary 
of State to recruit volunteers who will allow their vehicles to be 
tested. The information that will be maintained regarding program 
participants includes: (1) Car owner's name, address, phone number, and 
vehicle identification numbers (VIN); (2) owners' response cards 
indicating willingness to participate or not; (3) owners' description 
of their vehicles on the recruitment response card and telephone 
questionnaire; (4) notary statement for questionnaire; (5) owners' 
optionally provided car maintenance records; (6) results of tests of 
vehicles recruited; and (7) vehicle release agreement, vehicle test 
agreement, loaner car agreement, cash incentives agreement (includes 
social security number for mandatory tax reporting purposes if cash 
incentive is greater than $600) and (8) cash receipt.
    The above information is contained in computer and paper files at 
EPA's National Vehicle and Fuel Emissions Laboratory in Ann Arbor, 
Michigan. All information provided by the Secretary of State (vehicle 
owners' names, addresses, vehicle identification numbers, vehicle make, 
model year, body style and weight/fee category) is governed by an 
approved security, privacy and personnel policy plan mandated by the 
State. The Plan includes provisions governing the entire information 
system with respect to computer security, prohibition and detection of 
any unauthorized access or use of personal information, employee 
agreements, annual review, notification of violations, system 
supervision requirements, and if necessary, disciplinary actions. Only 
contractor employees (governed by Privacy Act compliance terms in their 
contract) and EPA employees administering the program have access to 
the information provided by the Secretary of State, the questionnaire, 
maintenance records, and test results. Files containing personal 
information are kept in locked filing cabinets. Physical access to the 
filing cabinets is limited to authorized personnel employees with 
building key cards. All files are assigned a control number by which 
they are accessed. If the vehicle owner gives consent, the 
questionnaire (including the owner's name and address), maintenance 
records, and test results are shared with the vehicle manufacturer. 
This information is used by the manufacturer to participate in problem 
solving with the Agency when emissions compliance issues are raised by 
the test results and to contact the current owner for voluntary 
participation in the retest conducted by the manufacturer. 
Manufacturers already maintain VIN and original owner information in 
connection with warranty obligations and maintenance information if the 
service was performed in manufacturer-affiliated repair shops. However, 
additional maintenance information voluntarily submitted by the owner 
to the Agency will be used to help identify the cause of emissions 
compliance issues.

    Dated: April 19, 2011.
Malcolm D. Jackson,
Assistant Administrator and Chief Information Officer.
EPA-60

System Name:
    EPA's Light-Duty In-Use Vehicle Testing Program Information System.

System Location:
    USEPA, Office of Transportation and Air Quality, Compliance and 
Innovative Strategies Division, National Vehicle and Fuel Emissions 
Laboratory, 2000 Traverwood, Ann Arbor, Michigan 48105.

Categories of Individuals Covered by the System:
    Individuals who volunteer to loan vehicles they own or lease for 
emissions standards testing at the National Vehicle and Emissions 
Laboratory.

Categories of Records in the System:
    (a) Car owner/lessee names, addresses, phone numbers, and vehicle 
identification numbers (VINs).
    (b) Owners' response cards.
    (c) Owners' description of vehicle on response cards and telephone 
questionnaires; notary statement for questionnaire; owner's car 
maintenance records (optional); results of tests on participating 
vehicles.
    (d) Vehicle release; vehicle test agreement; loaner car agreement, 
cash incentives agreement (includes social security number for 
mandatory tax reporting purposes if incentive is greater than $600) and 
cash receipt.

Authority for Maintenance of the System (includes any revisions or 
amendments):
    Title II of the Clean Air Act, (42 U.S.C. 7521 et seq.) requires 
manufacturers of motor vehicles and

[[Page 30152]]

engines to design and build vehicles which will comply with emission 
standards throughout their lifespan. Pursuant to the Clean Air Act 
section 207 (42 U.S.C. 7541), EPA is responsible for monitoring 
compliance and investigating possible noncompliance with emission 
standards.

Purpose(s):
    The primary purpose of the system is to collect and maintain the 
information necessary to recruit vehicles of a particular class for 
testing. This includes information relevant to the testing of recruited 
vehicles, maintenance records (if volunteered by the participant), 
information from tests conducted on the vehicles, and documents 
necessary to administer the program (vehicle release, loaner agreement, 
cash receipt, etc.).

Routine Uses of Records Maintained in the System, Including Categories 
of Users, and the Purposes of Such Uses:
    General routine uses A, F, G, H, K and L apply to this system. (A 
detailed description of these routine uses can be found in the Agency's 
Systems of Records Web site at http://www.epa.gov/privacy/notice/general.htm.)
    In addition, the following routine uses may also apply:
    A. If the owner consents, maintenance records, questionnaire 
answers, and test results are disclosed to the manufacturer of the 
owner's vehicle. This information may be used by the manufacturer and 
EPA to help clarify the test-related issues.
    B. Manufacturers may, on occasion, use this information to contact 
a vehicle owner to request voluntary participation in a manufacturer-
conducted retest.
    C. IRS Form 21099 is filed with the IRS as required for payments of 
$600 or more. The information provided on the form includes the 
recipient's name, address, and social security number.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
     Storage: Information from the Michigan Secretary of State 
is received on diskette and stored on a computer. All subsequent data 
is received and stored as paper files.
     Retrievability: All data are retrieved by a control number 
that is assigned to each participant at the initiation of the vehicle 
recruitment process.
     Safeguards:
    --Computer-stored information is protected in accordance with the 
Agency's security requirements.
    --Access to the information in the system is limited to authorized 
Agency and contractor personnel who administer the program. No external 
access to the system is provided. A subset of the information may be 
shared with manufacturers in accordance with the vehicle owner's prior 
consent.
    --The contractor is subject to Federal Acquisition Regulations 
(FAR) Privacy Act clauses included in its contract.
    --All information in the system is subject to the agreement entered 
into by the Agency with the Michigan Department of State under the 
``Security, Privacy, and Personnel Policy Plan Governing Personal 
Information.'' The Plan includes methods to prohibit and detect any 
unauthorized access or use of personal information; an annual review of 
data security policies and procedures; notification of any known or 
alleged breach of security of personal data; notification of 
individuals affected by any unauthorized release of personal 
information; maintenance of records identifying each third-party person 
or entity obtaining personal information and the uses thereof; 
notification of the supervisor if any employee is approached to provide 
information improperly; and disciplinary actions for violations of the 
Plan.
     Retention and Disposal: Records stored in this system are 
subject to Schedule 483.

System Manager(s) and Address:
    Lynn Sohacki, Compliance and Innovative Strategies Division, Office 
of Transportation and Air Quality, U.S. Environmental Protection 
Agency, 2000 Traverwood, Ann Arbor, Michigan 48105; telephone number: 
734-214-4851; fax number: 734-214-4869; e-mail address: 
sohacki.lynn@epa.gov.

Notification Procedure:
    Requests to determine whether this system of records contains a 
record pertaining to you must be sent to the Agency's Freedom of 
Information Office; U.S. Environmental Protection Agency; 1200 
Pennsylvania Avenue, NW., Room 6416 EPA West; Washington, DC 20460; 
(202) 566-1667; E-mail: (hq.foia@epa.gov); Attn: Privacy Officer.

Record Access Procedures:
    Individuals wishing to request access to their records should 
follow the Notification Procedures to contact the Agency. Individuals 
seeking access to their personal information contained in this system 
of records will be required to provide adequate identification (e.g., 
driver's license, military identification card, employee badge or 
identification card). Access requests must meet the requirements of 
EPA's Privacy Act regulations at 40 CFR part 16.

Contesting Records Procedures:
    Individuals wishing to request access to their records should 
follow the Notification Procedures to contact the Agency. Requests to 
correct or amend a record must identify the subject record and the 
corrective action sought. Complete EPA Privacy Act procedures are set 
out in 40 CFR part 16.

Record Source Categories:
    (1) Vehicle Identification Numbers (VINs), vehicle class 
descriptors, and owner name and address from the Michigan Department of 
State;
    (2) Information on the vehicles provided by their owners from 
potential and actual participants in the program;
    (3) Results of tests conducted on participating owners' vehicles;
    (4) Information generated by EPA and its contractor in 
administering the program.

System Exempted from Certain Provisions of the Privacy Act:
    None.

[FR Doc. 2011-12768 Filed 5-23-11; 8:45 am]
BILLING CODE 6560-50-P
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